Or. Admin. Code § 414-360-0310

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

Section 414-360-0310 - [Effective 7/1/2025] Central Background Registry Enrollment

(1) The provider must be enrolled in CCLD's CBR prior to the issuance of a certification. All caregivers and other residents of the child care home 18 years of age and older must be enrolled or conditionally enrolled in CCLD's CBR prior to the issuance of an initial or renewal certificate.

(2) Residents of the child care home who are under 18 years of age must be enrolled or conditionally enrolled in the CBR by their 18th birthday.

(3) If the owner is not the provider, the owner must be enrolled in the CBR to be on the premises or present with children off-site during child care hours.

(4) The provider must receive confirmation from CCLD that an individual 18 years of age or over, is enrolled or conditionally enrolled in the CBR before the individual can:

(a) Reside in the child care home;

(b) Stay overnight on the premises for longer than 14 consecutive days, not to exceed a total of 30 days in a calendar year, unless not required to enroll in the CBR as provided in subsection (5) of this rule;

(c) Work in the home; or

(d) Volunteer in the home, as required in OAR 414-360-0360.

(5) Individuals 18 years of age and older that reside on the premises in living spaces other than the child care home (including, but not limited to, Accessory Dwelling Units (ADUs) or other Alternative Housing units, tiny homes, recreational vehicles (RVs), trailers, garage apartments, etc.) are not required to enroll in the CBR if all of the following conditions are met:

(a) Those residing in or visiting the living space are not known by the provider to be suspended or to have been denied or removed for cause from the CBR;

(b) The living space can be accessed without entering the child care home;

(c) Those residing in or visiting the living space have no opportunity for access to child care children without the permission of the provider and presence of a caregiver employed in the child care home. For the purposes of this rule, an individual has opportunity for access to child care children if they are able to be close enough to touch or have a conversation with a child care child inside or outside the home.

(d) Child care is never conducted in the living space and child care children do not have access to the living space; and

(e) The living space offers basic necessities such as running water, a bathroom, and cooking appliances, without having to enter the child care home during operating hours or when child care children are present.

(6) The provider, caregivers, and other individuals that are required to be enrolled in the CBR must maintain current enrollment in the CBR at all times while the certified family child care license is active.

(7) Individuals with conditional enrollment in the CBR shall not have unsupervised access to children.

(8) Any visitor to the child care home or other adult who is not enrolled in the CBR shall not have unsupervised access to children.

(9) A provider must have safeguards in place to prevent a visitor's unsupervised access to children, including a sign-in and sign-out process that captures:

(a) The individual's name and relationship to the certified family child care (e.g. volunteer, vendor, guest, etc.); and

(b) Arrival and departure times.

(10) A provider must ensure that individuals whose CBR enrollment has been revoked, denied, or suspended, are not on the premises during operating hours or when child care children are present; have contact with children in care; or live on the premises of the child care home (including, but not limited to ADUs or other Alternative Housing units, tiny homes, RVs, trailers, garage apartments, etc.).

(11) If additional information is needed to assess a person's ability to care for children or to have access to children, CCLD may require references, an evaluation by a physician, counselor, or other qualified person, or other information.

Or. Admin. Code § 414-360-0310

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

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280, ORS 329A.030