Or. Admin. Code § 414-205-0010 - [Repealed effective 7/1/2025] Definitions
(1) "Caregiver" means any person,
including the provider, who cares for the children in the registered family
child care home and works directly with the children, providing care,
supervision and guidance.
(2)
"Central Background Registry" (CBR) means OCC'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 OCC of the results of the required FBI records
check.
(3) "Child Care"
means the care, supervision and guidance on a regular basis of a child,
unaccompanied by a parent, legal guardian or custodian, during a part of the 24
hours of the day, with or without compensation.
(4) "Child Care Child" means a child at least
six weeks of age and under 13 years of age, or a child under 18 years of age
with special needs. The child does not reside in the home and the provider has
supervisory responsibility for the child in the temporary absence of the
parent.
(5) "CCLD" means the Child
Care Licensing Division, Department of Early Learning and Care.
(6) "Child with Special Needs" means a child
under 18 years of age who requires a level of care over and above the norm for
their age due to a physical, developmental, behavioral, mental or medical
disability.
(7) "Civil Penalty"
means a fine imposed by CCLD on a provider for violation on these
rules.
(8) "Communicable Disease"
means an illness caused by an infectious agent or its toxins.
(9) "DELC" means the Department of Early
Learning and Care.
(10)
"Disinfecting" means using a process for destroying or irreversibly
inactivating harmful organisms, including bacteria, viruses, germs and
fungi.
(11) "Family" means a group
of individuals related by blood, marriage or adoption, or individuals whose
functional relationships are similar to those found in such
associations.
(12) "Infant" means a
child who is at least six weeks of age up to 12 months of age.
(13) "Kindergarten-Age Child" means a child
eligible to attend kindergarten in a public school. A kindergarten-age child is
considered a school-age child.
(14)
"New Application" means a registration application that has been filed by an
applicant who has never had an active registration.
(15) "Night Care" means care given to a child
who sleeps at the family child care home for all or part of the
night.
(16) "Occasional" means
infrequently or intermittently, 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.
(17) "Oregon Registry" means the voluntary
registry at the Oregon Center for Career Development in Childhood Care and
Education at Portland State University that documents the training and
education of individuals who work in childhood care and education.
(18) "Outbreak of Communicable Disease" means
two cases from separate households associated with a suspected common
source.
(19) "Premises" means the
structure that is identified on the application, including indoors and outdoors
and space not directly used for child care.
(20) "Preschool-Age Child" means a child who
is 36 months of age up to eligible to attend kindergarten in a public
school.
(21) "Provider" means a
resident of the registered family child care home who is responsible for the
children in care; is the children's primary caregiver; and the person whose
name is on the certificate of registration.
(22) "Registered Family Child Care Home"
means the residence of the provider, who has a current Family Child Care
Registration at that address and who provides care in the family living
quarters.
(23) "Registration" means
the document a family child care provider is issued by CCLD to operate a family
child care home where care is provided in the family living quarters of the
provider's home pursuant to ORS
329A.330 and OAR
414-205-0000 through
414-205-0170. Registration is
limited to one provider at one address.
(24) "Renewal Application" means a
registration application that has been filed by a currently registered family
child care provider who wishes to continue registration.
(25) "Reopen Application" means a
registration application that has been filed by an applicant whose registration
is expired or closed, including those closures resulting from an address
change.
(26) "Restrictable Disease"
means an illness or infection that would prohibit the child from attending
child care.
(27) "Sanitizing" means
using a 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.
(28) "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.
(29) "Serious
Complaint" means a complaint filed against:
(a) A registered family child care provider
by a person who alleges that:
(A) Children are
in imminent danger;
(B) There are
more children in care than allowed by law;
(C) Provider is engaging in behavior
prohibited under OAR 414-205-0085(6);
(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 CCLD's CBR; or
(b) An individual providing child care, as
defined by ORS 329A.250(4),
who is not a registered family child care provider by a person who has alleged
that there are more children in care than allowed by law.
(30) "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.
(31)
"Serious Violation" means CCLD has made a valid finding when assessing a
serious complaint that alleges:
(a) Children
are in imminent danger;
(b) There
are more children in care than allowed by law;
(c) Provider is engaging in behavior
prohibited under OAR 414-205-0085(6);
(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 CCLD's CBR; or
(h) An individual is providing child care as
defined by ORS 329A.250(4)
without registering with the Child Care Licensing Division of the Department of
Early Learning and Care.
(32) "Substitute Provider" means a person who
acts as the children's primary caregiver in the registered family child care
home in the temporary absence of the provider.
(33) "Toddler" means a child who is at least
12 months of age but is not preschool-age.
(a)
"Younger Toddler" means a child who is at least 12 months of age but is under
24 months of age.
(b) "Older
toddler" means a child who is at least 24 months of age but is not yet
preschool-age.
(34)
"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.
(35) "Useable Exit"
means an unobstructed door or window through which the provider and the
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.
(a) For homes built before July 1, 2010,
window openings must be at least 20 inches wide and at least 22 inches in
height, with a net clear opening of five square feet (at least 720 square
inches) and a sill no more than 48 inches above the floor.
(b) For homes built after July 1, 2010,
window openings must be at least 20 inches wide and at least 24 inches in
height, with a net clear opening of five square feet (at least 720 square
inches) and a sill no more than 44 inches above the floor.
Notes
Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
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