Or. Admin. Code § 414-360-0100

Current through Register Vol. 64, No. 1, January 1, 2025

Section 414-360-0100 - [Effective 7/1/2025] Definitions

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

(1) "Activity Area" means the area of the home that is available, during all the hours of operation, for the children's activities. This area excludes but is not limited to food preparation areas of the kitchen, bathrooms, heating units, storage areas, furniture and stationary equipment not used by children.

(2) "Applicant" means an individual who submits the child care license application and in whose name the certificate will be issued.

(3) "Behavior and Guidance" means the ongoing process of helping children develop self-regulation and assume responsibility for their own behaviors and actions.

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

(5) "Capacity" means the total number of children allowed in care at the certified family child care or in care away from the home at any one time.

(6) "Caregiver" means any person, including the provider, who cares for the children in the certified family child care home and works directly with the children, providing care, supervision and guidance.

(7) "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 4140610000 through 4140610120.

(a) "CBR Enrollment" means approval for a five 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.

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

(9) "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.

(10) "Certified Family Child Care" or "Home" means a child care facility located in a building constructed as a single family dwelling or other dwelling that has a certificate to care for a maximum of 16 children at any one time. References in these rules to "certified family child care home" or "home" refer to the provider or any agent, including a substitute provider, operating under the certificate.

(11) "Child Care Child" means any child six weeks of age or older and under 13 years of age, or a child who is under the age of 18 with special needs or disabilities and who requires a level of care that is above normal for the child's age, for whom the provider has supervisory responsibility in the temporary absence of the parent.

(12) "Child with Specific Needs" means a child who requires specialized supports or other accommodations including some adaptation of the certified family child care'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) "Civil Penalty" means a fine imposed by CCLD on a provider for violation of these rules.

(14) "DELC" means the Department of Early Learning and Care.

(15) "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) Activities, materials, and curriculum reflect the interests and abilities of a specific child or group of children being served; and

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

(16) "Disinfect" means to destroy or inactivate all germs from an inanimate surface. Disinfecting involves cleaning and rinsing followed by applying a disinfectant, such as:

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

(b) An EPA-registered disinfectant, used according to the manufacturer's instructions including correct concentrations, contact time, drying or rinsing requirements, and suitability for the surface.

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

(18) "Field Trip" means an excursion or program activity with a specific destination away from the home that begins when caregivers and children leave the premises, whether by vehicle or by walking. It does not include neighborhood walks, routine school or home pick-up and drop-offs provided by the certified family child care.

(19) "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.

(20) "Hazard" means anything that may inflict injury or cause harm.

(21) "Inaccessible to children" means a method to prevent a child from reaching, entering, using, or getting to items, areas, or materials of a certified family child care by one or more of the following means:

(a) Secured with a child safety device, such as a child safety cupboard lock or doorknob device:

(A) A device specifically manufactured as a child safety product; or

(B) For a product not manufactured as a child safety product, the device must have a multi-step opening process, or require two hands to open.

(b) Locked, such as in a locked room, cupboard, or drawer; or locks that do not use a key or combination, such as a deadbolt or hook-and-eye latch, only if they are installed at least 60 inches high;

(c) Behind a properly secured child safety gate; or

(d) In a cupboard or on a shelf that is not within reach of any surface from where a child could stand or climb.

(22) "Infant" means a child who is 6 weeks to 12 months of age.

(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 certified family child care. A license may also be referred to as a certificate.

(25) "Licensing period" means the 12 months for which a certified family child care license is issued.

(a) For an initial license, the licensing period begins the day the temporary or regular license is issued and ends the same day the following year. For example, if a certified family child care is issued a license on July 6, 2024, the licensing period isJuly 6, 2024 through July 6, 2025.

(b) For a renewal license for which the provider submitted a timely renewal application, the licensing period begins the day the prior licensing period ended and ends the same day the following year, regardless of the date the renewal license is issued, unless the provider and CCLD agree to change the licensing period to begin on a different date.

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

(27) "Night Care" means care given between 9:00 p.m. and 5:00 a.m. or when any enrolled child sleeps for more than 3 hours at the certified family child care.

(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 who holds the certified family child care business as property and has a major financial stake in the operation of the home.

(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) Holding a child to move them safely from one area to another without the use of force (e.g. redirecting a toddler 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, bottle feeding, etc.); or

(d) Any prohibited discipline or action listed in OAR 414-360-0710.

(33) "Play yard" means a framed enclosure with mesh or fabric sides. A play yard is intended for sleeping and playing accommodations.

(34) "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.

(35) "Premises" means the physical location used by a certified family child care to provide care subject to regulation or investigation by CCLD, including all indoor and outdoor areas not directly used for child care if the provider, child care staff, or child care children have actual or potential access to the areas.

(36) "PreschoolAge Child" means a child who is at least 36 months of age but not yet eligible to be enrolled in kindergarten or above, before the first day of the current school year.

(37) "Provider" means the person in the certified family child care home who is responsible for the children in care, is the children's primary caregiver, and in whose name the certificate is issued. The provider is the person responsible for the overall operation of the home and who has the authority to perform the duties necessary to meet certification requirements.

(38) "Restrictable Disease" means an illness or infection as identified by the Public Health Division in OAR 333-0190010 that would prohibit the child from attending child care.

(39) "Sanitizing" means using a treatment that provides enough heat or concentration of chemicals for enough time to reduce the bacterial count, including diseaseproducing organisms, to a safe level on utensils, equipment, and toys.

(40) "Sanitizing" means using a treatment that provides enough heat or concentration of chemicals for enough time to reduce germs, to a safe level on utensils, equipment, toys, and other non-porous surfaces.

(a) An appropriate test kit or strips are required to measure the concentration of sanitizing solutions.

(b) Any sanitizer used on food contact surfaces or toys must be labeled as "safe for food contact surfaces."

(41) "SchoolAge 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.

(42) "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 bone or joint dislocation;

(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 EpiPen;

(n) Severe bleeding or stitches;

(o) Shock or confused state; or

(p) Neardrowning.

(43) "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 414-360-0710 are being used;

(d) Children are not being supervised;

(e) Multiple or serious fire, health or safety hazards are present in the certified family child care;

(f) Extreme unsanitary conditions are present in the certified family child care;

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

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

(44) "Shelter-in-Place" means caregivers and children staying at the home 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.

(45) "Substitute Provider" means a person who acts as the children's primary caregiver in the certified family child care in the temporary absence of the provider.

(46) "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 wellbeing. Supervision also requires that caregivers be near and have ready access to children in order to intervene when needed.

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

(48) "Toddler" means a child who is 12 months of age to 36 months of age.

(a) "Younger Toddler" means a child who is 12 months of age to 24 months of age.

(b) "Older Toddler" means a child who is 24 months of age to 36 months of age.

(49) "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 caregiver with supervisory authority.

(50) "Visitor" means someone who is at the home 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.

(51) "Volunteer" includes any person who provides labor or services to a certified family child care but is not compensated with employment pay or benefits.

Or. Admin. Code § 414-360-0100

DELC 138-2024, adopt filed 12/11/2024, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280