Or. Admin. Code § 414-360-0400 - [Effective 7/1/2025] Children in Care and Caregiver to Child Ratios

(1) The number of caregivers shall be determined by the number and ages of the children in attendance. The required caregiver-to-child ratios shall be met at all times. This includes:

(a) All child care children, as defined in OAR 414-360-0100(11);

(b) The provider's own child(ren), including foster child(ren), 9 years of age or younger;

(c) All other caregivers' own children age 12 years or younger;

(d) Any other children age 12 years or younger for whom the provider is responsible; and

(e) Any child(ren) age 17 years or younger, including the provider's own children, foster children, child care children, or other children for whom the provider is responsible, with special needs or disabilities who require a level of care that is above normal for the child's age.

(2) Other children, including but not limited to relatives, neighborhood children or friends of the provider's children, are included in the maximum number of children allowed in care if present in the child care home during operating hours on a regular basis or if present on an occasional basis without being directly supervised by the child's parent or other adult who is not also caring for child care children.

(3) No child younger than 6 weeks of age can be in care in a certified family child care home. This does not include the provider's child(ren).

(4) The number of caregivers is determined by the age and number of the youngest child(ren) in the group. The caregiver to child ratio requirements identified in Table A of this rule must be met at all times.

(5) If all children in care are school-age, the caregiver-to-child ratio is 1:15.

(6) Even though caregiver-to-child ratios are specified in Table A above, a certified family child care may care for 10 children ages 6 weeks to school-age if:

(a) No more than 6 children are preschool age or younger, including the provider's own children and any caregivers' children;

(b) Of the 6, only 2 children are under 24 months of age; and

(c) Four of the children are school-age.

(7) If infants are in care and sharing the same activity area as older children, a provider must have a written plan that addresses how caregivers will ensure safety of infants who are not yet crawling. The plan must be implemented when infants that are not yet crawling share the same activity area as older children.

Notes

Or. Admin. Code § 414-360-0400

DELC 138-2024, adopt filed 12/11/2024, effective 7/1/2025

To view attachments referenced in rule text, click here to view image.

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280