RULES FOR CERTIFIED FAMILY CHILD CARE HOMES

RULES FOR CERTIFIED FAMILY CHILD CARE HOMES

Oregon Employment Department Child Care Division

503-947-1400 ? 1-800-556-6616

CRT-130 01/01/11

WorkSource Oregon Employment Department ? Child Care Division ?

Introduction

There is a large body of knowledge, including new brain research, about the importance of early childhood. We know that the foundation of a child's health and character is established during the early years of life. If children do not have opportunities early in life for normal development of their minds, bodies, and relationships with others, it becomes increasingly difficult to make it up to them later. There is no second chance at childhood, and the future of this state depends on the healthy physical, mental, and emotional growth and development of today's children.

It was with this in mind that the state of Oregon enacted statutes and administrative rules that govern the operation of child care facilities in the state. Oregon Administrative Rules (OAR) 414350-0000 through 414-350-0405 are the minimum requirements for certified family child care home licenses. The purpose of these rules is to protect the health, safety and well-being of children when cared for in certified family child care homes in the state.

The Child Care Division, with the assistance of certified family child care home providers, the Center for Career Development in Childhood Care and Education, the Oregon Family Child Care Network, the Department of Human Services (Health Division), the USDA Food Program (Department of Education), the Commission on Children and Families, the Commission for Child Care, and several other state agencies developed these administrative rules. They reflect the conviction that, regardless of the setting, children have common needs for and deserve a safe and healthy environment, adequate facilities and equipment, a defined program of activities, and competent caregivers.

Questions regarding these rules can be directed to:

Oregon Employment Department Child Care Division

503-947-1400 ? 1-800-556-6616

The Child Care Division of the Employment Department is an equal opportunity program. Auxiliary aids and services are available upon request to individuals with disabilities.

RULES FOR CERTIFIED FAMILY CHILD CARE HOMES

TABLE OF CONTENTS

INTRODUCTION GENERAL PROVISIONS

Page

414-350-0000 Applicability of Rules .................................................................. 1 414-350-0010 Definitions................................................................................... 2

CERTIFICATION

414-350-0020 Application for a Child Care Certificate....................................... 6 414-350-0030 Issuance of a Child Care Certificate ........................................... 8 414-350-0040 Exceptions to Rules.................................................................... 9

HOME MANAGEMENT

414-350-0050 General Requirements ............................................................. 10 414-350-0060 Enrollment ............................................................................... 12 414-350-0070 Arrival and Departure ............................................................... 13 414-350-0080 Records .................................................................................... 13

STAFF

414-350-0090 General Requirements ............................................................. 14 414-350-0100 The Provider............................................................................. 16 414-350-0110 Assistants ................................................................................. 17 414-350-0115 Training Requirements ............................................................. 18 414-350-0120 Caregiver/Child Ratio and Supervision..................................... 19

HOME AND YARD

414-350-0130 General Requirements ............................................................. 22 414-350-0140 Indoor Area............................................................................... 23 414-350-0150 Outdoor Area............................................................................ 24 414-350-0160 Sanitation ................................................................................ 24 414-350-0170 Home Safety............................................................................. 27

HEALTH

414-350-0180 Illness or Injury ......................................................................... 29 414-350-0190 Animals in the Certified Family Child Care Home..................... 31

FOOD SERVICE

414-350-0200 Food Selection, Storage, and Preparation ............................... 32 414-350-0210 Meals and Snacks .................................................................... 33

PROGRAM AND CARE OF CHILDREN

414-350-0220 General Requirements ............................................................. 36 414-350-0230 Equipment, Furniture, and Supplies ......................................... 38 414-350-0235 Infant and Toddler Furniture and Equipment ............................ 39 414-350-0240 Guidance and Discipline........................................................... 40 414-350-0250 Transportation ......................................................................... 40

SPECIAL PROGRAMS

414-350-0375 Night Care ................................................................................ 41 414-350-0380 Swimming Activities.................................................................. 43

SANCTIONS

414-350-0390 Denial and Revocation of Certification...................................... 47 414-350-0400 Suspension of Certification....................................................... 48 414-350-0405 Civil Penalty.............................................................................. 48

RULES FOR CERTIFIED FAMILY CHILD CARE HOMES

GENERAL PROVISIONS

414-350-0000

Applicability of Rules

(1) OAR 414-350-0000 through 414-350-0405 set forth the Child Care Division's requirements for the inspection and certification of certified family child care homes subject to Oregon laws governing child care facilities (ORS 657A.030, 657A.250 through 657A.310, 657A.350 through 657A.460, and 657A.990) that:

(a) Care for no more than 16 children; and

(b) Are located in a building constructed as a single-family dwelling

(c) Care for three or fewer children if that person's enrollment in the Central Background Registry has been denied or the person has been removed for cause, or suspended; or their child care facility certification or registration has been denied or revoked for cause, or suspended, or the person has voluntarily withdrawn their application or closed their registration or certification while under investigation by CCD; and

(d) Provide care that is primarily educational to children age 36 months or older but not attending kindergarten for four hours or less a day if that person's enrollment in the Central Background Registry has been denied or the person has been removed for cause, or suspended; or their child care facility certification or registration has been denied or revoked for cause, or suspended, or the person has voluntarily withdrawn their application or closed their registration or certification while under investigation by CCD; and

(e) That provide care on an occasional basis by a person not ordinarily engaged in providing child care if that person's enrollment in the Central Background Registry has been denied or the person has been removed for cause, or suspended; or their child care facility certification or registration has been denied or revoked for cause, or suspended, or the person has voluntarily withdrawn their application or closed their registration or certification while under investigation by CCD; and

(f) That provide care for children from only one family other than the person's own family if that person's enrollment in the Central Background Registry has been denied or the person has been removed for cause, or suspended; or their child care facility certification or registration has been denied or revoked for cause, or suspended, or the person has voluntarily withdrawn their application or closed their registration or certification while under investigation by CCD;

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(2) The following child care facilities are specifically excluded by law and are not required to comply with these rules:

(a) A registered family child care home;

(b) A facility that is primarily educational and provides care for less than four hours per day to children 36 months old or older but not yet attending kindergarten except as provided in 414-350-0000(1)(d);

(c) Care provided in the home of the child; or

(d) A facility that provides care on an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care except as provided in 414-350-0000(1)(e); or

(e) A facility that provides care for no more than three children other than the person's own children except as provided in 414-350-0000(1)(c);

(f) A facility that provides care for children from only one family other than the person's own family except as provided in 414-350-0000(1)(f).

(3) If any court of law finds that any clause, phrase, or provision of these rules is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portion of these rules.

(4) For purposes of these rules, the determination of compliance or noncompliance shall be made by CCD.

(5) Providers have a right to review any action or decision affecting them. The CCD grievance procedures are available upon request to all applicants for child care certification or operators of certified family child care homes.

(6) These rules apply only during the hours the provider is conducting the certified family child care business.

414-350-0010

Definitions

The following words and terms, when used in OAR 414-350-0000 through 414-350-0405, have the following meanings:

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

(2) "Attendance" means children actually present in the home at any given time.

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