Or. Admin. Code § 414-075-0010 - [Effective 7/1/2025] Definitions
The following words and terms, when used in OAR 414-075-0000 through 414-075-0300, have the following meanings:
(1) "Certified Family Child
Care Home" or "CF" means a child care facility operated in a building designed
as a single family home or other dwelling that is certified to care for no more
than 16 children at any one time.
(2) "CCLD" means the Child Care Licensing
Division in the Department of Early Learning and Care.
(3) "Central Background Registry" or "CBR"
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
414-0610120.
(4) "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 that is
greater than that of their same aged peers, for whom a licensed or subsidized
child care facility, or a facility for which a license is required, or a
license-exempt child care facility as defined in this rule, has supervisory
responsibility in the temporary absence of the parent.
(5) "Child Care Facility" means any facility
that provides child care to children, including a certified child care center,
certified school-aged child care center, certified outdoor nature-based child
care program, certified family child care home, and registered family child
care home. It may include those known under a descriptive name, such as nursery
school, preschool, kindergarten, child play school, before and after school
care, or child development center, and does not include license-exempt child
care or exempt care, as defined in this rule. This term applies to the total
child care operation. It includes the physical setting, equipment, staff,
provider, program, and care of children. It does not include a license-exempt
child care facility as defined in this rule.
(6) "Child Abuse or Neglect" means as defined
as "abuse" in ORS 419B.005 including but not
limited to physical abuse, emotional abuse, sexual abuse, negligent treatment
or maltreatment, and threat of subjecting a child to a substantial risk of harm
to the child's health or welfare.
(7) "Child Protective Services" or "CPS"
means the program as defined in OAR
413-015-0115.
(8) "Civil Penalty" means a fine imposed by
CCLD for violation of one or more applicable rules or statutes.
(9) "Complaint" means written or verbal
information received from any source that a facility is providing or has
provided care in a manner potentially in violation of a state law or
administrative rule within the authority of CCLD.
(10) "Employee" means an individual engaged
to work full or part time in a facility. This includes all caregivers and any
individual who functions other than as a caregiver for children.
(11) "Exempt Care" is care provided by a
caregiver that is within an exception to the definition of "child care" in ORS
329A.250(b)(A) through
(H) or as otherwise provided by rule (see OAR
414-075-0250(17)(c))
and is not described in ORS
329A.250(4)(a)(A) or
(B).
(12) "Exempt Care Facility" means a facility
that provides only exempt care as defined in this rule.
(13) "Exempt Prohibited Individual" means an
individual who is by law prohibited to provide child care or exempt care,
except to children related to the individual by blood or marriage within the
fourth degree of sanguinity as determined by civil law, as defined in ORS
329A.252(1)(a) through
(e) and described in OAR
414-075-0230. An exempt
prohibited individual is ineligible for enrollment in the Central Background
Registry except for limited enrollment as described in
414-061-0020(27)(b).
(14) "Facility" means an individual, group of
individuals, or entity that is caring for or is alleged to be providing care
for any child younger than 13 years or younger than 18 years with special needs
who requires a level of care that is greater than that of their same-aged peers
for whom the individual, group of individuals, or entity has responsibility in
the temporary absence of the parent, legal guardian or custodian.
(15) "Family" for purposes of determining if
children are from the same family or if a child is in care by a member of the
child's extended family as referred to in OAR
414-075-0250 means a group of
individuals related by blood, marriage or adoption, or individuals whose
functional relationships, such as residing together, are similar to those found
in such associations.
(16)
"Finding" means a written determination by CCLD staff with respect to
information received, a complaint, or an observed noncompliance with a
requirement in ORS 329A.030 or ORS
329A.250 through
329A.500 or rules adopted by the
Early Learning Council pursuant to ORS
329A.030 or ORS
329A.250 through
329A.500.
(17) "For Cause" means that the reason for a
denial or nonrenewal of a license or enrollment in the CBR or the revocation of
a license or removal from the CBR was based on a determination that:
(a) With respect to a CBR application or
enrollment, an individual was found not suitable after a review of history,
including but not limited to criminal, child abuse and neglect, negative foster
care certification, or negative adult protective services history, and of
information related to the history; or
(b) With respect to a license, the licensee
failed or fails to meet licensing requirements and is or has operated in a
manner which is harmful to the health and safety or wellbeing to children. For
purposes of this rule, "harmful" means posing a risk of or actually causing
physical, emotional, or mental damage to child care children, and includes but
is not limited to any violation of:
(A) A
requirement designed to protect children from physical hazards;
(B) Applicable guidance and discipline rules
involving inappropriate punishment;
(C) A requirement to exclude from the
facility a person who has demonstrated behavior that may have a detrimental
effect on children;
(D) A
requirement to report suspected child abuse or neglect;
(E) A requirement involving safe sleep for
infants; or
(F) Applicable
supervision rules resulting in:
(i) A child
escaping the facility;
(ii) A child
being left behind from or on a field trip without supervision; or
(iii) A child being injured when the injury
could have been prevented with proper supervision.
(18) "Investigation"
means the collection and review of information received by CCLD of prompted by
an allegation of a rule or statute violation including but not limited to a
cross-report of a child abuse and neglect received by law enforcement or the
ODHS, or other information received by CCLD. An investigation includes but is
not limited to a tandem investigation as defined in this rule and includes any
activities as listed in ORS
329A.390(7) or
OAR 414-0750230.
