OAR Chapter 414 — Department of Early Learning and Care

Division 2 PROCEDURAL RULES

Or. Admin. R. 414-002-0000 Definitions

The following definitions apply to OAR 414-002-0001 unless otherwise indicated:

(1) “Department” or “DELC” refers to the Department of Early Learning and Care and the operating sub-units of the Department of Early Learning and Care.

(2) “Person” includes any natural person, corporation, partnership, firm, or association.

(3) “Photocopy(ing)” includes a photograph, microphotograph and any other reproduction on paper or film in any scale, or the process of reproducing, in the form of a photocopy, a public record.

(4) “Public record” includes any writing that contains information relating to the conduct of the public’s business that is prepared, owned, used or retained by the Department regardless of physical form or characteristics.

(5) “Requestor” refers to a person requesting inspection, copies, or other reproduction of a public record of the Department.

(6) “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. It includes information stored on computer tape, microfiche, photographs, films, tape or videotape or that is maintained in a machine readable or electronic form.

History

Statutory/Other Authority: ORS 192.311 to 192.478
Statutes/Other Implemented: ORS 192.311 to 192.478
DELC 133-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-002-0001 Fees for Inspection or Copies of Public Records and Department Publications; Other Services

(1) The Department may charge a fee reasonably calculated to reimburse the Department for the cost of making public records available:

(a) Costs include but are not limited to:

(A) The services and supplies used in making the records available;

(B) The time spent locating the requested records, reviewing the records, and redacting, or separating material exempt from disclosure;

(D) Copying records;

(E) Certifying copies of records;

(F) Summarizing, compiling, or organizing the public records to meet the person’s request;

(G) Searching for and reviewing records even if the records subsequently are determined to be exempt from disclosure;

(H) Postal and freight charges for shipping the copies of the public records, sent first class or bulk rate based on weight, or other reasonable rates charged by the selected freight carrier;

(I) Indirect costs or third-party charges associated with copying and preparing the public records; and

(J) Costs associated with electronic retrieval of records.

(b) A fee will not be charged for the cost of time spent by an attorney in determining the application of the provisions of ORS 192.410 to 192.505;

(c) Staff time will be calculated based on the level of skill or expertise required to complete the work performed in accordance with the Department of Administrative Services Statewide Policy regarding Public Records Requests Fees and Charges;

(d) The cost for publications will be based on the actual costs of development, printing and distribution, as determined by the Department;

(e) The cost for a public records request requiring the Department to access the State's mainframe computer system, may include but not be limited to costs for computer usage time, data transfer costs, disk workspace costs, programming, and fixed portion costs for printing and/or tape drive usage.

(2) No additional fee will be charged for providing records or documents in an alternative format when required by the Americans with Disabilities Act (ADA).

(3) The Department will notify requestors of the estimated fees for making the public records available for inspection or for providing copies to the requestor. The Department will provide written notice of the estimated fees and will not act further to respond to the request until the requestor notifies the Department, in writing, to proceed with making the records available:

(a) The Department may require that all or a portion of the estimated fees be paid before the Department will proceed with making the record available;

(b) The Department may require that actual costs of making the record available be paid before the record is made available for inspection or copies provided;

(c) A requestor’s payment of estimated fees shall not be construed as payment of the actual costs of making the record available. If the actual costs of making the record available exceed the estimated fees paid by the requestor, then the Department may require that the total of the actual costs, minus the amount paid, of making the record available be paid before the record is made available for inspection or copies provided;

(d) If the Department becomes aware that the estimated fees quoted to the requestor will be less than the actual fees owed at time of production, the Department will notify the requestor as soon as possible with an updated fee estimate and wait for the requestor to respond in writing whether they wish to proceed or modify their request based on the new estimate.

(4) The Department may reduce or waive fees when a determination is made that the waiver or reduction of fees is in the public interest because making the records available primarily benefits the general public. Factors that may be taken into account in making such a determination include, but are not limited to:

(a) the requester’s identity;

(b) the purpose for which the requester intends to use the information;

(d) The request is narrowly tailored to a matter of public interest;

(e) whether the requester can demonstrate the ability to disseminate the information to the public;

(f) The overall time needed and expense to be incurred by the Department to fulfill the request;

(g) The volume of records requested is reasonable and not unduly burdensome to process;

(h) The request requires the Department to segregate exempt from nonexempt materials;

(i) The fees are otherwise avoidable, including the requestor’s ability to utilize ordinary tools of discovery as part of pending administrative, judicial, or arbitration proceedings; or

(j) The ability of the requester to pay the fee.

(5) All requests for waiver or reduction of fees must be made in writing to the Department. If the Department subsequently denies the written request for a waiver or reduction of fees, the requestor may petition the Attorney General for a review of the denial pursuant to the provisions of ORS 192.324(6).

History

Statutory/Other Authority: ORS 192.329
Statutes/Other Implemented: ORS 192.311 to 192.478
DELC 133-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-002-0005 Notice of Proposed Rule

(1) Before permanently adopting, amending or repealing any rule, the Early Learning Council shall give notice of the proposed adoption, amendment or repeal:

(a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted;

(b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the Council's mailing list established pursuant to ORS 183.335(8);

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule; and,

(d) By mailing or e-mailing a copy of the notice to persons, organizations and publications identified by the Council and established educational, student and parent organizations that have submitted mailing or e-mailing addresses to the Council.

(2) Persons who wish to be placed on the Council's mailing or e-mailing list may request in writing or by e-mail that the Council send to the person copies of its notice of proposed rulemaking.

(3) The Council may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Council sends the request, the Council will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

History

Statutory/Other Authority: ORS 183.335 & 183.341(4)
Statutes/Other Implemented: ORS 183.335
ELD 1-2014, f. & cert. ef. 1-15-14
ELD 3-2013(Temp), f. & cert. ef. 9-9-13 thru 3-5-14
ELD 2-2013(Temp), f. & cert. ef. 8-16-13 thru 2-12-14

Or. Admin. R. 414-002-0010 Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Early Learning Council adopts the Attorney General's Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Oregon Education Investment Council.]

History

Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.34
ELD 1-2014, f. & cert. ef. 1-15-14
ELD 3-2013(Temp), f. & cert. ef. 9-9-13 thru 3-5-14
ELD 2-2013(Temp), f. & cert. ef. 8-16-13 thru 2-12-14

Or. Admin. R. 414-002-0015 Mediation Confidentiality Model Rule

Pursuant to ORS 36.224 and OAR 137-005-0050, the Department adopts by reference OAR 137-005-0052 Mediation Confidentiality as promulgated by the Attorney General effective as of November 13, 2018.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.224
ELD 8-2023, adopt filed 05/30/2023, effective 07/01/2023

Division 50 GENERAL AND INTERNAL RULES

Or. Admin. R. 414-050-0000 Hearings and Rulemaking Procedures

The Attorney General's Model Rules of Procedure effective December 9, 2003 shall be applicable to rulemaking functions and to all contested case hearings of the Child Care Licensing Division of the Department of Early Learning and Care.

History

Statutory/Other Authority: ORS 326.430 & ORS 329A.020
Statutes/Other Implemented: ORS 326.430
DELC 53-2023, minor correction filed 11/15/2023, effective 11/15/2023
CCD 3-2004, f. 7-30-04 cert. ef. 8-1-04
CCD 2-2001, f. 5-17-01, cert. ef. 5-20-01
CCD 1-1999, f. & cert. ef. 5-26-99
CCD 1-1996, f. & cert. ef. 3-19-96
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 412-010-0601
CSD 17-1993, f. & cert. ef. 12-17-93

Or. Admin. R. 414-050-0005 Rules Procedure

Prior to the adoption, amendment, or repeal of any permanent rule, the Department shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.

(2) By mailing, e-mailing or faxing a copy of the notice to persons on the applicable Department mailing list established pursuant to ORS 183.335(7) at least twenty-eight (28) days prior to the effective date.

(3) By mailing, e-mailing or faxing a copy of the notice to the legislators specified in ORS 183.335(15) of this section at least 49 days before the effective date.

(4) By mailing a copy of the notice to the:

(a) Associated Press;

(b) United Press International;

(d) A newspaper of statewide circulation.

History

Statutory/Other Authority: ORS 326.430
Statutes/Other Implemented: ORS 326.430 & ORS 183.355
DELC 54-2023, minor correction filed 11/15/2023, effective 11/15/2023
CCD 3-2004, f. 7-30-04 cert. ef. 8-1-04
CCD 3-1994, f. & cert. ef. 8-2-94

Or. Admin. R. 414-050-0010 Social Security Numbers

(1) The Department will not issue or renew a registration, certification or enrollment unless an applicant provides their social security number on the application or renewal form. The applicant need not provide the social security number on the application for renewal, if the applicant's social security number has previously been provided to the Department and is in the record.

(2) If an applicant has not been issued a social security number by the United States Social Security Administration, the Department will accept a written statement from the applicant to fulfill the requirements of section (1). The applicant may submit the written statement on the “Department Statement of No Social Security Number” form. Any written statement submitted must:

(a) Be signed by the applicant;

(b) Attest to the fact that no social security number has been issued to the applicant by the United States Social Security Administration; and

(c) Acknowledge that knowingly supplying false information under this section is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6250.

(3) Any written statement submitted to the Department under section (2) of this rule or the identity of any person making such a statement will not be released by the Department to any person or entity.

History

Statutory/Other Authority: ORS 657.610, 42 U.S.C. 666 & ORS 326.430
Statutes/Other Implemented: ORS 25.785
DELC 55-2023, minor correction filed 11/15/2023, effective 11/15/2023
CCD 2-2004, f. 3-26-04, cert ef. 3-28-04
CCD 5-2003(Temp), f. 12-23-03, cert. ef. 12-28-03 thru 6-25-04

Division 55 RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT

Or. Admin. R. 414-055-0000 Definitions

(1) “Commission or Council” means those official bodies identified in ORS 326.425.

(2) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year:

(a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or

(b) Of less than $100,000, as reported on a joint income tax return.

History

Statutory/Other Authority: ORS 292.495 & ORS 326.425
Statutes/Other Implemented: ORS 292.495 & ORS 326.425
DELC 56-2023, minor correction filed 11/15/2023, effective 11/15/2023
ELD 5-2022, adopt filed 03/30/2022, effective 03/30/2022
ELD 7-2021, temporary adopt filed 10/27/2021, effective 10/27/2021 through 04/24/2022

Or. Admin. R. 414-055-0005 Per Diem Compensation

(1) Subject to the availability of funds in the budget of the Commission or Council, and except as otherwise provided by law, the Department shall pay any member of a Commission or Council, other than a member who is employed in full-time public service, compensation for each day or portion thereof during which the member is actually engaged in the performance of official Commission or Council duties.

(2) The rate of compensation per day pursuant to ORS 292.495(5) is equal to the per diem paid to members of the Legislative Assembly under ORS 171.072.

(3) A member of a Commission or Council may decline to accept compensation or reimbursement of expenses related to the member’s service on the Commission or Council.

(4) In order to receive compensation, a member must submit to the Department a signed written request for compensation within 30 days of the meeting or work performed. The member must specify the date, name, type of meeting(s) or work, and the number of full or partial days the member spent performing official Commission or Council business.

History

Statutory/Other Authority: ORS 292.495
Statutes/Other Implemented: ORS 292.495 & ORS 326.425
DELC 57-2023, minor correction filed 11/15/2023, effective 11/15/2023
ELD 5-2022, adopt filed 03/30/2022, effective 03/30/2022
ELD 7-2021, temporary adopt filed 10/27/2021, effective 10/27/2021 through 04/24/2022

Or. Admin. R. 414-055-0010 Reimbursement of Travel and Other Expenses

(1) Except as otherwise provided by law, the Department may reimburse all members of Commissions and Councils, including those employed in full-time public service, for actual and necessary travel or other expenses actually incurred in the performance of their official duties within the limits provided by law or by the Oregon Department of Administrative Services under ORS 292.210 to 292.250.

(2) Except as provided in subsection (5) of this section, and notwithstanding any other provision of law, the Department shall provide reimbursement to a qualified member of the Commission or Council for actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided by law or by the Oregon Department of Administrative Services under ORS 292.210 to 292.250.

(3) For the purposes of this rule, in order to be considered a qualified member, a member may attest by signature that they meet the conditions and income limits specified in 414-055-0000(2).

(4) In order to receive reimbursement of actual and necessary travel and other expenses, a member must submit to the Department a travel expense claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses within 30 days following the day the member incurred the expense.

(5) A member of a Commission or Council may decline to accept compensation or reimbursement of expenses related to the member’s service on the Commission or Council.

History

Statutory/Other Authority: ORS 292.495
Statutes/Other Implemented: ORS 292.495 & ORS 326.425
DELC 58-2023, minor correction filed 11/15/2023, effective 11/15/2023
ELD 5-2022, adopt filed 03/30/2022, effective 03/30/2022
ELD 7-2021, temporary adopt filed 10/27/2021, effective 10/27/2021 through 04/24/2022

Or. Admin. R. 414-055-0015 Reimbursement for Hiring a Substitute

(1) As used in OAR 414-055-0010(4), “other expenses” includes expenses incurred by a member of the Commission or Council in employing a substitute to carry out duties, including personal duties, normally performed by the member, which the member is unable to carry out because of the performance of official duties and which, by the nature of such duties, cannot be delayed without risk to health or safety.

(2) The amount that a member may be reimbursed for expenses incurred in employing a substitute must not exceed $25 per day, pursuant to ORS 292.495(3).

History

Statutory/Other Authority: ORS 292.495
Statutes/Other Implemented: ORS 292.495 & ORS 326.425
DELC 59-2023, minor correction filed 11/15/2023, effective 11/15/2023
ELD 5-2022, adopt filed 03/30/2022, effective 03/30/2022
ELD 7-2021, temporary adopt filed 10/27/2021, effective 10/27/2021 through 04/24/2022

Division 61 CENTRAL BACKGROUND REGISTRY

Or. Admin. R. 414-061-0000 Purpose

(1) The Department will conduct criminal records checks, child abuse and neglect records checks, and checks of foster care certification and adult protective services on subject individuals, as defined in OAR 414-061-0030, for enrollment of subject individuals in the Central Background Registry.

(2) These rules provide guidelines on how the Department conducts criminal records and child abuse and neglect records checks on subject individuals, checks a subject individual’s foster care certification and adult protective services history, obtains relevant records when necessary, applies such information to its determination about the suitability of the subject individual, and enrolls approved subject individuals in the Central Background Registry.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0010 Scope of Rules

(1) Consistent with the purposes of these rules, the Department will issue decisions about persons defined as subject individuals as to their suitability to be enrolled in the Central Background Registry and employed in programs defined as "Requesting Agencies" in OAR 414-061-0020(32).

(2) These rules (OAR 414-061-0000 through 414-061-0120) shall be construed and implemented consistent with the regulations governing:

(a) Child care licensing in OAR 414-205-0000 through 414-205-0170, 414-305-0100 through 414-305-01640, 414-350-0000 through 414-350-0405 and 414-310-0000 through 414-310-0720;

(b) Pre-kindergarten programs in 414-460-0000 through 414-460-0075;

(d) Early childhood special education and early intervention programs in OAR 581-015-2700 through 581-015-2910;

(e) Subsidized Care Facilities as defined in 414-061-0020(35);

(f) School Age Recorded Programs in OAR 414-425-0000 through 414-425-0040; and

(g) Preschool Recorded Programs in OAR 414-450-0000 through 414-450-0040.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
DELC 14-2024, minor correction filed 03/04/2024, effective 03/04/2024
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0020 Definitions

(1) "Adult protective services history” means information about whether the subject individual has a substantiated finding of abuse or neglect in an adult abuse investigation conducted by the Oregon Department of Human Services or its contractor or designee, or similar information held by another state, county, municipal or other governmental entity or its contractor or designee.

(2) “Adult protective services check” means a certification by the subject individual of the presence or absence of a substantiated finding of abuse or neglect in an adult abuse investigation, or obtaining and reviewing adult protective services records from appropriate governmental authority, its designee or contractor as required or permitted by these rules .

(3) "Agency Agreement" means the written agreement between the Oregon State Police (OSP) and the Department.

(4) “Caretaker Relative” is an individual related to the child by biology, marriage or adoption, including the former spouse of a relative who resides in the same household with and has primary responsibility for a child needing care.

(5) “Central Background Registry” or “CBR” means the registry established and operated pursuant to ORS 329A.030 (6)(a).

(6) "Child Abuse and Neglect Records" means information on child abuse and neglect cases conducted by the Oregon Department of Human Services or its contractor or designee, or similar information held by another state, county, municipal or other governmental entity or its contractor or designee.

(7) “Child Abuse and Neglect Records Check” means obtaining and reviewing child abuse and neglect reports and records as required or permitted by these rules.

(8) “Child Care Licensing Division” or “CCLD” is the division within the Department of Early Learning and Care formerly known as the Office of Child Care (OCC). For the purposes of these rules, an act or agreement by OCC is an act or agreement of CCLD.

(9) "Computerized Criminal History (CCH) System" means the on-line computer files of significant criminal offender information maintained by the Oregon State Police (OSP).

(10) "Conditional Enrollment" means enrollment in the CBR pursuant to ORS 329A.030(6)(a).

(11) "Criminal Records" means information, including fingerprints and photographs, received, compiled, and disseminated by the Oregon State Police, or by other states or jurisdictions, for purposes of identifying criminal offenders and alleged offenders and maintained as to such persons' records of arrest, the nature and disposition of criminal charges, sentencing, confinement, and release and includes the OSP Computerized Criminal History System.

(12) "Criminal Records Check" means obtaining and reviewing criminal records as required or permitted by these rules and includes any or all of the following;

(a) A check of Oregon criminal records and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by OSP, in accordance with the rules adopted and procedures established by OSP;

(b) A check of Oregon criminal records, including through fingerprint identification or other means, conducted by OSP at the authorized agency or district’s request;

(c) A nationwide check of criminal records, including through fingerprint identification, conducted by OSP through the Federal Bureau of Investigation (FBI);

(d) A check of criminal records repositories maintained by any state or jurisdiction, including through fingerprint identification or name-based identification;

(e) A check of the National Criminal Information Center’s National Sex Offender Registry (NSOR);

(f) A check of a sex offender registry maintained by any state or jurisdiction; or

(g) A check of Oregon Judicial Department’s OJCIN/OECI which includes court case information for Oregon’s 36 judicial districts.

(13) “DHS Background Check” means a background check completed pursuant to OAR 125-007-0200 through 125-007-0330 and OAR 407-007-0200 through 407-007-0370 on or before June 30, 2023.

(14) "Early Childhood Care and Education Program" means a regulated child care facility, federally-funded Head Start program, Oregon Department of Education funded pre-kindergarten program, parent-as-teacher program, or early childhood special education/early intervention program.

(15) “ERDC” means Employment Related Day Care benefits which a child care provider may be approved to receive pursuant to OAR 461-165-0180.

(16) “Early Learning Division” is the division formerly within the Department of Education that is referenced to as the Department of Early Learning and Care on or after July 1, 2023.

(17) "Early Learning Program" means a preschool provider referenced in ORS 329.172(3) that has applied to participate in the preschool program described in that section.

(18) "Employee" means any individual caring for, overseeing, or who has or may have access to children, who holds a paid position in a requesting agency.

(19) "Employee of the Department of Early Learning and Care" means any individual employed by the Department of Early Learning and Care.

(20) "Enrollment" means approval for a five -year period to be enrolled in the Central Background Registry following an OSP criminal records check, child abuse and neglect records check, checks of adult protective services and foster care certification, and an FBI records check.

(21) "Fee" means the charges assessed by the subject individual for processing each criminal records check and/or fingerprint-based criminal records check.

(22) "FBI" means the Federal Bureau of Investigation.

(23) “Fingerprint-Based Criminal Records” means criminal offender information compiled and maintained by the Federal Bureau of Investigation.

(24) “Foster Care Certification History” means information and records regarding the status of any application for or approval of the Oregon Department of Human Services permitting the subject individual to provide foster care, or similar information held by another state, county, municipal or other governmental authorities or their contractors or designees.

(25) “Foster care certification check” means a certification by the subject individual of the presence or absence of any negative action taken on their foster care certification by appropriate governmental authority, or obtaining and reviewing foster care from appropriate governmental authority, its designee or contractor as required or permitted by these rules.

(26) "Incident" means the commission of a Category I or Category II crime, child abuse and neglect history, negative foster care history, or a substantiated finding of adult abuse or neglect.

(27) “Limited enrollment” means:

(a) An enrollment in the CBR for a subject individual that is subject to a restriction or condition agreed to in writing by the subject individual and the Department; or

(b) An enrollment that does not allow unsupervised access to child care children for a subject individual who meets all of the following criteria:

(A) The subject individual is a household member of a subsidized care facility that is not registered or certified by the Department;

(B) The subject individual does not have a conviction for a disqualifying crime listed in 45 CFR 98.43(c);

(D) The child care is needed for the parent or caretaker relative to participate in the JOBS program or they are eligible for the ERDC subsidy program.

(28) “OCC” means the agency previously referred to as the Office of Child Care and, on or after July 1, 2023, reffered to as the Child Care Licensing Division of the Department of Early Learning and Care.

(29) "OSP" means the Oregon State Police.

(30) “Preschool Recorded Program” means a facility providing care for preschool age children that is primarily educational for four hours or less per day and where no preschool child is present at the facility for more than four hours per day.

(31) “Reciprocal Agreement Program” includes:

(a) A metropolitan service district organized under ORS chapter 268; and

(b) A private agency or organization facilitating the provision of respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056.

(32) "Requesting Agency" means a childhood care and education program or individual providing care to children that is:

(a) Regulated by the Department under ORS 329A.280 or 329A.330;

(b) An early childhood care and education program;

(d) A Subsidized Care Facility as defined in these rules.

(33) “School Age Recorded Program” means a program as described in ORS 329A.250 (12) through (14).

(34) “Subsidized Care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, provided to a child during a part of the 24 hours of a day, paid for in whole or in part by public funds administered by the Oregon Department of Early Learning and Care.

(35) “Subsidized Care Facility” means any facility approved by either the Oregon Department of Human Services (ODHS) or the Oregon Department of Early Learning and Care (DELC) to provide subsidized care to children for which payment for child care is made directly by ODHS or DELC to the provider and does not include any facility providing care paid for in whole or in part by public funds when none of the public funds are administered by either ODHS or DELC.

(36) "Unsupervised Contact with Children" means contact with children that provides the person opportunity for personal communication or touch when not under the direct supervision of an individual who holds a position with supervisory authority and holds an active enrollment in the CBR that is not a Limited Enrollment as defined by these rules.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 6-2020, amend filed 06/30/2020, effective 06/30/2020
ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019
ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019
ELD 10-2019, amend filed 03/28/2019, effective 03/28/2019
ELD 21-2018, temporary amend filed 11/01/2018, effective 11/01/2018 through 04/28/2019
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 7-2016, f. & cert. ef. 12-19-16
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0030 Subject Individuals

(1) For purposes of criminal records checks, including fingerprint-based criminal records checks, and child abuse and neglect records checks, foster care or adult protective services checks, "Subject Individual" means a person who is or applies to be:

(a) The owner, operator or an employee or volunteer of a certified, registered or otherwise regulated facility caring for children that is subject to the jurisdiction of the Department;

(b) The operator or an employee of an Oregon pre-kindergarten program or parent-as-teacher program under ORS 329.170 to 329.200;

(c) The operator or an employee of a federal Head Start Program regulated by the United States Department of Health and Human Services;

(d) A designated employee or a contractor with the Department;

(e) A contractor or an employee of the contractor who provides early childhood special education or early intervention services pursuant to ORS 343.455 to 343.534 and is not subject to the criminal records check requirements of ORS 326.603 or ORS 342.223;

(f) A child care provider who is required to be enrolled in the Central Background Registry by any state agency.

(g) A designated contractor, employee or volunteer of a Metro Service District.

(h) A provider of respite services as defined in ORS 418.205 for parents pursuant to a properly executed power of attorney under ORS 109.056.

(i) An employee, contractor or provider of child care services under any memorandum of understanding or similar arrangement with one of the nine federally recognized tribes in Oregon or administrators of the Tribal Child Care and Development Fund.

(j) The operator or an employee of an Early Learning Program.

(k) On or after July 1, 2025, and beginning September 1, 2022 through June 30, 2025 unless holding an unexpired ODHS Background Check:

(A) An individual who operates or plans to operate a subsidized care facility;

(B) An individual who has attained 18 years of age and is a household member in a subsidized care facility;

(C) An individual in a subsidized care facility who has attained 18 years of age and who may have unsupervised contact with children;

(l) On or after January 1, 2023, and on or after September 1, 2022 through December 31, 2022 if the individual submits an application for enrollment, the operator or an employee of a preschool recorded program or a school-age recorded program

(2) An individual in any of the above facilities or programs who may have unsupervised contact with children is also a subject individual. This includes but is not limited to permanent or temporary residents in the home or facility or persons visiting on a regular basis.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030 & SB283 (2023)
DELC 6-2026, minor correction filed 04/21/2026, effective 04/21/2026
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 10-2019, amend filed 03/28/2019, effective 03/28/2019
ELD 21-2018, temporary amend filed 11/01/2018, effective 11/01/2018 through 04/28/2019
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0035 Applications

(1) As part of an initial or renewal application, a subject individual must submit requested fee and provide all information required for a criminal records check, a child abuse and neglect records check, a foster care certification check, and an adult protective services check; including:

(a) A properly completed and signed Application for Enrollment in the Department’s Central Background Registry, available from the agency;

(b) For a subject individual who acknowledges criminal history, child abuse and neglect history, foster care certification history, or adult protective services history, an explanation of the history and any steps the subject individual has taken to address the history;

(c) Consent to the use of the subject individual’s social security number or other personally identifying information for criminal records checks, child abuse and neglect records checks, foster care certification checks or adult protective services checks, for identifying enrollees in the Central Background Registry, for sharing information with other governmental agencies their contractors or designees to verify child care licensing status for child care payments, and for compiling statistical information for program planning and evaluation;

(d) The information required for the FBI criminal records check under OAR 414-061-0080;

(2) At the time of initial application or renewal of enrollment in the Central Background Registry, subject individuals shall attest on their application or renewal form:

(a) Whether they are a foster parent or have ever been a foster parent, including but not limited to:

(A) Dates of participation in the foster care program;

(B) Locations, including street address, city, county and state, at which they provided foster care; and

(i) Revocation, denial, suspension, closure in lieu of legal action, or other loss of certification or approval to operate a foster home or provide foster care; or

(ii) Any criminal or civil matters initiated against the individual related to their foster care certification.

(b) Whether they have adult protective services history, including but not limited to any record of a substantiated finding of abuse or neglect of an adult:

(3) As part of the application process, the subject individual shall, upon request from the Department, provide the Department with an authorization sufficient to:

(a) Allow the Department to obtain records and information regarding criminal records checks, child abuse and neglect records, foster care certification history, or adult protective services history; and

(b) Use those records and information to for the purpose of evaluating whether the subject individual is eligible for enrollment in the Central Background Registry.

(4) An application is incomplete if it does not include all of the required information identified in subsections (1), (2) or (3) of this rule.

(5) Applications must be accompanied by the required fee unless the applicant is eligible for a waiver of the fee.

(a) Applications not accompanied by the required fee are considered incomplete. Application fees are non-refundable, unless the applicant is eligible for a waiver.

(b) Fees for enrollment or duplicate enrollment in the Central Background Registry, Law Enforcement Data System criminal records check, and FBI fingerprint check are waived for an employee or volunteer of a private agency or organization that facilitates the provision of respite care as described in ORS 329A.275(4).

(6) The Department shall provide the applicant a reasonable time to cure an incomplete application, not to exceed 30 days from the date the application was received by the Department. The Department shall return the incomplete application to the applicant.

History

Statutory/Other Authority: ORS 329A.030
Statutes/Other Implemented: ORS 329A.030 & HB2599 (2023)
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 6-2020, amend filed 06/30/2020, effective 06/30/2020
ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019
ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019
ELD 3-2018, adopt filed 02/08/2018, effective 09/30/2018

Or. Admin. R. 414-061-0040 Limitations of Criminal and Judicial Inquiries

(1) Only Department employees or contractors who have been fingerprinted and cleared by the Oregon State Police shall access or have access to criminal records information pursuant to a valid agency agreement, as defined in OAR 414-061-0020(23). All such information shall be handled in compliance with the agency agreement and rules and procedures of the Oregon State Police relating to the criminal records information (OAR 257-015-0000 to 257-015-0100). It is the responsibility of the Department to assure strict compliance with federal and state laws, rules, and procedures regarding, access, dissemination, maintenance, and destruction of criminal records information.

(2) Criminal records information obtained from OSP, the FBI, or another criminal records repository will not be used for any purpose other than that for which it was obtained nor given to unauthorized persons or agencies.

(3) Criminal records information, including fingerprint-based criminal records information held by the FBI, OSP or other state, county or municipal law enforcement agency and records of all state, federal or municipal judicial proceedings information shall be obtained by the Department to determine whether a subject individual has criminal history which is related to enrollment in the Central Background Registry.

(4) If a subject individual has been convicted of a crime which is related to enrollment in the Central Background Registry, the subject individual will be notified by the Department that they:

(a) Has a right to inspect and challenge the accuracy of their Oregon criminal records by contacting the Oregon State Police;

(b) May challenge the accuracy or completeness of any entry on the subject individual's criminal records provided by the FBI by filing a challenge with the FBI’s CJIS Division.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019
ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 7-2016, f. & cert. ef. 12-19-16
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0045 Disqualifying Conditions for Enrollment

(1) A subject individual has a disqualifying condition and is ineligible for enrollment in the Central Background Registry if such individual:

(a) Refuses to consent to the Department’s criminal background check or required fingerprinting;

(b) Knowingly makes or has knowingly made a materially false statement in connection with their application for initial enrollment or renewal of their enrollment in the Central Background Registry, including but not limited to the required criminal background check, or the individual’s records or history related to child abuse and neglect, foster care, or adult protective services;

(c) Is registered, or is required to be registered, on any State, tribal, or US territory sex offender registry or repository or the National Sex Offender Registry; or

(d) Has been convicted of a felony or misdemeanor consisting of:

(A) Aggravated murder, murder, criminal homicide, aggravated vehicular homicide, or manslaughter in the first degree as defined by ORS 163.005, ORS 163.095, ORS 163.115, ORS 163.118, or ORS 163.149;

(B) Child abuse or neglect, or other crimes against children as defined by ORS 163.207, ORS 163.405, ORS 163.408, ORS163.432, ORS 163.433, ORS 163.435, ORS 163.525, ORS 163.535, ORS 163.537, ORS 163.545, ORS 163.547, ORS 163.555, ORS 163.575, ORS 163.670, ORS 163.684, ORS 163.686, ORS 163.687, ORS 163.688, or ORS 163.689;

(C) A crime involving rape, sexual assault, sexual abuse, sodomy, sexual misconduct or other sexual offenses as defined by; ORS 163.365, ORS 163.375, ORS 163.385, ORS 163.395, ORS 163.405, ORS 163.408, ORS 163.411, ORS 163.413, ORS 163.415, ORS 163.425, ORS 163.427, 163.445, ORS 163.452, or ORS 163.454, or any crime listed in definition of sex crime in ORS 163A.005.

(D) Kidnapping or trafficking in persons as defined by ORS 163.225, ORS 163.235 or ORS 163.266;

(E) Arson as defined in ORS 164.315 or ORS 164.325;

(F) Physical assault or battery as defined by ORS 163.165, ORS 163.175, ORS 163.185, ORS 163.187; ORS 163.160(3)-(5); or

(G) A drug-related offense under ORS chapter 475 or 475B, or defined under 167.262, committed during the preceding five years, that results in the conviction of the subject individual of a Class A felony, Class B felony, Class C felony, or a Class A Misdemeanor.

