Or. Admin. Code § 414-205-0040

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

Section 414-205-0040 - The Provider and Other Persons in the Home

(1) The registered provider and any substitute provider shall:

(a) Be at least 18 years old,

(b) Have competence, sound judgment and self-control when working with children, and

(c) Be mentally, physically and emotionally capable of performing duties related to child care.

(2) No one shall have access to child care children who has demonstrated behavior that may have a detrimental effect on a child. Residents of the home are considered to have access to the child care children even if they are not generally at home during child care hours.

(3) The applicant and other residents of the home 18 years of age or older must be enrolled in CCLD's CBR prior to the issuance of a registration. Residents of the home who are under 18 years of age must be enrolled in the Registry by their 18th birthday.

(4) The provider must receive confirmation from CCLD that an individual 18 years of age or over, is enrolled or conditionally enrolled in the CBR before the individual can:

(a) Reside on the premises;

(b) Stay overnight on the premises for longer than 14 consecutive days, not to exceed a total of 30 days in a calendar year;

(c) Assist the provider; or

(d) Volunteer in the child care program.

(5) Individuals with conditional enrollment in the CBR shall not have unsupervised access to children.

(6) If additional information is needed to assess a person's ability to care for children or to have access to children, CCLD may require references, an evaluation by a physician, counselor, or other qualified person, or other information.

(7) Any visitor to the home or other adult who is not enrolled in the CBR may not have unsupervised access to children.

(8) The provider, substitutes and other individuals that are required to be enrolled in the CBR must maintain current enrollment in the CBR at all times while the registered family child care license is active.

(9) Individuals whose CBR enrollment has been revoked, denied or suspended, may not live in the home; be on the premises during child care hours; or have contact with child care children.

(10) 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 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.

(11) The provider shall have a written plan to ensure that individuals who are not enrolled or conditionally enrolled in the CBR and are on the child care premises shall not have unsupervised access to children.

(12) The provider shall maintain a log of arrival and departure times of all individuals 18 and older who are not enrolled or conditionally enrolled in the CBR and enter the home while child care children are present, excluding persons authorized to drop off and pick up a child care child.

(13) Prior to substituting for the provider, a caregiver must:

(a) Be familiar with the requirements for registration and agree to comply with them;

(b) Be enrolled in the CBR;

(c) Comply with all the requirements placed on the provider, except those in OAR 414-205-0055(1)(a), (2)(c), (3) (c);

(d) Have current certification in first aid and infant and child cardiopulmonary resuscitation (CPR). The certifications must be current while the caregiver is substituting for the provider. CPR training must have practical hands-on instruction. CPR courses that involve an on-line component with hands-on instruction may be accepted. Strictly online CPR training is not acceptable;

(e) Have completed a minimum of two hours of training on child abuse and neglect that is specific to Oregon law;

(f) Have current food handler's certification, if preparing or serving food to children;

(g) Have completed Introduction to Child Care Health & Safety Training;

(h) Have completed CCLD-approved safe sleep training; and

(i) Complete CCLD-approved child development training.

Or. Admin. Code § 414-205-0040

CCD 2-1994, f. 7-15-94, cert. ef. 8-15-94; CCD 1-1995, f. 10-30-95, cert. ef. 11-1-95; CCD 1-2000, f. 3-31-00, cert. ef. 4-2-00; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 9-2014(Temp), f. & cert. ef. 8-7-14 thru 2-3-15; ELD 4-2015, f. & cert. ef. 2/3/2015; ELD 5-2016, f. & cert. ef. 9-29-16 thru 3-27-17; ELD 5-2017, f. & cert. ef. 3/27/2017; ELD 12-2018, amend filed 10/16/2018, effective 10/16/2018; ELD 4-2022, amend filed 03/30/2022, effective 3/30/2022; DELC 137-2023, amend filed 12/06/2023, effective 1/1/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.260 & ORS 329A