Or. Admin. Code § 414-320-0100 - [Effective 7/1/2025] Definitions

(1) "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.

(2) "Behavior and Guidance" means the ongoing process of helping children develop self-regulation and assume responsibility for their own behaviors and actions.

(3) "Benefit-risk assessment" means, for purposes of outdoor nature-based programs, a process used to identify and document hazards and risky play elements associated with childhood outdoor play and making plans to mitigate the risk of injury to children while maintaining developmental benefits for children. This process includes identifying the types of risk present in a location or activity, the likelihood and severity of potential injury, the potential benefits to children, methods of mitigating hazards, e.g., elimination, substitution, isolation, safeguards, and managing risk, e.g., heightened supervision, scaffolding, intervention, and identifying who is responsible for implementing the appropriate methods and when.

(4) "Biological needs" means, for purposes of outdoor nature-based programming, DELC approved toileting and handwashing activities for children and program staff.

(5) "Body of water" or "bodies of water" is a natural area or human-made area or device that contains or holds a depth of more than four inches of water. Examples include swimming pools, ditches, canals, ponds, water retentions, excavations, quarries, streams, rivers, lakes, and ocean waters.

(6) "Business Day" means Monday through Friday, but does not include any holiday as defined by ORS 187.010 and ORS 189.020, or any day that the central office of DELC is closed.

(7) "Campfire" means an outdoor recreational fire that is used for cooking, personal warmth, lighting, or ceremonial or esthetic purposes. For the purposes of this chapter, "campfire" does not include a fire within any building, mobile home, motor vehicle, or recreational vehicle.

(8) "Campfire activities" means ONB program activities in which enrolled children have access to a campfire that may pose a risk of burns to children.

(9) "Capacity" means the total number of children in care at the certified ONB program or in care away from the ONB program at any one time.

(10) "Caregiver" means any person in an ONB program, who works directly with the children, providing care, supervision, and guidance.

(11) "CBR" (Central Background Registry) means DELC'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 4140610000 through 4140610120.

(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.

(12) "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.

(13) "Child Care Child," for the purpose of certified ONB programs, means any child 36 months of age or older and under 13 years of age, or a child who is under the age of 18 with special needs or disabilities and who requires a level of care that is above normal for the child's age, for whom the certified ONB program has supervisory responsibility in the temporary absence of the parent.

(14) "Child with Specific Needs" means a child who requires specialized supports or other accommodations including some adaptation of the certified ONB program'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.

(15) "Civil Penalty" means a fine imposed by DELC on a facility for violation of these rules.

(16) "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 ONB program; and

(d) Curriculum is developmentally appropriate.

(17) "Curriculum philosophy" means a written statement of principles developed by an ONB program to form the basis of the learning ONB program activities, including age appropriate developmental learning objectives for children.

(18) "DELC" means the Department of Early Learning and Care.

(19) "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) Activities, materials, and curriculum reflect the interests and abilities of a specific child or group of children being served; and

(d) Equipment is appropriately sized or adapted so that each child can participate fully and safely.

(20) "Director" means the individual serving as the on-site manager with the primary responsibility for the day-to-day operation, supervision, and administration of a child care ONB program as identified pursuant to OAR 414-320-0260(2)(e) and who meets the qualifications of director as provided in OAR 414-320-0320.

(21) "Disinfect" means to destroy or inactivate all germs from an inanimate surface. Disinfecting involves cleaning and rinsing followed by applying a disinfectant, such as:

(a) A chlorine and water solution following the manufacturer's instructions; or

(b) An EPA-registered disinfectant, used according to the manufacturer's instructions including correct concentrations, contact time, drying or rinsing requirements, and suitability for the surface.

(22) "Family" means a group of individuals related by blood, marriage or adoption, or individuals whose functional relationships are like those found in such associations.

(23) "Field Trip" means an excursion or program activity with a specific destination away from the ONB program premises that begins when staff and children leave the ONB program's licensed premises, whether by vehicle or by walking. It does not include routine school or home pick-up and drop-offs provided by the ONB program.

(24) "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.

(25) "Hazard" means anything that may inflict injury or cause harm.

(26) "Inaccessible to children" means a method to prevent a child from reaching, entering, using, or getting to items, areas, or materials of an ONB program by one or more of the following means:

(a) Secured with a child safety device, such as a child safety cupboard lock or doorknob device:

(A) A device specifically manufactured as a child safety product; or

(B) For a product not manufactured as a child safety product, the device must have a multi-step opening process, or require two hands to open.

(b) Locked, such as in a locked room, cupboard, or drawer; or locks that do not use a key or combination, such as a deadbolt or hook-and-eye latch, only if they are installed at least 60 inches high;

(c) Behind a properly secured child safety gate;

(d) In a cupboard or on a shelf that is not within reach of any surface from where a child could stand or climb; or

(e) An alternate method approved by DELC.

(27) "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.

(28) "License" means the document that is issued by DELC to a certified ONB program. A license may also be referred to as a certificate. The holder of a license is a "licensee."

(29) "Licensing period" means the 12 months for which a certified ONB child care license is issued.

(a) For an initial license, the licensing period begins the day the temporary or regular license is issued and ends the same day the following year. For example, if a certified ONB program child care is issued a license on July 6, 2024, the licensing period is July 6, 2024 through July 6, 2025.

(b) For a renewal license for which the provider submitted a timely renewal application, the licensing period begins the day the prior licensing period ended and ends the same day the following year, regardless of the date the renewal license is issued, unless the provider and DELC agree to change the licensing period to begin on a different date.

(30) "Lockdown" means restricted to an interior room with few or no windows while the facility or building is secured from a threat or other DELC approved lockdown plan.

