Or. Admin. Code § 414-205-0035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 414-205-0035 - General Requirements

(1) The home in which child care is provided must be the residence of the provider.

(2) The provider may not hold a medical marijuana card, grow marijuana, or be a distributor of marijuana.

(3) Registration is limited to one provider per household.

(4) A registration applies to only the person and address on the certificate of registration and is not transferable to another location or individual.

(5) The registration is valid for a maximum of two years. The registration period begins with the effective date shown on the certificate of registration. A provider may not care for more than three (3) children, other than the provider's own children, at any one time prior to receiving a certificate of registration from CCLD.

(6) CCLD registration records are open to the public on request. However, information protected by state or federal law will not be disclosed.

(7) The name, address, telephone number, and registration status of providers is public information. However, CCLD may withhold from the public a provider's address and telephone number if the provider makes a written request documenting that disclosure of the address and/or telephone number would endanger him/her or a family member living in the home (OAR 137-004-0800). The request must be on a form supplied by CCLD.

(8) The provider shall display the following near the entrance, or in some other area of the home where they may be clearly viewed by parent(s) of children in care:

(a) The Certificate of Registration; and

(b) Providers must post all serious valid complaint and serious non-compliance letters for 12 calendar months.

(9) The provider shall display a floor plan identifying the locations of the following near the entrance, or in some other area of the home where they may be clearly viewed by all individuals responsible for evacuation procedures:

(a) Exits;

(b) Primary evacuation routes;

(c) Secondary evacuation routes; and

(d) Fire extinguishers.

(10) The provider shall have no other employment, either in or out of the home, during the hours children are in care.

(11) CCLD staff may conduct an unannounced monitoring visit at least once during the license period.

(12) The provider or substitute must allow a representative from the Child Care Licensing Division access to the premises any time child care children are present.

(13) The provider or substitute shall allow an inspection of all areas of the facility that are accessible to child care children, and a health and safety review of other areas of the facility to ensure the health and safety of child care children.

(14) The provider must allow parents or legal guardians of child care children access to the home during the hours their child(ren) are in care.

(15) The provider must comply with local, state and federal laws related to immunizations, child care restrictable diseases, child safety systems and seat belts in vehicles, bicycle safety, civil rights laws, and the Americans with Disabilities Act.

(16) Any caregiver who has reason to believe that any child has suffered abuse (physical injury, mental injury, neglect that leads to physical harm, sexual abuse and/or exploitation, or threat of harm) must report the information to the Department of Human Services Child Welfare (DHS) or to a law enforcement agency. By statute, this requirement applies 24 hours per day.

(17) The provider must notify parents if there will be a substitute provider and the caregiver's name. In the event of an emergency, a good faith effort will be made to notify parents that a substitute will be caring for the children.

(18) The provider must notify parents if the children will be away from the home for any part of the day for visits, field trips or any other activity off the premises and the name of the caregiver.

(19) If an applicant or a provider wishes to provide child foster care, the provider must receive approval from CCLD and DHS, prior to placement of the foster child(ren).

(20) Registered providers shall comply with all conditions placed on their license.

(21) Information provided to CCLD on applications, in records or reports, or any other written or verbal communication, shall be current, complete and accurate.

(22) Providers shall immediately notify all parents of any closure of the active license.

(23) Providers must have parent(s) or guardian(s) of each child enrolled in the registered family child care home, sign a declaration form approved by the Child Care Licensing Division verifying they have reviewed a copy of the current license certificate. The declaration shall be updated any time there has been an exception or condition added to the license.

(24) Providers must post the DELC Website [www.oregon.gov/DELC] and phone number [1-800-556-6616], and a statement advising parents that they can access information about their child care provider on the child care safety portal.

(25) The provider shall report to CCLD:

(a) Any death of a child while in care, within 24 hours;

(b) Within 24 hours:

(A) Any child that is lost or missing from the premises;

(B) Any child that is left behind on a facility excursion;

(C) Any child that is left unattended on the premises;

(D) Any child that is left alone on the playground; or

(E) Any child that is left alone in a vehicle.

(c) Any serious injury or incident, as defined in OAR 414-205-0010(30) within 5 calendar days after the occurrence. This does not include:

(A) Injuries for which a child is evaluated by a professional as a precaution;

(B) Injuries for which first aid is administered at the facility, but no further treatment by a medical professional is warranted; or

(C) Medical events due to routine, ongoing medical issues, such as asthma or seizures.

(d) Any damage to the building that affects the provider's ability to comply with these requirements, within 48 hours of the occurrence.

(e) Any animal bites to a child within 48 hours of occurrence.

(26) The written emergency plan must be given to parents of children in care.

(27) The Child Care Licensing Division may notify parent(s) or guardian(s) of children under 12 months of age enrolled in the registered family child care home of any valid non-compliance with regulations for safe sleep included in OAR 414-205-0090(11).

Or. Admin. Code § 414-205-0035

CCD 1-2000, f. 3-31-00, cert. ef. 4-2-00; CCD 1-2007(Temp), f. & cert. ef. 3-20-07 thru 9-16-07; CCD 2-2007, f. & cert. ef. 7-13-07; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; Reverted to CCD 2-2007, f. & cert. ef. 7-13-07; ELD 9-2014(Temp), f. & cert. ef. 8-7-14 thru 2-3-15; ELD 4-2015, f. & cert. ef. 2-3-15; ELD 4-2018, amend filed 03/06/2018, effective 09/30/2018; ELD 6-2018, temporary amend filed 07/02/2018, effective 07/02/2018 through 09/29/2018; ELD 7-2018, amend filed 09/28/2018, effective 09/30/2018; ELD 9-2018, temporary amend filed 10/02/2018, effective 10/02/2018 through 03/30/2019; ELD 14-2018, amend filed 10/17/2018, effective 10/17/2018; ELD 15-2018, temporary amend filed 10/17/2018, effective 10/17/2018 through 03/30/2019; ELD 41-2018, temporary amend filed 11/30/2018, effective 11/30/2018 through 05/28/2019; ELD 8-2019, amend filed 03/28/2019, effective 3/28/2019; ELD 6-2022, amend filed 05/25/2022, effective 5/26/2022; DELC 137-2023, amend filed 12/06/2023, effective 1/1/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.260