Or. Admin. Code § 414-350-0000

Current through Register Vol. 63, No. 10, October 1, 2024

Section 414-350-0000 - Applicability of Rules

(1) OAR 414-350-0000 through 414-350-0405 set forth the Child Care Licensing Division's (CCLD) requirements for the inspection and certification of certified family child care homes subject to Oregon laws governing child care facilities (ORS 329A.030, 329A.250 through 329A.310, 329A.350 through 329A.460, and 329A.990) that:

(a) Care for no more than 16 children; and

(b) Are located in a building constructed as a single-family dwelling.

(2) Individuals who are not enrolled in the Central Background Registry because of removal, denial for cause, or voluntary surrender in lieu of legal action, may only care for their own children or children related within the fourth degree as determined by civil law, pursuant to ORS 329A.252.

(3) The following child care facilities are specifically excluded by law and are not required to comply with these rules:

(a) A registered family child care home;

(b) A facility providing care for preschool children that is primarily educational for four hours or less per day and where no preschool age child is present at the facility for more than four hours per day except as provided in 414-350-0000(2);

(c) Care provided in the home of the child; or

(d) A facility that provides care on an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care except as provided in 414-350-0000(2); or

(e) A facility that provides care for no more than three children other than the person's own children except as provided in 414-350-0000(2);

(f) A facility that provides care for children from only one family other than the person's own family except as provided in 414-350-0000(2).

(4) If any court of law finds that any clause, phrase, or provision of these rules is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portion of these rules.

(5) For purposes of these rules, the determination of compliance or noncompliance shall be made by CCLD.

(6) Providers have a right to review any action or decision affecting them. The CCLD grievance procedures are available upon request to all applicants for child care certification or operators of certified family child care homes.

(7) These rules apply only during the hours the provider is conducting the certified family child care business.

Or. Admin. Code § 414-350-0000

CSD 21-1988, f. & cert. ef. 9-29-88; CSD 10-1990, f. & cert. ef. 4-23-90; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 412-010-0700; CCD 1-1995, f. 10-30-95, cert. ef. 11-1-95; CCD 3-2002, f. 10-14-02, cert. ef. 10-15-02; CCD 6-2005(Temp), f. 12-29-05, cert. ef. 1-1-06 thru 6-29-06; CCD 3-2006, f. & cert. ef. 6-13-06; CCD 4-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 4-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 10-2018, amend filed 10/16/2018, effective 10/16/2018; DELC 138-2023, amend filed 12/06/2023, effective 1/1/2024

Statutory/Other Authority: ORS 329A

Statutes/Other Implemented: ORS 329A.260 & 329A.280