Or. Admin. Code § 414-350-0390
Current through Register Vol. 63, No. 10, October 1, 2024
Section 414-350-0390 - Suspension, Denial and Revocation(1) Certification may be denied or revoked if a certified family child care home fails to meet requirements, provide CCLD with information requested, allow an inspection, correct deficiencies, or is operated or maintained in a manner which is harmful to the health, safety or well-being of children in care.(2) The provider has the right to appeal any decision to suspend, deny or revoke the certification, subject to the provisions of Chapter 183, Oregon Revised Statutes.(3) A provider whose certification has been denied for cause (e.g. health and safety concerns, criminal activity or child abuse and neglect involvement) or revoked shall not be eligible to reapply for 5 years after the effective date of the closure.(4) If necessary to protect children, CCLD may give public notice of denial, suspension or revocation action taken. The type of notice will depend on individual circumstances.(5) CCLD may immediately, and without prior notice, suspend the child care certification when, in the opinion of CCLD, such action is necessary to protect the children from physical or mental abuse or a substantial threat to health, safety or well-being. Such action may be taken before an investigation is completed.(6) A provider whose certification has been suspended must immediately notify, verbally or in writing, all parents of the suspension.(7) A provider whose certification has been suspended must post the suspension in the home where it can be viewed by parents and others for the duration of the suspension.(8) If the provider does not request a hearing and the conditions which resulted in suspension have not been corrected, the certification shall be revoked.(9) An owner whose certification has been suspended must immediately provide CCLD with all names, work and home telephone numbers and addresses of the parent(s) or legal guardian(s) for each child.(10) A certified family child care home whose certification has been denied or revoked must immediately notify all parents of the closure and shall post a notice of the closure where it can be viewed by parents and others. The notice shall remain posted for a minimum of 2 weeks.(11) Any action taken by CCLD to deny, suspend, or revoke certification may be reported to the Department of Human Services, USDA Child Care Food Programs, child care resource and referral system.(12) 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, certification may be denied or suspended or revoked 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.(13) Certification may be denied, suspended or revoked if an individual listed in OAR 414-350-0080(5) has a child abuse and neglect history or an open child abuse and neglect or law enforcement case that would disqualify the individual from the CBR.Or. Admin. Code § 414-350-0390
CCD 3-2002, f. 10-14-02, cert. ef. 10-15-02; CCD 4-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; Reverted to CCD 3-2002, f. 10-14-02, cert. ef. 10-15-02; ELD 10-2018, amend filed 10/16/2018, effective 10/16/2018; ELD 6-2020, amend filed 06/30/2020, effective 6/30/2020; DELC 138-2023, amend filed 12/06/2023, effective 1/1/2024Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260