(H) Sexual assault of an animal as defined in ORS 167.333

(2) These rules also apply to:

(a) A conviction of a crime in another jurisdiction which is the substantial equivalent of a crime listed Section 1(d);

(b) An adjudication of guilt by reason of insanity, of an act that is the substantial equivalent of a crime listed in section 1(d);

(c) An adjudication by a juvenile court that a youth has committed an act that is the substantial equivalent of a crime listed in Section 1(d);

(d) Any attempts, conspiracies or solicitations to commit any Felony or Misdemeanor crime listed in Section 1(d);

(e) A new crime, adopted by the legislature following the most recent amendment of these rules, which is the substantial equivalent of any crimes listed in Section 1(d);

(f) Any crime that is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in Section 1(d).

History

Statutory/Other Authority: ORS 329A.030
Statutes/Other Implemented: ORS 329A.030
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 15-2022, minor correction filed 10/04/2022, effective 10/04/2022
ELD 2-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019
ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019
ELD 10-2019, amend filed 03/28/2019, effective 03/28/2019
ELD 8-2018, temporary amend filed 09/28/2018, effective 09/30/2018 through 03/28/2019
ELD 3-2018, adopt filed 02/08/2018, effective 09/30/2018

Or. Admin. R. 414-061-0050 History to Be Considered

(1) The Department has determined that serious felonies and misdemeanors involving violence or unauthorized sexual conduct, especially with children or otherwise vulnerable persons, is fundamentally inconsistent with any responsibility for care of children. Conviction of crimes listed in Category I of this rule shall disqualify a subject individual from being enrolled in the Central Background Registry, unless the subject individual provides sufficient evidence of suitability as described in section (10) of this rule.

(a) The Department will consider conviction of the following crimes for 15 years or less prior to the date the subject individual signed the Application for Enrollment in the Department’s Central Background Registry. The 15 years will run from the date of arrest, citation, charge, or conviction whichever is later.

(A) 163.515 Bigamy.

(B) 164.225 Burglary in the first degree.

(D) 163.200 Criminal mistreatment in the second degree.

(E) 166.270 Possession of weapons by certain felons.

(F) 166.720 Racketeering activity unlawful; penalties.

(G) 164.405 Robbery in the second degree.

(H) 164.395 Robbery in the third degree.

(I) 163.445 Sexual misconduct.

(J) 163.732 Stalking.

(K) 162.185 Supplying contraband.

(L) 166.220 Unlawful use of weapon.

(M) 163.257 Custodial interference in the first degree.

(b) The Department will consider conviction of the following crimes for 20 years or less prior to the date the subject individual signed the Application for Enrollment in the Department’s Central Background Registry. The 20 years will run from the date of arrest, citation, charge, or conviction whichever is later.

(A) 166.087 Abuse of corpse in the first degree.

(B) 166.085 Abuse of corpse in the second degree.

(D) 475B.367 Causing another person to ingest marijuana.

(E) 163.205 Criminal mistreatment in the first degree.

(F) 163.145 Criminally negligent homicide.

(G) 162.165 Escape in the first degree.

(H) 163.693 Failure to report child pornography.

(I) 181.812 Failure to report as sex offender; defense.

(J) 166.429 Firearms used in felony.

(K) 163.525 Incest.

(L) 166.165 Intimidation in the first degree.

(M) 166.155 Intimidation in the second degree.

(N) 163.125 Manslaughter in the second degree.

(O) 166.382 Possession of destructive device prohibited; exceptions.

(P) 166.275 Possession of weapons by inmates of institutions.

(Q) 167.012 Promoting prostitution.

(R) 167.090 Publicly displaying nudity or sex for advertising purposes.

(S) 163.355 Rape in the third degree.

(T) 164.415 Robbery in the first degree.

(U) 167.062 Sadomasochistic abuse or sexual conduct in live show.

(V) 167.212 Tampering with drug records.

(W) 164.075 Theft by extortion.

(X) 163.479 Unlawful contact with a child.

(Y) 166.384 Unlawful manufacture of destructive device.

(Z) 166.660 Unlawful paramilitary activity.

(AA) 166.272 Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers.

(BB) 163.212 Unlawful use of an electrical stun gun, tear gas or mace in the second degree.

(CC) 163.476 Unlawfully being in a location where children regularly congregate.

(A) 167.820 Concealing the birth of an infant.

(B) 167.080 Displaying obscene materials to minors.

(D) 167.075 Exhibiting an obscene performance to a minor.

(E) 167.057 Luring a minor.

(F) 166.370 Possession of firearm or dangerous weapon in public building or court facility exception; discharging a firearm in a school.

(G) 433.010 Spreading disease prohibited; health certificates to be issued by physicians; rules.

(H) 163.264 Subjecting another person to involuntary servitude in the first degree.

(I) 163.263 Subjecting another person to involuntary servitude in the second degree.

(J) 163.213 Unlawful use of an electrical stun gun, tear gas or mace in the first degree.

(2) The Department has further determined that felonies and misdemeanors involving theft, fraud, or deception, crimes against the state and public justice, and major traffic violations may substantially jeopardize the safety of children and are inconsistent with any position of unsupervised contact with children or otherwise vulnerable persons. If any subject individual was convicted of a crime listed in Category II of this rule, the Department will seek to obtain and review information on all intervening circumstances and other background information related to criminal activity, subject to section (10) of this rule. The Department will make a determination whether an individual is suitable for enrollment in the Central Background Registry based on all information available.

(a) The Department will consider conviction of the following crimes for 5 years or less prior to the date the subject individual signed the Application for Enrollment in the Department's Central Background Registry. The 5 years will run from the date of arrest, citation, charge, or conviction whichever is later.

(A) 162.015 Bribe giving.

(B) 162.025 Bribe receiving.

(D) 162.265 Bribing a witness.

(E) 162.335 Compounding.

(F) 811.182 Criminal driving while suspended or revoked; penalties.

(G) 164.354 Criminal mischief in the second degree.

(H) 192.865 Criminal penalty (192.852 Prohibition on obtaining actual address or telephone number; prohibition on disclosure by employee of public body).

(I) 165.022 Criminal possession of a forged instrument in the first degree.

(J) 165.017 Criminal possession of a forged instrument in the second degree.

(K) 165.032 Criminal possession of a forgery device.

(L) 164.245 Criminal trespass in the second degree.

(M) 166.025 Disorderly conduct in the second degree.

(N) 830.475 Duties of operators and witnesses at accidents (failure to perform the duties of an operator of a boat).

(O) 162.145 Escape in the third degree.

(P) 162.205 Failure to appear in the first degree.

(Q) 162.195 Failure to appear in the second degree.

(R) 811.705 Failure to perform duties of driver to injured persons; penalty (hit and run, injury).

(S) 811.700 Failure to perform duties of driver when property is damaged; penalty (hit and run, property).

(T) 165.007 Forgery in the second degree.

(U) 418.630 Foster home must be certified as approved.

(V) 165.570 Improper use of emergency reporting system.

(W) 162.375 Initiating a false report.

(X) 165.572 Interference with making a report.

(Y) 162.257 Interfering with a firefighter or emergency medical services provider.

(Z) 162.247 Interfering with a peace officer or parole and probation officer.

(AA) 166.116 Interfering with public transportation.

(BB) 418.327 Licensing of certain schools and organizations offering residential programs; fees; rules.

(CC) 166.095 Misconduct with emergency telephone calls.

(DD) 162.425 Misuse of confidential information.

(EE) 166.450 Obliteration or change of identification number on firearms.

(FF) 162.235 Obstructing governmental or judicial administration.

(GG) 162.415 Official misconduct in the first degree.

(HH) 162.405 Official misconduct in the second degree.

(II) 167.431 Participation in cockfighting.

(JJ) 167.370 Participation in dogfighting.

(KK) 162.065 Perjury.

(LL) 165.070 Possessing fraudulent communications device.

(MM) 164.235 Possession of a burglary tool or theft device.

(NN) 164.335 Reckless burning.

(OO) 811.140 Reckless driving; penalty.

(PP) 811.231 Reckless endangerment of highway workers; penalties.

(QQ) 830.315 Reckless operation; speed (boat).

(RR) 162.315 Resisting arrest.

(SS) 165.090 Sports bribe receiving.

(TT) 165.085 Sports bribery.

(UU) 411.675 Submitting wrongful claim for payment of public assistance or medical assistance.

(VV) 162.295 Tampering with physical evidence.

(WW) 162.305 Tampering with public records.

(XX) 164.045 Theft in the second degree.

(YY) 166.649 Throwing an object off an overpass in the second degree.

(ZZ) 033.045 Types of sanctions (Contempt of Court).

(AAA) 162.175 Unauthorized departure.

(BBB) 165.074 Unlawful factoring of payment card transaction.

(CCC) 165.810 Unlawful possession of a personal identification device.

(DDD) 165.813 Unlawful possession of fictitious identification.

(EEE) 411.840 Unlawfully obtaining or disposing of supplemental nutrition assistance.

(FFF) 411.630 Unlawfully obtaining public assistance or medical assistance.

(GGG) 811.060 Vehicular assault of bicyclist or pedestrian; penalty.

(HHH) 163.750 Violating a court’s stalking protective order.

(b) The Department will consider conviction of the following crimes for 7 years or less prior to the date the subject individual signed the Application for Enrollment in the Department’s Central Background Registry. The 7 years will run from the date of arrest, citation, charge, or conviction whichever is later.

(A) 163.196 Aggravate driving while suspended or revoked.

(B) 167.340 Animal abandonment.

(D) 167.325 Animal neglect in the second degree.

(E) 166.240 Carrying of concealed weapons.

(F) 164.365 Criminal mischief in the first degree.

(G) 166.023 Disorderly conduct in the first degree.

(H) 813.010 Driving under the influence of intoxicants; penalty.

(I) 314.075 Evading requirements of law prohibited (tax evasion).

(J) 475.918 Falsifying drug test results.

(K) 813.011 Felony driving under the influence of intoxicants; penalty.

(L) 811.540 Fleeing or attempting to elude police officer; penalty.

(M) 166.065 Harassment- if against a child.

(N) 609.098 Maintaining dangerous dog.

(O) 830.325 Operating boat while under influence of intoxicating liquor or controlled substance.

(P) 163.195 Recklessly endangering another person.

(Q) 162.285 Tampering with a witness.

(R) 166.090 Telephonic harassment.

(S) 166.651 Throwing an object off an overpass in the first degree.

(T) 164.135 Unauthorized use of a vehicle.

(U) 166.250 Unlawful possession of firearms.

(V) 167.808 Unlawful possession of inhalants.

(W) 133.310 Authority of peace officer to arrest without warrant (Violation of restraining order).

(c) The Department will consider conviction of the following crimes for 10 years or less prior to the date the subject individual signed the Application for Enrollment in the Department’s Central Background Registry. The 10 years will run from the date of arrest, citation, charge, or conviction whichever is later.

(A) 165.803 Aggravated identity theft.

(B) 167.315 Animal abuse in the second degree.

(D) 165.581 Cellular counterfeiting in the first degree.

(E) 167.428 Cockfighting.

(F) 164.377 Computer crime.

(G) 162.365 Criminal impersonation.

(H) 162.367 Criminal impersonation of peace officer.

(I) 164.138 Criminal possession of a rented or leased motor vehicle.

(J) 164.255 Criminal trespass in the first degree.

(K) 164.265 Criminal trespass while in possession of a firearm.

(L) 163.245 Custodial interference in the second degree.

(M) 167.365 Dogfighting.

(N) 165.013 Forgery in the first degree.

(O) 165.055 Fraudulent use of a credit card.

(P) 165.800 Identity theft.

(Q) 167.355 Involvement in animal fighting.

(R) 166.470 Limitations and conditions for sales of firearms.

(S) 164.162 Mail theft or receipt of stolen mail.

(T) 163.190 Menacing.

(U) 164.098 Organized retail theft.

(V) 166.190 Pointing firearm at another; courts having jurisdiction over offense.

(W) 819.300 Possession of a stolen vehicle; penalty.

(X) 162.369 Possession of false law enforcement identification card.

(Y) 163.467 Private indecency.

(Z) 685.990 Penalties (pertaining to naturopathic medicine).

(AA) 677.080 Prohibited acts (regarding the practice of medicine).

(BB) 475B.329 Prohibition regarding person who is visibly intoxicated; prohibition against allowing consumption of marijuana by person under 21 years of age on private property; penalty.

(CC) 471.410 Providing liquor to person under 21 or to intoxicated person; allowing consumption by minor on property; mandatory minimum penalties.

(DD) 689.527 Prohibited practices; rules (pertaining to pharmacy technicians and practitioners).

(EE) 166.480 Sale or gift of explosives to children.

(FF) 164.085 Theft by deception.

(GG) 164.095 Theft by receiving.

(HH) 164.055 Theft in the first degree.

(II) 164.125 Theft of services.

(JJ) 164.272 Unlawful entry into a motor vehicle.

(d) The Department will consider conviction of the following crimes for 15 years or less prior to the date the subject individual signed the Application for Enrollment in the Department's Central Background Registry. The 15 years will run from the date of arrest, citation, charge, or conviction whichever is later.

(A) 167.322 Aggravated animal abuse in the first degree.

(B) 166.070 Aggravated harassment.

(D) 167.320 Animal abuse in the first degree.

(E) 475B.359 Arson incident to manufacture of cannabinoid extract in first degree.

(F) 475B.363 Arson incident to manufacture of cannabinoid extract in second degree.

(G) 163.160(1)-(2) Assault in the fourth degree.

(H) 163.208 Assaulting a public safety officer.

(I) 167.339 Assaulting a law enforcement animal.

(J) 167.008 Commercial sexual solicitation.

(K) 475.900 Crime category classification; proof of commercial drug offense.

(L) 475.962 Distribution of equipment, solvent, reagent, or precursor substance with intent to facilitate manufacture of controlled substance.

(M) 164.172 Engaging in a financial transaction in property derived from unlawful activity.

(N) 162.155 Escape in the second degree.

(O) 475.955 Failure to report missing precursor substances.

(P) 475.950 Failure to report precursor substance transaction.

(Q) 167.222 Frequenting a place where controlled substances are used.

(R) 162.325 Hindering prosecution.

(S) 475.960 Illegally selling drug equipment.

(T) 167.352 Interfering with an assistance, a search and rescue or a therapy animal.

(U) 167.337 Interfering with law enforcement animal.

(V) 163.700 Invasion of personal privacy.

(W) 164.170 Laundering a monetary instrument.

(X) 165.117 Metal property transaction records; prohibited conduct; commercial sellers; penalties.

(Y) 166.180 Negligently wounding another.

(Z) 475.967 Possession of precursor substance with intent to manufacture controlled substance.

(AA) 475.977 Possession or disposing of methamphetamine manufacturing waste.

(BB) 475.914 Prohibited acts for registrants; penalties.

(CC) 475.752 Prohibited acts generally; penalties; affirmative defense for certain peyote uses; causing death by Schedule IV substance.

(DD) 475.916 Prohibited acts involving records and fraud; penalties.

(EE) 475B.333 Prohibition against giving marijuana item as prize; penalty.

(FF) 475B.227 Prohibition against importing or exporting marijuana items.

(GG) 475B.311 Prohibition against producing, processing or storing homemade cannabinoid extracts.

(HH) 167.007 Prostitution.

(II) 475.920 Providing drug test falsification equipment.

(JJ) 475.965 Providing false information on precursor substance report or record.

(KK) 163.465 Public indecency.

(LL) 166.015 Riot.

(MM) 475.973 Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine; records.

(NN) 475.525 Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions.

(OO) 166.005 Treason.

(PP) 475.870 Unlawful delivery of 3,4-methylenedioxymethamphetamine.

(QQ) 475.880 Unlawful delivery of cocaine.

(RR) 475.850 Unlawful delivery of heroin.

(SS) 475.810 Unlawful delivery of hydrocodone.

(TT) 475.912 Unlawful delivery of imitation controlled substance.

(UU) 475B.346 Unlawful delivery of marijuana item.

(VV) 475.820 Unlawful delivery of methadone.

(WW) 475.890 Unlawful delivery of methamphetamine.

(XX) 475.830 Unlawful delivery of oxycodone.

(YY) 475.866 Unlawful manufacture of 3,4-methylenedioxymethamphetamine.

(ZZ) 475.876 Unlawful manufacture of cocaine.

(AAA) 475.846 Unlawful manufacture of heroin.

(BBB) 475.806 Unlawful manufacture of hydrocodone.

(CCC) 475.856 Unlawful manufacture of marijuana.

(DDD) 475.816 Unlawful manufacture of methadone.

(EEE) 475.886 Unlawful manufacture of methamphetamine.

(FFF) 475.826 Unlawful manufacture of oxycodone.

(GGG) 475B.337 Unlawful possession by person 21 years of age or older.

(HHH) 475B.341 Unlawful possession by person under 21 years of age.

(III) 475.814 Unlawful possession of hydrocodone.

(JJJ) 475.824 Unlawful possession of methadone.

(KKK) 475.834 Unlawful possession of oxycodone.

(LLL) 475.874 Unlawful possession of 3,4-methylenedioxymethamphetamine.

(MMM) 475.971 Unlawful possession of anhydrous ammonia.

(NNN) 475.884 Unlawful possession of cocaine.

(OOO) 475.854 Unlawful possession of heroin.

(PPP) 475.975 Unlawful possession of iodine in its elemental form; recording transfers; unlawful distribution of iodine in its elemental form.

(QQQ) 475.976 Unlawful possession of iodine matrix; recording transfers; unlawful distribution of iodine matrix.

(RRR) 475.979 Unlawful possession of lithium metal or sodium metal.

(SSS) 475.894 Unlawful possession of methamphetamine.

(TTT) 475.969 Unlawful possession of phosphorus.

(e) The Department will consider conviction of the following crimes for 20 years or less prior to the date the subject individual signed the Application for Enrollment in the Department’s Central Background Registry. The 20 years will run from the date of arrest, citation, or conviction whichever is later.

(A) 475B.371 Administration to another person under 18 years of age.

(B) 475.910 Application of controlled substance to the body of another person; prohibition.

(D) 475.744 Providing hypodermic device to minor prohibited; exception.

(E) 475.872 Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school.

(F) 475.882 Unlawful delivery of cocaine within 1,000 feet of school.

(G) 475.852 Unlawful delivery of heroin within 1,000 feet of school.

(H) 475.812 Unlawful delivery of hydrocodone within 1,000 feet of school.

(I) 475.822 Unlawful delivery of methadone within 1,000 feet of school.

(J) 475.892 Unlawful delivery of methamphetamine within 1,000 feet of school.

(K) 475.832 Unlawful delivery of oxycodone within 1,000 feet of school.

(L) 475.868 Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school.

(M) 475.878 Unlawful manufacture of cocaine within 1,000 feet of school.

(N) 475.848 Unlawful manufacture of heroin within 1,000 feet of school.

(O) 475.808 Unlawful manufacture of hydrocodone within 1,000 feet of school.

(P) 475.818 Unlawful manufacture of methadone within 1,000 feet of school.

(Q) 475.888 Unlawful manufacture of methamphetamine within 1,000 feet of school.

(R) 475.828 Unlawful manufacture of oxycodone within 1,000 feet of school.

(S) 475.904 Unlawful manufacture or delivery of controlled substance within 1,000 feet of school.

(3) These rules also apply to:

(a) A crime in another jurisdiction which is the substantial equivalent of a crime listed in Category I and II;

(b) An adjudication of guilt by reason of insanity, of an act that is the substantial equivalent of a crime listed in Category I and II;

(c) An adjudication by a juvenile court that a youth has committed an act that is the substantial equivalent of a crime listed in Category I and II;

(d) Any attempts, conspiracies or solicitations to commit any Felony or Misdemeanor crime listed in Category I and II;

(e) A new crime, adopted by the legislature following the most recent amendment of these rules, which is the substantial equivalent of any crimes listed in Category I and II;

(f) Any crime that is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in Category I and II;

(g) Any felony in Oregon Revised Statutes not listed in Category I and II that is serious and indicates behavior that poses a threat or jeopardizes the safety of vulnerable persons, as determined by the Department;

(h) Any misdemeanor in Oregon Revised Statutes not listed in Category I and II that is serious and indicates behavior that poses a threat or jeopardizes the safety of vulnerable persons, as determined by the Department; and

(i) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.

(4) The Department has determined that arrests for certain conduct may substantially jeopardize the safety of child care children and could be inconsistent with any position of unsupervised contact with children. If any subject individual has one or more arrests, on or after January 1, 2015, for any crime(s) listed in OAR 414-061-0045(1)(d) or a crime in another jurisdiction which is the substantial equivalent of a crime listed in OAR 414-061-0045(1)(d), the Department will seek to obtain and review information related to the conduct resulting in the arrest, including information from the subject individual, subject to section (10) of this rule. Based on this information, the Department will determine whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.

(5) The Department has determined that child abuse and neglect history may substantially jeopardize the safety of children and is inconsistent with any position of unsupervised contact with children or otherwise vulnerable persons. If any subject individual has a child abuse and neglect history, the Department will seek to obtain and review information related to the history, including information from the subject individual, subject to section (10) of this rule. Based on this information, the Department will make a decision whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.

(6) The Department has determined that a substantiated finding of adult abuse may substantially jeopardize the safety of child care children and could be inconsistent with any position of unsupervised contact with children. If a subject individual has adult protective services history, the Department will seek to obtain and review information related to the history, including information from the subject individual, subject to section (10) of this rule. Based on this information, the Department will make a decision whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.

(7) The Department has determined that foster care certification history may, depending on the history, substantially jeopardize the safety of child care children and could be inconsistent with any position of unsupervised contact with children. If a subject individual discloses foster care certification history, the Department will seek to obtain and review information related to the history, including information from the subject individual, subject to section (10) of this rule. Based on this information, the Department will make a decision whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.

(8) The Department has determined a subject individual in a diversion program or similar agreement for any Category I or Category II crime, depending on the history, may substantially jeopardize the safety of child care children and could be inconsistent with any position of unsupervised contact with children. If a subject individual discloses a diversion program or similar agreement for any Category I or Category II crime, the Department will seek to obtain and review information related to the history, including information from the subject individual, subject to section (9) of this rule. Based on this information, the Department will make a decision whether or not to enroll, suspend or remove the subject individual in or from the Central Background Registry.

(9) If the Department determines that additional information is needed to assess a person's suitability to be enrolled or remain enrolled in the Central Background Registry, the subject individual shall provide the requested information within the required timeframes. The additional information may include, but is not limited to, an evaluation or assessment by a physician, counselor or other qualified person, documents to determine positive identification of the subject individual, and court documents.

(10) Factors to be considered in determining suitability, based on information available to the Department and information provided by the subject individual, include:

(a) The nature of the child abuse and neglect, foster care, adult protective services, or criminal history;

(b) The facts that support the child abuse and neglect, foster care, adult protective services, or criminal history or that indicate the making of a false statement;

(c) The relevancy of the child abuse and neglect, foster care, adult protective services, criminal history, or false statement to the individual’s enrollment in the Central Background Registry; and

(d) Intervening circumstances relevant to the individual’s enrollment in the Central Background Registry, including but not limited to:

(A) The passage of time since the child abuse and neglect, foster care, adult protective services, or criminal history;

(B) The age of the individual at the time of the child abuse and neglect, foster care, adult protective services, or criminal history;

(D) The existence of subsequent child abuse and neglect, foster care, adult protective services, or criminal history;

(E) The recommendation of an employer, if provided;

(F) For criminal history, whether the conviction was set aside or overturned and the legal effect of that setting aside or overturning; and

(G) For child abuse and neglect, foster care, or adult protective services, whether the subject individual has had an opportunity to contest the abuse finding through the agency or entity that made the finding and, if so, the status of any such challenge.

(11) The Department will not bar from enrollment in the Central Background Registry any subject individual because of the existence or contents of a juvenile record that has been expunged by the court.

History

Statutory/Other Authority: ORS 329A.030
Statutes/Other Implemented: ORS 329A.030
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 16-2022, minor correction filed 10/04/2022, effective 10/04/2022
ELD 6-2021, amend filed 08/11/2021, effective 08/11/2021
ELD 2-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 10-2019, amend filed 03/28/2019, effective 03/28/2019
ELD 8-2018, temporary amend filed 09/28/2018, effective 09/30/2018 through 03/28/2019
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 7-2016, f. & cert. ef. 12-19-16
ELD 3-2015, f. & cert. ef. 2-3-15
ELD 7-2014(Temp), f. & cert. ef. 8-7-14 thru 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 3-2004, f. 7-30-04 cert. ef 8-1-04
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0060 Requirements of Requesting Agencies

Requesting agencies, as defined in OAR 414-061-0020(32), must comply with the following requirements:

(1) A requesting agency's application forms must contain a notice that employees and other persons who are subject individuals must be enrolled in the Central Background Registry and that employment is subject to fingerprinting, criminal records checks, child abuse and neglect records check, foster care certification check, and adult protective services check.

(2) A requesting agency may hire a subject individual on a probationary basis if the subject individual is conditionally enrolled in the Central Background Registry. Conditionally enrolled individuals shall not have unsupervised access to childcare children at any time. A requesting agency may hire a subject individual on a permanent basis if the subject individual is enrolled in the Central Background Registry.

(3) A requesting agency shall not hire or continue to employ on a probationary or permanent basis an individual if the individual is not enrolled in the Central Background Registry or has been removed from the Central Background Registry and has not been re-enrolled.

(4) A requesting agency may allow a subject individual who is not yet enrolled or conditionally enrolled in the Central Background Registry to participate in training, orientation and work activities if the training, orientation and work activities are at a location other than the child care facility or are conducted at the facility when children are not present and the subject individual is not in contact with any children.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
DELC 15-2024, minor correction filed 03/04/2024, effective 03/04/2024
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0065 Requirements for Reciprocal Agreement Programs

A reciprocal agreement program must enter into a reciprocal agreement with the Department that provides for sharing information on enrollment status of the individuals described in OAR 414-061-0020(16)(a) and (b) respectively, and for the recovery of administrative, including direct and indirect costs incurred by the Department from the participation in the agreement.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10

Or. Admin. R. 414-061-0070 Procedures for Conducting Criminal Records Checks, Child Abuse and Neglect Records Checks, Foster Care Certification Checks and Adult Protective Services Checks

(1) The Department shall perform a criminal records check, child abuse and neglect records check, foster care certification check, and adult protective services check on all subject individuals who:

(a) Are currently enrolled in the Central Background Registry as of January 1, 2017; or

(b) Submit an initial or renewal application for enrollment in the Department's Central Background Registry after January 1, 2017

(2) Subject individuals shall consent to being fingerprinted, and complete all requirements of OAR 414-061-0035.

(3) Other state or jurisdiction records checks

(a) In order to ensure the health and safety of children, the Department may require a subject individual who is enrolled or conditionally enrolled in the Central Background Registry to provide the Department with the following information or documents upon request:

(A) Authorization to complete a criminal records check, a child abuse and neglect records check, a foster care records check, or an adult protective services records check, in any state or jurisdiction; and

(B) Other documents or information necessary to complete a criminal records check, a child abuse and neglect records check, a foster care records check, or an adult protective services records check, in any state or jurisdiction.

(b) The requested items or information must be provided to the Department within 30 days of the date the Department issues the request.

(c) If the person fails to timely provide the requested authorization, documents, or necessary information, the Department shall:

(A) If the individual is conditionally enrolled in the Central Background Registry the agency shall remove the conditional enrollment and cease processing the individual’s application for enrollment or renewal.

(B) If the individual is enrolled in the Central Background Registry the Department shall commence action to remove the person from the registry as provided in OAR 414-061-0110.

(4) Central Background Registry enrollment forms shall contain notice that a criminal records check, a child abuse and neglect records check, a foster care certification check and a check of adult protective services will be conducted as required by ORS 181A.195 and 329A.030.

(5) The Department will review the criminal records information, child abuse and neglect, foster care and substantiated adult abuse or neglect records information, and any additional relevant information and will make a determination whether a subject individual may be enrolled in the Central Background Registry.

(6) The Department may accept FBI criminal background checks performed by the Department of Human Services when the FBI criminal background check has been completed within 24 months of the of the application date for enrollment in the central background registry

(7) Fees for each name checked through OSP CCH and child abuse and neglect systems are as follows:

(a) No charge for designated Department employees; and

(b) The Department will charge the subject individual up to the amount equal to the cost incurred by the Department for criminal record checks and child abuse and neglect checks and enrollment in the Central Background Registry, to be paid at the time of application.

[ED. NOTE: Forms referenced in this rule are available from the agency.]

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 17-2022, minor correction filed 10/04/2022, effective 10/04/2022
ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019
ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 4-2006, f. 7-13-06, cert. ef. 7-14-06
CCD 1-2006(Temp), f. & cert. ef. 3-16-06 thru 9-12-06
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0075 Duty of Subject Individuals

A subject individual who is conditionally enrolled or enrolled in the CBR shall inform the Department within 30 days of the date of any change in their mailing address, phone number or email listed on their application materials.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030, HB 2259 (2017)
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 3-2018, adopt filed 02/08/2018, effective 09/30/2018

Or. Admin. R. 414-061-0080 Procedures for Conducting FBI Criminal History Checks

(1) An FBI criminal records check will be done on all subject individuals who:

(a) Are currently enrolled in the CBR; or

(b) Are submitting an application for enrollment in the Department’s Central Background Registry.

(2) The subject individual shall supply to the Department the following information:

(a) One properly completed FBI fingerprint card, with printing in the "reason fingerprinted" block that reads “License/Certificate/Permit ORS181A.195”; and

(b) A properly completed "Instructions to Authorized Fingerprinter" form; or

(c) Electronically submitted fingerprints through a Department designated fingerprinter. The "reason fingerprinted" field must read "License/Certificate/Permit”.

(3) The Department will review the criminal records information and any additional information and will determine whether or not a subject individual may be enrolled, suspended or removed in or from the Central Background Registry.

(4) Individuals currently enrolled in the Central Background Registry or with pending applications for enrollment in the Central Background Registry will receive a request to complete an FBI criminal records check from the Department and must complete the FBI criminal records check by the date indicated on the request.

(5) Failure to complete and pass the FBI criminal records check is a basis for suspension of enrollment in the Central Background Registry, removal from the Central Background Registry, or denial of the application.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030, HB 2259 (2017)
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 8-2017, f. & cert. ef. 8-3-17
Reverted to ELD 3-2015, f. & cert. ef. 2-3-15
ELD 1-2017(Temp), f. & cert. ef. 1-26-17 thru 7-24-17
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 5-2005, f. 12-29-05, cert. ef. 1-1-06
CCD 3-2005(Temp), f. & cert. ef. 8-16-05 thru 2-12-06
CCD 6-2004, f. & cert. ef 12-17-04
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0090 Central Background Registry Enrollment Procedures

(1) A subject individual shall be approved for enrollment that is not a conditional or limited enrollment in the Central Background Registry if the Department has determined that the individual:

(a) Has provided all information and/or documents requested by the Department;

(b) Has no history as described in OAR 414-061-0045, 414-061-0050, or OAR 414-061-0075 or has dealt with the issues and provided adequate evidence of suitability;

(d) Has paid the applicable fee; and

(e) Has complied with the rules of the Department adopted pursuant to the Central Background Registry (OAR 414-061-0000 through 414-061-0120).

(2) A subject individual:

(a) May be approved for or have their enrollment changed to a limited enrollment in the Central Background Registry as agreed to in writing by the subject individual and the Department.

(b) Who is a household member of a subsidized care facility may be approved for a limited enrollment in the Central Background Registry that does not allow unsupervised access to child care children unrelated to the subject individual if the Department has determined that the individual:

(A) Has provided all information and/or documents requested by the Department;

(B) Has completed the application;

(D) Has complied with the rules of the Department adopted pursuant to the Central Background Registry (OAR 414-061-0000 through 414-061-0120); and

(E) Is a household member of a subsidized care facility that is not registered or certified by the Department;

(F) Does not have a conviction for a disqualifying crime listed in 45 CFR 98.43(c);

(G) Is the parent or a caretaker relative with primary responsibility for a child needing care; and

(H) Needs child care in order to participate in the JOBS program or they are eligible for the ERDC subsidy program.

