Or. Admin. R. 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 the 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.
(3) "Capacity" means the total number of children allowed in the certified family child care home at any one time, based on the available square footage, the ages of the children to be served and the total number of staff.
(4) "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.
(5) "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 414-061-0000 through 414-061-0120.
(a) "CBR Enrollment" means approval for a 5 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 a 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.
(6) "Certificate" means the document that is issued by CCLD to a certified family child care home pursuant to ORS 329A.280.
(7) "Certified Family Child Care Home" or "Home" means: a child care facility located in a building constructed as a single family dwelling that has a certificate to care for a maximum of 16 children at any one time.
(8) "Child Care" means the care, supervision, and guidance on a regular basis of a child, unaccompanied by a parent, guardian, or custodian, during a part of the 24 hours of the day, with or without compensation. Child care does not include the care provided:
(a) In the home of the child;
(b) By the child's parent or guardian, or person acting in loco parentis;
(c) By a person related to the child by blood or marriage within the fourth degree as determined by civil law;
(d) On an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care;
(e) By providers of medical services; or
(f) By a person who is a member of the child's extended family, as determined by CCLD on a case-by-case basis.
(9) "Child Care Child" means any child six weeks of age or older and under 13 years of age, or a child with special needs under the age of 18 who requires a level of care over and above the norm for his/her age, and for whom the provider has supervisory responsibility in the temporary absence of the parent.
(10) "Child with Special Needs" means a child under the age of 18 who requires a level of care over and above the norm for his/her age due to a physical, developmental, behavioral, mental or medical disability.
(11) "Child Care Facility" means any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before and after school care, or child development center, except those excluded under ORS 329A.250. This term applies to the total child care operation. It includes the physical setting, equipment, staff, provider, program, and care of children.
(12) "CCLD" means Child Care Licensing Division, Department of Early Learning and Care.
(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) "Enrollment" means all children registered to attend the certified family child care home.
(16) "Guidance and Discipline" means the on-going process of helping children develop self control and assume responsibility for their own acts.
(17) "Infant" means a child who is at least 6 weeks of age up to 12 months of age.
(18) "Night Care" means care given to children who sleep at the home for all or part of the night.
(19) "Nonserious violation" means CCLD has made a valid finding when assessing a complaint alleging a violation not listed in OAR 414-350-0010(34).
(20) "Occasional" means infrequently or sporadically, including but not limited to care that is provided during summer or other holiday breaks when children are not attending school, but not to exceed 70 calendar days in a year.
(21) "Operator" means the person responsible for the overall operation of the home and who has the authority to perform the duties necessary to meet certification requirements. In a certified family child care home, the operator is the provider.
(22) "Oregon Registry" means Pathways for Professional Recognition in Childhood Care and Education is a voluntary, statewide program to document and recognize the professional achievements of people who work in the childhood care and education profession.
(23) "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.
(24) "Parent" means parent(s), custodian(s), or guardian(s) exercising physical care and legal custody of the child.
(25) "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.
(26) "Preschool Age Child" means a child 36 months of age to eligible to attend kindergarten or above in public school.
(27) "Program" means all activities and care provided for the children during their hours of attendance at the certified family child care home.
(28) "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. In a certified family child care home, the provider is the operator.
(29) "Qualifying Teaching Experience" means 1,500 hours, gained 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. Qualifying teaching experience must be documented. Time spent in a college practicum or practice teaching is considered qualifying teaching experience. The following does not constitute qualifying teaching experience: leader of a scout troop; Sunday school teacher; and coaching.
(30) "Sanitizing" means using a bactericidal treatment that provides enough heat or concentration of chemicals for enough time to reduce the bacterial count, including disease-producing organisms, to a safe level on utensils, equipment, and toys.
(31) "School-Age Child" means a child eligible to attend kindergarten or above in public school. This includes the months from the end of the prior school year to the start of the kindergarten school year.
(32) "Serious complaint" means a complaint filed against a certified child care home by a person who has alleged that:
(a) Children are in imminent danger;
(b) There are more children in care than allowed by certified capacity;
(c) Corporal punishment is being used;
(d) Children are not being supervised;
(e) Multiple or serious fire, health or safety hazards are present in the home;
(f) Extreme unsanitary conditions are present in the home; or
(g) Adults are in the home who are not enrolled in the Central Background Registry.
(33) "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;
(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 Epi-Pen;
(n) Severe bleeding or stitches;
(o) Shock or confused state;
(p) Near-drowning.
(34) "Serious Violation" means CCLD has made a valid finding when assessing a complaint that alleges:
(a) Children are in imminent danger;
(b) There are more children in care than allowed by law;
(c) Corporal punishment is being used;
(d) Children are not being supervised;
(e) Multiple or serious fire, health or safety hazards are present in the home;
(f) Extreme unsanitary conditions are present in the home; or
(g) Adults are in the home who are not enrolled in the Child Care Licensing Division's Central Background Registry
(35) "Substitute Caregiver" means a person who acts as the children's primary caregiver in the certified family child care home in the temporary absence of the provider.
(36) "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 a caregiver to be within sight and/or sound of the children, knowledge of children's needs, and accountability for children's care and well-being. Supervision also requires that staff be near and have ready access to children in order to intervene when needed.
(37) "Toddler" means a child who is able to walk alone but is under 36 months of age. "Younger toddler" means a child who is able to walk alone but is under 24 months of age; "older toddler" means a child who is at least 24 months of age but under 36 months of age.
(38) "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 child care provider or staff with supervisory authority.
(39) "Useable Exit" means an unobstructed door or window through which caregivers and children can evacuate the home in case of a fire or emergency. Doors must be able to be opened from the inside without a key, and window openings must be at least 20 inches wide and 22 inches in height, with a net clear opening of 5 square feet and a sill no more than 48 inches above the floor.

Notes

Or. Admin. R. 414-350-0010
CSD 12-1988, f. 6-29-88, cert. ef. 7-1-88; CSD 2-1989, f. & cert. ef. 1-25-89; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 412-010-0705; CCD 1-1995, f. 10-30-95, cert. ef. 11-1-95; CCD 5-1999(Temp), f. 10-21-99, cert. ef. 10-23-99 thru 1-1-00; CCD 10-1999, f. 12-29-99, cert. ef. 1-1-00; CCD 3-2002, f. 10-14-02, cert. ef. 10-15-02; CCD 6-2003, f. 12-23-03, cert. ef. 12-28-03; CCD 7-2003, f. 12-23-03, cert. ef. 12-28-03; CCD 3-2004, f. 7-30-04 cert. ef 8-1-04; CCD 6-2005(Temp), f. 12-29-05, cert. ef. 1-1-06 thru 6-29-06; CCD 3-2006, f. & cert. ef. 6-13-06; CCD 1-2007(Temp), f. & cert. ef. 3-20-07 thru 9-16-07; CCD 2-2007, f. & cert. ef. 7-13-07; CCD 4-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 4-2010, f. 6-29-10, cert. ef. 7-1-10; CCD 9-2010, f. 12-29-10, cert. ef. 1-1-11; ELD 8-2014(Temp), f. & cert. ef. 8-7-14 thru 2-3-15; Reverted to CCD 9-2010, f. 12-29-10, cert. ef. 1-1-11; ELD 10-2018, amend filed 10/16/2018, effective 10/16/2018; ELD 24-2018, minor correction filed 11/13/2018, effective 11/13/2018; ELD 32-2018, minor correction filed 11/28/2018, effective 11/28/2018; ELD 2-2021, amend filed 05/12/2021, effective 5/12/2021; DELC 138-2023, amend filed 12/06/2023, effective 1/1/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.275

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