Or. Admin. Code § 414-360-0320

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

Section 414-360-0320 - [Effective 7/1/2025] Duties and Qualifications of the Provider

(1) A provider is responsible for:

(a) Maintaining compliance with all certified family child care home rules and all conditions placed on the certificate;

(b) Managing administrative functions, including, but not limited to: maintaining records; financial management; budgeting; maintenance of buildings and grounds; meal planning and preparation; and transportation, if provided;

(c) Supervision of children in care; and

(d) Supervision of assistants, volunteers and other caregivers.

(2) A provider must be on site and actively engaged in the care of the child care children, at least half of the weekly operating hours or 40 hours per week, whichever is less.

(3) If the facility is certified for more than 12 children, the provider must be on site and actively engaged in the care of the child care children, at least 2/3 of the weekly operating hours or 40 hours per week, whichever is less.

(4) The provider's on-site hours shall be calculated on a weekly basis, except for planned leave, such as vacations, and emergency absences.

(5) The provider or a substitute provider must be in the child care home or activity areas during all hours of operation.

(6) A provider must:

(a) Be at least 18 years of age if the facility is certified for 12 children; or

(b) Be at least 21 years of age if the facility is certified for more than 12 children;

(c) Meet the initial (see OAR 414-360-0370(1)) and annual training requirements (see OAR 414-360-0380);

(d) Have attained one of the following:

(A) At least 1,500 hours of experience in at least three-hour blocks, within a 36-month period, with a group of children in an on-going group setting. Such a setting includes a kindergarten, preschool, child care center, certified or registered family child care home, Head Start program, or equivalent.

(i) Experience must be documented.

(ii) Time spent in a college practicum or practice teaching is considered qualifying teaching experience.

(iii) The following does not constitute qualifying experience: leader of a scout troop; Sunday school teacher; and coaching.

(iv) If the provider's qualifying teaching experience is based on registered family child care, the maximum capacity of the home will be limited to 12. Prior to applying to be certified for up to 16 children, the provider must complete 1,500 hours of operation as a certified family child care facility with a capacity of 12 or fewer children.

(B) Completion of 20 credits (semester system) or 30 credits (quarter system) of training in a college or university in early childhood education or child development; or

(C) Documentation of attaining at least step 6 in the Oregon Registry.

(7) Prior to the provider providing care to more than two children under 24 months of age, the provider must have at least 30 clock hours of training specific to infant and toddler care.

(8) Prior to the provider providing care to more than four children under 24 months of age:

(a) The provider must have an additional 20 clock hours of training specific to infant and toddler care. This is in addition to the 30 clock hours specified in OAR 414-360-0320(7); and

(b) At least one caregiver other than the provider must meet the requirements specified in OAR 414-360-0320(7).

(c) If the facility is certified to care for more than 12 children, there must be a caregiver who meets the training requirements of OAR 414-360-0320(7) on site at all times that five or more children under 24 months of age are in care.

(9) A provider must have no other employment, paid or unpaid, either in or out of the home, during the hours the provider is actively engaged in the care of the child care children.

(10) A caregiver substituting for the provider must:

(a) Meet assistant II qualifications (OAR 414-360-0340(3));

(b) Be familiar with the certification requirements;

(c) Have access to all records required for certification;

(d) Be familiar with the duties of the provider and any other caregivers or volunteers;

(e) Be familiar with and able to be responsive to the needs of children in care including individual children's allergies, plans of care, and any specific needs;

(f) Be authorized and able to correct deficiencies; and

(g) Have on file documentation of a review of the requirements in this section (OAR 414-360-0320(10)).

(11) Substitutes available through the Child Care Substitutes of Oregon (CCSO) may substitute as the provider, assistant II or assistant I without prior experience working at the certified family child care. An orientation (see OAR 414-360-0370(3)(a)) must be completed prior to the individual serving as a substitute at the certified family child care.

Or. Admin. Code § 414-360-0320

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

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280