(3) All enrollments in the Central Background Registry shall expire five years from the date of enrollment, unless suspended or removed sooner, and may be renewed upon application to the Department, payment of the required fee and compliance with the rules adopted by the Early Learning Council pursuant to the Central Background Registry (OAR 414-061-0000 through 414-061-0120). The five-year enrollment period shall include the time the subject individual was enrolled prior to entering into an agreement changing the enrollment to a limited enrollment.

(4) A subject individual who has been enrolled in the Central Background Registry will be notified by the Department of the individual’s enrollment and the enrollment dates. Notification of enrollment status may be sent via email at the request of the individual. Such notification will not be sufficient evidence of enrollment for employment by a requesting agency.

(5) A subject individual may be conditionally enrolled in the Central Background Registry pending the results of an FBI criminal records check if the individual has been determined to be suitable based on their application having no disclosures of negative foster care history or a substantiated finding of adult abuse or neglect, and, in this state and in the state of the individual's residence, if other than Oregon, no state disqualifying criminal records information as outlined in OAR 414-061-0045, no category I or II crime as listed in OAR 414-061-0050, and no negative child abuse and neglect information.

(a) The five-year enrollment period shall include the time the subject individual was conditionally enrolled.

(b) A conditionally enrolled subject individual who has subsequently been determined not to be suitable based on FBI criminal records information, criminal records or child abuse and neglect records from other states of prior residence, or any other information that was not disclosed on the application that the Department becomes aware of, shall be suspended or removed from the Central Background Registry, according to the provisions of OAR 414-061-0110.

(c) A conditionally enrolled subject individual who is subsequently determined to be suitable based on FBI criminal records information or criminal records or child abuse and neglect records from states of prior residence shall be enrolled in the Central Background Registry.

(d) A conditional enrollment will expire if the subject individual has not been enrolled in the Registry within one year of the conditional enrollment.

(e) A subject individual with conditional enrollment shall not have unsupervised access to child care children at any time.

(f) A subject individual with limited enrollment may have access to their own child at their own residence or any other location, or as provided by the written agreement between the individual and the Department. The Department may disclose the terms of the limited enrollment to any requesting agency.

(6) If an application for renewal and payment of the required fee is received by the Department at least 14 days prior to the expiration date of the current enrollment, the enrollment remains in effect until the Department has acted upon the application for renewal and given notice of the action taken. This subsection does not apply to a renewal application submitted by an individual who is removed from the Central Background Registry at the time of submission of the renewal application.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 8-2021, amend filed 10/27/2021, effective 10/27/2021
ELD 4-2021, temporary amend filed 06/24/2021, effective 06/28/2021 through 12/24/2021
ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019
ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0100 Denial Procedures

(1) A subject individual may be denied enrollment in the Central Background Registry if the individual:

(a) Has been determined not suitable;

(b) Has misrepresented information or failed to submit requested information or documentation;

(c) Has been charged with, arrested for, or a warrant for a Category I or Category II crime in OAR 414-061-0050 with final disposition not yet reached;

(d) Has an open child abuse or neglect investigation, or a substantiated finding of abuse or neglect against an adult, or law enforcement case with final disposition not yet reached;

(e) Is in a diversion program or similar agreement and has failed to provide written documentation of compliance with the terms of diversion or the agreement; or

(f) Has been charged with, arrested for, or has a warrant for a crime listed in OAR 414-061-0045(1)(d) or of a crime from another jurisdiction that is substantially similar.

(2) A subject individual may appeal the Department’s determination not to enroll the subject individual in the Central Background Registry, pursuant to OAR 414-061-0120.

(3) A subject individual who has been denied enrollment in the Central Background Registry due to a determination of unsuitability shall not be eligible for enrollment in the Registry for five years from the date of denial, except as set forth in OAR 414-061-0100(4).

(4) A subject individual shall be eligible for limited enrollment in the Central Background Registry at any time and regardless of whether the individual was previously denied if the individual meets the criteria for limited enrollment as set forth in OAR 414-061-0090(2)(b)(A) through (H).

(5) A subject individual who has been determined to be ineligible for enrollment in the Central Background Registry due to conviction of a crime listed in OAR 414-061-0045(1)(d) or convicted of a crime from another jurisdiction that is substantially similar, may apply for enrollment in the Registry after five or more years since the date of their last conviction.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030 & HB3558 (2023)
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019
ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019
ELD 14-2019, minor correction filed 05/29/2019, effective 05/29/2019
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 7-2016, f. & cert. ef. 12-19-16
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 5-2004, f. & cert. ef. 11-16-04
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0110 Removal Procedures

(1) An individual enrolled in the Central Background Registry shall be removed or suspended from the Registry by the Department if, during the period of enrollment, the individual;

(a) Has been determined not suitable for enrollment in the Registry;

(b) Has misrepresented information or failed to submit requested information or documentation;

(c) Is in a diversion program or similar agreement and has failed to provide written documentation of compliance with the terms of diversion or the agreement; or

(d) Has a disqualifying condition listed in OAR 414-061-0045.

(2) The Department may immediately, and without prior hearing, remove or suspend a subject individual from the Central Background Registry when, in the opinion of the Department, such action is necessary to protect children from physical or mental abuse or a substantial threat to health and safety. Such action may be taken before an investigation is completed.

(3) The Department may reinstate a subject individual in the Central Background Registry if the condition(s) that resulted in the suspension is corrected.

(4) When a subject individual is removed or suspended from the Central Background Registry, the Department will notify the subject individual and the requesting agencies which have inquired about the subject individual's enrollment of the removal or suspension.

(5) A subject individual who has been removed from the Central Background Registry and has not subsequently been re-enrolled shall not be eligible for enrollment in the Registry for five years from the date of removal, except as provided by OAR 414-061-0100(4).

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017) & HB3558 (2023)
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 7-2016, f. & cert. ef. 12-19-16
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 5-2004, f. & cert. ef. 11-16-04
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Or. Admin. R. 414-061-0120 Rights for Review and Contested Case Hearings

(1) The Department shall afford subject individuals the right to appeal a decision made by the Department that the subject individual is denied, suspended, or removed from enrollment from the Central Background Registry through a contested case hearing pursuant to ORS 183.413 through 183.470. Subject individuals must submit a request for a contested case hearing in writing.

(2) The Department does not have authority to change decisions, records, or information from other agencies.

(3) The Department is entitled to rely on the criminal records, child abuse and neglect records and information, foster care and adult protective services records and information or child abuse and neglect information until notified that the information has been changed or corrected in a manner that would alter the the Department's decision.

(4) To preserve the confidentiality of the records and the privacy of the subject individual, any contested case hearing will not be open to the public unless requested by the subject individual.

(5) A subject individual who is also an employee of the licensing unit of the Department and who is determined unsuitable for enrollment in the Central Background Registry may appeal the determination through either the contested case process or applicable personnel rules, policies and collective bargaining provisions. A subject individual's decision to appeal a determination through personnel rules, policies and collective bargaining provisions shall constitute an election of remedies as to the rights of the subject individual with respect to the disqualification determination and shall constitute waiver of the contested case process.

History

Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017)
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 7-2016, f. & cert. ef. 12-19-16
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98

Division 70 PROCUREMENT RULES

Or. Admin. R. 414-070-0000 Policies

(1) These Rules simplify, clarify and modernize Public Contracting pursuant to ORS 279A.015(1).

(2) These Rules provide a foundation for ethical and fair dealing in Public Contracting, designed to instill public confidence pursuant to ORS 279A.015(2).

(3) The promotion of efficient use of resources pursuant to ORS 279A.015(3) includes but is not limited to Sustainability. Pursuant to ORS 184.421, "Sustainability" means using, developing and protecting resources in a manner that enables people to meet current needs and provides that future generations can also meet future needs, from the joint perspective of environmental, economic and community objectives. ORS 184.421(1) sets forth the goals for the State of Oregon regarding Sustainability and provides that in conducting internal operations the Department must seek to achieve the following objectives:

(a) Department purchases should be made so as to serve the broad, long term financial interests of Oregonians, including ensuring that environmental, economic and societal improvements are made so as to enhance environmental, economic and societal well-being;

(b) Investments in facilities, equipment and durable goods should reflect the highest feasible efficiency and lowest life cycle costs;

(d) Department operations and purchases should help maintain vital and active downtown and main street communities;

(e) Department purchases should help support opportunities for economically distressed communities and historically underemployed people;

(f) Department operations should be conducted in ways that significantly increase the efficient use of energy, water and resources;

(g) Department operations and purchases should reflect the efficient use and reuse of resources and reduction of contaminants released into the environment.

(4) These Rules clearly identify and implement each of the legislatively mandated socioeconomic programs identified pursuant to ORS 279A.015(4).

(5) "Arriving at best value" pursuant to ORS 279A.015(5) means selecting a Provider based on a determination of which Providers' proposals offer the best trade-off between price and performance, in which quality is considered an integral performance factor. The selection may be based on evaluation factors including but not limited to:

(a) The total cost of ownership, including the cost of acquiring, operating, maintaining and supporting Supply and Services, Public Improvements, and Architectural, Engineering and Land Surveying and Related Services, or any combination thereof, over its projected lifetime;

(b) The technical merit of the Proposer's proposal; and

(c) The probability of the Proposer performing the requirements stated in the Solicitation on time, with high quality and in a manner that accomplishes the stated business objectives.

(6) The Department must conduct Public Contracting to further the policies set forth in ORS 279A.015, elsewhere in the Code, and in these Rules.

History

Statutory/Other Authority: ORS 279A.065(5)(a), ORS 279A.050 & 279A.070
Statutes/Other Implemented: ORS 279A.015
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0005 Procurement Authority

(1) Pursuant to ORS 279A.050, the Department adopts these rules to supplement the DOJ Model Rules on general provisions related to public contracting as promulgated by the Attorney General effective as of January 1, 2024. These rules apply to the Department’s exercise of procurement authority under ORS 279A.050. These rules supplement the rules contained in Chapter 137, Divisions, 45, 46, and 47. In the event of a conflict between such rules and these rules, these rules control.

(2) The Department must conduct all Procurements and administer the contracting for Supplies and Services; Architectural, Engineering and Land Surveying Services, and Related Services; and Public Improvements for the Agencies, unless delegated, according to ORS 279A.140 and 279C.105(1). Delegations of Authority in accordance with OAR 414-070-0010 do not relieve the Department of this responsibility.

(3) The Department and its Director are the Contracting Agency described in the Public Contracting Code and represent the Department. The Designated Procurement Director receives delegated Authority according to OAR 414-070-0010.

(4) Any person conducting a Procurement or administering a Contract for the Department, as defined in ORS 279A.010(1)(b), must have education, training, professional experience, or a combination thereof that, at a minimum, and in accordance with standards established by the Department of Administrative Services pursuant to ORS 279A.159 and rules promulgated thereunder, adequately prepares the person to:

(a) Develop specifications and develop or adapt solicitation documents for a Procurement;

(b) Read critically, understand, interpret and apply terms and conditions set forth in Public Contracts of the scope and nature for which the person is or will be responsible;

(c) Draft scopes of work, statements of work, contract amendments, change orders, insurance requirements, notices and other documents and communications that are necessary to conduct a Procurement or administer a Public Contract of the scope and nature for which the person is or will be responsible;

(d) Monitor a contractor’s performance under a Public Contract to ensure that the contractor performs services, provides goods or supplies materials according to the schedule, pricing, specifications and terms and conditions set forth in the Public Contract;

(e) Manage relations between the Department and contractors so that contractors meet obligations to the Department and the contracting Department meets obligations to contractors;

(f) Recognize and investigate emerging disputes or other risks, unique requirements, unusual situations or other issues that arise in connection with a Procurement and formulate appropriate responses and resolutions, seeking advice from legal counsel, risk management personnel or other persons when necessary;

(g) Understand auditing requirements and procedures that apply to Procurements of the scope and nature for which the person is or will be responsible and organize and maintain appropriate documentation and administrative practices that meet the auditing requirements; and

(h) Follow regular business and office procedures, implement applicable Department policies and procedures and otherwise conduct Procurements or administer Public Contracts for the Department in accordance with best practices.

History

Statutory/Other Authority: ORS 279A.050
Statutes/Other Implemented: ORS 279A.050(1)(2)
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0010 Delegation of Authority

(1) Generally.

(a) Purpose. This rule delegates the procurement Authority of the Department (Authority). Only this rule delegates this Authority.

(b) Authority of the Department. The Department is specifically authorized by ORS 279A.050 to enter into a contract.

(c) Authority of the Director. According to ORS 279A.140, the Department must conduct all Procurements, including Contract Administration, for the Department pursuant to its Authority under ORS 279A.050. Other Sections of the Code authorize specific actions by the Director of the Department. According to ORS 279A.050(1) and (2), this Authority of the Department vests only in the Director of the Department. The Director is ultimately responsible for the Procurement of the Department.

(2) Delegation to Individuals in the Department.

(a)The Director of the Department delegates Authority to the Designated Procurement Director of the Department. The Designated Procurement Director of the Department may subdelegate the Authority to execute Contracts, as described in subsection (2)(b)(F), to other individuals within their respective Department Agency, provided this subdelegation is in accordance with a Written alternative subdelegation plan, maintained on file with the Department’s Designated Procurement Director. Each individual in this chain of delegation remains responsible for the exercise of Authority by that individual’s subdelegatees, and subdelegation does not waive this responsibility.

(b) Duties and Responsibilities of Designated Procurement Director. The Authority, duties and responsibilities of the Designated Procurement Director, according to (2)(a)(A), are as follows:

(A) Serve as the exclusive supervisor and manager of the Department’s Procurement system;

(B) Conduct, supervise and manage the Procurement and the Procurement Process for the Department in accordance with the Code and these Rules, except for those Procurements conducted by a delegatee to whom the Designated Procurement DirectorDirector has delegated Authority;

(D) Issue Solicitations and implement other non-Solicitation methods for all Procurements of the Department in accordance with the Code and these rules;

(E) Award Contracts only as authorized in accordance with this rule;

(F) Execute Contracts, which means causing the signing of Contracts and performance of all necessary formalities to bring the Contracts into their final, legally enforceable forms. If the Designated Procurement Director is unable to make a Commitment of Funds as described in OAR 414-070-0010 then the head of the Department may follow an alternative subdelegation plan in accordance with Subsection (2)(a)(B)(i).

(G) Comply with the reporting requirements and the training and certification requirements of the Code, these rules, and Department policies;

(H) Monitor sourcing decisions, Procurements, development of Contracts, awarded Contracts, Contract compliance, spend, Delegations, Special Procurements, exemptions, and exceptions. Monitoring Contract development, awards, and compliance applies to all Delegations;

(I) Based upon the monitoring described in subsection (2)(b)(H), determine opportunities, establish targets, and utilize methods according to ORS 279A.200 through 279A.220 and 279B.055 through 279B.085 to optimize savings consistent with strategic sourcing; and

(J) Conduct Cost Analyses, approve Feasibility Determinations and Exceptions, and otherwise comply with

(c) Delegation by Rule Based Upon Thresholds. By this rule, the Director of the Department delegates Authority, to the Department’s procurement staff subject to section (2)(a)(A) and (B), for the following Procurements, including Contract Administration:

(A) Small Procurements of Supplies and Services up to and including the Threshold of $25,000, according to ORS 279B.065 and related rules;

(B) Procurements of Supplies and Services greater than $25,000 and not exceeding $250,000, and Amendments of Contracts resulting from these Procurements, according to ORS 279B.070 and any related policy;

(C) Informal Selection Procedures of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services according to ORS 279C.110 provided that the Authorized Agency follows the requirements as set forth in the policy of the Department;

(D) Competitive Quotes for Public Improvements estimated not to exceed $100,000, provided that the Authorized Agency follows the requirements as set forth in the policy of the Department;

(E) Competitively Sealed Bidding not exceeding $250,000 and according to 137-047-0255;

(F) Competitively Sealed Proposals not exceeding $250,000 and according to 137-017-0260;

(G) Sole-Source Procurements not exceeding $250,000 and according to ORS 279B.075 and OAR 414-070-0340;

(H) Special Procurements in accordance with OAR 137-047-0285 not exceeding $250,000. This is the Authority to use the Special Procurement. Approval of the Special Procurement method must be requested from the State Chief Procurement Officer pursuant to OAR 125-247-0287.

(I) Contract Administration as follows:

(i) For Contracts and Ordering Instruments authorized according to this section (2)(c) and (d), the Contract Administration of these Public Contracts and Ordering Instruments, including but not limited to: appropriate payment approvals, ordering in accordance with the terms of Department Price Agreements, and the oversight of the Provider(s); but excluding the Contract Administration described in Subsection (v) below;

(ii) The daily or routine Contract Administration of Ordering Instruments placed against Department of Administrative Services Price Agreements and Contracts procured by the Department. This daily or routine Contract Administration includes but is not limited to: appropriate payment approvals, ordering in accordance with the terms of Department of Administrative Services Price Agreements, and the oversight of the Provider(s);

(iii) Activities specified in Writing by the Department’s Designated Procurement Director or delegatee;

(iv) Activities specified in a related policy of the Department; and

(v) Despite subsection (2)(c)(L)(i) through (iv) above, this Delegation by subsection (2)(c)(L) does not include:

(I) The Contract Administration of Department of Administrative Services Price Agreements; or

(II) For Contracts procured by the Department of Administrative Services on behalf of the Department, Amendments when the amended value of Contract exceeds $250,000; and terminations of such Contracts when the amended value of such Contract exceeds $250,000.

(vi) A statewide Department of Administrative Services Price Agreement should clearly state what, if any, threshold limitation applies to the delegated Authority to use the Price Agreement.

(d) Delegation by rule Based Upon Type. By this rule, the Director of the Department delegates Authority to the Department’s procurement staff subject to section (2)(a) and (B), for the following Procurements, including Contract Administration:

(A) Emergency Procurements, in accordance with ORS 279B.080, 279C.335(5), 137-047-0280, or related rules;

(B) One-time, nonrepetitive Joint Cooperative Procurements in accordance with 137-046-0430 provided that:

(i) No such Procurement results in a Permissive Cooperative Procurement that is open to any Department outside of those Departments jointly named in the original Procurement;

(ii) No such Procurement of Supplies and Services exceeds the Threshold of $250,000, including all Amendments, according to 137-047-0800;

(iii) The Department must follow any related policy of the Department of Administrative Services.

(C) Federal program Procurements not exceeding $250,000 or according to a delegation agreement with the State Chief Procurement Officer, and in accordance with ORS 279A.180 and related rules;

(D) Brand Name Specification Determinations for Solicitations in accordance with OAR 125-247-0691; and

(E) Brand Name Specification Determinations for Sole Source Procurements not exceeding $250,000 and according to OAR 414-070-0350.

(F) Buy Decision in accordance with OAR 414-070-0200. The Department’s delegated Authority to use each Priority Source in the Buy Decision is not to exceed $250,000.

(G) Maintain a file of Written subdelegation Authority granted and revoked under these Rules in accordance with the law;

(H) Provide guidance and leadership on Procurement matters to Agencies and their employees;

(I) Establish standards of required education, training, or experience and provide training and instruction opportunities to assure Department staff and Agency staff are equipped with necessary knowledge and skills to comply with requirements of the Public Contracting Code, Rules, and Department policy related to Procurement;

(J) Monitor sourcing decisions, Procurements, development of Contracts, awarded Contract, Contract compliance, spend, Delegations, Special Procurements, exemptions, and exceptions. Report these matters to the Authorized Agency and Director as appropriate. Monitoring Contract development, awards, and compliance applies to all Delegations;

(K) Based upon monitoring described in subsection (3)(b)(H), determine opportunities, establish targets, and utilize methods according to ORS 279A.200 through 279A.220 and 279B.055 through 279B.085 to optimize savings consistent with strategic sourcing.

(L) Appoint procurement advisory committees to assist with Specifications, procurement decisions, and structural change that can take full advantage of evolving procurement methods as they emerge within various industries, while preserving competition according to ORS 279A.015.

History

Statutory/Other Authority: ORS 279A.050, ORS 279A.140 & ORS 279A.075
Statutes/Other Implemented: ORS 279A.050, ORS 279A.140 & ORS 279A.075
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0100 Electronic Procurement System (OregonBuys)

(1) The Electronic Procurement System, known as OregonBuys, an Internet-based, on-line system, is the official publication forum for state Procurement notices and advertisements, as functionality allows, by the Department.

(2) The Department must use OregonBuys or other Electronic Procurement System approved by the Designated Procurement Director to comply with the reporting requirements for:

(a) Agreements under ORS 190 in accordance with OAR 414-070-0330; and

(b) Special Procurements in accordance with 137-047-0285 (12).

(3) In accordance with ORS 200.035, any applicable related Governor’s Executive Order regarding Oregon Minority-owned, Women-owned, Veteran-owned, and Emerging Small Businesses, and applicable related Department of Administrative Services statewide policy, the Department must use OregonBuys or other Electronic Procurement System approved by the Designated Procurement Director, to:

(a) Give Timely Notice of the Department’s intent to advertise or solicit Bids or Proposals; and

(b) Give Timely Notice when the Contract is awarded. As used in ORS 200.035 and this rule, “Timely Notice” means at the time the Department advertises or solicits Bids or Proposals and at the time the Department publicly releases the Contract.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.065, ORS 279A.070 & ORS 279A.140
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0200 Buy Decision and Methods of Source Selection

(1) Buy Decision. The Buy Decision means the decision to buy Supplies and Services through socio-economic programs, agreements, or the open market (Source). The Department is not required to make a Buy Decision based on the lowest price. See the specific law for the Authority to use each Source.

(2) Priority. The Department must make their Buy Decision in the priority order set forth in subsections (a) through (d) and in accordance with applicable law (Priority). If a higher Priority Source satisfies a Procurement and law requires the use of that Source, the Department must procure through that higher Priority Source and may not elect to procure through a lower Priority Source.

(a) Oregon Forward Contractors (OFCs) (formerly known as Qualified Rehabilitation Facilities (QRFs). Procuring from OFCs assists individuals with disabilities through gainful employment (see ORS 279.835 through 279.855 and OAR 125-055-0005 through 125-055-0045).

(b) Inmate Labor. See the Oregon Constitution, Article I, Section 41, subsection 11, which encourages the use of inmate work programs.

(c) Statewide Department of Administrative Services Price Agreement. Economy and efficiency are promoted through volume and strategic purchases. To determine if a Price Agreement exists and whether it is mandatory, use OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer and perform a “Statewide Contract Search” or an “Award Search” for “active” Contracts. Under ORS 279A.140, DAS has the procurement Authority to establish and administer statewide Price Agreements, and in accordance with the terms of each Price Agreement, DAS delegates to the Department the Authority to use these Statewide Department Price Agreements. A statewide Price Agreement should clearly state what, if any, threshold limitation applies to the delegated Authority to use the Price Agreement. If a statewide Price Agreement is silent or unclear on the threshold limitation on the delegated Authority to use the Price Agreement, the Department’s delegated Authority to use the Price Agreement is not to exceed $250,000.

(3) ORS 190 Agreement. Section (2) does not apply to ORS 190 Agreements that promote the use of existing state resources, including an Interagency Agreement, Intergovernmental Agreement, Interstate Agreement, International Agreement, or Tribal Agreement (see OAR 414-070-0330). The Department may elect to use an ORS 190 Agreement at any time.

(4) Open Market. If sections (2) and (3) do not apply, the Department may procure Supplies and Services through the open market, using the methods provided under the Public Contracting Code, related Rules, and policies. See ORS 279AB.

(5) Methods of Source Selection. The Department must award a Contract for Supplies and Services by one of the following seven sourcing methods in accordance with the Code and related Rules:

(a) Competitive Sealed Bidding according to ORS 279B.055;

(b) Competitive Sealed Proposals according to ORS 279B.060;

(d) Intermediate Procurement according to ORS 279B.070;

(e) Sole-Source Procurement according to ORS 279B.075;

(f) Emergency Procurement according to ORS 279B.080; or

(g) Special Procurement according to ORS 279B.085. A Cooperative Procurement in accordance with OAR 137-047-0290 substantially uses a Competitive Sealed Bidding or Competitive Sealed Proposals method.

History

Statutory/Other Authority: ORS 279A.065(5)(a), ORS 279A.050 & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279B.050 & ORS 279A.070
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0300 Contract Administration; General Provisions

(1) Authority. Procurements include Contract Administration. The Authority for the Department to conduct Contract Administration is found in OAR 414-070-0010 and is subject to the requirements of ORS 279A.159 and OAR 414-070-0005.

(2) Contract Administrator. The Department must appoint, in Writing, a Contract Administrator to represent the Department for each Contract. The Contract Administrator may delegate in Writing a portion of the Contract Administrator's responsibilities to a technical representative for specific day-to-day administrative activities for each Contract.

History

Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.050, ORS 279A.070, ORS 279A.065(5) & ORS 279A.159
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0310 Procurement Files

(1) Application. This rule applies to Procurement Files.

(2) Required Documentation. All Procurement Files must contain:

(a) All Written documents delivered to an Agency from the Department, whether the documents relate to approvals, revocations, orders, modifications, or other actions (Actions), related to the documents’ subject matter and Action;

(b) An executed Contract, if awarded, and any Ordering Instruments and Amendments (collectively, Contract);

(d) A copy of the Solicitation, if any;

(e) The Contract Administrator and any delegates;

(f) Any required findings or statement of justification for the selection of the Provider and sourcing method according to ORS 279A.200 through 279A.220 (Cooperative Procurement); 279B.055 through 085 (seven methods for Supplies and Services); 279C.100 through 279C.125 (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services); or ORS 279C.300 through 279C.450 (Public Improvements);

(g) Documentation of Contract Administration according to OAR 414-070-0300 and if required by the selected procurement method:

(A) A list of prospective Providers notified of any Solicitation;

(B) The method used to advertise or notify prospective Providers;

(D) The record of any Negotiation of the Statement of Work and results;

(E) All information describing how the Provider was selected, including the method and basis for awarding the Contract;

(F) A copy of the Request for Special Procurement, if any;

(G) Documentation related to Cooperative Procurements according to OAR 137-027-0290.

(3) Time Period. The Department must maintain Procurement Files, including all documentation, for a period in compliance with OAR 166-300-0015(8) and any other applicable laws.

History

Statutory/Other Authority: ORS 279A.050 & ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.065(5), ORS 279A.070 & ORS 279A.140
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0320 Reinstatement of Expired Contract; Retroactive Approval of Existing Contract

(1) Application. This rule applies to the reinstatement of expired or terminated Contracts (expired Contracts) and the retroactive approval of existing Contracts procured by the Department for Supplies and Services and for Architectural, Engineering and Land Surveying Services or Related Services (“Contracts”). This rule does not apply to mistakes that may occur in the solicitation process (see OAR 137-047-0470).

(2) Requirements to Reinstate an Expired Contract.

(a) Before expiration, the Contract was properly signed by all parties;

(b) Then the signed Contract expired;

(A) To fulfill its term, up to the maximum time period provided in the Contract or Solicitation; or

(B) To complete one or more deliverable(s) included within the Contract’s Scope at the time of its expiration;

(d) The Department documents in the Procurement File the deliverable(s) to be completed at the time of the expired Contract’s reinstatement; and

(e) If the Contractor has performed work under the Contract, the reinstatement does not apply to payments made for work performed between the expiration of the Contract and the date of any reinstatement.

(3) Requirements to Retroactively Approve an Existing Contract.

(a) The Contract exists and has not expired;

(b) The Contract was signed by all parties except that the required approval of the Designated Procurement Director (DPD) was lacking;

(c) If the Contractor has performed work under the Contract, the retroactive approval does not apply to payments made for work performed between the start of the Contract and the date of any retroactive approval.

(4) Process. For either a reinstatement of an expired Contract or retroactive approval of an existing Contract, the Department must meet the following conditions:

(a) The Department must submit a Written request to the Department’s Designated Procurement Director (DPD) if the Department is authorized under OAR 414-070-0010. If the Request is submitted to the DPD, the Department must follow its internal procedures.

(b) The Request must explain the following:

(A) The proposed reinstatement of the expired Contract or retroactive approval of the existing Contract.

(B) The background facts that led to the Request;

(D) The need for reinstatement of an expired Contract or retroactive approval of an existing Contract due to unforeseen or unavoidable conditions;

(E) The steps to prevent a reoccurrence. For examples:

(i) Improvement of Department’s internal policies and procedures; and

(ii) Provision of new training or retraining; and

(F) Acknowledgement that the Request is in the best interest of the Department.

(c) Obtain all other approvals required for the Contract, including but not limited to: Attorney General’s approval of legal sufficiency under ORS 291.047 or ratification under 291.049. The Department must obtain all other approvals required for the Contract before any reinstatement, extension of time under Subsection (6), or retroactive approval becomes binding.

(d) The DPD as described in Subsection (3)(a), must approve the Request.

(5) Effect of Approval.

(a) An approved reinstatement of an expired Contract makes the Contract in full force and effect, as if it had not expired.

(b) An approved retroactive approval of an existing Contract makes the Contract in full force and effect, as if it had been approved by the DPD when the Contract was formed.

(d) The Department may make an approved payment after any related Contract documents are signed by the necessary parties.

(6) Amendments of a Reinstated Contract.

(a) If the Department requests reinstatement of an expired Contract, the Request of the Department may also include a request to amend the reinstated Contract for time only. The DPD, as appropriate, may approve this Request, including the amendment.

(b) The Department may amend a reinstated or retroactively approved Contract for purposes other than time in accordance with OAR 137-047-0800.

(7) The Department may combine in one document a Reinstatement of a Contract in accordance with this rule, Retroactive Approvals of that Contract in accordance with OAR 414-070-0320, and its Amendment in accordance with 137-047-0800, as needed.

History

Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.050, ORS 279A.070 & ORS 279A.140
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0330 ORS 190 Agreements (Intergovernmental)

(1) Reporting 190 Agreements through OregonBuys. If the Department enters into an agreement under ORS 190.110, 190.420 or 190.485, or an agreement under ORS 190.112 or under ORS 660.342, the Department must submit a summary of the agreement through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer within the 30-day period immediately following the effective date of the agreement. The summary must include the following information:

(a) Names of the parties to the agreement;

(b) Date of the agreement;

(d) The Department through which a person may obtain a copy of the agreement.

(2) Interstate and International Agreements. Following ORS 190, the Department may enter into Interstate and International Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements.

(3) Tribal Agreements. Following ORS 190, the Department may enter into Tribal Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements.

(4) Interagency and Intergovernmental Agreements. Following ORS 190, the Department may enter into Interagency and Intergovernmental Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements.

(5) All Interstate, International, Tribal, Interagency and Intergovernmental Agreements, when required, are subject to review and approval by the Attorney General.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 190.110,, ORS 190.112, ORS 190.420, ORS 190.485, ORS 279B.085, ORS 660.342 & ORS 279A.070
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0340 Sole-Source Procurements

(1) Generally. The Department may award a Contract without a competitive process through a Sole-Source Procurement according to the requirements of ORS 279B.075 and this rule. The Department must make a determination of a sole source based upon Written findings of fact that the Supplies and Services are available from only one source.

(2) Findings of Fact. Findings of fact required under OAR 414-070-0340(1) may include:

(a) Compatibility. The efficient utilization of existing Supplies and Services requires the acquisition of compatible Supplies and Services from only one source. For example, compatibility may be implicated when: Supplies are required to directly interface with or attach to equipment of the same manufacturer and no other manufacturer’s Supplies will correctly interface with existing equipment; or when Services such as maintenance, warranty, project management, or systems integration are required to interface or integrate with existing Supplies and Services.

(b) Exchange of Software or Data. Specific Supplies and Services, which are available from only one source, may be required for the exchange of software or data with other public or private agencies. This finding may be particularly applicable when the Supplies and Services involve assets such as copyrights, patents, trademarks, and trade secrets.

(c) Pilot or Experimental Project. Supplies and Services are for the use in such projects, which may include but are not limited to research and economic development projects.

(d) Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

(3) Market Research. ORS 279B.075 requires that the Department “determines in writing” that the goods or services are “available from only one source.” This means that the Department must conduct and document its market research before public notice described in Section (4) or (5).

