Or. Admin. Code § 414-310-0100 - Definitions
The following words and terms within these rules have the following meanings:
(1) "Activity
Area" means the area of the center that is available, during all the hours of
operation, for the children's activities. This area excludes but is not limited
to kitchens, hallways, toilet rooms, lockers, offices, storage areas, staff
room, furnace room, and the part of rooms occupied by stationary equipment and
fixtures not used by children.
(2)
"Applicant" means a person, business entity, or governing body who submits the
child care license application and in whose name the certificate will be
issued.
(3) "Assistant Program
Leader" means staff who support Program Leaders in caring for children but who
must be directly supervised.
(4)
"Attendance" means children present in the care of the center at any given
time.
(5) "Behavior and Guidance"
means the on-going process of helping children develop self-control and assume
responsibility for their own behaviors and actions.
(6) "Business Day" means Monday through
Friday, but does not include any holidays as defined by ORS
187.010 and ORS
189.020, or any day that the
central office of CCLD is closed.
(7) "Capacity" means the total number of
children in care at the school-age center or in care away from the center at
any one time.
(8) "Caregiver" means
any person in the center, who works directly with the children, providing care,
supervision, and guidance.
(9)
"CBR" (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 an
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.
(10) "CCLD" means
Child Care Licensing Division in the Department of Early Learning and Care
(DELC).
(11) "Child Care" means the
care, supervision, and guidance on a regular basis of a child, unaccompanied by
a parent, guardian, or custodial parent, during a part of the 24 hours of the
day, with or without compensation.
(12) "Child with Specific Needs" means a
child who requires specialized supports or other accommodations including some
adaptation of the center's standard program of care, activities or equipment to
accommodate a physical, developmental, behavioral, mental or medical condition
or disability which is either permanent or temporary.
(13) "Children Related within the Fourth
Degree" includes the child's grandparent, great-grandparent, sibling, aunt,
uncle, brothers, sisters, nephews, nieces, great-nephews, great-nieces, and
first cousins.
(14) "Civil Penalty"
means a fine imposed by CCLD on a facility for violation of these
rules.
(15) "Comparable Group Care
Program" means a program which has the following elements:
(a) Staff are supervised by knowledgeable
professionals;
(b) Training of
staff is provided or required annually;
(c) Group size is similar to a certified
child care facility; and
(d)
Curriculum is developmentally appropriate.
(16) "Contracted Services" means activities
(e.g., tumbling, music, soccer classes) provided on the premises by an
organization or program other than the center.
(17) "Developmentally Appropriate" means:
(a) Caregivers interact with each child in a
way that respects the child's unique abilities;
(b) Caregivers have knowledge about how
children grow and learn;
(c)
Acitivites, materials, and curriculum reflect the interests and abilities of a
specific child or group of children; and
(d) Equipment is appropriately sized or
adapted so that each child can participate fully and safely.
(18) "Disinfect" means to
eliminate virtually all germs from an inanimate surface by the process of
cleaning and rinsing, followed by:
(a) A
chlorine bleach and water solution following the manufacturer's instructions;
or
(b) Other disinfectant products
registered with the EPA, if used strictly according to the manufacturer's label
instructions including, but not limited to, quantity, time the product must be
left in place, adequate time to allow the product to dry or rinsing if
applicable, and appropriateness for use on the surface to be disinfected. Any
disinfectant used on food contact surfaces or toys must be labeled "safe for
food."
(19) "Family"
means a group of individuals related by blood, marriage or adoption, or
individuals whose functional relationships are like those found in such
associations.
(20) "Field Trip"
means an excursion or program activity with a specific destination away from
the center that begins when staff and children leave the center's property,
whether by vehicle or by walking. It does not include neighborhood walks,
routine school or home pick-up and drop-offs provided by the center.
(21) "Fire Code Official" means a Fire
Inspector II, Fire Marshal, Deputy State Fire Marshal or designated person
defined by ORS 476.030, ORS
476.060 and OAR
837-039-0016.
(22) "Hazards" means anything that may
inflict injury or cause harm.
(23)
"Infestation" means the invasion of insects and worms that causes a disease to
the host. These insects can be mites, ticks, fleas or lice. Worms can be
roundworms, pinworms, flatworms or other helminths.
(24) "License" means the document that is
issued by CCLD to a school-age center. A license may also be referred to as a
certificate.
(25) "Lockdown" means
restricted to an interior room with few or no windows while the facility or
building is secured from a threat.