(31) "Natural Space" means an outdoor area that is natural, semi-natural, or planted and includes plants, animals, and other features and products of the earth.

(32) "Operator" means the person, group, corporation, partnership, governing body, association, or other public or private organization legally responsible for the overall operation of the ONB program 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.

(33) "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.

(34) "Oregon Registry Online" (ORO) means the statewide database that stores all submitted training and education to be verified for use by CCLD

(35) "Outdoor classroom" means a central location on the ONB program's licensed premises that serves as the primary place for children's daily activities.

(36) "Outdoor nature-based (ONB) child care," "outdoor nature-based (ONB) program," "certified ONB program," or "ONB program" means a child care program certified under and subject to these rules that:

(a) Enrolls preschool through school-age children;

(b) Provides child care to children in a primarily outdoor natural space approved by the DELC. The program may have non-regular or emergency use of indoor space approved by the DELC; and

(c) Utilizes a philosophy where nature is central to children's learning and development, as demonstrated by curriculum requirements outlined in OAR 414-320-0525(4).

(37) "Outdoor nature-based tools" include, but are not limited to, peelers, whittling knives, small hammers, hand drills, pliers, child-sized saws, wrenches, screwdrivers, rope, or other sharp objects.

(38) "Owner" means the person, group, corporation, partnership, governing body, association, or other public or private organization legally responsible for the overall operation of the ONB program and who has the authority to perform the duties necessary to meet certification requirements.

(39) "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.

(40) "Physical barrier" or "barrier" means a non-climbable fence or wall that has no openings greater than two inches. Any gate or opening must have a locking mechanism, a self-closing or self-latching device, and a device used to open the locks which is inaccessible to children but readily available to staff

(41) "Physical boundary" or "boundary" means a way of marking the limits of an area consisting of, but not limited to, fences, barriers, ropes, large boulders or logs, or visual aids such as cones, tape, or ribbons.

(42) "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) Holding a child to move them safely from one area to another without the use of force (e.g. redirecting a preschoolage 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, etc.); or

(d) Any prohibited discipline or action listed in OAR 414-320-0710, Prohibited Discipline and Actions.

(43) "Potentially Dangerous Wildlife" means any animal that could cause injury or death to people or other animals. This could include animals that are part of a species or breed that is known to be dangerous, or animals that have exhibited dangerous behavior.

(44) "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.

(45) "Premises" means the physical space and building, or portions of a physical space or building, used by an ONB program, including all areas indoor or outdoor, directly accessible to the child care children and ONB program staff, and all areas not generally accessible if used for any purpose related to child care.

(46) "PreschoolAge Child" means a child who is at least 36 months of age but not yet eligible to be enrolled in kindergarten or above, before the first day of the current school year.

(47) "Regular Teaching Duties" means routinely scheduled, ongoing teaching responsibilities either on a part or full-time basis. Serving as a substitute teacher on an infrequent basis does not count as regular teaching duties.

(48) "Restrictable Disease" means an illness or infection as identified by the Oregon Health Authority Public Health Division in OAR 333-019-0010 that would prohibit the child from attending child care.

(49) "Risk," with regard to "risky play", means a situation that a child can recognize and evaluate challenges to decide on a course of action, although there may be a potential for injury.

(50) "Risk management policy" means a written policy or plan to mitigate children's risk of injury associated with risky play or learning activities.

(51) "Risky play" means physical activity and play that is challenging and involves a risk of physical injury. Risky play for ONB programs includes, but is not limited to, play involving heights, speed, tools, close proximity to dangerous elements, such as falling into something potentially hazardous, and risk of getting lost.

(52) "Sanitizing" means using a treatment that provides enough heat or concentration of chemicals for enough time to reduce germs, to a safe level on utensils, equipment, toys, and other non-porous surfaces. An appropriate test kit or strips are required to measure the concentration of sanitizing solutions. Any sanitizer used on food contact surfaces or toys must be labeled as "safe for food contact surfaces."

(53) "SchoolAge 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.

(54) "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 414-320-0710, Prohibited Discipline and Actions, are being used;

(d) Children are not being supervised;

(e) Multiple or serious fire, health or safety hazards are present in the ONB program;

(f) Extreme unsanitary conditions are present in the ONB program;

(g) Adults are in the ONB program who are not enrolled in the CBR; or

(h) An ONB program is providing child care without the appropriate certification.

(55) "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 or joint dislocation;

(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 EpiPen;

(n) Severe bleeding or stitches;

(o) Shock or confused state; or

(p) Neardrowning.

(56) "Shelter-in-Place" means staff and children staying at the ONB program 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.

(57) "Staff" means an individual who is an employee, or a volunteer who is in the ONB program for more than a single activity.

(58) "Substitute Director" means the person in charge of the ONB program during the hours of operation when the director is not on site.

(59) "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 wellbeing. Supervision also requires that caregivers be near and have ready access to children in order to intervene when needed.

(60) "Teacher" means a caregiver who plans and implements daily activities for a designated group of children and who meets the qualifications of teacher pursuant to OAR 4143200340.

(61) "Technical Assistance" means consultation and advice given to program staff to assist them in maintaining compliance.

(62) "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.

(63) "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.

(64) "Volunteer" includes any person who provides labor or services to a certified ONB program 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.

(65) "Water activities" means ONB program activities in which child care children swim or play in a body of water that poses a risk of drowning for children. Water activities do not include using sensory tables, or playing in temporary puddles, standing near, but not entering water, or laying on the stomach where hands are the only body part accessing water.

Notes

Or. Admin. Code § 414-320-0100

DELC 2-2025, adopt filed 03/26/2025, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280