(4) Contracts up to $250,000. For all Contracts awarded through Sole-Source Procurements over $25,000 and not exceeding $250,000:

(a) The Department must place a public notice on OregonBuys or other Electronic Procurement System of its determination that the Supplies and Services or class of Supplies and Services are available from only one source.

(b) The public notice must describe the Supplies and Services to be acquired through a Sole-Source Procurement and identify the prospective Contractor and include the date, time, and place that protests are due.

(c) The Department must give Affected Persons at least seven calendar (7) Days from the date of the public notice of the determination that the Supplies or Services are available from only one source to protest the determination under OAR 137-047-0710.

(d) The Department must obtain the Written approval of that Department’s Designated Procurement Director or delegatee before the Department places a public notice on OregonBuys or other Electronic Procurement System approved by the DPD in accordance with this Section.

(5) Contracts over $250,000. For all Contracts awarded through Sole-Source Procurements exceeding $250,000:

(a) The Department must place a public notice on OregonBuys or other Electronic Procurement System in accordance with Subsections (4)(a)-(c); and

(b) The Department must obtain the Written approval of the Deputy Director of the Department before the Department places a public notice on OregonBuys or other Electronic Procurement System approved by the DPD in accordance with this Section.

(6) Negotiation. According to ORS 279B.075 and to the extent reasonably practical, the Department must negotiate with the sole source to obtain contract terms advantageous to the Department.

(7) Protest. An Affected Person may protest the Department’s determination that the Supplies and Services or class of Supplies and Services are available from only one source in accordance with OAR 137-047-0710.

(8) Brand Name Requirements. If the findings of fact required under this rule include a specification of a Brand Name, that specification must be in accordance with ORS 279B.215 and OAR 414-070-0350.

(9) Legal Sufficiency Review. When legal sufficiency review by the Attorney General is required under ORS 291.047, the Department must seek this approval.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065(5)(a) & ORS 279B.075
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0350 Brand Name or Equal Specification

(1) Applicability and Use. This rule applies to Specifications for a Solicitation or class of Solicitations. For a Solicitation or class of Solicitations under ORS 279B.060, 279B.065, 279B.070, 279B.085, or 279A.200–279A.225, as provided in 279B.215:

(a) A brand name or equal Specification may be used when the use of a brand name or equal Specification is advantageous to the Department, because the brand name describes the standard of quality, performance, functionality and other characteristics of the product needed by the Department.

(b) The Department is entitled to determine what constitutes a product that is equal or superior to the product specified, and any such determination is final.

(c) Nothing in this Subsection may be construed as prohibiting the Department from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the Department.

(2) Determination. A brand name Specification may be prepared and used only if the Department determines for a Solicitation or a class of Solicitations that only the identified brand name Specification will meet the needs of the Department, based on one or more of the following Written determinations:

(a) That use of a brand name Specification is unlikely to encourage favoritism in the awarding of Public Contracts or substantially diminish competition for Public Contracts;

(b) That use of a brand name Specification would result in substantial cost savings to the Department;

(c) That there is only one manufacturer or seller of the product of the quality, performance or functionality required; or

(d) That efficient utilization of existing Goods requires the acquisition of compatible Goods or Services.

(3) The Department’s use of a brand name Specification may be subject to review only as provided in ORS 279B.405.

(4) Single Manufacturer, Multiple Sellers. The Department may prepare and use a brand name or equal Specification for Supplies and Services available from only one manufacturer, but available through multiple sellers, if the Department complies with Sections (1) and (2) of this rule and the following requirements:

(a) If the total purchase is $25,000 or more but does not exceed $250,000 and Supplies and Services are not available under an existing Mandatory Use Contract, the Department must obtain informal, competitive Quotes, Bids, or Proposals and document this process in the Procurement File according to ORS 279B.070 and OAR 137-047-0270;

(b) If the purchase exceeds $250,000, and the Supplies and Services are not available under an existing Price Agreement for information technology with competing products or a Mandatory Use Contract, the Department must first request and obtain prior Written authorization from the Designated Procurement Director to proceed with the acquisition(5) Single Manufacturer, Multiple Purchases. If the Department intends to make several purchases of brand name-specified Supplies and Services from a particular manufacturer or seller for a period not to exceed five (5) years, the Department must so state this information in: the Procurement File; the Solicitation Document, if any; or a Public Notice of a solicitation on OregonBuys or other Electronic Procurement System. If the Department estimates the total purchase amount to exceed $250,000, this estimate must also be stated in the Public Notice. This Section (5) does not apply to Department of Administrative Services Price Agreements, also known as Mandatory Use Contracts.

(5) Nothing in this rule exempts the Department from obtaining the approval of the Attorney General for legal sufficiency according to ORS 291.047.

(6) The Department must comply with ORS 200.035 and applicable related Department statewide policy, despite this rule.

History

Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279B.215 & ORS 279A.070
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0360 Fragmentation

A Procurement may not be artificially divided or fragmented so as to constitute a Small Procurement, pursuant to ORS 279B.065, or an Intermediate Procurement, pursuant to ORS 279B.070.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015 & ORS & 279B.065
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0370 Selling or Leasing Supplies and Services; Policy; Applicability; Methods

(1) Policy. A sound and responsive Public Contracting system, according to ORS 279A.015, may include purchasing, selling, and leasing activities. By definition, a Public Contract includes sales and leases by the Department according to ORS 279A.010(1)(z). The policies of ORS 279A.015 apply to public selling and leasing activities.

(2) Applicability. This rule applies to the sales and leases of Supplies and Services. This rule does not apply to residential property or the public selling activity of the Department, if the Department is specifically exempted from the Public Contracting Code by another provision of law or specifically authorized to conduct public selling or leasing activity by another provision of law. The sale or lease of Supplies and Services includes but is not limited to: concessions, software rights, and personal property.

(3) Methods. The Department must use a method, as feasible for selling or leasing, according to ORS 279B.055 through 279B.085. For the sale of Goods, the value of the sale transactions for the purpose of selecting the appropriate sourcing method must be based on the gross amount of receipts.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.010(x),, ORS 279A.070, ORS 279A.050(1)(2 & ORS 279A.015
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0380 Feasibility Determination, Cost Analysis and Department Report

(1) The Table of Contents for this rule is as follows:

(a) Section 2: Generally

(b) Section 3: Feasibility Determination

(d) Section 5: Decision: Comparison of Compensation and Other Costs

(e) Section 6: Decision: Comparison of Department and Contracting Costs

(f) Section 7: Department Evaluation and Report

(2) Generally.

(a) Before conducting a Procurement for Services, the Department must, in the absence of a Feasibility Determination under Section (3) of this rule, conduct a Written Cost Analysis under sections (4) through (6) of this rule (Cost Analysis).

(b) Responsibilities for the Conduct of the Cost Analysis.

(A) If the Department has Authority, the Department must conduct the Cost Analysis for its Agency-specific Procurements;

(B) If the Department does not have Authority, the Department must conduct the Cost Analysis for its Agency-specific Procurements to be procured by the Department of Administrative Services;

(C) At the Department of Administrative Services’s request, the Department must contribute to the Cost Analysis for statewide Price Agreement Procurements; and

(D) The Department of Administrative Services must conduct the Cost Analysis for statewide Price Agreement Procurements and Department of Administrative Services Procurements.

(c) This rule applies to a Procurement for Services that the Department estimates will result in one or more Contracts with a value that exceeds $250,000 for the estimated term of the Contract(s) (Value), including incidental costs related to the Services, and Amendments. The Department must not fragment to avoid this threshold (see OAR 414-070-0360).

(d) If a Procurement is conducted in accordance with this Rule, an Award is made, and one or more Amendments then increase the estimated contract’s value over $250,000, a Cost Analysis is not required at that time.

(3) Feasibility Determination. The Department may proceed with the Procurement of Services without conducting a Cost Analysis if the Department makes Written findings that one or more of the Special Circumstances described in subsection (3)(b) make the Department’s use of its own personnel and resources to provide the Services not feasible (Feasibility Determination).

(a) Approval of Feasibility Determination.

(A) The Designated Procurement Director or delegate (DPD) of the Department must approve the Feasibility Determination for its Procurement;

(B) If the Department does not have Authority, the DPD of the Department must approve the Feasibility Determination for the Department specific Procurement to be procured by the Department of Administrative Services on behalf of the Department;

(C) The State Chief Procurement Officer must approve the Feasibility Determination for a statewide Price Agreement Procurement or DAS-specific Procurement. At DAS’ request, the Department’s DPD must cooperate with the Department of Administrative Services to prepare the findings for the Feasibility Determination for a statewide Price Agreement Procurement.

(b) Special Circumstances. Special Circumstances include any circumstances, conditions or occurrences that would make the Services, if performed by the Department’s employees, incapable of being managed, utilized or dealt with successfully in terms of the quality, timeliness of completion, success in obtaining desired results, or other reasonable needs of the Department. Special Circumstances may include, but are not limited to, the follow circumstances:

(A) Expertise. The DPD approves a determination that the Department lacks the specialized capabilities, experience, or technical or other expertise necessary to perform the Services. In making the finding, the Department must compare the Department’s capability, experience or expertise in the field most closely involved in performing the Services with a potential contractor's capability, experience or expertise in the same or a similar field.

(B) Funding Requirement. The terms under which the Department receives a grant or other funds for use in a Procurement require the Department to obtain Services through an independent contractor;

(C) Law Requirement. Other state or federal law requires the Department to procure Services through an independent contractor;

(D) Real or Personal Property. The Procurement is for Services that are incidental to a contract for purchasing or leasing real or personal property, including service and maintenance agreements for equipment that is leased or rented;

(E) Conflict of Interest; Unbiased Review. The Department cannot accomplish policy, administrative or legal goals, including but not limited to avoiding conflicts of interest or ensuring independent or unbiased findings in cases when using the Department’s existing personnel or persons the Department could hire through a regular or ordinary process would not be suitable;

(F) Emergency Procurement. The Procurement is for Services to which the provisions of ORS 279B.080 apply;

(G) Delay. The Procurement is for Services, the need for which is so urgent, temporary or occasional that attempting to perform the Services with the Department’s own personnel or resources would cause a delay that would frustrate the purpose for obtaining the Services; and

(H) Services Completed within Six Months. The Services that the Department intends to procure will be completed within six months after the date on which the contract for the Services is executed.

(c) Procurement File. All written determinations required in this section (3) must be made a part of the Procurement File in accordance with OAR 414-070-0310.

(4) Cost Analysis: Estimation of Department and Contractor Data.

(a) Costs of Using Agency’s Own Personnel and Resources. The Department must estimate the Department’s cost of performing the Services and consider cost factors that include:

(A) Salaries or Wages and Benefits. The salary or wage and benefit costs for the employees of the Department who would be directly involved in performing the Services, to the extent those costs reflect the proportion of the activity of those employees in the direct provision of the Services. These costs include those salary or wage and benefit costs of the employees who inspect, supervise or monitor the performance of the Services, to the extent those costs reflect the proportion of the activity of those employees in the direct inspection, supervision or monitoring of the performance of the Services.

(B) Material Costs. The material costs necessary to the performance of the Services, including the costs for space, energy, transportation, storage, raw and finished materials, equipment and supplies used or consumed in the provision of the Services.

(i) Costs incurred in planning for, training for, starting up, implementing, transporting and delivering the Services.

(ii) Any costs related to stopping and dismantling a project or operation because the Department intends to procure a limited quantity of Services or to procure the Services within a defined or limited period of time.

(iii) The miscellaneous costs related to performing the Services, including but not limited to reasonably foreseeable fluctuations in the costs for the items identified in this subsection (4)(a) over the expected duration of the Procurement. These costs exclude the Department’s indirect overhead costs for existing salaries or wages and benefits for administrators and exclude costs for rent, equipment, utilities and materials, except to the extent the cost items identified in this sentence are attributed solely to performing the Services and would not be incurred unless the Department performed the Services.

(D) Other Information. The Department’s costs described in this subsection (4)(a)(A) do not constitute an exclusive list of cost information. The Department may consider other reliable information that bears on the cost to the Department of performing the Services. For example, if the Department has accounted for its actual costs of performing the Services under consideration, or reasonably comparable Services, in a relatively recent Services project, the Department may consider those actual costs in making its estimate.

(b) Costs a Potential Contractor Would Incur. The Department must estimate the cost a potential Contractor would incur in performing the Services and consider cost factors that include:

(A) Salaries or Wages and Benefits. The estimated salary or wage and benefit costs for a potential Contractor and potential Contractor’s employees who work in the business or industry most closely involved in performing the Services; and who would be necessary and directly involved in performing the Services or who would inspect, supervise, or monitor the performance of the Services.

(C) Related Costs. The miscellaneous costs related to performing the Services. These miscellaneous costs include but are not limited to reasonably foreseeable fluctuations in the costs listed in subsections (4)(b)(A) through (C) over the expected duration of the Procurement.

(D) Other Information. The potential Contractor’s costs described in subsections (4)(b)(A) through (C) do not constitute an exclusive list of cost information. The Department may consider other reliable information that bears on the costs a potential Contractor would incur. For example, if in the recent past, the Department conducted a Solicitation that required cost information or permitted negotiation of price based on a cost analysis for Services reasonably comparable to the current Services, the Department may use that cost information in estimating the costs of current Services.

(5) Decision: Comparison of Compensation and Other Costs.

(a) The Department must compare:

(A) The Department’s estimated costs under Subsection (4)(a) and

(B) The Contractor’s estimated costs under subsection (4)(b).

(b) Decision. If the Department’s costs exceed the Contractor’s costs under Subsection (5)(a) for the sole reason that the Contractor’s costs for salaries or wages and benefits under Subsection (4)(b)(A) are lower than the Department’s costs for salaries or wages and benefits under subsection (4)(a)(A), then the Department may not conduct the Procurement.

(6) Decision: Comparison of Department and Contracting Costs.

(a) If subsection (5)(b) does not apply, the Department must compare:

(A) The Department’s estimated costs under Subsection (4)(a) and

(B) The total estimated costs that the Department would incur in procuring the Services from a Contractor (Contracting Costs).

(b) Profit Included. Contracting Costs include the Department’s estimate of Contractor’s profit in addition to the estimate of Contractor’s costs under subsection (4)(b). If the Department, in the reasonably near past, received Bids or Proposals for the performance of the Services under consideration, or reasonably comparable services, the Department may consider the pricing offered in those Bids or Proposals in making its estimate. Similarly, the Department may consider what it actually paid under a Contract for the same or similar services. For the purposes of these examples, the reasonably near past is limited to Contracts, Bids or Proposals entered into or received within the five (5) years preceding the date of the cost estimate. The Department must take into account, when considering the pricing offered in previous Bids, Proposals, or Contracts, adjustments to the pricing in light of measures of market price adjustments that apply to the Services, such as the Consumer Price Indexes.

(c) Decision. If the Department’s Contracting Cost under this section is lower than the Department’s cost under subsection (4)(a), the Department may conduct the Procurement. If the Department’s Contracting Cost is higher than the Department’s cost under subsection (4)(a), the Department may not conduct the Procurement, unless the Exception of subsection (6)(d) applies.

(d) Exception Based on Lack of Agency Personnel and Resources; Reporting. If the Department determines that it would incur less cost in providing the Services with its own personnel and resources, the Department may still conduct the Procurement if, at the time the Department intends to conduct the Procurement, the Department determines that it lacks personnel and resources to perform the Services within the time the Department requires the Services (Exception). When Department conducts a Procurement under this Exception, the Department must:

(A) Make and keep a Written determination that it lacks personnel and resources to perform the Services within the time the Department requires the Services and the basis for the Department’s decision to conduct the Procurement;

(B) Obtain the Written approval by the DPD of the Department of the Exception before the Department conducts the related Procurement.

(C) Provide to the Emergency Board, each calendar quarter, copies of each Cost Analysis, Exception, and any other records described in this Subsection (6)(d);

(D) Prepare a request to the Governor for an appropriation and authority necessary for the Department to hire personnel and obtain resources necessary to perform the Services that the Department procured under this Subsection (6)(d). The request must include a copy of the records that the Department provided to the Emergency Board under Subsection (6)(d)(C).

(7) When the Department conducts a cost analysis in accordance with ORS 279B.033 or makes a determination under ORS 279B.036 in connection with a procurement for services related to information technology, the Department must provide the State Chief Information Officer and the Legislative Fiscal Office with copies of the final cost analysis the Department prepared under ORS 279B.033 or the final determination the Department made under ORS 279B.036. For purposes of this subsection, information technology is defined in ORS 291.045(1) and includes, but is not limited to, all present and future forms of hardware, software, and services for data processing, office automation, and telecommunications.

History

Statutory/Other Authority: ORS 279A.065(5)(a) &
Statutes/Other Implemented: ORS 279A.065(5)(a) &, ORS 279B.030, ORS 279A.070, ORS 279B.033 & ORS 279B.036
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0390 Practices Regarding Electronic Goods Procurement

(1) ORS 279B.025 requires the Department to establish procurement practices that ensure, to the maximum extent economically feasible, Procurement of Goods that may be recycled or reused when discarded.

(2) The Department must procure Electronic Goods in a manner that includes consideration of the impact of the electronic goods upon the environment and public health, in addition to consideration of economic and community interests, in accordance with goals of Sustainability pursuant to ORS 184.423. The Department may consult with stakeholders to develop procedures or guidelines for the Procurement of Electronic Goods.

History

Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279B.025, ORS 279A.070 & ORS 279B.280
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0400 Life Cycle Costing

(1) Policy.

(a) Analysis. Life Cycle Costing provides a method of analysis, considering Sustainability and analyzing total cost of ownership as part of the best value of the purchased Goods (Products). The method applies to the development of Life Cycle Costing criteria for a Solicitation, collection of Product information about Life Cycle, evaluation of Offers, selection of Contractor(s), and award of Contract(s). Using this method, the Department does not award a Contract based solely on the lowest price, and a low Bid would include Life Cycle Costing.

(b) Planning. The Department must consider using Life Cycle Costing during planning for Competitive Sealed Bidding or Proposals. Life Cycle Costing is optional for other sourcing methods under this Division 247.

(c) Services Related to the Product. The Department may also consider the costs of Services related to a Product, including other Sustainability criteria.

(2) Definitions:

(a) “Life Cycle” means the life cycle of a Product, including conception, design, manufacture, service, and disposal. The design of the Product may allow for a repetitive lifecycle: material extraction, manufacturing/production, transportation, utilization/reuse, and disposal/recycling, which leads to the beginning of a new cycle.

(b) "Life Cycle Cost" means the total cost of acquiring, operating, supporting and (if applicable) disposing of the Product being acquired.

(c) "Life Cycle Costing" means an analysis method that quantifies Life Cycle Costs, including the costs of acquiring, operating, supporting and disposing of a Product. The method may also include any additional Costs that relate to adverse impacts of a Product, for example, impacts to the environment or public health.

(d) “Products” means goods, supplies, equipment, or materials.

(3) Life Cycle Costs. Life Cycle Costing considers the acquisition costs of a Product, and includes all associated costs of ownership, such as purchase price, shipping, maintenance and repair, longevity, and disposition costs at the end of life. For complex Products, several Contracts may be required and acquisition costs may involve research and development as well as production, delivery, and installation of the Product. Other costs expected to occur over the anticipated life of the Product may be added to the acquisition costs, based upon a reasonable determination by the Department. Examples of other typical Life Cycle Costs include the following:

(a) Switching costs associated with changing from the current Product to another model or brand of the Product. Typically, such costs may include: removal, shipping, training, and replacement of peripheral equipment and consumables that support the Product. The Agency may also consider increased project management or additional transition time.

(b) Operating and support costs, including third party contract costs, associated with equipment, supplies, utilities, fuel, and services needed to operate and maintain an operational system.

(c) Disposal costs, including third party contract costs, associated with removing equipment from service and disposing of it. Evaluations that consider Life Cycle Cost should also consider any significant salvage, reuse, or resale value at the time of disposal.

(4) Solicitation Requirements. If Life Cycle Costing will be considered and applied, the Solicitation must:

(a) Describe to prospective Offerors how Life Cycle Costing will be considered and applied in the evaluation process and award decision.

(A) If the Department plans to make an Award based solely on the lowest evaluated cost resulting from Life Cycle Costing, the Solicitation must describe an evaluation process that includes Life Cycle Costing. For example, an Invitation to Bid must include quantifiable total Life Cycle Costs as a part of the bid evaluation methodology and award, and the lowest total Life Cycle Cost would be considered the low Bid.

(B) If the Department plans to make an Award based on an evaluation of other factors than the lowest cost, the Solicitation for Proposals or Quotes must describe an evaluation process that includes Life Cycle Costing. For example: (i) A Request for Proposals may include Life Cycle Costs as a part of the total points awarded for costs. All Life Cycle Costs will be calculated, and the lowest total Life Cycle Cost is awarded the maximum points allocated for cost in the Solicitation; or (ii) A Request for Proposals may separate Life Cycle Costs and assign to them a weight or points in addition to other defined costs and non-cost criteria in the evaluation process.

(b) Provide relevant information for the evaluation of the Offer; for example, projected Product usage, operating environment, and operating period.

(c) Describe the information that an Offeror must provide in the Offer, including relevant Life Cycle Costs and supporting information. Examples include:

(A) Average unit price, including production and operational costs,

(B) Delivery, shipping and transportation costs,

(D) Unit operating and support costs (for example, staffing and technical assistance, energy, parts requirements, scheduled maintenance, and training),

(E) Unit disposal costs (for example, the cost of removing equipment from the State facility),

(F) Unit salvage, reuse, or residual value,

(G) Any information related to testing, demonstrations, or interviews, and

(H) Other Product information related to Life Cycle and Sustainability.

(5) Solicitation Options. The Solicitation may:

(a) Provide for adjustments to the Life Cycle Costs if the costs continue over a period of years, for example, inflation or cost uncertainty, and

(b) Include third party estimates of a Product’s Life Cycle.

(6) Award Decision. The Department must evaluate Offers only as set forth in the Solicitation and in accordance with OAR 137-047-0600.

History

Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279B.025, ORS 279A.070 & ORS 279B.280
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0410 Approval of Information Technology or Telecommunications Procurements

(1) For any Procurement of Information Technology or Telecommunications with an anticipated Contract Price of $1,000,000.00 or more, the Department must obtain prior Written approval from the State Chief Information Officer. In addition, and regardless of the anticipated Contract Price the Department must obtain any review or approval the State Chief Information Officer may require in accordance with ORS 184.477, 279A.050, 279A.075, and 279B.075 (HB 3099) or ORS 279B.030 (SB 1539).

(2) In accordance with OAR 414-070-0380 (7), the Department conducts a cost analysis in accordance with ORS 279B.033 or makes a determination under ORS 279B.036 in connection with a procurement for services related to information technology must provide the State Chief Information Officer and the Legislative Fiscal Office with copies of the final cost analysis the Department prepared under ORS 279B.033 or the final determination the Department made under ORS 279B.036. For purposes of this subsection, information technology is defined in ORS 291.045(1) and includes, but is not limited to, all present and future forms of hardware, software, and services for data processing, office automation, and telecommunications.

History

Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 184.477, ORS 279A.070, ORS 279A.050, ORS 279A.075 & ORS 279B.030
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0420 Ethics in Public Contracting; Policy

These Rules supplement and do not replace ORS 244.010 through 244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Public Contracting under the Public Contracting Code and these Rules. Oregon Public Contracting is a public trust. The Department and Contractors involved in Public Contracting must safeguard this public trust.

History

Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015, ORS 279A.070 & ORS 279A.140
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Or. Admin. R. 414-070-0430 Specifications

(1) The Department must not develop Specifications that primarily benefit a Provider, directly or indirectly, to the detriment of the Department or the best interest of the State.

(2) The Department must not develop Specifications that inhibit or tend to discourage Public Contracting under other public procurement laws or policies of the Department of Administrative Services.

History

Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015, ORS 279A.070 & ORS 279A.140
DELC 132-2024, adopt filed 06/26/2024, effective 07/01/2024

Division 75 GENERAL RULES FOR ALL CHILD CARE FACILITIES

Or. Admin. R. 414-075-0000 Applicability of Rules

(1) Except as otherwise specified, these rules apply to all licensed, license-exempt, exempt, and unlicensed child care providers and facilities including:

(a) All licensed facilities including registered family child care homes, certified family child care homes, certified child care centers, certified school-aged child care centers, and certified outdoor nature-based child care programs;

(b) License-exempt child care and exempt care facilities that are required by statute to only employ or contain individuals who are enrolled in the Central Background Registry, including but not limited to, recorded programs and subsidized care facilities.

(c) Exempt care facilities providing or claiming to be providing care defined to not be child care in ORS 329A.250(4)(b)(A) through (H); and

(d) Facilities, providers, and persons providing or alleged to be providing unlawful care as defined in OAR 414-075-0230.

(2) These rules supplant and do not supersede the rules contained in Chapter 414, Divisions, 61, 175, 180, 205, 305, 310, 320, 350, 400, 425, and 450 and pertaining to specific child care program types. In the event of a conflict between such rules and these rules, these rules control.

(3) If any court of law finds that any clause, phrase, or provision of these rules is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portion of these rules.

History

Statutory/Other Authority: ORS 183.459, ORS 329A.346, ORS 329A.350 & ORS 329A.360
Statutes/Other Implemented: ORS 183.459, ORS 329A.346, ORS 329A.350 & ORS 329A.360
DELC 2-2025, amend filed 03/26/2025, effective 07/01/2025
DELC 136-2023, adopt filed 12/06/2023, effective 12/07/2023
ELD 9-2023, temporary adopt filed 06/28/2023, effective 07/01/2023 through 12/27/2023

Or. Admin. R. 414-075-0010 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 414-061-0120.

(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 414-075-0230.

(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 license-exempt 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 414-205-0000 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.

History

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
DELC 2-2025, amend filed 03/26/2025, effective 07/01/2025
DELC 137-2024, minor correction filed 10/14/2024, effective 10/14/2024
DELC 19-2024, minor correction filed 04/01/2024, effective 04/01/2024
DELC 136-2023, adopt filed 12/06/2023, effective 12/07/2023
ELD 9-2023, temporary adopt filed 06/28/2023, effective 07/01/2023 through 12/27/2023

Or. Admin. R. 414-075-0130 Complaints and Investigations

(1) Unless already open regarding the same allegations, a complaint will be opened based on CCLD’s receipt of any of the following concerning licensed facilities, recorded programs, or unlicensed facilities alleged to be providing care for which a license or record is required:

(a) A cross-report of child abuse or neglect from law enforcement agencies, ODHS, or OTIS, including a report that was closed at screening;

(b) A report or information from or forwarded by another state or local agency or governmental unit;

(d) Information received from the general public.

(2) CCLD will encourage an individual or entity making a complaint to provide CCLD with their identity and contact information, subject to ORS 329A.390(4) prohibiting CCLD from disclosing the name, address, or other identifying information about the individual or entity that made the complaint, except as follows:

(a) CCLD may share contact information for the individual or entity that made a complaint within the CCLD or with any agency or individual performing a tandem investigation with CCLD related to the complaint for purposes of confirming factual information or obtaining additional information; and

(b) CCLD may disclose to an individual that it received a cross-report from law enforcement agencies, ODHS, or OTIS when such cross report is the child abuse or neglect history that has triggered a review of the individual’s suitability for enrollment in the Central Background Registry, but may not disclose the name, address or other identifying information about the individual or entity that made the report to law enforcement, ODHS, or OTIS.

(3) CCLD may investigate any complaint that alleges a violation of a health and safety requirement received regarding any facility, including licensed facilities, recorded programs, and subsidized care facilities, as provided by these rules when the allegations indicate noncompliance with a provision in ORS 329A.250 to 329A.500 or a provision in Oregon Administrative Rules Chapter 414, Divisions, 175, 180, 210, 305, 310, 320, 360, 425 or 450.

(4) CCLD may investigate any complaint that a facility as defined by these rules and including but not limited to individuals providing or claiming to be providing exempt care, is providing unlawful care as described in OAR 414-075-0230.

(5) CCLD may investigate any facility for which CCLD has reason to believe or has received information that child care is being provided without a required certification, registration, or record.

(a) For purposes of determining if the child care requires a certification, registration, or record, CCLD may request the facility to provide information concerning the identities of the children in care and how they are related to the caregiver and to each other.

(b) If the facility does not provide CCLD with the information concerning the identities and relationships of the children in care as requested, CCLD may assume that care for a group of more than three children requires a certification, registration, or record from CCLD.

(6) CCLD may conduct an in-person visit at any reasonable time of any facility to investigate a complaint.

(a) An in-person visit is at a reasonable time at any time at least one child care child is in care at a licensed facility or is alleged to be in care at the facility.

(b) An in-person visit is at a reasonable time at any time CCLD reasonably believes a child may be in care at an unlicensed facility.

(7) CCLD staff may, but is not required to, use any method of investigation authorized by ORS 329A.390(7). In conducting an investigation CCLD staff may:

(a) Make one or more visits to the facility under investigation to inspect the premises.

(b) Receive, take, record, document, and review evidence.

(d) Request documents related to the matter under investigation.

(e) Inspect and observe the operations of the facility.

(f) Investigate collaboratively with partners.

(g) Take the depositions of witnesses, including the person under investigation, in the manner prescribed by law for depositions in civil actions;

(h) Compel the appearance of witnesses, including the person under investigation, in the manner prescribed by law for appearances in civil actions;

(i) Require answers to interrogatories;

(j) Compel the production of books, papers, accounts, documents or testimony that pertains to the matter under investigation; and

(k) Issue subpoenas.

(8) A registered, certified, recorded, or subsidized care facility must provide records or other documentation, and allow CCLD access to the facility for the purpose of conducting an investigation as required or permitted by ORS 329A.390 or these rules. CCLD or the Department as applicable:

(a) May revoke for cause or deny for cause renewal of a registration, certification, record, or approval of subsidized care facility if access to the facility or its records has not been permitted.

(b) May obtain a search warrant to obtain access to a facility as provided by ORS 329A.410 when access has not been permitted.

(c) May revoke for cause or deny for cause renewal of a registration, certification, record, or approval of subsidized care facility when access was denied and later permitted only pursuant to a search warrant.

(9) If the provider denies CCLD access to the premises or to facility staff for purposes of conducting an investigation of a complaint, CCLD may reach a valid finding based solely on other evidence independently obtained and that reasonably could have been corroborated or contradicted by information from the visit or interviews that the provider did not allow.

(10) A provider or licensee must provide truthful, complete, and accurate information to CCLD staff in connection with any application, records or reports including attendance records, written or verbal communication, inspection, visit, or investigation.

(a) When an applicable rule requires information to be provided immediately, it must be provided during the visit or if not in connection with a visit within 24 hours of CCLD’s request.

(b) Information not required by rule to be provided immediately must be provided within 48 hours of CCLD’s request for it to be considered in the investigation. CCLD may issue a finding without reviewing information provided more than 48 hours after CCLD’s request.

(11) An individual who is questioned by CCLD in connection with an investigation of a complaint may refuse to answer specific questions or provide documents by stating that the refusal is based on the privilege against self-incrimination, including when the answer to the question or the documents, if produced by the individual, would furnish a link in the chain of evidence needed for a criminal prosecution. CCLD is not required to inform an individual of this rule prior to questioning the individual.

(12) CCLD may conduct compliance verification visits to a facility for the purposes of confirming compliance or continued compliance.

(13) CCLD may conduct an unannounced complaint or compliance verification visit at any reasonable time. When deemed appropriate in the judgment of CCLD staff, including when the complaint contains sensitive allegations as defined in these rules, CCLD may choose to conduct interviews or portions of interviews during the complaint or compliance verification process by telephone, video-conference, or email in addition to an in-person visit.

(14) The facility must prioritize children’s needs during any in-person visit and may not rely on the presence of CCLD staff at the facility to justify noncompliance with any requirement.

(15) CCLD staff are not required to assist the facility in achieving compliance in response to an observed non-compliance and CCLD staff:

(a) May not be counted by the facility for purposes of meeting ratio requirements.

(b) May not contact parents to pick up children for purposes of achieving compliance with capacity, ratio, or group size or composition requirements.

