Or. Admin. R. 414-310-0100

Current through Register Vol. 63, No. 9, September 1, 2024

Section 414-310-0100 - Definitions

The following words and terms within these rules have the following meanings:

(1) "Activity Area" means the area of the center that is available, during all the hours of operation, for the children's activities. This area excludes but is not limited to kitchens, hallways, toilet rooms, lockers, offices, storage areas, staff room, furnace room, and the part of rooms occupied by stationary equipment and fixtures not used by children.

(2) "Applicant" means a person, business entity, or governing body who submits the child care license application and in whose name the certificate will be issued.

(3) "Assistant Program Leader" means staff who support Program Leaders in caring for children but who must be directly supervised.

(4) "Attendance" means children present in the care of the center at any given time.

(5) "Behavior and Guidance" means the on-going process of helping children develop self-control and assume responsibility for their own behaviors and actions.

(6) "Business Day" means Monday through Friday, but does not include any holidays as defined by ORS 187.010 and ORS 189.020, or any day that the central office of CCLD is closed.

(7) "Capacity" means the total number of children in care at the school-age center or in care away from the center at any one time.

(8) "Caregiver" means any person in the center, who works directly with the children, providing care, supervision, and guidance.

(9) "CBR" (Central Background Registry) means CCLD's Registry of individuals who have been approved to be associated with a child care facility in Oregon pursuant to ORS 329A.030 and OAR 414-061-0000 through 414-061-0120.

(a) "CBR Enrollment" means approval for a 5 year period to be enrolled in the CBR following an Oregon State Police criminal records check, child abuse and neglect records check, checks of adult protective services and foster care certification, and an FBI records check.

(b) "CBR Conditional Enrollment" means temporary approval to be enrolled in the CBR following an Oregon State Police records check and child abuse and neglect records check but prior to receipt by CCLD of the results of the required FBI records check.

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

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

(12) "Child with Specific Needs" means a child who requires specialized supports or other accommodations including some adaptation of the center's standard program of care, activities or equipment to accommodate a physical, developmental, behavioral, mental or medical condition or disability which is either permanent or temporary.

(13) "Children Related within the Fourth Degree" includes the child's grandparent, great-grandparent, sibling, aunt, uncle, brothers, sisters, nephews, nieces, great-nephews, great-nieces, and first cousins.

(14) "Civil Penalty" means a fine imposed by CCLD on a facility for violation of these rules.

(15) "Comparable Group Care Program" means a program which has the following elements:

(a) Staff are supervised by knowledgeable professionals;

(b) Training of staff is provided or required annually;

(c) Group size is similar to a certified child care facility; and

(d) Curriculum is developmentally appropriate.

(16) "Contracted Services" means activities (e.g., tumbling, music, soccer classes) provided on the premises by an organization or program other than the center.

(17) "Developmentally Appropriate" means:

(a) Caregivers interact with each child in a way that respects the child's unique abilities;

(b) Caregivers have knowledge about how children grow and learn;

(c) Acitivites, materials, and curriculum reflect the interests and abilities of a specific child or group of children; and

(d) Equipment is appropriately sized or adapted so that each child can participate fully and safely.

(18) "Disinfect" means to eliminate virtually all germs from an inanimate surface by the process of cleaning and rinsing, followed by:

(a) A chlorine bleach and water solution following the manufacturer's instructions; or

(b) Other disinfectant products registered with the EPA, if used strictly according to the manufacturer's label instructions including, but not limited to, quantity, time the product must be left in place, adequate time to allow the product to dry or rinsing if applicable, and appropriateness for use on the surface to be disinfected. Any disinfectant used on food contact surfaces or toys must be labeled "safe for food."

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

(20) "Field Trip" means an excursion or program activity with a specific destination away from the center that begins when staff and children leave the center's property, whether by vehicle or by walking. It does not include neighborhood walks, routine school or home pick-up and drop-offs provided by the center.

(21) "Fire Code Official" means a Fire Inspector II, Fire Marshal, Deputy State Fire Marshal or designated person defined by ORS 476.030, ORS 476.060 and OAR 837-039-0016.

(22) "Hazards" means anything that may inflict injury or cause harm.

(23) "Infestation" means the invasion of insects and worms that causes a disease to the host. These insects can be mites, ticks, fleas or lice. Worms can be roundworms, pinworms, flatworms or other helminths.

(24) "License" means the document that is issued by CCLD to a school-age center. A license may also be referred to as a certificate.

(25) "Lockdown" means restricted to an interior room with few or no windows while the facility or building is secured from a threat.

(26) "Night Care" means care given between 9 p.m. and 5 a.m. or when any enrolled child sleeps for more than three hours at the center.

