Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0170 - Suspension, Denial, Revocation, Findings Reviews and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A provider has
			 the right to a review of any finding made by CCLD. New applicants for
			 registration will be given a copy of CCLD's findings review procedures at the
			 time of the on-site inspection. Information on the CCLD findings review process
			 will be in complaint letters. The CCLD findings review procedures are also
			 available upon request.
(2) The
			 Child Care Licensing Division may immediately, and without prior notice,
			 suspend the child care registration when, in the opinion of CCLD, such action
			 is necessary to protect the children from physical or mental abuse or a
			 substantial threat to health, safety or well-being. Such action may be taken
			 before an investigation is completed.
(3) A provider whose registration has been
			 suspended must immediately notify, verbally or in writing, all parents of the
			 suspension.
(4) A provider whose
			 registration has been suspended must immediately provide CCLD with all names,
			 work and home telephone numbers and addresses of the parent(s) or legal
			 guardian(s) for each child.
(5) A
			 provider whose registration has been suspended must post the suspension in the
			 home where it can be viewed by parents and others for the duration of the
			 suspension.
(6) If necessary to
			 protect children, CCLD may give public notice of denial, suspension or
			 revocation action taken. The type of notice will depend on individual
			 circumstances.
(7) If the provider
			 does not request a hearing and the conditions which resulted in suspension have
			 not been corrected, the registration shall be revoked.
(8) Registration may be denied or revoked if
			 a registered family child care home fails to meet requirements, provide CCLD
			 with information requested, allow an inspection, correct deficiencies, or is
			 operated or maintained in a manner which is harmful to the health, safety or
			 well-being of children in care.
(9)
			 A registered family child care home whose registration has been denied or
			 revoked must immediately notify all parents of the closure and shall post a
			 notice of the closure where it can be viewed by parents and others. The notice
			 shall remain posted for a minimum of 2 weeks.
(10) The provider has the right to appeal any
			 decision to deny, suspend, or revoke the registration, subject to the
			 provisions of Chapter 183, Oregon Revised Statutes.
(11) Any action taken by CCLD to deny,
			 suspend, or revoke registration may be reported to the Department of Human
			 Services, USDA Child Care Food Programs and child care resource and referral
			 system.
(12) A provider whose
			 registration has been denied for cause (e.g. health and safety concerns,
			 criminal activity or child abuse and neglect involvement) or revoked for cause
			 shall not be eligible to reapply for 5 years after the effective date of the
			 closure.
(13) If any person, who is
			 enrolled in the CBR, has been charged with, arrested for, or a warrant is out
			 for any of the crimes which CCLD has determined indicate behavior which may
			 have a detrimental effect on a child, with final disposition not yet reached,
			 registration may be denied or suspended or revoked until the charge, arrest, or
			 warrant has been resolved if the person continues to operate, be employed in or
			 reside in the home, or have access to children in the home.
(14) Registration may be denied, suspended or
			 revoked if an individual listed in OAR 414-205-0040  has a child abuse and
			 neglect history or an open child abuse and neglect or law enforcement case that
			 would disqualify the individual from the CBR.
(15) Violations of these rules or terms and
			 conditions of certification under these rules may be subject to a civil penalty
			 up to $750 per violation.
(16)
			 Whenever the Child Care Licensing Division (CCLD) investigates an alleged
			 complaint at a registered facility, or a facility that may be operating in
			 violation of the requirements of ORS
			 329A.250 through
			 329A.450, CCLD shall:
(a) Provide technical assistance as
			 appropriate;
(b) Send written
			 notice of the complaint visit to the facility with a finding of valid, unable
			 to substantiate, or invalid; and
(c) CCLD shall assess whether additional
			 legal actions are appropriate, including but not limited to civil penalties,
			 denials, revocations or suspensions, depending upon:
(A) Numbers of previous violations of the
			 same rule; or
(B) Circumstances
			 surrounding the rule violation.