(c) May suggest to the facility specific actions to achieve compliance, including sending children home to achieve compliance with capacity, ratio, or group size or composition requirements.

(d) May document whether a facility took immediate steps to achieve compliance or refused to do so.

(16) The CCLD staff assigned to investigate a complaint must review and consider all evidence and documentation timely submitted by the facility as required by 414-075-0130(10) prior to issuing findings.

(17) When the requirements for issuance of an emergency order of suspension or conditions are met, CCLD may take action prior to completion of an investigation based on facts confirmed in the pending investigation.

(18) A CCLD investigation of a complaint is ongoing until CCLD staff has issued findings with respect to all potential non-compliances alleged in the complaint or identified in the investigation.

(19) Unless the facility has closed before CCLD issues a finding on a complaint, CCLD staff may issue one of the following findings with respect to each complaint investigated by CCLD, and may issue separate findings with respect to each potential regulatory or statutory violation based on the fact(s) confirmed in the investigation:

(a) Valid, when a reasonable person could conclude the noncompliance occurred based on the evidence; or

(b) Invalid, when a reasonable person could not conclude that the noncompliance occurred based on the evidence; or

(c) Unable to Substantiate, when a reasonable person could not decide whether the noncompliance occurred because of conflicting evidence or because information is not available.

(20) An individual may become an exempt prohibited individual if they surrender their registration, certification or CBR enrollment during a CCLD investigation. See OAR 414-075-0230.

(21) If a facility has closed before CCLD has issued a finding on a complaint because of a voluntary surrender or lapse of the license including because a timely renewal application was withdrawn, CCLD may complete the investigation and issue findings or may close the investigation as incomplete. If CCLD has closed an investigation as incomplete, CCLD may resume the investigation at any time including if the licensee applies to reopen the license or for another license.

(22) A CCLD investigation for which findings on all allegations have been issued to the facility will be reopened only as follows:

(a) CCLD will reopen an investigation if it has information that was not considered in the initial investigation that if confirmed could change the outcome, and CCLD has determined that reopening the investigation is necessary.

(b) CCLD must notify the facility when it has reopened an investigation.

following the investigation that is reopened whether or not the outcome of the original finding is changed.

(23) A child care facility may not interfere, discourage, or attempt to prevent a parent, legal guardian, current or former employee or volunteer from disclosing information to CCLD, law enforcement, any other entity with legal or regulatory authority over the facility, or to a child’s parent concerning allegations of any of the following as provided by ORS 329A.348:

(a) Abuse or mistreatment of a child in the child care facility;

(b) Violations of licensing requirements;

(d) Violations of state or federal laws, or

(e) Any practice that threatens the health and safety of a child in the child care facility.

(24) Interference with good faith disclosures as described in section (23) of this rule includes:

(a) Terminating or threatening to terminate care of a child if the parent or legal guardian of child discloses the information; or

(b) Asking a parent or legal guardian of a child or, employee or volunteer to sign a nondisclosure or similar agreement prohibiting the disclosure of the information; or

(c) Communicating to or training a current or former staff, volunteer, parent, or legal guardian that they may not or should not disclose information.

History

Statutory/Other Authority: ORS 326.430 & ORS 329A.390
Statutes/Other Implemented: ORS 329A.390
DELC 2-2025, amend filed 03/26/2025, effective 07/01/2025
DELC 136-2023, adopt filed 12/06/2023, effective 12/07/2023

Or. Admin. R. 414-075-0230 Exempt Prohibition, Unlawful Care, Civil Penalties

(1) An individual is an exempt prohibited individual as a result of any of the following circumstances as provided by ORS 329A.252:

(a) The individual has had their registration, certification, or record denied for cause or revoked for cause.

(b) The individual is not enrolled in the Central Background Registry because of removal for cause or denial for cause.

(c) The individual voluntarily surrendered their child care license or enrollment in the Central Background Registry during a CCLD investigation or after CCLD has given the individual notice of an administrative action against the individual or the individual’s facility.

(d) The individual is suspended from the Central Background Registry.

(e) The individual is licensee of a license that is suspended.

(f) The individual has been issued a final order to cease and desist by CCLD after a contested proceeding or that has become effective because the individual did not request a hearing.

(2) An exempt prohibited individual may not provide child care or exempt care as defined in these rules except for their own children or children related to them within the fourth degree of sanguinity as determined by civil law.

(3) An exempt prohibited individual:

(a) Remains an exempt prohibited individual for five years after the most recent dates of a circumstance resulting in the status as described in section (1) (a) through (c) and (f) of this rule and continues to be an exempt prohibited individual unless and until re-enrolled in the Central Background Registry.

(b) Is no longer an exempt prohibited individual if the sole basis for the status is a suspension as described in section (1) (d) or (e) of this rule and CCLD has withdrawn the suspension by final order.

(c) May be enrolled in the Central Background Registry with a limited enrollment as defined by OAR 414-061-0020(27)(b) if meeting all requirements for a limited enrollment.

(4) "Unlawful Care” means care provided by the following to a child not related to the person within the fourth degree of sanguinity as determined by civil law:

(a) By a person who is not licensed or recorded when a license or record is required pursuant to ORS 320A.255, ORS 329A.280 or ORS 329A.330.

(b) By an exempt prohibited individual as provided by ORS 329A.252(2)(b).

(c) By a person who is not licensed or recorded when a license or record is required pursuant to ORS 320A.255, ORS 329A.280 or ORS 329A.330.

(d) By a person enrolled in the CBR under a limited enrollment:

(A) As defined in OAR 414-061-0020(25)(a) when the care violates a restriction or condition agreed to by the person; or

(B) As defined in OAR 414-061-0020(25)(b) when providing care while having unsupervised access to a child care child who is not the child of the person.

(e) In the home of a child, to children all from only one family in addition to children who reside with the person, or to no more than three children in addition to children who reside with the person, by an individual who is not enrolled in the CBR and was issued a founded or substantiated disposition for child abuse:

(A) On or after January 1, 2017 involving a child who died or suffered serious injury as defined in ORS 161.015.

(B) On or after September 1, 2019 and in the last seven years, when the founded or substantiated disposition of a child abuse or neglect report involved any child for whom the individual was providing care in the following settings:

(i) In a licensed or license-exempt child care facility as defined in these rules;

(ii) By a babysitter or other person in the home of the child;

(iii) By a person related to the child within the fourth degree of sanguinity as determined by civil law;

(iv) By a person who cares for children from only one family in addition to children who reside with the person;

(v) By a person who cares for no more than three children in addition to any children who reside with the person; or

(vi) By a person who is a member of the child’s extended family, as determined by CCLD on a case-by-case basis.

(5) A person who has provided unlawful care as defined in these rules, including but not limited to unlawful care by an exempt prohibited individual, may be subject to a civil penalty of not more than $1,500 per violation.

(a) CCLD may provide a warning rather than assess a civil penalty for a person’s first instance of providing unlawful care if CCLD determines the person was not aware that the care was unlawful care as described in section (4) of this rule or that a license was required.

(b) The civil penalty assessed against a person determined by final order to have provided unlawful care on a single day will be $750 for the first instance of unlawful care for which a penalty is assessed.

(c) Each additional day that person provides unlawful care is a separate violation for which CCLD may assess a civil penalty of not more than $1,500 for each day the person is determined by final order on default or after a contested case hearing to have provided unlawful care.

History

Statutory/Other Authority: ORS 326.430, ORS 329A.992 & ORS 329A.994
Statutes/Other Implemented: ORS 329A.390, ORS 329A.992 & ORS 329A.994
DELC 136-2023, adopt filed 12/06/2023, effective 12/07/2023

Or. Admin. R. 414-075-0250 Operating Hours and Care Not Requiring a License

(1) A facility may provide care without a license if the facility:

(a) Provides care in the home of the child by a babysitter or other person;

(b) Is the child’s parent, legal guardian or custodian;

(d) Is a member of the child’s extended family unit, as determined by CCLD on a case-by case basis;

(e) Provides only occasional care as defined in these rules;

(f) Is a provider of medical services;

(g) Provides care for children from only one family, in addition to any children who reside with the person;

(h) Provides care for three or fewer children, in addition to any children who reside with the person;

(i) Provides care for preschool-age children that is primarily educational for 4 hours or less per day and where no preschool-age child is present at the center for more than 4 hours per day;

(j) Provides care for school-age children that is not intended for child care purposes and is primarily a single enrichment activity, such as swimming lessons, dance lessons, tutoring, music lessons, sports practice, or any single class in any subject, where no child attends for more than 8 hours per week;

(k) Provides group athletic or social activities sponsored by or under the supervision of an organized club or hobby group. This exclusion applies only to the time engaged in the group athletic or social activities;

(l) Is operated by a school district, charter school, political subdivision of this state, or a government agency;

(m) Operates as a parent cooperative for no more than 4 hours a day and:

(A) Care is provided on a rotating basis by parents that are members of the cooperative; and

(B) Are overseen by a board of directors responsible for developing written program policies and procedures that are shared with all members.

(n) Provides care while the child's parent for the child remains on the premises and is engaged in an activity on-site, and:

(A) The facility informs the parent that the facility’s program is not licensed by the state;

(B) Activities in which the parent is engaged do not include work; and

(o) Provide youth development activities, as defined in ORS 329A.250(16), to school-age children during hours that school is not in session and which does not take the place of a parent’s care.

(2) Care provided to children who do not reside in a licensed facility requires a license if provided by a licensed facility during the licensed facility's regular operating hours, as defined in these rules.

(a) Care provided to a child who is enrolled in a licensed facility who arrives before or remains after the facility’s regular operating hours and is in care for any part of the facility’s regular operating hours requires and is subject to all requirements of the facility’s license.

(b) A child who ordinarily receives care at a registered or certified child care home facility and is present at the facility outside of the facility’s regular operative hours for a social event is not subject to the requirements of the facility’s license only if the facility has informed the parent that that the facility is not providing child care and that the care is not subject to license requirements.

(A) Care described in paragraph (2)(b) of this rule is not eligible for payment from the Employment Related Day Care program.

(B) Care for a child who is enrolled in a licensed child care is subject to all requirements of the facility’s license if any of following exist regardless of whether the facility has informed the parent that the care is not subject to license requirements:

(i) The parent pays the facility for the care;

(ii) The child is in care for the purpose of providing care, supervision and guidance while the child’s parent is unavailable due to work, school, or another activity; or

(iii) The child is in care outside the facility’s regular operating hours on a regular basis. A facility regularly providing care outside its regular operating hours must notify CCLD and request approval to change the operating hours to include the days and hours that care is regularly provided.

(3) Care may be provided without a license:

(a) At the location of a license-exempt child care facility, as defined in these rules, by a caregiver operating or employed by a license-exempt child care facility, for their own child or any child who resides with the caregiver before, during, or after their hours of employment at the license-exempt child care facility, as allowed by the license-exempt child care facility.

(b) By a person, including a person who operates an exempt care or license-exempt child care facility, providing occasional care as defined in these rules during summer, winter and spring school breaks if the facility is ordinarily closed during such breaks. A licensed facility may not provide occasional care during periods that the facility is closed unless the license has been surrendered or has expired.

(A) Care by a babysitter or other person in the home of the child, in addition to one or more children who reside with the babysitter or other person.

(B) Care by a child’s parent, legal guardian, or custodian, in addition to children who are related to the child’s parent, legal guardian, or custodian by blood or marriage within the fourth degree as determined by civil law.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.135 & ORS 329A.280
DELC 3-2024, minor correction filed 01/29/2024, effective 01/29/2024
DELC 136-2023, adopt filed 12/06/2023, effective 12/07/2023

Or. Admin. R. 414-075-0300 Union Representation in Contested Case Hearings

(1) A labor union representative who is not an attorney holding an active license issued by the Oregon State Bar may represent the following providers in a contested case hearing conducted by the CCLD or the Department:

(a) The licensee under a registered or certified family child care home license; or

(b) An individual who provides subsidized care in the home of the individual or the home of the child that is not required to be licensed.

(2) When representing a provider, a labor union representative may present evidence, examine and cross-examine witnesses and make arguments relating to the:

(a) Application of statutes and rules to the facts in the contested case;

(b) Actions taken by CCLD in the past in similar situations;

(d) Admissibility of evidence; and

(e) Proper procedures to be used in the contested case hearing.

(3) A labor union representative may not make legal argument on behalf of the provider.

(a) “Legal argument” does not include arguments listed in section (2)(a) through (e) of this rule.

(b) “Legal argument” includes arguments on:

(A) The jurisdiction of CCLD to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to the CCLD; and

(4) Union representatives must read and be familiar with the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available on its website at: https://www.doj.state.or.us/wp-content/uploads/2017/06/code_of_conduct_oah_contested.pdf (Amended October 1, 2011)

(5) If the administrative law judge determines that statements or objections made by the labor union representative appearing under section (1) of this rule involve legal argument as defined in this rule, the administrative law judge shall provide a reasonable opportunity for counsel for the provider to appear and present argument at the hearing or to file written legal argument within a reasonable time after

conclusion of the hearing.

(6) A labor union representative must obtain and provide to CCLD and to the Office of Administrative Hearings (OAH) the written authorization of the provider to being represented by the labor union representative prior to beginning representation or communicating with CCLD or the OAH on behalf of the provider regarding the contested case.

(7) An authorized labor union’s representation of a provider in a hearing may include the activities described in section (3) of this rule and:

(a) Communicating with CCLD without the presence of the provider regarding procedural matters including but not limited to scheduling;

(b) Assisting the provider in preparing and filing proposed exhibits and witness list;

(d) Agreeing or objecting to the admissibility of evidence based on relevance; or

(e) Being with the provider during any settlement negotiations including by telephone or video-conference.

(8) An authorized labor union’s representation of a provider in a hearing may not include:

(a) Entering into binding settlement agreements on behalf of the provider;

(b) Issuing subpoenas for witness attendance at the hearing.

(A) If a provider determines that a necessary witness is unwilling to testify, the provider or an authorized labor union representative may request that CCLD subpoena the witness by submitting a written request including the name, phone number, physical address, and description of anticipated testimony to CCLD no less than 30 calendar days before the date scheduled for hearing.

(B) CCLD is not required to subpoena witnesses on behalf of the provider unless CCLD agrees that the testimony of the witness is necessary for a full and fair hearing.

(C) CCLD is not required to subpoena witnesses on behalf of the provider for a hearing on an emergency order suspending a license or Central Background Registry enrollment or imposing a condition on a license.

(D) CCLD will notify the provider or authorized labor union representative of whether it will issue a subpoena pursuant to the request within 10 business days of receipt of the request.

(E) If CCLD does not agree to subpoena the witness as requested pursuant to this subparagraph, the provider may retain counsel to represent them in the hearing and issue the subpoena.

(9) A provider who is or becomes represented by an attorney in a contested case hearing may not be simultaneously represented by an authorized labor union representative, and the notification of representation by an attorney shall operate to rescind any prior authorization for a labor union representative to represent the provider.

(10) Sections (3) through (8) of this rule do not apply to an attorney who appears as counsel for the provider in a contested case before CCLD or the Department.

History

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
DELC 136-2023, adopt filed 12/06/2023, effective 12/07/2023
ELD 9-2023, temporary adopt filed 06/28/2023, effective 07/01/2023 through 12/27/2023

Or. Admin. R. 414-075-0400 Temporary rule language in effect until 10/19/2026. Inactive Status, Administrative Closure and Abandoned License

(1) As used in this section:

(a) “Administrative closure” means a period of more than six months or an indefinite period during which no children are attending the program.

(b) “Completed visit” means a visit in which the department observes the operation of the program while children are in care.

(c) “Inactive status” means any period during which no children are enrolled or attending the program lasting 30 days or more.

(d) “Incomplete visit” means a visit during the provider’s observed or regular operating hours as defined in OAR 414-075-0010(36) in which there is no answer at the door, access to the premises is denied, or no children are in care at the time of the visit.

(e) “License” means any of the following:

(A) A certification or registration issued by the department authorizing a provider to operate a child care facility,

(B) A record authorizing a provider to operate a recorded program as defined in OAR 414-075-0010(34),

(C) An approval to receive payment for subsidized care issued to a license-exempt child care facility as defined in OAR 414-075-0010(23;) or

(D) An approval to receive payment for subsidized care issued to an exempt care facility as defined in OAR 414-075-0010(12).

(f) “Premises” means as defined in OAR 414-075-0010(32).

(g) “Program” means the program of care for children provided under a license.

(h) “Provider” means the individual or entity in whose name a license or approval to receive payment for subsidized care is issued.

(2) The department may pause payments to a provider while the provider’s license has inactive status or is subject to administrative closure, including subsidy payments and any other funds administered by the department related to care provided under the license or the provider’s operation of the program under the license, including during the pendency of a contested case hearing requested in connection with a determination of administrative closure or abandonment of the license.

(3) If a provider temporarily ceases operation of their program for more than thirty (30) consecutive calendar days, and no children are enrolled or attending during that period, the provider must submit a notification of inactive status to the department.

(4) The provider must notify the department of inactive status:

(a) At least two business days prior to ceasing operations if the inactive status is planned; or

(b) Within one business day after ceasing operations if the inactive status is unexpected.

(5) A provider’s notification of inactive status must include:

(a) The date the provider ceased or will cease operating;

(b) The projected date the provider will resume operating; and

(c) If the provider operates more than one child care facility or subsidized care facility, a statement of the specific facilities that will have inactive status.

(6) Inactive status may be for no more than six consecutive months. The department may administratively close a license that has inactive status for more than six consecutive months or when a provider notifies the department that they have ceased or will cease operating for more than six consecutive months.

(7) During the first thirty calendar days of an initial license or approval to receive payment for subsidized care, a provider is not required to submit a notification of inactive status even if no children are enrolled or attending. The purpose of this provision is to allow the provider time for children to be enrolled and begin attending.

(8) A provider must notify parents and guardians of all enrolled children that the program has a planned inactive status, to be made concurrently with or before the provider submits the notification to the department required by subsection (4) of this section. The notification to parents and guardians must include the date the provider expects to resume operations, if known.

(9) During inactive status, the provider must notify the department of the following:

(a) Any voluntary surrender of the license, or other decision to not resume operations;

(b) The addition or removal of staff or household members;

(d) Other program changes that require DELC approval that will apply when the provider resumes operations.

(10) For a license with an expiration date that is anticipated to be reached during inactive status:

(a) The provider must submit a timely application and all required fees for renewal in order for the license to be active past its expiration date when inactive status ends; and

(b) The department is not required to begin processing the renewal application until the provider has resumed operating.

(11) After receiving a notice of inactive status, the department will:

(a) Identify in its records that license has inactive status;

(b) Notify the provider that the license has inactive status; and

(A) The department's child care subsidy programs; and

(B) Any other department program administering funds granted or paid to child care facilities or subsidized care facilities.

(d) Not process an application from any other person for a license for the same location unless:

(A) The provider notifies the department that they will not resume operations;

(B) The provider’s license expires without a timely renewal application; or

(12) The department may determine that administrative closure is appropriate as described in this section, including when the provider has given notice of inactive status.

(a) An administrative closure is not a denial, suspension, or revocation for cause.

(b) An administrative closure is not a voluntary surrender of a license.

(13) Administrative closure is appropriate when a provider:

(a) Notifies the department that the provider intends to cease operations for more than six consecutive months;

(b) Notifies the department that the provider intends to cease operations without indicating the date the provider expects to resume operations;

(c) Fails to resume operations on the date indicated in the notification of inactive status or in an update by the provider of the projected date of resumed operations;

(d) Fails to contact the department for more than three months after the license has been placed on inactive status pursuant to subsection (9) of this section; or

(e) Has been determined to have abandoned the license as described in this section.

(f) The department’s decision under this subjection to administratively close a license is subject to judicial review pursuant to ORS 183.484.

(14) The department may determine that a license has been abandoned based on one or more of the following:

(a) During a three month period during which the department does not otherwise observe children in the care of the provider, the department visits the premises in person during previously observed or regular operating hours as defined in OAR 414-075-0010(36) no less than three times resulting in incomplete visits;

(b) The provider vacates or no longer maintains the premises without submitting an application to change locations. To establish this basis, the department may rely on:

(A) The provider’s statement that they no longer have access to the premises on a permanent basis;

(B) Evidence of legal eviction of the provider from the premises;

(D) A sale of the property to another person who is observed to occupy the premises; or

(E) Department staff’s observations supporting the conclusion that the premises are completely vacated and unoccupied.

(c) The provider who is employed by the owner of the child care program leaves the employment of the owner or otherwise provides notice to the department or the owner that they have ceased operating the child care program.

(d) Fails to notify the department of a program closure or change in status.

(15) Prior to determining that administrative closure is appropriate, the department must make reasonable efforts to contact the provider using the contact information on file. For purposes of this subsection, the department makes reasonable efforts if it attempts to contact the provider at least three times.

(a) The department must attempt contact using at least three of the following five communication modes: mail, email, telephone, text message, and in-person.

(b) The department must consider any explanation or information from the provider in response to the department’s contacts.

(16) After determining that administrative closure is appropriate under this section, the department will:

(a) Identify in its records and notify the provider at the provider’s last known address that the license is administratively closed;

(b) Notify the provider at the provider’s last known address that the provider may request a hearing to challenge the department’s determination that administrative closure is appropriate or that the license has been abandoned in a contested case before the Office of Administrative Hearings.

(A) During the contested case process, the provider may give notice of intent to resume operations, which, if resulting in the department identifying the license as open and active, will operate to withdraw the request for hearing.

(B) A provider may submit written notification to resume operations as provided in subsection (18) of this section at any time during administrative closure regardless of whether the provider has requested a hearing.

(c) Reopen a license that has not expired upon provider’s written notification to resume operations as provided in subsection (18) of this section unless at the time of the provider’s notification:

(A) The department has determined that the license has been abandoned pursuant to subsections (15)(b) or (c) of this section; or

(B) The department has issued a license to another person for the same location and that person has begun operating at the location.

(d) Notify the following programs of the administrative closure:

(A) The department's child care subsidy programs; and

(B) Any other department program administering funds granted or paid to child care facilities or subsidized care facilities.

(e) Require the provider to apply for a license for the location if the provider seeks to resume operations after the provider’s license for that location has expired and the department has not issued a license to another person for the same location.

(f) Not accept a renewal application to extend the expiration date of the license unless the provider has notified the department that it intends to resume operations.

(g) Accept an application from a person other than provider for the location if the provider consents to the application or the license has expired or the department determined by final order that the license has been abandoned.

(17) Notwithstanding inactive status or administrative closure:

(a) The department may issue findings and conduct complaint investigations. If a complaint investigation requires observation of the facility in operation or access to the provider who is not available, the department may but is not required to delay the investigation until such time as the provider is operating or is available.

(b) The department may issue any appropriate legal action including an order of emergency suspension of the license or of the Central Background Registry enrollment of the provider or provider’s staff or household members, an order imposing emergency conditions, an order to cease and desist, a notice of intent to revoke, a notice of intent to impose conditions, a notice of intent to deny renewal, a notice of intent to impose civil penalties, or a notice of intent to deny renewal of or for removal of the enrollment of provider or provider’s staff or household members in the Central Background Registry.

(18) A provider with a license with inactive status or that has been administratively closed must notify the department in writing no less than 10 business days prior to the date the provider intends to resume operations.

(a) If the provider operates at multiple locations, the provider must state in the writing which locations will resume operations.

(b) If the provider intends to resume operations at multiple locations on different dates or in stages, the provider must notify the department separately with respect to each location’s intended date of resumed operations.

(19) Upon receipt of a provider's notice of intent to resume operations, and unless the department has both determined that the license has been abandoned and has issued a license to another person for the same location who is operating at the location, the department will:

(a) Identify the license in the department’s records as open and active effective as of the date indicated in provider’s notice;

(b) Notify the provider that the license for each location for which the provider is resuming operations is active; and

(c) Notify the department's child care subsidy programs and any other department program administering funds granted or paid to child care or subsidized care facilities of the active status upon confirming the provider has resumed operations.

(20) The department may conduct an unannounced visit at any location at which a provider has resumed or will resume operations after a period of inactive status or administrative closure to determine whether the provider has resumed operations and is in compliance with applicable requirements.

(a) The department may conduct the visit regardless of whether there is a pending complaint or prior noncompliance.

(b) The department may but is not required to consider the visit to meet requirements for an annual unannounced monitoring visit.

(c) All staff and household members must be enrolled in the CBR and not suspended as of the date the provider resumes operations.

History

Statutory/Other Authority: ORS 329A.260, ORS 326.430, ORS 329A.992, ORS 183.459, ORS 329A.350, ORS 329A.360 & ORS 329A.390
Statutes/Other Implemented: ORS 329A.260, ORS 326.430, ORS 329A.992, ORS 183.459, ORS 329A.350, ORS 329A.360 & ORS 329A.390
DELC 7-2026, temporary adopt filed 04/22/2026, effective 04/23/2026 through 10/19/2026

Division 150 CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT

Or. Admin. R. 414-150-0050 Purpose

(1) The purpose of these rules is to set forth standards to be followed when entering into contracts with programs to provide child care services to Special Population clients.

(2) These rules implement elements of federal Child Care and Development (CCDF) State Plan for funds received under the federal Child Care and Development Block Grant Act of 2014, and Chapter 45, Code of Federal Regulations, Parts 98 and 99.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 329A.010
Statutes/Other Implemented: ORS 329A.500 & ORS 329A.010
DELC 60-2023, minor correction filed 11/21/2023, effective 11/21/2023
ELD 1-2016, f. & cert. ef 1-25-16
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0050
HR 26-1992, f. & cert. ef. 8-27-92
HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92

Or. Admin. R. 414-150-0055 Definitions

(1) “Administrator” means the Administrator of the Child Care and Development Fund for the Department.

(2) “Alcohol and Drug Treatment Program” means a program that provides services to the eligible child whose parent(s) is in a program for the treatment of alcohol or drug/substance abuse.

(3) “CCDF” means federal Child Care and Development Fund which is the federal funding awarded to the Department under the Child Care and Development Block Grant.

(4) “CCDF Grant Plan” means the Oregon Plan approved by the Department for child care and related programs funded by the Child Care Development Block Grant.

(5) “CCR&R” means Child Care Resource and Referral Agency.

(6) “Department” means the Department of Early Learning and Care (DELC) which is the lead agency for the Child Care and Development Fund and administers funding and contracts under the federal Child Care and Development Fund.

(7) “Early Learning Hub” means the local coordinating body for early learning services contracted by the Department.

(8) “Employment Related Day Care” means the program administered by the Department that provides child care services to low-income working families.

(9) “Child Care Licensing Division” means a division of the Department that regulates child care facilities and provides contract administration services to low-income working families.

(10) “Parent” means parent, custodian or guardian who exercises care and custody of a child.

(11) “Program” means community or school-based teen parent education program, or licensed women-specific alcohol and drug treatment program.

(12) “Provider” means a person or program responsible for direct child care, supervision of children, and guidance of children in approved child care setting.

(13) “Special Needs Child” means a child under the age of 18 who requires a level of care over and above the norm for his/her age due to a physical, developmental, behavioral, mental or medical disability.

(14) “Special Populations” means families considered:

(a) To be at high risk of instability;

(b) Have high needs for child care services;

(d) Are not eligible for child care subsidy from the Department under either the Employment Related Day Care or TANF JOBS programs.

(15) “TANF JOBS program recipient” means a family receiving services through the Temporary Assistance to Needy Families program administered by the Department of Human Services and is receiving child care services under the Jobs Opportunity and Basic Skills (JOBS) program.

(16) “Teen Parent” means a parenting or pregnant adolescent age 21 and under who is attending high school or participating in an approved high school completion program.

History

Statutory/Other Authority: ORS 329A.500 & ORS 329.010
Statutes/Other Implemented: ORS 329A.500, ORS 329.010 & ORS 329A.025
DELC 61-2023, minor correction filed 11/21/2023, effective 11/21/2023
ELD 1-2016, f. & cert. ef 1-25-16
CCD 6-2003, f. 12-23-03, cert. ef. 12-28-03
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0055
HR 26-1992, f. & cert. ef. 8-27-92
HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92

Or. Admin. R. 414-150-0060 Program Administration and Funding Allocations

(1) The Department of Early Learning and Care is the designated state agency responsible for administration of the Child Care and Development Fund.

(2) The CCDF Administrator is responsible for coordination of CCDF-funded programs in Oregon and for the administration of child care services for Special Populations described by these rules.

(3) Federal funds for the Special Populations child care services program are contracted by the CCDF Administrator to state-licensed or state-approved alcohol and drug treatment programs, to school districts for school-based programs, and to local non-profits or counties for community-based programs.

(4) After annual federal appropriations for the Child Care and Development Fund are awarded to the state, the CCDF dministrator allocates funds to contractors in paragraph (3) of this rule and forwards this information to the local Early Learning Hubs.

(5) The Department shall have final responsibility for developing a contract with recommended programs as outlined in OAR 414-150-0120.

History

Statutory/Other Authority: ORS 329A.010
Statutes/Other Implemented: ORS 329A.010 & ORS 329A.500
DELC 62-2023, minor correction filed 11/21/2023, effective 11/21/2023
ELD 1-2016, f. & cert. ef 1-25-16
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0060
HR 26-1992, f. & cert. ef. 8-27-92
HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92

Or. Admin. R. 414-150-0070 Overview of and Eligibility for Special Populations Child Care Services

(1) The Special Populations Child Care Services Program is established for specific low-income populations having demonstrable need for child care services.

(2) Special Populations eligible for services include Teen Parent(s) and parent(s) receiving treatment for alcohol or drug abuse.

(3) Teen Parents. To be eligible for services, the Teen Parent:

(a) Must be attending high school or participating in an approved high school completion program sponsored by a local school district, community college, community-based non-profit, or certified private school, and the parent requires child care in order to attend and complete a program leading to a GED or high school diploma;

(b) Must be attending a school-based or approved high school completion program that meets program standards approved by the Department under ORS 329A.500.

(c) Must enroll eligible child(ren) in child care services provided by a facility certified or registered by the Child Care Licensing Division (CCLD), which is located on the same campus as the teen parent/child development program the teen parent is attending.

(4) Parents receiving treatment for alcohol or drug abuse. To be eligible, the parent:

(a) Must be enrolled in and have a diagnosis for treatment with a state-licensed or state-approved alcohol or drug abuse treatment program in order to receive subsidized child care services.

(b) Child care services must be provided at the facility site where the parent is undergoing supervised treatment and counseling for substance abuse, or at a nearby facility under supervision of a state licensed or state-approved treatment program.

(5) Child Care Services. For child care services, the following standards apply:

(a) The child receiving services must meet the following conditions:

(A) Be under 13 years of age or a child with Special Needs under 18 years of age.

(B) Be a U.S. citizen or have legal immigration status.

(b) Parental income must be at or below 185 percent of the Federal Poverty Level as published in the most recent Federal Register.

(c) The child being placed for services is residing with a parent or parents who are either participating in an approved education program or participating in an alcohol or drug treatment program;

(d) The parent making the application for services must reside in Oregon;

(e) The determination of income shall be based on a review of all parental income for the preceding 30 calendar days prior to application for child care services.

(f) Review and calculation of income for the Teen Parent shall be limited to the Teen Parent income only and not include income received by other members of the same household.

(g) For the purpose of the child care subsidy, all Teen Parents are considered single parents regardless of marital status. Family size and income will be limited to the Teen Parent and their child(ren).

(h) Parents eligible for child care services through the TANF JOBS program must access that program for services and do not qualify for the Special Populations child care services program.

History

Statutory/Other Authority: ORS 329A.500 & ORS 329A.010
Statutes/Other Implemented: ORS 329A.500 & ORS 329A.010
DELC 63-2023, minor correction filed 11/21/2023, effective 11/21/2023
ELD 1-2016, f. & cert. ef 1-25-16
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0070
HR 26-1992, f. & cert. ef. 8-27-92
HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92

Or. Admin. R. 414-150-0110 Application for Services

(1) Families that qualify under Special Populations criteria and eligibility standards of this rule shall make application for child care services directly through a contracting program. Application must be made on a Department approved form and signed by both applying parent and program staff. In completing application, the parent shall be required to declare, and provide verification as required, information on:

(a) Parents and dependent members of the household;

(b) U.S. citizenship or legal immigration status of children who are to receive subsidized child care;

(d) Employment status of parents;

(e) Participation in job training, substance abuse treatment, or enrollment in school programs; and

(f) Parent income.