(26) "Night Care" means care given between 9
p.m. and 5 a.m. or when any enrolled child sleeps for more than three hours at
the center.
(27) "Operator" means
the person, group, corporation, partnership, governing body, association, or
other public or private organization legally responsible for the overall
operation of the center and who has the authority to perform the duties
necessary to meet certification requirements. If the operator is other than the
owner, an individual must be appointed as the operator by the owner.
(28) "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, education
and experience of individuals who work in childhood care and
education.
(29) "Oregon Registry
Online" (ORO) means the statewide database that stores all submitted training
and education to be verified for use by CCLD.
(30) "Owner" means the person, group,
corporation, partnership, governing body, association, or other public or
private organization legally responsible for the overall operation of the
center and who has the authority to perform the duties necessary to meet
certification requirements.
(31)
"Parent" means a child's parent, a guardian, or a person 18 years of age or
older with supervisory responsibility of the child in the absence of the
child's parent.
(32) "Physical
Restraint" means purposely limiting or obstructing the freedom of a person's
bodily movement. Physical restraint does not include:
(a) Holding a child to comfort the child when
in distress;
(b) Guiding a child to
move them safely from one area to another without the use of force (e.g.
redirecting a child to another activity);
(c) Assisting a child to complete a task, if
the child does not resist the physical contact (helping a child to tie their
shoe, or hold a pencil or tool); or
(d) Any prohibited discipline or action
listed in OAR 414-310-0420.
(33) "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.
(34) "Premises" means the physical space and
building, or portions of a physical space or building, used by a center,
including all areas indoor or outdoor, directly accessible to the child care
children and center staff, and all areas not generally accessible if used for
any purpose related to child care. This includes but is not limited to laundry
rooms, kitchens, offices, staff break rooms, or storage rooms.
(35) "Program Coordinator" means the person
responsible for coordinating overall management and operation of the center of
one or multiple sites.
(36)
"Program Leader" means the staff member who is designated by the Program
Coordinator and meets the qualifications of a Program Leader who is responsible
for the day-to-day operation of the program and supervision of
children.
(37) "Restrictable
Disease" means an illness or infection as identified by the Health Division
that would prohibit the child from attending child care.
(38) "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.
(39) "School-Age Center" means a child care
center that provides care only for school-age children eligible to be enrolled
in kindergarten or above in the next school year, and which does not include
night care as defined by these rules, in a nonresidential setting.
(40) "School-Age Child" means a child
eligible to be enrolled in kindergarten or above on or before the first day of
the current school year (also see ORS
329A.250(12)).
This includes the months from the end of the prior school year to the start of
the kindergarten school year.
(41)
"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 or dislocated 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; or
(p) Near-drowning.
(42) "Serious Complaint" and "Serious
Violation" means an allegation or finding of noncompliance in which:
(a) Children are in imminent
danger;
(b) There are more children
in care than allowed by licensed capacity;
(c) Disciplinary methods prohibited under OAR
414-310-0420 are being
used;
(d) Children are not being
supervised;
(e) Multiple or serious
fire, health or safety hazards are present in the center;
(f) Extreme unsanitary conditions are present
in the center;
(g) Adults are in
the center who are not enrolled in the CBR; or
(h) center is providing child care without
the appropriate certification.
(43) "Shelter-in-Place" means staff and
children staying at the center due to an external threat such as a storm,
chemical or gas leak or explosion, or other event that prohibits the occupants
from safely leaving the building.
(44) "Staff" means an individual who is an
employee, or a volunteer who is in the center for more than a single
activity.
(45) "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 physical
presence, knowledge of children's needs, and accountability for their care and
well-being. Supervision also requires that caregivers be near and have ready
access to children in order to intervene when needed.
(46) "Technical Assistance" means
consultation and advice given to providers to assist them in maintaining
compliance.
(47) "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 qualified child care provider or staff with supervisory
authority.
(48) "Visitor" means
someone who is at the program for a single event, including but not limited to:
a repair person, privately contracted professional working with an individual
child, or librarian visiting the program. Visitors are not potential employees
and are not counted in ratio.
(49)
"Volunteer" includes any person who provides labor or services to a child care
center but is not compensated with employment pay or benefits. A volunteer must
never have unsupervised access to a child unless the volunteer is the child's
parent or if the volunteer is enrolled in the Central Background
Registry.
Notes
Statutory/Other Authority: ORS 329A.280
Statutes/Other Implemented: ORS 329A.280
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