Or. Admin. Code § 414-360-1610

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

Section 414-360-1610 - [Effective 7/1/2025] Sanctions-Suspension, Denial, and Revocation

(1) CCLD may immediately, and without prior notice, suspend a provider's 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 wellbeing. Such action may be taken before an investigation is completed.

(2) If a provider's certification has been suspended, the provider must:

(a) Immediately notify, verbally or in writing, all parents of the suspension;

(b) Immediately provide CCLD with all names, work and home telephone numbers and addresses of the parent(s) or legal guardian(s) for each child; and

(c) Post the suspension on the main entry door where it can be viewed by parents and others for the duration of the suspension.

(3) 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.

(4) If a provider does not request a hearing and the conditions which resulted in suspension have not been corrected, the provider's certification shall be revoked.

(5) Certification may be denied or revoked if a certified family child care home:

(a) Fails to meet requirements or correct deficiencies;

(b) Fails to correct conditions which resulted in suspension;

(c) Fails to provide CCLD with information requested;

(d) Refuses to allow an inspection or allows an inspection only after CCLD has obtained a warrant;

(e) Is operated or maintained in a manner which is harmful to the health, safety or wellbeing of children in care;

(f) Employs caregivers or has residents in the home who are not enrolled in the CBR or whose CBR enrollment is suspended;

(g) Is operated by a provider who is currently suspended or has been removed from or is otherwise not enrolled in the CBR;

(h) Is owned by an individual who has denied or suspended enrollment in the CBR unless the provider establishes that the owner will not be on the premises while children are in care or have access to child care children;

(i) Knowingly provides inaccurate information to CCLD or causes staff to do so;

(j) Is subject to denial or revocation for cause as provided by OAR 414-075-0010(17)(b)(A)-(F) or 414-075-0130(8)(a) and (c); or

(k) Interferes with the good faith disclosure of information by staff or a volunteer concerning the abuse or mistreatment of a child in the certified family child care violations of certification requirements, criminal activity at the home, violations of state or federal law or any practice that threatens the health and safety of child care children, or otherwise engages in conduct prohibited by ORS 329A.348.

(6) If a provider's certification has been denied or revoked, the provider 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.

(7) A provider may appeal any decision to suspend, deny or revoke the certification, subject to the provisions of chapter 183, Oregon Revised Statutes.

(8) CCLD may report any action to deny, suspend, or revoke a provider's certification to the Department of Human Services, USDA Child Care Food Programs, or Child Care Resource and Referral System.

(9) If a provider's certification has been denied or revoked for cause, the provider is not eligible to reapply for a certified family child care certification for 5 years after the date of CCLD's final order denying or revoking the certification for cause.

(10) 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 of such person to own or operate a certified family child care may be denied or suspended or revoked until the charge, arrest, or warrant has been resolved if the person continues to own, operate, be employed in or reside in the child care home, or have access to children in the home.

(11) A provider's certification may be denied, suspended or revoked if an individual has child abuse or neglect history or an open child protective services, child abuse or neglect, or law enforcement case that would make the individual ineligible for enrollment in the CBR.

Or. Admin. Code § 414-360-1610

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

Statutory/Other Authority: ORS 329A.260, ORS 329A.992

Statutes/Other Implemented: ORS 329A.280, ORS 329A.992