(2) The CCDF Administrator shall send notification regarding contracted programs to CCR&R agencies located throughout the state. Parents seeking assistance may contact local resource and referral agencies for information on programs having a child care services contract.

(3) Child care availability for Special Populations is limited in all regions of the state, and shall, therefore, be assigned to parents on a first-come, first-served basis. The parent signature date on the application form will be used as the basis for determining priority of access to services.

(4) Eligibility for continuing child care services shall be subject to redetermination by the program:

(a) At the end of every 12-month service period; or

(b) Whenever a change of circumstances occurs that may affect a parent’s eligibility status. Parents are responsible for notifying the program of changes; or

History

Statutory/Other Authority: ORS 329A.500 & ORS 329A.010
Statutes/Other Implemented: ORS 329A.010
DELC 64-2023, minor correction filed 11/21/2023, effective 11/21/2023
ELD 1-2016, f. & cert. ef 1-25-16
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0110
HR 26-1992, f. & cert. ef. 8-27-92
HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92

Or. Admin. R. 414-150-0120 Service Standards

(1) Prior to accepting a child for care under these rules, the program shall sign a contract with the Department. The contract shall include, but is not limited to, the following provisions:

(a) Term of the contract;

(b) Description of services;

(d) Program responsibilities;

(e) Payment for services; and

(f) Compliance with appropriate state and federal regulations.

(2) A program or a provider certified by the Department for operation of a child care center shall be in compliance with the standards defined in OAR 414-300-0000 through 414-300-0410.

(3) A program or provider certified by the Child Care Licensing Division (CCLD) for operation of a certified family child care home shall be in compliance with the standards defined in OAR 414-350-0000 through 414-350-0400.

(4) A family child care provider registered with the CCLD shall be in compliance with the standards defined in OAR 414-205-0000 through 414-205-0170.

(5) If a program or a provider is operating a child care facility that is specifically excluded by Oregon law from state certification or registration requirements under ORS 329A.250 to 329A.290, the standards for service shall be defined by the CCLD in contract. The CCLD may require information regarding the status of certification or registration. The Department requires a criminal record check and enrollment of all providers and caregivers in the CCLD, Central Background Registry.

History

Statutory/Other Authority: ORS 329A.010
Statutes/Other Implemented: ORS 329A.010
DELC 65-2023, minor correction filed 11/21/2023, effective 11/21/2023
ELD 1-2016, f. & cert. ef 1-25-16
CCD 6-2003, f. 12-23-03, cert. ef. 12-28-03
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0120
HR 26-1992, f. & cert. ef. 8-27-92
HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92

Or. Admin. R. 414-150-0130 Payment for Services

(1) The maximum rates the Department pays for the Special Populations Child Care Program are determined by the most recent Department market price survey and shall be stated in the contract.

(2) Payment for child care services shall be made by the Department directly to the program of behalf of the client after services for the month have been rendered.

(3) To receive payment, the program shall submit an invoice to the Department on a form approved by the Department.

(4) The program shall be responsible for collection of any copayments from the parent. Copayment will be determined from the Employment Related Day Care Copayment Standard established in OAR 414-175-0050.

History

Statutory/Other Authority: ORS 329A.500 & ORS 329A.010
Statutes/Other Implemented: ORS 329A.500 & ORS 329A.010
DELC 66-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 1-2016, f. & cert. ef 1-25-16
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0130
HR 26-1992, f. & cert. ef. 8-27-92
HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92

Or. Admin. R. 414-150-0140 Limits on Disclosure

(1) No employee or volunteer of the Department, or other agency, may disclose information about clients except as provided by Oregon Revised Statutes 192.410 to 192.505, or at the direction of a court of competent jurisdiction, or upon advice of the Attorney General.

(2) The Department may disclose information in order to administer its programs and provide services when it is in the best interest of the applicant’s family, unless specifically forbidden by statutes, these rules or by court order. Reasons for disclosure include, but are not limited to, providing information to a social service agency, or service provider for the purpose of arranging appropriate child care services for the applicant’s family.

History

Statutory/Other Authority: ORS 329A.500 & ORS 329A.010
Statutes/Other Implemented: ORS 329A.010
DELC 67-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 1-2016, f. & cert. ef 1-25-16

Or. Admin. R. 414-150-0150 Exception

(1) Specific exception to any section of these rules may be granted for good and just cause by the Department.

(2) The exception must be requested in writing to the Department and show how the intent of the rule(s) will be met. All exceptions will remain on file.

(3) No exception will be granted which may jeopardize the health, safety, and well-being of any child in care.

(4) The granting of an exception shall not constitute a precedent for any other care provider or client family.

History

Statutory/Other Authority: ORS 329A.010
Statutes/Other Implemented: ORS 329A.500 & ORS 329A.010
DELC 68-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 1-2016, f. & cert. ef 1-25-16

Or. Admin. R. 414-150-0160 Parent Complaints

(1) All Contractors for the Special Populations child care services program shall establish a process through which families may present a grievance or complaint regarding child care services.

(2) Records of all complaints shall be maintained and the Department must be notified in writing of all grievance and complaints within ten (10) working days of receipt.

History

Statutory/Other Authority: ORS 329A.500 & ORS 329A.010
Statutes/Other Implemented: ORS 329A.010
DELC 69-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 1-2016, f. & cert. ef 1-25-16

Or. Admin. R. 414-150-0170 Mandatory Reporter

As required by Oregon Revised Statues (ORS) 419B.005 through 419B.050, contractor must immediately inform either the local office of the Department of Human Services or a law enforcement agency when they have reasonable cause to believe any child with whom the contractor comes in contact has suffered abuse, or any person with whom the contractor comes in contact has abused a child. Oregon Law recognizes child abuse to be physical injury; neglect or maltreatment; sexual abuse and sexual exploitation; threat of harm; mental injury; and child selling. Report must be made immediately upon awareness of the incident.

History

Statutory/Other Authority: ORS 329A
Statutes/Other Implemented: ORS 329A.010
ELD 1-2016, f. & cert. ef 1-25-16

Or. Admin. R. 414-175-0001 Purpose

(1) Under ORS 329A.500, the Department of Early Learning and Care has authority for the ERDC program.

(2) The purpose of division 175 rules is to establish eligibility criteria for the Employment Related Day Care (ERDC) program, which makes child care assistance available to eligible families. The rules also prescribe provider requirements and set forth the conditions to receive payment for providing child care to eligible families.

(3) Pursuant to ORS 327.274, the Department of Early Learning and Care may delegate by interagency agreement duties, functions or powers of the ERDC program to the Director of the Oregon Department of Human Services. These rules apply to the administration of the Department of Early Learning and Care, including as delegated to the Oregon Department of Human Services.

History

Statutory/Other Authority: ORS 329A.500 & ORS 327.274
Statutes/Other Implemented: ORS 329A.500
DELC 44-2023, minor correction filed 10/31/2023, effective 10/31/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0002 Definitions

The following definitions apply to division 175, unless the context indicates otherwise:

(1) "Adjusted income" means the amount determined by subtracting income deductions from countable income.

(2) "Assets" mean income and resources.

(3) “Authorized representative” means an individual aged 18 years or older or an organization permitted by these rules to act on behalf of an applicant in assisting the applicant with their application, renewal of eligibility, and other ongoing communications with the Department.

(4) "Basic decision notice" means a decision notice mailed no later than the date of action given in the notice.

(5) "Budgeting" means the process of calculating the benefit level.

(6) "Budget month" means the calendar month from which nonfinancial and financial information is used to determine eligibility and benefit level for the payment month.

(7) "Capital asset" means property that contributes toward earning self-employment income, either directly or indirectly. A "capital asset" generally has a useful life of over one year and a value, alone or in combination, of $100 or more.

(8) “Categorically eligible” means eligible for the ERDC program based on the presence of a single factor, or set of factors, except that certain federal requirements apply.

(9) "Caretaker" means an individual who is responsible for the care, control, and supervision of a child. The status of "caretaker" ends once the individual no longer exercises care, control, and supervision of the child for 30 days.

(10) "Certification period" means the period for which a caretaker is certified eligible for a program.

(11) "Child" includes natural, step, and adoptive children. The term "child" does not include an unborn child. A "child" need not have a biological or legal relationship to the caretaker but must be in the care and custody of the caretaker, must meet the citizenship or noncitizen status requirements of OAR 414-175-0021, and must be:

(a) Under the age of 18; or

(b) Under the age of 19 and in secondary school or vocational training at least half time.

(12) "Continuing benefit decision notice" means a decision notice that informs a caretaker of the right to continued benefits and is mailed in time to be received by the date benefits are, or would be, received.

(13) "Countable" means that an available asset (either income or a resource) is not excluded and may be considered to determine eligibility.

(14) "Decision notice" means a written notice of a decision by the Department regarding a caretaker's eligibility for benefits in a program.

(15) “Department” means the Department of Early Learning and Care, or its delegate, the Oregon Department of Human Services, in accordance with ORS 327.274 and as described in rule.

(16) "Domestic violence" means the occurrence of one or more of the acts described in subsections (a) to (d) of this section between family members, intimate partners, or household members:

(a) Attempting to cause or intentionally, knowingly, or recklessly causing physical injury or emotional, mental, or verbal abuse.

(b) Intentionally, knowingly, or recklessly placing another in fear of imminent serious physical injury.

(d) Using coercive or controlling behavior.

(e) As used in this section, "family members" and "household members" mean any of the following:

(A) Spouse;

(B) Former spouse;

(D) Individuals who are cohabitating or have cohabited with each other;

(E) Individuals who have been involved in a sexually intimate or dating relationship; or

(F) Unmarried parents of a child.

(17) "Eligibility" means the decision as to whether an individual qualifies, under financial and nonfinancial requirements, to receive program benefits.

(18) “ERDC” or “Employment Related Day Care” means Oregon’s primary child care assistance program for eligible families under this rule set.

(19) "Equity value" means fair market value minus encumbrances.

(20) "Experiencing homelessness" means an individual in the ERDC filing group who is experiencing a lack of a fixed, regular, and adequate nighttime residence. This includes, but is not limited to, individuals who are:

(a) Living in an emergency or transitionary shelter,

(b) Sharing housing with others due to loss of housing or economic hardship, or

(21) “Facility” means an individual, group of individuals, or entity that is caring for a child younger than 13 years of age or a child 18 or younger with special needs.

(22) "Fair market value" means the amount an item is worth on the open market.

(23) "Financial institution" means a bank, credit union, savings and loan association, investment trust, or other organization held out to the public as a place receiving funds for deposit, savings, checking, or investment.

(24) “Illegal activity” means an activity that is illegal under either Oregon law or federal law, or both. Working in the marijuana or psilocybin industry is considered an “illegal activity” under this rule.

(25) "Income producing property" means real or personal property that generates income for the financial group. Examples of "income producing property" are:

(a) Livestock, poultry, and other animals.

(b) Farmland that is leased or rented to a party outside the financial group and generates income from that lease or rental agreement. This refers to the land itself as a source of income and does not include farmland used in the operation of a farming business that is owned or managed by a member of the financial group.

(c) Rental homes (including a room or other space in the home or on the property of a member of the financial group), vacation homes, and condominiums.

(26) "Initial month" of eligibility means any of the following:

(a) The first month a benefit group is eligible for a program benefit in Oregon after a period during which the group is not eligible, or

(b) The first month a benefit group is eligible for a program benefit after there has been a break in the program benefit of at least one full calendar month. If benefits are suspended for one month, that is not considered a break.

(27) "In-kind income" means income in a form other than money (such as food, clothing, cars, furniture, payments made to a third party, and fringe benefits).

(28) "Legally married" means a marriage uniting two individuals according to:

(a) The statutes of the state where the marriage occurred;

(b) The common law of the state in which the two individuals previously resided while meeting the requirements for common law marriage in that state; or

(c) The laws of a country in which the two individuals previously resided while meeting the requirements for legal or cultural marriage in that country.

(29) "Life estate" means the right to property limited to the lifetime of the individual holding it or the lifetime of some other individual. In general, a "life estate" enables the owner of the "life estate" to possess, use, and obtain profits from property during the lifetime of a designated individual while actual ownership of the property is held by another individual. A "life estate" is created when an individual owns property and then transfers ownership to another individual while retaining, for the rest of the individual's life, certain rights to that property. In addition, a "life estate" is established when a member of the financial group purchases a "life estate" interest in the home of another individual.

(30) "Lodger" means someone who:

(a) Is living with a caretaker receiving Department benefits;

(b) Is not a member of the caretaker’s filing group; and

(31) "Lump-sum income" means earned or unearned income received too infrequently or irregularly to be reasonably anticipated, or received as a one-time payment. "Lump-sum income" includes but is not limited to:

(a) Retroactive benefits covering more than one month, whether received in a single payment or several payments.

(b) Income from inheritance, gifts, winnings, and personal injury claims.

(32) "Marriage" means the union of two individuals who are legally married.

(33) “Minor parent” means a parent under the age of 18.

(34) Nonstandard living arrangement” means each of the following locations:

(a) Foster care.

(b) Residential Care facility.

(d) Shelter for individuals who are homeless or domestic violence shelter.

(e) Lodging house if paying for room and board.

(f) Correctional facility.

(g) Medical institution.

(35) “Ongoing month” means any month following the initial month of eligibility, if there is no break in the program benefit of one or more calendar months.

(36) “ODHS” or “Oregon Department of Human Services” means the Oregon Department of Human Services.

(37) “Oregon ELMS” or “Oregon Early Learning Management System” means the Department’s online system used to manage child care provider licensing, enrollment, billing and payments processes.

(38) "Parent” means the biological or legal parent of a child or unborn child.

(a) If the person who gave birth (parent 1) to the child lives with an individual (parent 2) and either parent 1 or parent 2 claims that parent 2 is the other biological parent of the child or unborn, and no one else claims to be the other biological parent, parent 2 is treated as a parent even if parentage has not been legally established.

(b) A stepparent relationship exists if:

(A) The individual is legally married to the child's biological or adoptive parent; and

(B) The marriage has not been terminated by legal separation, divorce, or death.

(c) A legal adoption erases all prior legal and biological relationships and establishes the adoptive parent as the legal parent. However, the biological parent is also considered a "parent" if both of the following are true:

(A) The child lives with the biological parent; and

(B) The legal parent has given up care, control, and supervision of the child.

(39) "Payment month" means the calendar month for which benefits are issued.

(40) "Periodic income" means income received on a regular basis less often than monthly.

(41) "Primary person" means the filing group member who is responsible for providing information necessary to determine eligibility and calculate benefits. The caretaker is the primary person for ERDC.

(42) "Real property" means land, buildings, and whatever is erected on or affixed to the land and taxed as "real property".

(43) "Reimbursement" means money or in-kind compensation provided specifically for an identified expense.

(44) "Shelter-in-kind" means an agency or individual outside the financial group provides the shelter of the financial group, or makes a payment to a third party for some or all of the shelter costs of the financial group. "Shelter-in-kind" does not include temporary shelter provided by a domestic violence shelter, shelter for individuals who are homeless, or residential alcohol and drug treatment facilities or situations where no shelter is being provided, such as sleeping in a doorway, park, or bus station.

(45) "Sibling" means the brother or sister of an individual. "Biologically-related" means they share at least one biological or adoptive parent. "Step" means they are not biologically-related, but are related by the marriage of their parents.

(46) "Spousal support" means income paid (voluntarily, per court order, or per administrative order) by a separated or divorced spouse to a member of the financial group.

(47) "Spouse" means an individual who is legally married to another individual.

(48) "Stable income" means income that is the same amount each time it is received.

(49) "Standard living arrangement" means a location that does not qualify as a nonstandard living arrangement.

(50) "Timely continuing benefit decision notice" means a decision notice that informs the caretaker or the authorized representative of the filing group of the right to continued benefits.

(51) "Trust funds" mean money, securities, or similar property held by an individual or institution for the benefit of another individual.

(52) "USDA meal reimbursements" mean cash reimbursements made by the Oregon Department of Education for child-care providers who serve snacks and meals to children in their care.

(53) "Variable income" means earned or unearned income that is not always received in the same amount each month.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
DELC 134-2024, amend filed 06/26/2024, effective 07/01/2024
DELC 45-2023, minor correction filed 10/31/2023, effective 10/31/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0005 Application for ERDC Benefits

(1) A caretaker or the authorized representative of the filing group must submit an application for ERDC benefits on a form approved by the Department. As used in this rule, the “applicant” is the caretaker or the authorized representative of the filing group who submits an application. The applicant must submit the application to the Oregon Department of Human Services. Submitting an application to the Oregon Department of Human Services constitutes a request for benefits.

(2) The application must be accessed through the Oregon Department of Human Services. This includes, but is not limited to:

(a) Online ONE account at https://one.oregon.gov/UserRegistration/LoginCA;

(b) With a paper application; or

(c) By contacting the Oregon Department of Human Services to request assistance with applying for benefits. The request may be oral or in writing.

(3) The Date of Request is the day the request for benefits is received by the Oregon Department of Human Services.

(4) An applicant has forty-five (45) days to complete the application from the Date of Request. The Department may allow additional time if:

(a) Information needed to determine eligibility is expected to be received after the 45-day deadline, and the applicant has no control over the information;

(b) Circumstances beyond the control of the applicant prevent the Department from making the decision within the 45-day period; or

(5) As used in this rule, a “complete” application is one that:

(a) Enables the Department to determine eligibility in accordance with Division 175 of Chapter 414 of the Oregon Administrative Rules.

(b) Is signed by the applicant.

(A) An applicant who is unable to sign the application may sign with a mark, witnessed by Oregon Department of Human Services representative.

(B) An applicant submitting an electronic application must submit the application with an electronic signature.

(6) Except as provided otherwise in subsection (6)(b) and (c) of this rule, an interview with an adult in the filing group (see OAR 414-175-0015) or the authorized representative of the filing group is required to process an initial application and a renewal of benefits.

(a) If an applicant requests a face-to-face interview, the Oregon Department of Human Services will conduct a face-to-face interview.

(b) An interview is not required when the Department has implemented the Child Care Waitlist and it is determined that a decision notice of ineligibility will be sent under OAR 414-175-0010.

(c) A filing group that is experiencing homelessness or requires child care for a current foster child is not required to complete an interview during “priority processing,” as described in section (8) of this rule.

(7) If the Department requests additional information that is necessary to determine eligibility, the applicant is entitled to a written notice that includes a statement of the specific information needed to determine eligibility and the date by which the applicant must provide the required information.

(8) A filing group that is experiencing homelessness or requires child care for a current foster child may receive “priority processing.” For purposes of this rule, “priority processing” means the benefits may be open for up to three months while pending for required verification in accordance with OAR 414-175-0024 during the application period.

(9) The Department, through the Oregon Department of Human Services, will send a decision notice not later than 45th day after the Date of Request. The Department may extend the period if one or more of the following subsections applies:

(a) Information needed to determine eligibility is expected to be received after the 45-day deadline, and the applicant has no control over the information.

(b) Other circumstances beyond the control of the applicant prevent the Department from making the decision within the 45-day period.

(10) If an applicant files an application containing the caretaker’s name and address, the Department must send the caretaker a decision notice.

(11) An applicant may withdraw an application at any time.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0006 Authorized Representatives

(1) Unless otherwise limited by these rules, an authorized representative may do any of the following:

(a) With the exception of the authorized representative designation form and subject to the exception in subsection (c) of this section (1): complete, sign, and submit any applications, renewals, or documents on behalf of the applicant or caretaker.

(b) Receive copies of notices and other communications from the Department for the applicant or caretaker.

(c) Act on behalf of the applicant or caretaker by reporting information and submitting requests to the Department or the Oregon Department of Human Services.

(2) The following individuals may appoint an authorized representative on a form designated by the Department subject to the limitations listed in sections of this rule, unless the individual is included in the filing group for the purpose of determining eligibility based on tax filing status:

(a) The head of household, primary person, or caretaker.

(b) Any individual age 18 and older who is included in each eligibility determination group of the head of household, primary person, or primary contact.

(c) An individual given legal guardianship or power of attorney for the head of household, primary person, or caretaker included in each eligibility determination group.

(3) The Department may accept a designation of an authorized representative via any of the following methods, which must include either a handwritten or electronic signature of both the individual designating the authorized representative and the authorized representative:

(a) The Internet.

(b) E-mail.

(d) Telephonic recording.

(e) In person.

(f) Other electronic means.

(4) The following individuals may not serve as an authorized representative:

(a) An individual serving an Intentional Program Violation, unless the Department determines no one else is available to serve as the authorized representative.

(b) A person who may cause harm to the individual.

(d) Employees of the Department or an employee of the Department’s designee or contractor involved in the certification or issuance processes for ERDC benefits, unless a designated official determined no one else is available to serve as an authorized representative and has given approval.

(5) The authorized representative must maintain the confidentiality of any information provided by the Department or the Oregon Department of Human Services regarding the represented individual.

(6) An individual or organization ceases to be an authorized representative when:

(a) A represented individual notifies the Department or the Oregon Department of Human Services that the designation is terminated;

(b) A represented individual appoints a different authorized representative;

(c) The authorized representative notifies the Department or the Oregon Department of Human Services that the designation is terminated;

(d) The Department or Oregon Department of Human Services determines the authorized representative is no longer permitted to be the authorized representative; or

(e) There is a change in the legal authority upon which the authorized representative’s authority was based.

(7) An authorized representative may be subject to an overpayment (see OAR 461-195-0501 and OAR 461-195-0541) in addition to other penalties. The Oregon Department of Human Services, on behalf of the Department, may prohibit the person from serving as an authorized representative for one year.

(8) If an individual has applied for or is requesting benefits under the ERDC program, through an authorized representative for purposes of these rules, the individual must utilize the same authorized representative to apply for benefits on behalf of the individual under any other programs in Chapter 461 of the Oregon Administrative Rules, in accordance with OAR 461-115-0090.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 1-2025, amend filed 02/27/2025, effective 03/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0007 When New Applications Are Not Required

A new application is not required when:

(1) A single application can be used both to determine an individual is ineligible on the Date of Request and to determine the individual is eligible when anticipated changes make the Filing group eligible within forty-five (45) days from the Date of Request;

(2) A case is closed and reopened during the same calendar month;

(3) A case closed during the certification period and the individual reports a change in circumstances prior to the end of the month following the closure, and the reported change will make the individual eligible; or

(4) To add any individual, including a newborn child, to the Benefit Group.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0010 Waitlist for ERDC

(1) Eligibility is subject to the availability of funds. The Department may implement a Child Care Waitlist whenever the Department determines that sufficient funding is not available to sustain benefits for all of the applicants requesting ERDC benefits.

(2) The Department may activate or deactivate one or more of the exemption criteria in Section 3 of this rule. At minimum, the Department must allow a 30-day notice on the Department website when deactivating an exemption criteria.

(3) New applicants will be placed on the Child Care Waitlist unless the ERDC filing group meets the income limits in OAR 414-175-0050 and meets at least one active exemption listed in the following paragraphs:

(a) Received a partial or full month of cash benefits from the Refugee (REF), State and Family Pre-SSI (SFPSS), or Temporary Assistance to Needy Families (TANF) programs in the state of Oregon in at least one of the preceding three months.

(b) Determined eligible for, and being placed in, a current opening in a Head Start program contracted slot, an Early Head Start Child Care Partnership contracted slot, or a Baby Promise program contracted slot.

(c) The caretaker is currently working with Child Welfare as part of a Child Protective Services (CPS) assessment or open case and Child Welfare has determined the use of child care will:

(A) Prevent removal of the child from their home;

(B) Allow a child to be returned home; or

(C) Allow for placement of the child with a relative or with an adult whom the child or the family of the child has an established relationship.

(d) Determined eligible for Temporary Assistance to Domestic Violence Survivors (TA-DVS) program benefits from the state of Oregon in the current month or at least one of the preceding three months.

(e) Was part of an ERDC filing group with a break in ERDC benefits of no more than two consecutive calendar months.

(4) When the Child Care Waitlist is in effect, the Department must place all applicants who are subject to the Child Care Waitlist under section (2) of this rule on the Child Care Waitlist for future selection. The Department sends these applicants a decision notice of ineligibility for the ERDC program.

(5) Each month, on the basis of an estimate of available funds, an appropriate number of individuals from the Child Care Waitlist are selected on a first-in and first-out basis and invited to apply for ERDC.

(6) After an individual is selected from the Child Care Waitlist, the individual must establish a date of request no later than 45 days after the date on the selection letter. The individual may request child care benefits from the Department:

(a) Without completing a new application, when the previous application is within 45 days of its date of request; or

(b) By submitting a new application for child care benefits to the Department in accordance with OAR 414-175-0005.

(7) The processing time frame for the ERDC application is the same as that specified in OAR 414-175-0005, except that:

(a) If the Department does not receive a request for benefits within the deadline to apply, the individual is dropped from the Child Care Waitlist.

(b) An individual who requests benefits after the 45-day deadline to apply (see section (5) of this rule) will be returned to the Child Care Waitlist.

(8) The Department may send periodic notices to individuals on the Child Care Waitlist to ensure that the list contains individuals who still want to receive ERDC benefits.

(a) The Department shall allow at least 30 days for individuals to respond to the notice.

(b) The Department may remove individuals from the Child Care Waitlist who indicate they no longer want ERDC benefits or who do not respond to the notice by the deadline.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 4-2025, minor correction filed 04/30/2025, effective 04/30/2025
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
DELC 135-2024, temporary amend filed 09/25/2024, effective 10/16/2024 through 12/31/2024
DELC 11-2024, amend filed 02/28/2024, effective 03/01/2024
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0011 Certification Period

(1) The length of the certification period may not be less than 12 months. In the following situations the certification period may be extended beyond the certification end date:

(a) Caretakers in authorized work search and medical leave are limited to no more than three additional months.

(b) Caretakers on military transition are limited to no more than six additional months.

(c) Caretakers who have entered into a contracted slot with Head Start, Early Head Start or the Early Head Start Child Care Partnership program are limited to no more than eleven additional months.

(d) Caretakers who are Categorically Eligible through a determination of TANF eligibility may have their ERDC benefits extended through the end of the TANF benefit period.

(2) ERDC benefits may be terminated mid-certification only if one of the following occur:

(a) There is no longer an eligible child or no longer an eligible caretaker in the need group pursuant to OAR 414-175-0020;

(b) The filing group no longer meets the resource limit or eligibility standards in accordance with OAR 414-175-0050(1)(b)(B), except for filing groups categorically eligible under Expanded Child Welfare (EXP CW);

(d) A Caretaker or Authorized Representative in the Need Group requests to terminate their ERDC benefits; or

(e) No members of the filing group reside in Oregon.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0015 Eligibility Group Structure

(1) The Household Group is used to determine whose information is relevant to the application. The household group generally consists of the individuals who live together with or without the benefit of a dwelling.

(a) For individuals who are experiencing homelessness, the household group consists of the individuals who consider themselves living together. Individuals who are experiencing homelessness who do not consider themselves living together are considered separate households.

(b) A separate dwelling is not recognized for the purpose of determining the members of a household group unless the living space has, separate from any other dwelling, an access to the outside that does not pass through another dwelling, a functional sleeping area, bathroom, and kitchen facility.

(d) A separate household group is established for individuals who live in the same dwelling as another household group, if all the following subsections are true:

(A) There is a landlord-tenant relationship between the two household groups in which the tenant is billed by the landlord at fair market value for housing.

(B) The tenant lives independently from the landlord.

(i) Has and uses sleeping, bathroom, and kitchen facilities separate from the landlord; or

(ii) Shares bathroom or kitchen facilities with the landlord, but the facilities are in a commercial establishment that provides room or board or both for compensation at fair market value.

(e) Except when a child lives with different caretakers during the month, individuals who live with more than one household group during a calendar month are members of the household group in which they spend more than half of their time. If a child lives with different caretakers during the month, the child is considered a member of both household groups.

(f) Individuals absent from the household for thirty (30) days or more are no longer part of the household group, except for the following:

(A) Absent because the individual is in an acute care medical facility remains in the household group unless the individual enters long-term care.

(B) Absent because of education, training, or employment, including long-haul truck driving, fishing, or active duty in the U.S. armed forces;

(D) Absent but reasonably anticipated to return within ninety (90) days; or

(E) A caretaker who is absent for up to ninety (90) days while in a residential alcohol or drug treatment facility is in the household group.

(F) A child who is absent for thirty (30) days or more is in the household group if the child is:

(i) Absent for illness (unless the child is in a long-term care Title XIX facility), social service, or educational reasons; or

(ii) In foster care, but expected to return to the household within the next thirty (30) days.

(2) The Filing group is used to determine which individuals within the Household group must satisfy all relevant eligibility criteria.

(a) The filing group consists of the following:

(A) Each individual from the household group who chooses to apply for benefits; and

(B) Each individual who must be included because of their relationship to an individual described in subsection (2)(a)(A) of this section.

(b) If the filing group does not include an applicant who meets all nonfinancial eligibility requirements, the filing group is ineligible.

(c) When an individual in a household group is in more than one filing group for the same program, the filing groups must be combined, unless specified otherwise in administrative rule.

(d) The filing group consists of each of the following applicants and household group members, even if the individuals does not meet nonfinancial eligibility requirements:

(A) The caretaker of the child for whom ERDC benefits are requested, unless a child care provider is caring for the child of:

(i) A member of the National Guard or U.S. Armed Forces Reserve unit; or

(ii) Who has been called to active duty away from the child’s home for more than thirty (30) days.

(B) An unmarried child and any sibling, less than eighteen (18) years of age or eighteen (18) years of age and attending secondary school or vocational training at least half time, in the care and custody of the caretaker. A foster child is included if the caretaker wants to include the child in the need group.

(D) Any Parent of an unborn child.

(E) The Spouse of the caretaker.

(e) A Minor parent may form a separate filing group with their dependent child or children when the minor parent applies as a caretaker.

(3) The financial group, need group, and benefit group consist of each individual in the filing group. Each individual in each group must satisfy all relevant eligibility criteria for the benefit group to be determined eligible to receive benefits.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 1-2025, amend filed 02/27/2025, effective 03/01/2025
DELC 134-2024, amend filed 06/26/2024, effective 07/01/2024
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0020 General Eligibility Requirements

(1) To be eligible for benefits, an individual must be a resident of Oregon.

(a) There is no minimum amount of time an individual must live in Oregon to be a resident.

(b) The individual must intend to remain in Oregon.

(d) An individual continues to be a resident of Oregon during a temporary period of absence if the individual intends to return when the purpose of the absence is completed.

(2) An individual is not required to provide or apply for a social security number (SSN) to be included in the Filing group.

(3) The filing group must include a child who needs child care.

(4) A child must live with a caretaker.

(5) A filing group is not eligible for child care when the caretaker or parent in the filing group receives a grant for child care from the Office of Student Access and Completion for any month the grant is intended to cover, regardless of when the grant is received.

(6) Until May 1, 2024, children in the Need Group must meet the immigration or legal status requirements in OAR 414-175-0021 and the age requirements in OAR 414-175-0022.

(7) The filing group must certify that they do not exceed the resource limit.

(8) The filing group must meet the income limits in OAR 414-175-0050, except filing groups categorically eligible under Expanded Child Welfare (EXP CW).

(9) A filing group not willing to show verification of immunizations, proof that the immunization series has started, or a copy of the medical or non-medical exemption form for the child is not eligible for ERDC benefits.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0021 Citizenship and Noncitizen Status

(1) Until May 1, 2024, a child in a filing group must meet one of the following citizenship and noncitizen status requirements:

(a) Be a citizen of the United States;

(b) Be a citizen of Puerto Rico, Guam, the Virgin Islands or Saipan, Tinian, Rota or Pagan of the Northern Mariana Islands;

(d) Be enrolled in programs that are subject to Head Start Performance Standards and are supported by both Head Start and CCDF funds. Caretakers must submit verification of Head Start enrollment in lieu of other documentation;

(e) Be enrolled in contracted programs. A Head Start eligibility checklist may be used as verification; or

(f) Meet one of the following noncitizen status requirements:

(A) An individual who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq).