(19) "Licensed"
means the state of having an active registration or certification issued by
CCLD.
(20) "License" means an
authorization from CCLD to operate a registered family child care home, a
certified family child care home, a certified child care center, certified
school-age child care center, or a certified outdoor nature-based child care
program.
(21) "Licensee" means an
individual to whom a registration or certification has been issued by
CCLD.
(22) "License-Exempt Child
Care" means child care that is not required to be licensed because it is
provided as described in ORS
329A.250(5)(a) through
(h).
(23) "License-Exempt Child Care Facility"
means a facility that provides only license-exempt child care as defined in
this rule.
(24) "Noncompliance"
means being in violation of a requirement contained in statute or rule for the
applicable type of facility.
(25)
"Observed Noncompliance" means a noncompliance observed by CCLD staff including
information observed in a facility's records.
(26) "Occasional care" means care that is
provided for no more than 70 days in any calendar year for the purpose of the
supervision and guidance by a person, sponsor, or organization not ordinarily
engaged in providing child care for children, as defined in this rule, for not
more than 70 days, or for enrichment activities that coincide with the
non-school days in the Oregon public school system.
(27) "ODHS" means the Oregon Department of
Human Services.
(28) "Ordinarily
engaged in providing care" means that the facility has been issued a current
child care certification or registration, is a license-exempt child care
facility as defined in this rule or represents or advertises to the public as
available to provide care for children on an ongoing basis.
(29) "OTIS" means the Office of Training,
Investigations and Safety in ODHS.
(30) "Parent" means a parent, custodian, or
guardian exercising physical care and having legal custody of the
child.
(31) "Person" means an
individual human being, an entity to whom CCLD has issued a record or a license
to operate a certified child care center or certified school-aged child care
center, or an individual or entity operating a licenseexempt child care
facility.
(32) "Premises" means the
physical location used or alleged to be used by a facility to provide care
subject to regulation or investigation by CCLD, including all indoor and
outdoor areas not directly used for child care.
(33) "Provider" means an individual in whose
name a license or approval to receive payment for subsidized care is
issued.
(34) "Recorded Program"
means a facility to whom CCLD has issued a record to operate a preschool or
school-aged recorded program.
(35)
"Registered Family Child Care Home" or "RF" or "Registered Facility" means the
residence of a provider to whom CCLD has issued a license to operate a facility
in the family living quarters pursuant to these rules and OAR 414-2050000 to
414-205-0170.
(36) "Regular operating hours" means the days
and hours of operation as requested by a child care facility and approved by
CCLD, except:
(a) A registered family child
care facility that has not requested and obtained approval by CCLD of regular
operating hours:
(A) Providing night care is
considered to have operating hours of 24 hours per day, seven days a week, if
providing night care.
(B) Not
providing night care is considered to have operating hours of 5:00 am to
9:00pm, Monday through Friday.
(b) Regular operating hours also include any
time that a child enrolled in or regularly attending a certified or registered
facility is present at the facility including before or after the approved
operating hours, unless:
(A) The child
resides in the facility; or
(B) The
child is present at a registered or certified family child care home for a
social event as described in OAR
414-075-0250(16)(b).
(37) "Sensitive Allegations" means
allegations that in the judgment of CCLD staff should not be discussed in the
hearing of child care children who are present and old enough to understand a
conversation that would necessarily include discussion of sexual activity or
sex abuse or any individual's personal medical information or medical or
disability diagnoses.
(38) "Staff"
means, as applicable:
(a) For a facility, the
provider and any other individuals employed in the facility regardless of
compensation, including a volunteer who is in the facility for more than a
single activity; or
(b) For CCLD,
any individual employed by the agency or authorized to act on behalf of the
agency, including but not limited to investigators, licensing specialists,
managers, or other employees.
(39) "Subsidized Care" means the care,
supervision and guidance on a regular basis of a child, unaccompanied by a
parent, guardian or custodian, provided during a part of the 24 hours of a day,
paid for in whole or in part by public funds administered by the Department of
Early Learning and Care.
(40)
"Subsidized Care Facility" means any facility that provides subsidized care to
children, including a day nursery, nursery school, child care center,
certified, registered or exempt family child care home or similar unit
operating under any name including certified outdoor nature-based child care
programs, for which payment for child care is made by the Department of Early
Learning and Care.
(41)
"Superseding Finding" means a finding in a findings letter that replaces a
finding included in a previously issued letter.
(42) "Tandem Investigation" means an
investigation conducted by CCLD jointly with representatives from partner
agencies, including but not limited to ODHS and its divisions or
units.
(43) "Unlawful Care" means
care provided by a person or entity who is not licensed or recorded when a
license or record is required pursuant to ORS
329A.255, ORS
329A.280 or ORS
329A.330, and as described in
OAR 414-075-0230.
(44) "Unlicensed" means the status of
providing care without an active license issued by CCLD including while
providing license-exempt child care or exempt care.
Notes
Statutory/Other Authority: ORS 183.459, ORS 329A.260, ORS 329A.350 & ORS 329A.360
Statutes/Other Implemented: ORS 183.459, ORS 329A.260, ORS 329A.350 & ORS 329A.360
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