(27) "Operator" means the person, group, corporation, partnership, governing body, association, or other public or private organization legally responsible for the overall operation of the center and who has the authority to perform the duties necessary to meet certification requirements. If the operator is other than the owner, an individual must be appointed as the operator by the owner.

(28) "Oregon Registry" means the voluntary registry at the Oregon Center for Career Development in Childhood Care and Education at Portland State University that documents the training, education and experience of individuals who work in childhood care and education.

(29) "Oregon Registry Online" (ORO) means the statewide database that stores all submitted training and education to be verified for use by CCLD.

(30) "Owner" means the person, group, corporation, partnership, governing body, association, or other public or private organization legally responsible for the overall operation of the center and who has the authority to perform the duties necessary to meet certification requirements.

(31) "Parent" means a child's parent, a guardian, or a person 18 years of age or older with supervisory responsibility of the child in the absence of the child's parent.

(32) "Physical Restraint" means purposely limiting or obstructing the freedom of a person's bodily movement. Physical restraint does not include:

(a) Holding a child to comfort the child when in distress;

(b) Guiding a child to move them safely from one area to another without the use of force (e.g. redirecting a child to another activity);

(c) Assisting a child to complete a task, if the child does not resist the physical contact (helping a child to tie their shoe, or hold a pencil or tool); or

(d) Any prohibited discipline or action listed in OAR 414-310-0420.

(33) "Potentially Hazardous Food" means any food or beverage containing milk or milk products, eggs, meat, fish, shellfish, poultry, cooked rice, beans or pasta, and all other previously cooked foods, including leftovers.

(34) "Premises" means the physical space and building, or portions of a physical space or building, used by a center, including all areas indoor or outdoor, directly accessible to the child care children and center staff, and all areas not generally accessible if used for any purpose related to child care. This includes but is not limited to laundry rooms, kitchens, offices, staff break rooms, or storage rooms.

(35) "Program Coordinator" means the person responsible for coordinating overall management and operation of the center of one or multiple sites.

(36) "Program Leader" means the staff member who is designated by the Program Coordinator and meets the qualifications of a Program Leader who is responsible for the day-to-day operation of the program and supervision of children.

(37) "Restrictable Disease" means an illness or infection as identified by the Health Division that would prohibit the child from attending child care.

(38) "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.

(39) "School-Age Center" means a child care center that provides care only for school-age children eligible to be enrolled in kindergarten or above in the next school year, and which does not include night care as defined by these rules, in a nonresidential setting.

(40) "School-Age Child" means a child eligible to be enrolled in kindergarten or above on or before the first day of the current school year (also see ORS 329A.250(12)). This includes the months from the end of the prior school year to the start of the kindergarten school year.

(41) "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 or dislocated 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; or

(p) Near-drowning.

(42) "Serious Complaint" and "Serious Violation" means an allegation or finding of noncompliance in which:

(a) Children are in imminent danger;

(b) There are more children in care than allowed by licensed capacity;

(c) Disciplinary methods prohibited under OAR 414-310-0420 are being used;

(d) Children are not being supervised;

(e) Multiple or serious fire, health or safety hazards are present in the center;

(f) Extreme unsanitary conditions are present in the center;

(g) Adults are in the center who are not enrolled in the CBR; or

(h) center is providing child care without the appropriate certification.

(43) "Shelter-in-Place" means staff and children staying at the center due to an external threat such as a storm, chemical or gas leak or explosion, or other event that prohibits the occupants from safely leaving the building.

(44) "Staff" means an individual who is an employee, or a volunteer who is in the center for more than a single activity.

(45) "Supervision" means the act of caring for a child or group of children. This includes awareness of and responsibility for the ongoing activity of each child. It requires physical presence, knowledge of children's needs, and accountability for their care and well-being. Supervision also requires that caregivers be near and have ready access to children in order to intervene when needed.

(46) "Technical Assistance" means consultation and advice given to providers to assist them in maintaining compliance.

(47) "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 qualified child care provider or staff with supervisory authority.

(48) "Visitor" means someone who is at the program for a single event, including but not limited to: a repair person, privately contracted professional working with an individual child, or librarian visiting the program. Visitors are not potential employees and are not counted in ratio.

(49) "Volunteer" includes any person who provides labor or services to a child care center but is not compensated with employment pay or benefits. A volunteer must never have unsupervised access to a child unless the volunteer is the child's parent or if the volunteer is enrolled in the Central Background Registry.

Or. Admin. R. 414-310-0100

ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022; ELD 7-2022, adopt filed 07/01/2022, effective 7/1/2022; DELC 140-2023, amend filed 12/06/2023, effective 1/1/2024; DELC 66-2024, minor correction filed 05/06/2024, effective 5/6/2024

Statutory/Other Authority: ORS 329A.280

Statutes/Other Implemented: ORS 329A.280