(B) An Afghan or Iraqi individual granted special immigrant visa status (SIV) under section 101(a)(27) of the INA. These individuals are lawfully admitted for permanent residence under the INA.

(C) An individual who is an “Amerasian” who is granted immigration status under section 584 of Public Law 100-202; the Foreign Operations, Export Financing, and Related Program Appropriations Act of 1988; as amended by Public Law 100-461. These individuals are lawfully admitted for permanent residence under the INA.

(D) An individual who is admitted to the United States as a refugee under section 207 of the INA (8 U.S.C. 1157).

(E) An individual who is granted asylum under section 208 of the INA (8 U.S.C. 1158).

(F) An individual who is a “Cuban or Haitian entrant” (as defined in section 501(3) of the Refugee Education Assistance Act of 1980).

(G) An individual who is a “victim of a severe form of trafficking in persons” certified under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7101 to 7112).

(H) An individual who is a family member of a victim of a severe form of trafficking in persons who holds a visa for family members authorized by the Trafficking Victims Protection Reauthorization Act of 2003 (22 U.S.C. 7101 to 7112).

(I) An individual whose deportation is being withheld under section 243(h) of the INA (8 U.S.C. 1253(h)) (as in effect immediately before April 1, 1997) or section 241(b)(3) of the INA (8 U.S.C. 1231(b)(3)) (as amended by section 305(a) of division C of the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, 110 Stat. 3009-597 (1996)).

(J) An individual who is paroled into the United States under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) for a period of at least one year.

(K) An individual who is granted conditional entry pursuant to section 203(a)(7) of the INA (8 U.S.C. 1153(a)(7)) as in effect prior to April 1, 1980.

(L) An individual who is a dependent child who meets the requirements of 8 U.S.C. 1641(c), as determined by the U.S. Citizenship and Immigration Services (USCIS).

(M) An Indigenous, First Nation, Inuit, Métis or Aboriginal individual who is an “American Indian” born in Canada to whom the provisions of section 289 of the INA (8 U.S.C. 1359) apply.

(N) A member of an “Indian tribe,” as defined in section 4(e) of the Indian Self-Determination and Education Act (25 U.S.C. 450b(e)).

(O) An individual who is a noncitizen who is currently a survivor of domestic violence or who is at risk of becoming a survivor of domestic violence.

(2) A caretaker or an authorized representative must report the citizenship or noncitizen status of any child required to meet the requirements above. An adult member of the filing group or an authorized representative must sign a statement under penalty of perjury attesting to this status for each child in the Filing Group.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0022 Age Requirements

(1) If the year of an individual's birth is known but the month is unknown, the month of birth is presumed to be July. If the date of birth is unknown, the date of birth is presumed to be the first of the month.

(2) To be determined eligible for ERDC benefits at the time of application or recertification, a child must be:

(a) Under 13 years of age; or

(b) Under 18 years of age, and:

(A) Physically or mentally incapable of self-care;

(B) Under court supervision;

(D) Eligible for the high need rate for child care in OAR 414-175-0076; or

(E) Subject to circumstances that significantly compromise the child's safety or the caretaker's ability to work or participate in an assigned activity if child care is not available.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 54-2024, minor correction filed 04/15/2024, effective 04/15/2024
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0023 Requirement to Establish a Child Care Need and Hours Authorizations

(1) The following is required to establish a child care need:

(a) Except for as described in (2) below, every caretaker in the filing group must meet one of the following requirements:

(A) Receive income from employment. This includes self-employment and employment through a work study program.

(B) Participate in education hours, either through:

(i) Coursework that leads to a certificate, degree, or job-related knowledge or skills attainment at an institution of higher education approved to receive federal financial aid; or

(ii) Participation in a high school education or general equivalency diploma (GED) program. To be eligible under this subparagraph the caretaker must be twenty (20) years of age or younger.

(b) Except for as described in (2) below, if there are multiple caretakers required to be in the filing group, and one of them does not meet any of the criteria in section (1)(a) above, that caretaker is considered available to provide child care, making the filing group ineligible, except in the following situations:

(A) The adult is physically or mentally unable to provide adequate child care. This must be verified pursuant to 414-175-0024.

(B) Confirmation is received from the Office of Child Welfare Programs that supervised contact is required between the child and the adult.

(2) If a child or caretaker is Categorically Eligible for ERDC benefits in accordance with OAR 414-175-0025, sections (1), (3), and (4) of this rule do not apply and the copay is waived.

(3) When child care is covered and when copays are waived or reduced

(a) The cost of dependent child care may be paid for by the Department (is covered) when dependent child care is necessary for the caretaker to perform the caretaker’s job duties or complete educational hours, including study time.

(b) The cost of dependent child care is not covered by the Department when free care is available, such as during school hours for school-age children, unless a child is not attending in-person schooling and is instead participating in distance learning in the following circumstances:.

(A) Due to medical concerns with the child, a member of the child’s household, or a family member with whom the child has frequent contact; or

(B) Due to mental health concerns specific to the child.

(c) Child care is not covered if the nature of the work of the caretaker does not make it necessary for a person other than the caretaker to provide the care. Child care is not covered during a period of time when:

(A) The nature of the work allows the caretaker to provide the care without significantly affecting the work;

(B) The caretaker provides child care in a residence, unless the provider is a certified family home under OAR 414-350-0000 to 414-350-0400 or certified center under OAR 414-305-0100 to 414-305-1620.

(C) The caretaker works for a provider of child care in a residence, unless the provider is a certified family child care home under OAR 414-350-0000 to 414-350-0400 or is a certified center under OAR 414-305-0100 to 414-305-1620.

(d) The cost of dependent child care may continue to be paid for by the Department (is covered) during the certification period with no change to the authorized child care hours or copay amount subject to the following provisions:

(A) When a reduction in work hours occurs, the copay may be adjusted.

(B) When a job loss occurs:

(i) When a caretaker has a permanent job loss from all employment the copay is waived for:

(I) The remainder of the certification period if there are three or more months remaining in the period; or

(II) For up to three months for instances where job loss occurred in months 10 through 12 of the certification period.

(ii) The waiver ends if the caretaker becomes employed.

(iii) Any reason a caretaker is experiencing job loss is a “good cause” reason and qualifies a caretaker for authorized work search.

(i) When a caretaker who is a discharged U.S. military member returns from active duty in a military war zone, the copay is waived for up to six months starting the month after the military member returns home.

(ii) The copay waiver ends at the end of the six month period if the caretaker becomes employed. The copay waiver ends before the end of the six month period if the caretaker returns to active duty.

(D) Under this section child care may be used for work, work search, education hours, military transition activities, or other activities to maintain a part-time or full-time slot at a child care facility.

(e) In the ERDC program the cost of dependent child care may be paid for by the Department (is covered) at the beginning of the certification period or may continue to be paid for by the Department (is covered) with no change to the authorized child care hours if the caretaker is on medical leave from current employment or education during the certification period. Medical leave includes a Caretaker on leave due to their own condition or to care for a child in the Filing Group.

(A) When a Caretaker is on medical leave the reason for the leave must be verified including diagnosis and prognosis under OAR 414-175-0024, except that parental leave may be authorized for up to three calendar months without medical documentation.

(B) When a caretaker is on medical leave during the certification period and meets section (1) of this rule, the copay is waived starting the month after medical leave begins. The copay waiver:

(i) May not go beyond the last day of the certification period, subject to OAR 414-175-0011.

(ii) Ends at the end of the medical leave period, unless the caretaker is still on medical leave or requires extended parental leave and new verification is received prior to the end of the month noted on the original documentation, or for parental leave without medical documentation, prior to the end of third calendar month.

(f) When a caretaker is on medical leave at the time of initial application or certification, and meets subsection (1) of this rule, the copay may be waived. The copay waiver:

(A) May not go beyond the last day of the certification period, subject to OAR 414-175-0011.

(B) Ends at the end of the medical leave period, unless the caretaker is still on medical leave or requires extended parental leave and new verification is received prior to the end of the month noted on the original documentation, or for parental leave without medical documentation, prior to the end of the third calendar month.

(4) The cost of dependent child care may be paid for (is covered) by the Department, only if all the following are true:

(a) The child is a member of the benefit group and is in the care, control, and custody of an individual in the group.

(b) The provider of child care is not in the filing group.

(5) Child Care Hours Allowances

(a) Unless otherwise specified below, child care hours are determined as follows:

(A) When the allowable child care need totals 20 or fewer weekly hours of dependent child care, 20 weekly hours are allowed.

(B) When the allowable child care need totals more than 20 but no more than 40 weekly hours of dependent child care, 40 weekly hours are allowed.

(D) In addition to the weekly hours allowed in paragraphs (5)(a)(A) through (cC), above, study hours will be allowed as follows:

(i) 5 weekly hours for a caretaker who spends less than 12 hours a week in education settings.

(ii) 10 weekly hours for a caretaker who spends 12 or more hours a week in education settings.

(b) For a need group that has been determined Categorically Eligible for ERDC or under Expanded Child Welfare (EXP CW) in accordance with OAR 414-175-0025, child care hours are determined as follows:

(A) 20 weekly hours of child care are allowed.

(B) A caretaker may request additional weekly child care hours. The caretaker must state a reason for needing additional weekly child care hours. Additional child care hours may be authorized in accordance with subsections (5)(a)(B) and (C) above, except for the following:

(i) To secure access to a child care facility requiring a child to be in care for more than 25 weekly hours;.

(ii) When a caretaker reports the additional hours are needed due to inconvenient drop off or pick up times; or

(iii) To secure overnight care when the caretaker is not participating in overnight activities.

(c) In addition to the hours allowance provided in (5)(a) or (b) above, a need group receives 25% of the weekly hours allowance each week for the purposes of travel or commuting.

(d) Monthly hours allowances are calculated by multiplying the need group’s weekly hours allowance by 4.3.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 1-2025, amend filed 02/27/2025, effective 03/01/2025
DELC 131-2024, minor correction filed 06/17/2024, effective 06/17/2024
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0024 Verification Requirements

(1) Methods of verifying information include the following:

(a) Electronic: Information available and provided to the Department by worker-initiated verification through system access. Electronic verification is the preferred method when information is available.

(b) Self-attestation: Information provided orally or in writing by or on behalf of an individual. Self-attestation is only accepted where indicated below and no other method is required.

(c) Documentation: Documentary evidence provided by or on behalf of an individual or obtained by the Department from a third party. Documentation is required whenever electronic verification is not available and self-attestation is not allowed. Medical documentation must be written and must contain all the following:

(A) A diagnosis in medical terminology, including an explanation of whether the impairment limits the individual's ability to perform normal functions and, if so, how.

(B) A prognosis, including an expected recovery time frame.

(C) Clinical findings from physical examination, psychiatric evaluation, X-rays, or a laboratory procedure, including specific data supporting diagnosis of a condition that causes disability, either on a medical or psychiatric basis.

(2) Acceptable forms of medical documentation include:

(a) Medical evaluations from licensed physicians, psychiatrists, osteopaths, nurse practitioners, physician assistants, and ophthalmologists.

(b) Vision assessments from ophthalmologists and licensed optometrists.

(c) Mental health evaluations from psychiatrists, licensed or certified psychologists, and psychiatric mental health nurse practitioners.

(d) Supplemental medical and vocational information to augment evaluations from acceptable medical sources, from a licensed social worker, licensed physical or occupational therapist, or licensed nurse practitioner.

(3) The following information must be verified at initial application, recertification, and whenever eligibility for benefits becomes questionable, except as outlined in sections 4, 5 and 6.

(a) Countable income

(b) Special Needs Rate such that a request for the higher rate must be received and the disability must be verified by one of the following:

(A) A physician, nurse practitioner, clinical social worker, or any additional sources in section 2 of this rule.

(B) Eligibility for Early Intervention and Early Childhood Special Education Programs, or school-age Special Education Programs.

(d) Resources: self-attestation is allowable

(e) Child care need

(f) Second caretaker unable to provide adequate care

(g) Need for care of child(ren) age 13 or older at the time of application or recertification must be verified by one of the following:

(A) A clinical social worker or any additional sources in section 2 of this rule.

(B) A child’s eligibility for SSI

(D) A child’s eligibility for foster care payments

(E) Other unique circumstances where the child’s safety or the caretaker’s ability to work or participate in authorized activities will be significantly compromised if child care is not approved: self-attestation is allowed.

(h) Eligibility for priority processing: self-attestation is allowable.

(i) Caretaker’s schedule: self-attestation is allowable.

(j) Immunizations:

(A) Reporting that immunizations are up to date: self-attestation is allowable.

(B) Reporting that an immunization series has started or that requirements are met due to having the medical or non-medical exemption form: documentation is required.

(k) Payment of an unpaid copay

(l) Head Start enrollment

(m) Authorized Medical Leave

(A) Parental leave:

(i) Up to 3 months: self-attestation is allowable.

(ii) More than 3 months: medical documentation is required.

(B) Medical leave for any other reason: medical documentation or verbal or written verification from the caretaker's employer confirming that the caretaker is on medical leave from employment is required.

(4) The following information must be verified during a certification period:

(a) A change in income:

(A) A decrease in income to reduce the copay.

(B) An increase in income due to a new filing group member entering the home.

(b) An increase in child care hours: electronic verification or documentation is required.

(5) For filing groups categorically eligible for ERDC, self-attestation is allowed except as outlined in subsection (3)(j)(B).

(6) For filing groups categorically eligible under Expanded Child Welfare (EXP CW), self-attestation is allowed for child care need, hours and income.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 11-2025, amend filed 12/18/2025, effective 01/01/2026
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0025 Categorical Eligibility for ERDC

(1) Subject to section (3) of this rule, a child or caretaker and their associated need group are categorically eligible for ERDC benefits if:

(a) A child care need is established through an application in accordance with OAR 414-175-0005, and

(b) The following factor is true for a child or a caretaker in a need group:

(A) The individual is determined eligible for Temporary Assistance for Needy Families (TANF) benefits; or

(B) The individual is determined eligible for Expanded Child Welfare (EXP CW) based on the use of Child Welfare protective services in Oregon in one or more of the following situations:

(i) Currently receiving Child Abuse Prevention services;

(ii) Currently receiving or has received Family Reunification services in the last 12 months;

(iii) Currently receiving Foster Care services;

(iv) Currently receiving Subsidized Guardianship services; or

(v) Currently participating in Family Support Services program.

(2) Subject to section (3) of this rule, any family receiving TANF JOBS child care support services for care provided in June of 2023, pursuant to OAR 461-160-0193, shall be determined categorically eligible for ERDC benefits on July 1, 2023; a family does not need to comply with OAR 414-175-0005.

(3) Categorical eligibility for ERDC requires ongoing compliance with the following federal Child Care Development Fund requirements:

(a) Until May 1, 2024, children in the Need Group must meet the immigration or legal status requirements in OAR 414-175-0021 and the age requirements in OAR 414-175-0022;

(b) The filing group must certify that they do not exceed the resource limit;

(c) The filing group must meet the income limits in OAR 414-175-0050, except for filing groups categorically eligible under Expanded Child Welfare (EXP CW); and

(d) A Need group not willing to show verification that immunization requirements in accordance with OAR 414-175-0024 have been met for the child is not eligible for ERDC benefits.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0030 General Financial Eligibility

(1) General Financial Eligibility Provisions

(a) An available asset, either income or a resource, is categorized as either excluded or countable.

(b) Excluded assets are identified in the rules in this chapter and are not considered when an individual's eligibility and benefit level are determined.

(c) An available asset not specifically excluded is countable, and its value is used in determining the eligibility and benefit level of an individual.

(d) An asset may not be counted as a resource and as income in the same month.

(e) The treatment of a check is based on the source of the funds.

(f) If an asset is converted to other uses, the asset is treated under the other applicable rules.

(2) Resources

(a) Jointly-owned resources are available to members of a financial group only to the extent they own the resource. For the purposes of this section, “liquid resources” means cash as well as other resources that can be converted to cash within 20 business days.

(b) A resource is not available to an individual in the financial group in each of the following situations:

(A) The individual has a legal interest in the resource, but the resource is not in the individual’s possession and the individual is unable to gain possession of it.

(B) The resource is jointly owned with others not in the financial group who are unwilling to sell their interest in the resource, and the individual’s interest is not reasonably saleable.

(C) The individual verifiably lacks the competence to gain access to or use the resource and there is no legal representative available to act on the individual’s behalf.

(D) The individual is a victim of domestic violence and:

(i) Attempting to use the resource would subject the individual to risk of domestic violence; or

(ii) The individual is using the resource to avoid the abusive situation.

(d) If a resource is subject to an early withdraw penalty, the amount of the penalty is not available.

(3) Determining Availability of Income

(a) Income is considered available the date it is received or the date a individual in the financial group has a legal right to the payment and the legal ability to make it available, whichever is earlier, except as follows:

(A) Income usually paid monthly or on some other regular payment schedule is considered available on the regular payment date if the date of payment is changed because of a holiday or weekend.

(B) Income withheld or diverted at the request of an individual is considered available on the date the income would have been paid without the withholding or diversion.

(D) Income that is averaged, annualized, converted, or prorated is considered available throughout the period for which the calculation applies.

(E) A payment due to a member of the financial group, but paid to a third party for a household expense, is considered available when the third party receives the payment.

(F) In prospective budgeting, income is considered available in the month the income is expected to be received.

(b) The following income is considered available even if not received:

(A) Deemed income.

(B) The portion of a payment from an assistance program, such as public assistance, unemployment compensation, or Social Security, withheld to repay an overpayment.

(c) The amount of income considered available is the gross before deductions, such as garnishments, taxes, or other payroll deductions including Flexible Spending Accounts (FSA), Medical Savings Accounts (MSA), Health Reimbursement Arrangements (HRA), and Health Savings Accounts (HSA).

(d) The following income is not considered available:

(A) Wages withheld by an employer in violation of the law.

(B) Income received by another individual who does not pay the individual their share.

(D) Moneys withheld from or returned to the source of the income to repay an overpayment from that source unless the repayment is countable under subsection (3)(a) of this rule.

(E) For an individual who is not self-employed, income required to be expended on an ongoing, monthly basis on an expense necessary to produce the income, such as supplies or rental of work space.

(F) Income received by the financial group but intended and used for the care of an individual not in the financial group as follows:

(i) If the income is intended both for an individual in the financial group and an individual not in the financial group, the portion of the income intended for the care of the individual not in the financial group is considered unavailable.

(ii) If the portion intended for the care of the individual not in the financial group cannot readily be identified, the income is prorated evenly among the individuals for whom the income is intended. The prorated share intended for the care of the individual not in the financial group is then considered unavailable.

(G) Income controlled by the individual’s abuser if the individual is a survivor of domestic violence, the individual’s abuser controls the income and will not make the money available to the filing group, and the abuser is not in the individual’s filing group.

(4) Treatment of Excluded Assets

(a) Excluded income remains excluded so long as it is kept in a separate account and not commingled with other funds.

(b) Excluded income that is commingled in an account with funds not excluded remains excluded for six months from the date it is commingled, after which it is counted as a resource.

(5) Periodic income is averaged over the applicable period.

(6) Lump sum income is excluded.

(7) Income received from an illegal activity as defined in OAR 414-175-0002 is considered countable income.

(8) Individuals applying for ERDC are not required to make a good faith effort to obtain any asset to which the individual has a legal right or claim.

(9) Earned income is income received in exchange for an individual's physical or mental labor. Earned income includes all of the following:

(a) Compensation for services performed, including wages, salaries, commissions, tips, sick leave, vacation pay, draws, or the sale of blood or plasma.

(b) Income from on-the-job-training, paid job experience, and JOBS Plus work experience.

(c) In-kind income, when an individual is an employee of the person providing the in-kind income and the income is in exchange for work performed by the individual, or when received as compensation from self-employment.

(d) For self-employment, gross receipts and sales, including mileage reimbursements, before costs.

(e) Cafeteria plan benefits that an employee takes as cash, and funds placed in a Flexible Spending Account (FSA), Medical Savings Accounts (MSA), Health Reimbursement Arrangements (HRA), and Health Savings Accounts (HSA).

(f) Income from work-study.

(g) Income from profit sharing that the individual receives monthly or periodically.

(h) The fee for acting as an individual's representative payee, when that individual is not included in the filing group.

(i) The income a principal earns working for a corporation, unless the individual can be considered self-employed.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 11-2025, amend filed 12/18/2025, effective 01/01/2026
DELC 134-2024, amend filed 06/26/2024, effective 07/01/2024
DELC 40-2023, minor correction filed 10/31/2023, effective 10/31/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0035 Specific Financial Requirements

The following assets are countable or excluded for the purposes of evaluating whether the Financial Group meets the income and resource limits in OAR 414-175-0050:

(1) Achieving a Better Life Experience (ABLE) Act

(a) In all programs, funds held in ABLE Act accounts are excluded as resources.

(b) Monies withdrawn from ABLE Act accounts are excluded as income if they are used for Qualified Disability Expenses. For purposes of this section, “Qualified Disability Expenses” include, but are not limited to, the following:

(A) Education;

(B) Housing;

(D) Employment training and support;

(E) Assistive technology and personal support services

(F) Health;

(G) Prevention and wellness;

(H) Financial management and administrative services;

(I) Legal fees;

(J) Expenses for oversight and monitoring; and

(K) Funeral and burial expenses.

(c) Funds withdrawn from ABLE Act accounts for purposes other than Qualified Disability Expenses, above, are counted as unearned income.

(2) Adoption Assistance: Adoption assistance is excluded.

(3) Agent Orange Settlement Act

(a) Benefits from the Agent Orange Settlement Fund made by Aetna Life and Casualty for settling Agent Orange disability claims are excluded.

(b) Payments made under the Agent Orange Act of 1991, and issued by the U.S. Treasury through the Department of Veterans Affairs, are counted as unearned income.

(4) Alaska Permanent Fund Dividend

(a) The Alaska Permanent Fund Dividend is issued annually to eligible Alaskan residents who apply for the payment. Out-of-state residents, except military personnel and students who claim Alaska as their residence, are not eligible unless they resided in Alaska and filed for the payment before leaving the state.

(b) Alaska Permanent Fund Dividend payments are considered lump-sum income and therefore excluded.

(5) Animals

(a) Animals that are kept as pets or raised as food for the filing group are excluded.

(b) The treatment of an animal considered income-producing property is covered by section (35) of this rule.

(6) Annuities

(a) For the purposes of section (6):

(A) “Actuarially sound” means commercial annuities (see subsection (a)(iv) of this section) that pay principal and interest out in equal monthly installments over the actuarial life expectancy of the annuitant, with no deferral and no balloon payments. For purposes of this definition, the actuarial life expectancy is established by the Periodic Life Table of the Office of the Chief Actuary of the Social Security Administration and, for transactions (including the purchase of an annuity) occurring on or after July 1, 2008, the payout period must be within three months of the actuarial life expectancy, measured at the time of purchase.

(B) An annuity does not include benefits that are set up and accrued in a regularly funded retirement account while an individual is working, whether maintained in the original account or used to purchase an annuity, if the Internal Revenue Service recognizes the account as dedicated to retirement or pension purposes.

(i) Under age 21; or

(ii) Any age and meets the Social Security Administration criteria for blindness or disability.

(D) “Commercial annuities” means contracts or agreements (not related to employment) by which an individual receives annuitized payments on an investment for a lifetime or specified number of years.

(b) An annuity is counted as a resource if the annuity does not make regular payments for a lifetime or specified number of years.

(d) If an annuity is a countable resource under this rule, the cash value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular payments already received, minus any early withdrawals, and minus any surrender fees.

(7) Bank Account

(a) As used in this rule, a bank account includes a money market account and an account in a financial institution, except that accounts in financial institutions for stocks, bonds, and certificates of deposit (CDs) are covered in section (68) of this rule.

(b) Money in a bank account available to one or more members of the financial group is counted as a resource in accordance with OAR 414-175-0030 , unless it is excluded under this rule.

(A) A burial fund if excluded under section (9) of this rule.

(B) Funds from excluded income if excluded as a resource under OAR 414-175-0030 (4).

(D) Money for a plan for self-support if excluded under section (55) of this section.

(E) Proceeds from the sale of a home if excluded as a resource under section (62) of this rule.

(d) Interest and dividends earned on funds in a bank account are counted as unearned income, unless the account is excluded as a resource under section (6)(c) of this rule or under another rule in this chapter of rules.

(8) Black Lung Benefits: Black Lung Benefits paid to miners or their survivors under the provisions of the Federal Mine Safety and Health Act are counted as unearned income.

(9) Burial Arrangements and Burial Fund

(a) The following definitions apply to section (9):

(A) “Burial arrangement” means an agreement with an entity -- such as a funeral agreement (which means an arrangement made with a licensed funeral provider), burial insurance, or a burial trust designating a funeral director as the beneficiary that establishes provisions for payment of an individual’s burial costs. A “burial arrangement” does not include a burial space, which is covered in section (10), or a burial fund.

(B) “Burial fund” means an identifiable fund set aside for an individual’s burial costs. A “burial fund” does not include a burial space, which is covered in section (10), or a burial arrangement.

(b) The equity value of one prepaid burial arrangement for each member of the filing group is excluded.

(d) There is no overpayment for the time period during which the burial arrangement or burial fund existed if the individual:

(A) Cancels an excluded burial arrangement; or

(B) Uses an excluded burial fund for any purpose other than burial costs.

(e) If an asset originally used as a burial arrangement or burial fund is converted to other uses, the asset is treated under the other applicable rules.

(10) Burial Space and Merchandise

(a) For the purpose of this section, burial spaces include conventional gravesites, crypts, mausoleums, urns, niches, burial vaults, and other repositories that are traditionally used for the remains of deceased individuals. Burial spaces also include headstones and the opening and closing of the gravesite, and the reasonable and necessary improvements or additions to such spaces. Burial merchandise includes, but is not limited to, urns, caskets, liners, headstones, markers, plaques and foundations.

(b) The Department excludes as a resource the equity value of all burial space or merchandise for each member of the financial group, except that for burial space and merchandise that serves the same purpose, only one item per individual is excluded.

(11) Cash

(a) In the month of receipt, cash is counted as income, unless the cash qualifies as excluded income in this rule.

(b) After the month of receipt, cash (including cash on hand, cash in a safety deposit box, and cash held by others) is counted as a resource, unless the cash qualifies as an excluded resource in this rule.

(c) Foreign currency that can be converted to U.S. currency is treated in the same manner as cash under this rule. The value of foreign currency is its value in U.S. currency, determined by the current exchange rate.

(d) The treatment of a check is based on the source of the funds.

(12) Child Support and Cash Medical Support

(a) Child support and cash medical support paid by a non-custodial parent for a dependent child or minor parent in the financial group are considered income of the dependent child or minor parent, whether the support is paid voluntarily or in accordance with an order to pay child support.

(b) Child support is considered countable unearned income if it is received by the financial group or is countable under section (40) of this rule. Otherwise, it is excluded.

(13) Contributions

(a) Contributions are monies, not considered gifts or winnings under section (31) of this rule, given voluntarily to a member of a financial group by someone who is not in the group.

(b) Contributions are counted as unearned income.

(14) Coronavirus Aid, Relief, and Economic Security (CARES) Act

(a) Recovery Rebate payments authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are:

(A) Excluded assets in the month of receipt;

(B) Excluded assets for 12 full months starting with the month following the month of receipt, and

(b) Federal Pandemic Unemployment Assistance payments authorized by the CARES Act are not Disaster Unemployment Assistance and are treated as follows:

(A) Retroactive payments are counted as periodic or lump-sum income; and

(B) All other payments are counted as unearned income.

(A) Federal Pandemic Unemployment Compensation payments are not Disaster Unemployment Assistance; and

(B) The payments are excluded assets.

(15) Corporations and Business Entities

(a) The value of stocks or other ownership interest in a corporation is a resource.

(b) Resources of the corporation essential to the employment of an individual are excluded. For instance, if the corporation owns equipment used by the individual to produce income for the corporation, the equipment is an excluded resource. If an individual must own stock in the corporation as a condition of working for the corporation, the stock is an excluded resource.

(c) Except as provided in OAR 414-175-0030(3)(a), gross income of a corporation is income of an individual if determined to be self-employment as defined in section (81) of this rule and is considered available when the business receives the income. If not self-employment, the income of a corporation is considered income of the business until distributed to the individual.

(d) For an expenditure by a business entity or corporation that benefits a principal such as a car or housing payment:

(A) The payment is considered available when the expenditure is made.

(B) For purposes of this section, a “principal” means an individual with significant authority in a business entity or corporation, including a sole proprietor, a self-employed person, a partner in a partnership, a member or manager of a limited liability company, and an officer or principal stockholder of a closely held corporation.

(16) Disability Benefits

(a) This rule covers public and private disability benefits, except the following:

(A) Agent Orange disability benefits (covered in section (3) of this rule).

(B) Paid Leave Oregon benefits (covered in section (82) of this rule).

(D) Social security based on disability or SSI (covered in sections (64) and (65) of this rule).

(E) Veterans benefits (covered in section (75) of this rule).

(F) Workers compensation (covered in section (79) of this rule).

(b) For each disability payment covered by this section:

(A) If received monthly or more frequently, income from employer-sponsored disability insurance is counted as earned income if paid to an individual who is still employed while recuperating from an illness or injury.

(B) All payments other than those in subsection (b)(A) of this section are counted as periodic or lump-sum income.

(17) Disaster Relief

(a) As used in section (17) of this rule:

(A) A major disaster is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood or explosion, which the President determines causes damage of sufficient severity and magnitude.

(B) An emergency is any occasion or instance for which the President determines that Federal assistance is needed to supplant State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe.

(C) Disaster Unemployment Assistance is emergency assistance authorized under P.L. 100-107 and received by individuals who are unemployed as a result of a major disaster. Individuals receiving Disaster Unemployment Assistance are not eligible for other unemployment compensation and cannot receive both at the same time. Payments are limited to 26 weeks.

(b) Except as otherwise stated in sections (d) to (h) of this rule and in OAR 414-175- 0030, payments described in section (c) of this rule are not counted as income or resources when determining eligibility for or benefit levels.

(A) Payments received under the Disaster Relief Act of 1974 (P.L. 93-288, section 312(d)) as amended by the Disaster Relief and Emergency Assistance Amendments of 1988 (P.L. 100-707, Section 105(i)).

(B) Disaster assistance comparable to subsection (a) of this section provided by States, local governments, and disaster assistance organizations.

(D) Individual and Family Grant Assistance program (IFG).

(E) Grants or loans by the Small Business Administration (SBA).

(F) Voluntary disaster assistance organizations, such as the Red Cross.

(G) Private insurance payments for losses due to a major disaster such as flood, wind, land movement.

(d) Government payments designated for the restoration of a home damaged in a disaster are excluded as income or resources in the month of receipt and as a resource in subsequent months, if the household is subject to a legal sanction if the funds are not used as intended.

(e) Each payment made to farmers under the Disaster Assistance Act of 1988 (P.L. 100-387) for crop losses or failure in a disaster is excluded.

(f) Income received from public and private organizations by individuals working in disaster relief efforts and funded under a National Emergency Grant by WIA title 1 (P.L. 105-220) is excluded. An individual is eligible under this funding source if he or she is a dislocated worker, a long-term unemployed individual, or is temporarily or permanently laid off as a consequence of the disaster. Eligibility under this funding source is limited to a period of up to six months per disaster.

(g) Disaster Unemployment Assistance is excluded as both income and a resource.

(h) Payments for flood mitigation received by a homeowner under the National Flood Insurance Act of 1968 as amended by P.L. 109-64, are not counted as income or resources.

(18) Dividends, Interest, and Royalties

(a) Dividends are counted as unearned income.

(b) Interest income is counted as unearned income.

(c) Royalties are counted as unearned income, except that royalties are counted as earned income if the individual is actively engaged in the activity from which the royalties are accrued.

