Or. Admin. Code § 414-180-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-180-0010 - Definitions

The following definitions apply to Oregon Administrative Rules 414-180-0015 through 414-180-0100.

(1) "Caregiver" means any person, including the provider, who cares for the children in Regulated Subsidy child care and works directly with the children, providing care, supervision and guidance.

(2) "Child Care" means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, legal guardian or custodian, during a part of the 24 hours of the day, with or without compensation.

(3) "Child Care Child" means a child under 13 years of age, or a child under 18 years of age with special needs. Children who turn age 13 or age 18 with special needs remain an eligible child care child based on age through their current certification period. The provider has supervisory responsibility for the child in the temporary absence of the parent.

(4) "Child Care Facility" means the location where child care is being conducted. This can be either a private residence or commercially zoned building.

(5) "Child with Special Needs" means a child under 18 years of age who requires a level of care over and above the norm for their age due to a physical, developmental, behavioral, mental or medical disability.

(6) "Communicable Disease" means an illness caused by an infectious agent or its toxins.

(7) "Disinfecting" means using a process for destroying or irreversibly inactivating harmful organisms, including bacteria, viruses, germs and fungi.

(8) "Family" means a group of individuals related by blood, marriage or adoption, or individuals whose functional relationships are similar to those found in such associations.

(9) "Infant" means a child from birth up to 12 months of age.

(10) "CCLD" means the Child Care Licensing Division, Department of Early Learning and Care.

(11) "Outbreak of Communicable Disease" means two cases from separate households associated with a suspected common source.

(12) "Premises" means the structure where child care is conducted that is identified on the application or listed with the Department, including indoors and outdoors and space not directly used for child care.

(13) "Preschool-Age Child" means a child who is 36 months of age up to eligible to attend kindergarten in a public school.

(14) "Provider" means the person or facility who is responsible for the children in care; is the children's primary caregiver; and who is listed with the Department as the provider.

(15) "Regulated Subsidy Child Care" means care that is provided to children whose families access federal child care subsidy funds through the state.

(16) "Restrictable Disease" means an illness or infection that would prohibit the child from attending child care.

(17) "Sanitizing" means using a treatment that provides enough heat or concentration of chemicals for enough time to reduce the bacterial count, including disease producing organisms, to a safe level on utensils, equipment and toys.

(18) "Serious Injury or Incident" means any of the following:

(a) Injury requiring surgery;

(b) Injury requiring admission to a hospital;

(c) Injury requiring emergency medical attention;

(d) Choking and unexpected breathing problems;

(e) Unconsciousness;

(f) Concussion;

(g) Poisoning;

(h) Medication overdose;

(i) Broken bone;

(j) Severe head or neck injury;

(k) Chemical contact in eyes, mouth, skin, inhalation or ingestion;

(l) All burns;

(m) Allergic reaction requiring administration of Epi-Pen;

(n) Severe bleeding or stitches;

(o) Shock or confused state;

(p) Near-drowning.

(19) "Substitute Provider" means a person who acts as the child's primary caregiver in the temporary absence of the provider.

(20) "Toddler" means a child who is at least 12 months of age but is not preschool-age.

(21) "Unsupervised Access to Children" means contact with children that provides the person opportunity for personal communication or touch when not under the direct supervision of a child care provider or staff with supervisory authority.

(22) "Useable Exit" means an unobstructed door or window through which the provider and the children can evacuate the child care facility in case of a fire or emergency. Doors must be able to be opened from the inside without a key.

(a) For buildings built before July 1, 2010, window openings must be at least 20 inches wide and at least 22 inches in height, with a net clear opening of five square feet (at least 720 square inches) and a sill no more than 48 inches above the floor.

(b) For buildings built after July 1, 2010, window openings must be at least 20 inches wide and at least 24 inches in height, with a net clear opening of five square feet (at least 720 square inches) and a sill no more than 44 inches above the floor.

Or. Admin. Code § 414-180-0010

ELD 2-2016, f. & cert. ef. 6/29/2016; ELD 2-2017, f. & cert. ef. 1/31/2017; ELD 13-2018, amend filed 10/16/2018, effective 10/16/2018; ELD 3-2020, amend filed 01/30/2020, effective 1/30/2020; ELD 1-2021, amend filed 05/12/2021, effective 5/12/2021; DELC 72-2023, minor correction filed 11/22/2023, effective 11/22/2023

Statutory/Other Authority: ORS 326.425 & ORS 329.020

Statutes/Other Implemented: ORS 329A.505, ORS 329A.500, ORS 329.010 & ORS 329.020