Or. Admin. Code § 414-350-0050

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

Section 414-350-0050 - General Requirements

(1) The following items shall be posted in the certified family child care home where they may be clearly viewed by parents:

(a) The most current certificate issued by CCLD;

(b) Notification of a communicable disease outbreak at the home;

(c) The evacuation plan and the location where parents may be reunited with their children in the event of an evacuation;

(d) A notice that the following items are available for parents to review:

(A) The guidance/discipline policy;

(B) The current week's menus, with substitutions recorded;

(C) The description of the general routine;

(D) Information on how to report a complaint to CCLD regarding certification requirements; and

(E) The most recent CCLD and sanitation inspection reports and, if applicable, fire life safety self-evaluation (or fire marshal inspection report if completed).

(e) The Department of Early Learning and Care 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.

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

(2) 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.

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

(4) The provider shall ensure that a copy of these administrative rules is available in the certified family child care home to all parents and staff.

(5) Caregivers shall report suspected child abuse or neglect immediately, as required by the Child Abuse Reporting Law (ORS 419B.005 through 419B.055) to the Department of Human Services Child Welfare (DHS) or to a law enforcement agency. By statute, this requirement applies 24 hours per day.

(6) The certified family child care home shall comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, civil rights laws, and the Americans with Disabilities Act (ADA).

(7) Representatives of all agencies involved in certification shall have immediate access to all parts of the home whenever the provider is conducting the child care business:

(a) CCLD staff shall have the right to inspect all areas of the facility that are accessible to child care children, and to conduct a health and safety review of other areas of the facility to ensure the health and safety of child care children. This includes access to all caregivers, records of children enrolled in the home, and all records and reports related to the child care operation regarding compliance with these rules; and

(b) Representatives of the Department of Human Services Child Welfare (DHS) and the State Fire Marshal have the right to enter and inspect the home when an inspection has been requested by CCLD.

(8) Custodial parents of all children enrolled shall have access to the home during the hours their child(ren) are in care.

(9) The provider shall develop the following information in writing and shall make it available to CCLD, to staff, and to parent(s) at the time of enrollment:

(a) Guidance and discipline policy;

(b) Information on transportation, when provided by the provider or other caregiver; and

(c) The plan for handling emergencies and/or evacuations, including, but not limited to, acute illness of a child or staff, natural disasters (e.g. fire, earthquake, etc.), man-caused events, such as violence at a child care facility, power outages, and situations which do not allow reentry to the home after evacuation.

(10) The provider shall comply with the Department of Human Services' administrative rules relating to:

(a) Immunization of children (OAR 333-050-0010 through 333-050-0140);

(b) Reporting communicable diseases (OAR 333-018-0000); and

(c) Child care restrictable diseases (OAR 333-019-0010).

(11) 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 414-350-0010(33) 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 the rules for Certified Family Child Care Homes within 48 hours of the occurrence.

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

(f) Any change in provider prior to being on site. Such notification must include the replacement person's qualifications for the position and documentation that the person is enrolled in the Central Background Registry. A phone call, followed by written documentation, an e-mail or a FAX will serve as notification.

(12) Documentation of meals and snacks provided by the certified family child care home shall be made available to CCLD upon request, if the home does not participate in the USDA Child and Adult Care Food Program. Documentation is limited to the three weeks prior to the request.

(13) The provider is responsible for compliance with these requirements (OAR 414-350-0000 through 414-350-0405).

(14) Facilities must have parent(s) or guardian(s) of each child enrolled in the certified 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.

(15) Parental request or permission to waive any of the rules for certified family child care homes does not give the provider permission to do so.

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

(17) The Child Care Licensing Division may notify parent(s) or guardian(s) of children under 12 months of age enrolled in the certified family child care home of any valid non-compliance with regulations for safe sleep included in OAR 414-350-0220(7).

Or. Admin. Code § 414-350-0050

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 412-010-0720; CSD 9-1994, f. & cert. ef. 5-23-94; 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 5-2006(Temp), f. & cert. ef. 8-25-06 thru 2-21-07; CCD 6-2006, f. & cert .ef. 12-1-06; CCD 2-2007, f. & cert. ef. 7-13-07; 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; CCD 9-2010, f. 12-29-10, cert. ef. 1-1-11; ELD 1-2015, f. & cert. ef. 2-3-15; ELD 4-2016(Temp), f. & cert. ef. 9-29-16 thru 3-27-17; ELD 4-2017, f. & cert. ef. 3-27-17; 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 42-2018, temporary amend filed 11/30/2018, effective 11/30/2018 through 05/28/2019; ELD 6-2019, amend filed 03/28/2019, effective 3/28/2019; ELD 1-2022, temporary amend filed 01/26/2022, effective 01/26/2022 through 05/26/2022; ELD 6-2022, amend filed 05/25/2022, effective 5/26/2022; DELC 138-2023, amend filed 12/06/2023, effective 1/1/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.290, ORS 329A.300, ORS 329A.390, ORS 329A.260, ORS 329A.280 & ORS 329A.400