(19) Domestic Volunteer Services Act (VISTA, RSVP)

(a) Payments under Title I, VISTA, University Year of Action, and Urban Crime Prevention, are excluded, except for payments are counted as earned income if the total value of all compensation is equal to or greater than compensation at the state minimum wage.

(b) Payments are excluded for programs under Title II (National Older Americans Volunteer Programs), which include:

(A) Retired Senior Volunteer Program (RSVP) Title II, Section 201.

(B) Foster Grandparent Program Title II, Section 211.

(D) Senior Companion Program.

(20) Small Business Act (SCORE, ACE): Payments are excluded for programs under 15 USC 637(a)(1) (the Small Business Act), which include:

(a) Service Corps of Retired Executives (SCORE); and

(b) Active Corps of Executives (ACE).

(21) Earned Income, including from Other Benefits Programs or Census Bureau Work

(a) Earned income of a child is excluded.

(b) The income of a temporary employee of the U.S. Census Bureau employed to assist in taking the census is excluded.

(22) Earned Income Tax Credit (EITC) and Child Tax Credit

(a) There are federal and state earned income tax credit (EITC) programs for low-income families.

(A) An EITC may be claimed in one of two ways:

(i) At the time an income tax return is filed with the Internal Revenue Service (IRS).

(ii) As an advance in the employee's paycheck.

(B) The EITC is excluded from assets in the month of receipt and then for a maximum of 12 calendar months starting with the month following the month of receipt of the refund or payment. All funds remaining after the 12-month period are counted as a resource.

(b) The Child Tax Credit is determined and administered by the IRS.

(A) A Child Tax Credit may be claimed in one of two ways:

(i) At the time an income tax return is filed with the IRS.

(ii) As monthly advance Child Tax Credit payments from the IRS.

(B) The Child Tax Credit is excluded from assets in the month of receipt and then for a maximum of 12 calendar months starting with the month following the month of receipt of the refund or payment. All funds remaining after the 12-month period are counted as a resource.

(23) Economic Recovery Payment: The $250 economic recovery payment authorized by the American Recovery and Reinvestment Act of 2009 is excluded income in the month of receipt and an excluded resource in the month of receipt and for the following nine months.

(24) Educational Income

(a) Educational income is income designated specifically for educational expenses. To be considered educational income, the income must be received by one of the following:

(A) A student at a recognized institution of post-secondary education. Post-secondary education is education offered primarily to individuals 18 years of age or older. Admission may — but does not necessarily — require a high school diploma or equivalent.

(B) A student at a school for individuals with disabilities.

(D) A student in a program that provides for completion of requirements for a secondary school diploma or the equivalent.

(b) To determine the amount of educational income to exclude, education expenses listed in the financial aid award letter are used unless one of the following is true:

(A) The student provides verification of amounts different from those listed in the award letter, in which case the verified amounts from the student are used.

(B) The student receives child care benefits — ERDC or other child care subsidies. The amount the student actually pays for child care (including the ERDC copay) is excluded as educational income instead of the amount shown in the award letter.

(C) The student states that actual transportation costs exceed the amount allowed for the expense in the award letter. In that situation, the number of miles to and from school is multiplied by $0.20. The product or the amount from the award letter, whichever is greater, is excluded.

(A) Educational income authorized by the Carl D. Perkins Vocational and Applied Technology Education Act or Title IV of the Higher Education Act or made available by the Bureau of Indian Affairs (BIA).

(B) All income from educational loans.

(d) The cost of the following items from remaining educational funds (including non Title IV work study, externship, graduate assistantship, graduate fellowship wages, and internship is excluded: tuition, mandatory fees, books and supplies, transportation, required rental or purchase of equipment or materials charged to students enrolled in a specific curriculum, other miscellaneous personal expenses (except room and board), and loan originator fees and insurance premiums required to obtain an educational loan.

(e) After allowing exclusions, the remaining income is treated as follows:

(A) Income received through work study (including work study provided through a VA program or other educational program), fellowships and teaching-assistant positions not excluded by subsection (c) or (d) of this section (24) of the rule is earned income.

(B) Educational income not covered by subsection (e)(A) of this section (24) is prorated over the period it is intended to cover. If the individual has already received the income, the prorated amount is counted monthly beginning with the first month of the period. If the individual has not received the income at the time the determination is made, the prorated income is counted starting in the month the individual expects to receive it.

(f) Educational awards paid under the National and Community Service Trust Act of 1993 (including AmeriCorps) are treated in accordance with section (50) of this rule.

(25) Energy Assistance Payments: All energy assistance payments or allowances made under any federal, state, or local law are excluded as income and as a resource.

(26) Family Abuse Prevention Act (FAPA) Payments

(a) Family Abuse Prevention Act (FAPA) payments are court-ordered payments to survivors of domestic violence made under authority of ORS 107.718(1)(h). A payment is considered available when actually received by the survivor of abuse.

(b) The first $2,500 is excluded; the excess above $2,500 is counted as a resource.

(27) Filipino Veterans Equity Compensation Fund: The Department excludes from income a payment received by a veteran or the spouse of a veteran who served in the military of the Government of the Commonwealth of the Philippines during World War II and made under the Filipino Veterans Equity Compensation Fund authorized by the American Recovery and Reinvestment Act of 2009.

(28) Floating Homes and Houseboats

(a) Floating homes and houseboats are treated in the same manner as real property under section (58) of this rule.

(b) Floating homes and houseboats are subject to section (32) and (35) of this rule, if applicable.

(29) Food Programs Other Than the SNAP program: The following benefits are excluded:

(a) Benefits from the Special Supplemental Food Program for Women, Infants and Children (WIC), including demonstration projects (coupons exchanged for food at farmers markets) under the Hunger Prevention Act of 1988 (Pub. L. 100-435, section 501.

(b) The value of supplemental food assistance provided to children under the Child Nutrition Act of 1966 (Pub. L. 89-642) and the National School Lunch Act (Pub. L. 79-396, section 12(e), and Pub. L. 94-105).

(c) Nutrition Assistance program benefits received in Puerto Rico, American Samoa or the Commonwealth of the Northern Marianna Islands.

(d) The value of supplemental food assistance provided for seniors in the Senior Farm Direct Nutrition Program (see OAR 333-052-0030) funded by grants from the United States Department of Agriculture.

(e) Benefits from the tribal Food Distribution Program.

(30) Foster Care Payments and Guardianship Assistance Benefits: Payments for foster care and benefits from the Guardianship Assistance program (OAR 413-070-000) are excluded.

(31) Gifts and Winnings

(a) For the purposes of section (31):

(A) “Gifts” are items given to or received by an individual on or for a special occasion, such as a holiday, birthday, graduation, or wedding. “Gifts” are not given or received on a regular basis.

(B) “Winnings” are prizes given to an individual in a contest, game of chance, or similar event. “Winnings” in the form of money may be distributed in different payment frequencies, such as monthly, periodically (such as quarterly), or in a single payment.

(b) Gifts and winnings are excluded.

(32) Home

(a) Home defined: A home is the place where the filing group lives. A home may be a house, boat, trailer, mobile home, or other habitation. A home also includes the following:

(A) Land on which the home is built and contiguous property. Property must meet all the following criteria to be considered contiguous property:

(i) It must not be separated from the land on which the home is built by land owned by people outside the financial group.

(ii) It must not be separated by a public right-of-way, such as a road.

(iii) It must be property that cannot be sold separately from the home.

(B) Other dwellings on the land surrounding the home that cannot be sold separately from the home.

(b) Exclusion of home and other property:

(A) For an individual who has an initial month of long-term care or home and community-based care on or after January 1, 2006:

(i) For purposes of this subsection, "child" means a biological or adoptive child who is:

(I) Under age 21; or

(II) Any age and meets the Social Security Administration criteria for blindness or disability.

(ii) The equity value of a home is excluded if the requirements of at least one of the following subparagraphs are met:

(I) The child of the individual or relative dependent on the individual for support occupies the home.

(II) The Spouse of the individual occupies the home.

(III) The equity in the home is $688,000 or less, and either the individual occupies the home or the home is listed for sale per section (58) of this rule.

(IV) Notwithstanding OAR 414-175-0030(8), the equity in the home is more than $688,000 and the individual is unable legally to convert the equity value in the home to cash.

(B) For all other filing groups, the value of a home is excluded when the home is occupied by any member of the filing group.

(A) For the purposes of this section, “evidence” includes a written statement from a competent individual.

(B) During the temporary absence of all members of the filing group from the property, if the absence is due to illness or uninhabitability (from casualty or natural disaster), and the filing group intends to return home.

(33) Housing and Urban Development

(a) Payments from HUD made to a third party on behalf of the individual are excluded.

(b) HUD payments made directly to a member of the financial group, except Youth Build Program payments and Family Investment Centers payments, are excluded.

(c) Escrow accounts established for families participating in the Family Self-Sufficiency (FSS) program sponsored by HUD are excluded.

(d) Payments related to family investment centers issued under the Cranston-Gonzalez National Affordable Housing Act, Pub. L. No. 101-625, sec. 515, 104 Stat. 4196 (1990), are treated as follows:

(A) Wages are earned income, and stipends are unearned income.

(B) Service payments for items such as child care, basic education, literacy, or computer skills training are excluded.

(34) Income-Producing Sales Contract

(a) The equity value of an income-producing sales contract is excluded.

(b) Income received from a sales contract is treated as provided in section (62) of this rule.

(35) Income Producing Property

(a) Income from income producing property is counted as follows:

(A) If a member of the financial group actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (section (81) of this rule).

(B) If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with section (81) of this rule.

(b) The equity value of income-producing property is excluded.

(36) Youth Transitions Program Subsidies

(a) Youth Transitions program subsidies are payments and services provided to children 16 to 20 years of age by the Department. The Youth Transitions program (including the Chafee Housing program) is described at OAR 413-030-0400 to 413-030-0460. The subsidies help the children live independently when their foster care payments are discontinued upon reaching 16 years of age.

(b) The subsidies are excluded from income.

(37) American Indian and Alaska Native Benefits

(a) In this rule, the names of sovereign tribal nations are often listed as shown in the public law. The Department has also attempted (in parenthesis) to include the names of sovereign tribal nations as they call themselves, if different than the name in the public law. When there is a conflict, the rule provision applies to the Tribe subject to the public law.

(b) The following benefits or payments are excluded as income and resources.

(A) Public Law 84-736: Payments from the distribution of funds held in trust to the Seminole Indians of Florida (The Seminole Tribe of Florida).

(B) Public Law 84-926: Payments from the distribution of funds held in trust to the Pueblos of Zia and Jemez Tribes of Florida.

(C) Public Law 92-480: Payments from the distribution of funds held in trust to the Stockbridge Munsee Indian Community (Stockbridge Munsee Community) of Wisconsin.

(D) Public Law 92-488: Payments from the distribution of funds held in trust to the Burns Indian Colony (Burns Paiute Tribe) in Oregon.

(E) Public Law 93-531: Relocation assistance payments to members of the Navajo (Navajo Nation or Dine') or Hopi Tribe.

(F) Public Law 94-114, section 6: Distribution of receipts from lands held in trust by the United States for the following tribes:

(i) Assiniboine and Sioux Tribes of Montana.

(ii) Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin.

(iii) Blackfeet Tribe of Montana.

(iv) Cherokee Nation of Oklahoma.

(v) Cheyenne River Sioux Tribe of South Dakota.

(vi) Chippewa Tribe of Minnesota (Minnesota Chippewa Tribe).

(vii) Crow Creek Sioux Tribe of South Dakota.

(viii) Devil’s Lake Sioux Tribe of North Dakota.

(ix) Fort Belknap Indian Community of Montana.

(x) Keweenaw Bay Indian Community of Michigan.

(xi) Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.

(xii) Lower Brule Sioux Tribe of North Dakota.

(xiii) Navajo Tribe (Navajo Nation or Dine') of New Mexico.

(xiv) Oglala Sioux Tribe of South Dakota.

(xv) Rosebud Sioux Tribe (Sicangu Lakota Oyate, or Burnt Thigh Nation comprised of the Ogalala, Sicangu or Brule, Hunkpapa, Miniconjou, Sihasapa or Blackfoot, Itazipacola, and Oohenupa) of South Dakota.

(xvi) Shoshone – Bannock Tribes of Idaho.

(xvii) Standing Rock Sioux Tribe of North Dakota.

(G) Public Law 94-540: Judgment funds distributed to members of the Grand River Bands of Ottawa Indians.

(H) Public Law 95-433: Judgment funds distributed to members of the Confederated Tribes and Bands of the Yakama (formerly Yakima) Indian Nation (comprised of the Yakama Palouis, Pisquouse, Wenatchsahpam, Klikatat, Klingquit, Kow-was-say-ee, Li-was, Skin-pha, Wish-ham, Shyiks, Ocehchotes, Ka-milt-pha, and Se-ap-Cat), or the Apache Tribe of the Mescalero Reservation (Mescalero Apache Tribe).

(I) Public Law 95-498: Receipts derived from trust lands awarded to the Pueblo of Santa Ana and distributed to members of that Tribe.

(J) Public Law 95-499: Receipts derived from trust lands awarded to the Pueblo of Zia and distributed to members of that Tribe.

(K) Public Law 95-608: Indian child welfare payments.

(L) Public Law 96-305: Relocation assistance payments to members of the Navajo (Navajo Nation or Dine') or Hopi Tribe.

(M) Public Law 96-318: Judgment funds distributed to members of the Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma (Delaware Tribe of Western Oklahoma).

(N) Public Law 96-420: Funds and distributions to members of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians under the Maine Indian Claims Settlement Act.

(O) Public Law 97-372: Distributions of judgment funds to members of the Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma (Absentee Shawnee Tribe of Indians of Oklahoma), the Eastern Shawnee Tribe of Oklahoma, and the Cherokee Band of Shawnee descendants).

(P) Public Law 97-376: Judgment funds distributed per capita to members of the Miami Tribe of Oklahoma and the Miami Indians of Indiana (Miami Nation of Indians of Indiana).

(Q) Public Law 97-403: Payments on judgments funds to the Turtle Mountain Band of Chippewa, Arizona.

(R) Public Law 97-408: Payments on judgment funds to the Blackfeet Tribe, Gros Ventre (Aaniih) Tribe, and Assiniboine (Nakoda) Tribe (Montana) and the Papago (Tohono O’odham Nation) (Arizona).

(S) Public Law 98-64: Payments from judgment funds held in trust by the US Secretary of the Interior.

(T) Public Law 98-123: Judgment funds held in trust and per capita and interest payments disbursed to the Red Lake Band of Chippewa Indians (Red Lake Nation or Miskwaagamiiwi-Zaagaiganing).

(U) Public Law 98-124: Judgment funds held in trust and per capita and interest payments made to the members of the Assiniboine (Nakoda) Tribe of the Fort Belknap Indian Community (Montana) and the Assiniboine Tribe of the Fort Peck Reservation (Montana).

(V) Public Law 98-432: Judgment funds and income distributed to members of the Shoalwater Bay Indian Tribe.

(W) Public Law 99-130: Per Capita and dividend payment distributions of judgment funds to members of Santee Sioux Tribe (Santee Sioux Nation) of Nebraska, Flandreau Santee Sioux Tribe, Prairie Island Sioux (Prairie Island Indian Community or Tinta Wita), Lower Sioux (Lower Sioux Indian Community or Cansa’yapi) and Shakopee Mdewakanton Sioux Community (Mdewakanton) of Minnesota.

(X) Public Law 99-146, section 6(b): Funds distributed per capita or held in trust for members of the Chippewas of Lake Superior (Lake Superior Chippewa Indians). The funds are distributed to the following reservations:

(i) Wisconsin: Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Lac Courte Oreilles Band of Lake Superior Bands of Chippewa Indians (Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin) of the Lac du Flambeau Reservation, Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians, Red Cliff Reservation (Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin), St. Croix Chippewa Reservation (St. Croix Chippewa Indians of Wisconsin).

(ii) Michigan: Keweenaw Bay Indian Community (L’Anse, Lac Vieux Desert and Ontonagon Bands).

(iii) Minnesota: Fond du lac (Fond du Lac Band of Lake Superior Chippewa or Nah-gah-chi-wa-nong) Reservation, Grand Portage (Grand Portage Band of Lake Superior Chippewa, Grand Portage Anishinaabe, or Gichi-Onigaming) Reservation, Bois Fort (Bois Forte Band of Chippewa or Zagaakwaandagowininiwag) Reservation (including Nett Lake, Vermillion Lake and Deer Creek), White Earth (White Earth Nation or Gaa-waabaabiganikaag) Reservation.

(Y) Public Law 99-264: Payments and funds held in trust to the White Earth Band of Chippewa Indians in Minnesota (White Earth Nation or Gaa-waabaabiganikaag) under the White Earth Reservation Land Settlement Act of 1985, Section 16.

(Z) Public Law 99-346 section 6(b)(2): Per capita payments and income from a distribution of funds held in trust to the Saginaw Chippewa Indian Tribe of Michigan.

(AA) Public Law 99-377 section 4(b): Per capita payments distributed or held in trust to the Chippewas of Mississippi under Public Law 99-377 Section 4(b), to those with affiliation with the Mille Lacs (Mille Lacs Band of Ojibwe or Misi-zaaga’iganiing), White Earth (White Earth Nation or Gaa-waabaabiganikaag) and Leech Lake (Leech Lake Band of Ojibwe or Gaa-zagaskwaajimekaag) Reservations in Minnesota, and paid by the Indian Claims Commission.

(BB) Public Law 100-139: Judgment payments disbursed to the Umpqua Tribe Cow Creek Band (Cow Creek Band of Umpqua Tribe of Indians).

(CC) Public Law 100-383: Per capita restitution payments made to eligible Aleuts (Unangan or Unangax) who were relocated or interned during World War II.

(DD) Public Law 101-41: Funds, assets or income received from the trust fund established and paid to the Puyallup Tribe (the Puyallup Tribe of Indians or see emboldened word in attachment) of the State of Washington under Section 9(b) of the Puyallup Tribe of Indians Settlement Act of 1989.

(EE) Public Law 101-503 Section 8(b): Settlement payments, funds distributed or held in trust to members of the Seneca Nation (Seneca Nation of Indians or O-non-dowa-gah) under the Seneca Nation Settlement Act of 1990.

(FF) Public Law 102-171: Payments to the Aroostook Band (Mi’kmaq Nation) under the Micmac Settlement Act.

(GG) Public Law 103-116: Settlement funds, income, payments or distributions from Trust Funds to members of the Catawba Indian Tribe (The Catawba Nation or yeh is-WAH h’reh) under the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993.

(HH) Public Law 103-436: Payments from the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (comprised of the Chelan or see emboldened word in attachment, Chief Joseph Band of Nez Perce or wal'wáma, Colville or see emboldened word in attachment, Entiat or see emboldened word in attachment, Lakes or see emboldened word in attachment, Methow or see emboldened word in attachment, Moses-Columbia or see emboldened word in attachment, Nespelem or see emboldened word in attachment, Okanogan or see emboldened word in attachment, Palus or palúspam, Sanpoil or see emboldened word in attachment, and Wenatchi or see emboldened word in attachment).

(II) Public Law 103-444: Payments made or benefits granted by the Crow Boundary Settlement Act of 1994.

(JJ) Public Law 105-143: Distributions of judgment funds to the Ottawa and Chippewa of Michigan under the Michigan Indian Land Claims Settlement Act.

(KK) Public Law 108-270: Per capita distribution of judgment funds to members of the Western Shoshone Indians (Newe).

(LL) Public Law 111-291 section 101: Payments from the Tribal Trust Accounting and Management Lawsuits. If the funds are comingled with other funds, the resource is excluded for only 12 months and counted thereafter.

(MM) Tribal Benefits from timber sales or oil reserves from land held in trust by the Secretary of the Interior.

(NN) Payments from the Bureau of Indian Affairs from the General Assistance program.

(d) The following payments are excluded unearned income:

(A) Public Law 85-794: Distribution of Per Capita Funds to the Red Lake Band of Chippewa Indians (Red Lake Nation or Miskwaagamiiwi-Zaagaiganing) from the proceeds of the sale of timber and lumber on the Red Lake Reservation.

(B) Public Law 93-134: Indian Judgement Funds Distribution Act payments received from trust or restricted lands under 25 USC 1408.

(e) The Department excludes the first $2,000 of each per capita payment per individual in the financial group and the balance is counted as unearned periodic income of the following payments:

(A) Public Law 100-411: Per capita payments of claims settlement funds to members of the Coushatta Tribe of Louisiana (The Sovereign Nation of the Coushatta Tribe of Louisiana).

(B) Public Law 100-581: Judgment funds distributed to members of the Wisconsin Band of Potawatomi (Hannahville Indian Community and Forest County Potawatomi).

(C) Public Law 101-618: Per capita distributions of settlement funds under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Toi-Ticutta).

(f) Public Law 101-277 funds appropriated in satisfaction of judgments awarded to the Seminole and paid by the Indians Claims Commission is counted as follows:

(A) The Department excludes the first $2,000 of each per capita payment per individual in the financial group and counts the balance as unearned periodic income.

(B) These payments are allocated to members of the Seminole Nation of Oklahoma, Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida and the independent Seminole of Florida.

(g) The Department excludes the first $2,000 of each capita payment per individual in the financial group and counts the balance as unearned periodic income:

(A) Public Law 94-189: Judgment funds distributed to members of the Sac and Fox Nation.

(B) Public Law 98-602: Per Capita distributions of judgment funds to members of the Wyandotte Tribe (Wyandotee Nation, see emboldened word in attachment, or Wanda; consisting of Tionontati, Attignawantan, and Wenrohronon (Wenro)) in Oklahoma and Absentee Wyandotte.

(h) The following payments are excluded unearned income:

(A) Public Law 92-254: Distribution of Per Capita Funds by the Blackfeet Tribe and Gros Ventre (Aaniih) Tribe tribal governments to members, which resulted from judgment funds to the Tribes.

(B) Public Law 103-66: Payments for land held in trust by the Secretary of the Interior under 25 USC 1408.

(C) Payments from land designated as American Indian or Alaska Native trust land and not addressed elsewhere in this rule.

(i) For the following payments, the Department excludes the first $2,000 each year of per capita payments per individual in the financial group and counts the balance as unearned periodic income.

(A) Public Law 92-203, the Alaska Native Claim Settlement Act payments.

(B) Public Law 100-241, the Alaska Native Claim Settlement Act Amendment of 1987.

(j) Public Law 98-500, section 8(b) (Old Age Assistance Claims Settlement Act) payments are excluded in the ERDC program.

(k) The Department excludes the first $2,000 of each per capita payment per individual in the financial group and counts the balance as unearned periodic income for the following:

(A) Public Law 100-580: Funds distributed to the Hoopa Valley Tribe and the Yurok Tribe under the Hoopa-Yurok Settlement Act, and paid by the Indian Claims Commission.

(B) Public Law 97-436: Per capita distributions of judgment funds to members of the Confederated Tribes (Wascoes, Warm Springs, Paiutes) of the Warm Springs Reservation.

(l) Tribal payments for child care are treated as follows:

(A) Provider-direct payments are counted as the provider's earned income.

(B) All individual-direct payments are excluded.

(m) Commercial fishing income under one of the Columbia River Fishing Treaties for the Confederated Tribes and Bands of the Yakama (formerly Yakima) Indian Nation (comprised of the Yakama Palouis, Pisquouse, Wenatchsahpam, Klikatat, Klingquit, Kow-was-say-ee, Li-was, Skin-pha, Wish-ham, Shyiks, Ocehchotes, Ka-milt-pha, and Se-ap-Cat), Confederated Tribes of the Warm Springs (comprised of the Wascoes, Warm Springs, and Paiutes), Confederated Tribes of the Umatilla Indian Reservation (comprised of the Cayuse, Umatilla, and Walla Walla), and Nez Perce Tribe (Nimiipuu) is counted as earned income.

(n) Tribal-TANF payments are counted in the same manner as TANF program payments under section (56) of this rule.

(o) All other American Indian or Alaska Native benefit payments distributed by the tribe and not excluded by public law are excluded, including:

(A) Profit share or per capita income from tribal casinos.

(B) Income derived from fee property (land not held in trust by the Secretary of the Interior), such as timber sales or sale of oil reserves.

(C) Public Law 91-259: Payments from the distribution of judgment funds to members of the Confederated Tribes of the Umatilla Indian Reservation (comprised of the Cayuse, Umatilla, and Walla Walla).

(p) American Indian or Alaska Native lands held jointly with the tribe, or land that may not be sold without the approval of the Bureau of Indian Affairs (BIA) are excluded resources.

(38) Individual Development Account (IDA)

(a) An Individual Development Account (IDA) is a trust-like savings account established under P.L. 105-285 designed to help low-income individuals save for specified purposes. The individual makes deposits from their earnings, and these are matched by a combination of government and private-sector funds.

(b) Deposits from the account holder's earnings are excluded from gross earned income.

(d) The IDA savings account is excluded from resources.

(e) Interest earned by the IDA savings account is excluded from income.

(f) For patient liability calculations, all income deposited into an IDA savings account is counted as earned income.

(g) If an individual makes an emergency withdrawal from the IDA savings account, that income is counted as lump-sum income and therefore excluded.

(39) Inheritance

(a) An inheritance may be received in the form of monies, property, or other assets.

(b) An inheritance is excluded.

(40) In-Kind Income

(a) This rule does not apply to shelter-in-kind income. (See section (63) of this rule for shelter-in-kind income).

(b) In-kind income that is earned is treated according to the administrative rules on earned income.

(A) Income from court-ordered community service work or bartering is excluded. Bartering is the exchange of goods of equal value.

(B) Items such as cars and furniture are treated according to the administrative rule for the specific type of asset.

(d) Unearned third-party payments are treated as follows: Payments made to a third party that should legally be paid directly to a member of the financial group are counted as unearned income.

(e) Payments made to a third party that the payee is not legally obligated to pay directly to a member of the financial group and that the financial group does not have the option of taking as cash, and payments made by the noncustodial parent to a third party that are court-ordered are excluded.

(41) Job Corps

(a) A living allowance payment is counted as earned income.

(b) A readjustment allowance payment is counted as earned income.

(c) A support service payment for an item already covered by the benefits of the benefit group is counted as unearned income. All other support service payments (including clothing allowances) are excluded.

(d) A reimbursement is treated as provided in section (60) of this rule.

(42) Workforce Innovation and Opportunity Act: Payments to individuals made under Title I-B of the Workforce Innovation and Opportunity Act (WIOA) are treated as provided in this rule.

(a) Need-based (stipend) payments are treated as unearned income.

(b) OJT (On-the-Job Training) and work experience payments are counted as earned income.

(c) A support service payment for an item already covered by the benefits of the benefit group is excluded. All other support service payments (including lunch payments and clothing allowances) are excluded.

(d) A reimbursement is treated as provided in section (60) of this rule.

(e) YouthBuild Program payments are excluded.

(43) Life Estate: If a financial group is living in real property while a member holds a life estate in this property, the property is treated as a home pursuant to section (32) of this rule.

(44) Life Insurance

(a) Benefits paid on a life insurance policy are counted as unearned income in the month received.

(A) The Department counts benefits as received upon the death of insured individual or when the insured individual is eligible for and receives accelerated payments before death, such as when the insured individual has a terminal illness.

(B) When the payment is a lump sum due to the death of the insured individual a deduction is allowed, not to exceed $1,500, for the cost of the deceased individual's last illness and burial if these costs were not otherwise insured.

(b) Burial insurance that generates a cash surrender value is treated in the same manner that this rule treats life insurance.

(d) When the ownership or beneficiary of a life insurance policy has been irrevocably assigned and designated for burial, it is treated in accordance with section (9) of this rule and is not counted towards the $1,500 life insurance limit.

(e) The value of the life insurance policy is treated as follows:

(A) All term insurance that has no cash surrender value is excluded.

(B) The cash surrender value of the life insurance policy is excluded.

(45) Loans and Interest on Loans

(a) This rule covers proceeds of loans, loan repayments, and interest earned by a lender. If the proceeds of a loan are used to purchase an asset, the asset is evaluated under the other sections of this rule.

(b) For the purposes of section (45):

(A) "Reverse-annuity mortgage" means a contract with a financial institution under which the financial institution provides payments against the equity in the home that must be repaid when the homeowner dies, sells the home, or moves.

(B) The proceeds of a home equity loan or reverse-annuity mortgage are considered loans.

(c) In order to treat payments as a loan that a member of the financial group receives as a borrower, there must be an oral or written loan agreement. This agreement must state when repayment of the loan is due to the lender.

(d) Payments for a purported loan that do not meet the requirements of subsection (c) of section (45) are counted as unearned income.

(e) When a member of a financial group receives cash proceeds as a borrower from a loan that meets the requirements of subsection (c) of section (45):

(A) Educational loans are treated according to section (24) of this rule.

(B) The loan is excluded. If retained after the month of receipt, the loan proceeds are treated in accordance with section (4) of OAR 414-175-0030.

(46) Lodger Income

(a) Lodger income is the amount a lodger pays the filing group for room (rent) and board (meals).

(b) Lodger income is treated as self-employment income.

(47) Manufactured and Mobile Homes

(a) Manufactured and mobile homes are treated in the same manner as real property under section (58) of this rule.

(b) Manufactured and mobile homes are subject to sections (32) and (35) of this rule, if applicable.

(48) Military Income: Military income (pay and allowances of a member of a uniformed service) is treated as follows:

(a) Military income is counted as earned income of the member's financial group, except as provided in subsection (a)(ii) of section (48), below.

(b) The portion of military pay and allowances available to the financial group is counted as unearned income if the member is not included in the filing group.

(c) Military Transitional Compensation income paid to the spouse or child of a military member who is separated from service due to a dependent abuse offense is counted as unearned income.

(49) Vehicles: All motor vehicles and recreational vehicles are excluded.

(50) National and Community Services Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA)

(a) The National and Community Service Trust Act (NCSTA) of 1993 (P.L. 103-82) amended the National and Community Service Act (NCSA) of 1990 (P.L. 101-610) that established a Corporation for National and Community Service. The Corporation administers national service programs providing living allowance, educational award, child care, and in-kind benefits.

(b) NCSTA payments, including AmeriCorps (see Section (50) of this rule) are treated as follows:

(A) The living allowance (stipend benefits) is excluded.

(B) Educational awards and in-kind benefits are excluded.

(C) For individuals who are eligible for direct provider payment of child care, the allowance is counted as unearned income. The allowance is excluded only if the individual already pays the provider. The provider may be paid for only the costs not covered by the allowance.

(51) Older Americans Act

(a) Benefits under Title III of the Older Americans Act of 1965 (Nutrition Program for the Elderly) are excluded.

(b) A wage or salary paid under Title V of the Older Americans Act of 1965 (Experience Works, American Association of Retired Persons, National Association for Spanish-Speaking Elderly, National Council on Aging, National Council on Black Aging, National Council of Senior Citizens, National Urban League, U.S. Forest Service) is considered earned income.

(52) Pension and Retirement Plans

(a) Pension and retirement plans include the following:

(A) Benefits employees receive only when they retire. These benefits can be disbursed in lump-sum or monthly payments.

(B) Benefits that employees are allowed to withdraw when they leave a job before retirement.

(i) Traditional Defined-Benefit Plan.

(ii) Cash Balance Plan.

(iii) Employee Stock Ownership Plan.

(iv) Keogh Plan.

(v) Money Purchase Pension Plan.

(vi) Profit-Sharing Plan.

(vii) Simple 401(k).

(viii) 401(k).

(D) Retirement plans authorized by section 403 of the Internal Revenue Code of 1986 at subsections (a) or (b).

(E) The following retirement plans and annuities authorized by section 408 of the Internal Revenue Code of 1986 at subsections (a), (b), (c), (k), (p), or (q), or at section 408A:

(i) Individual Retirement Annuity.

(ii) Individual Retirement Account (IRA).

(iii) Deemed Individual Retirement Account or Annuity under a qualified employer plan.

(iv) Accounts established by employers and certain associations of employees.

(v) Simplified Employee Pension (SEP).

(vi) Simple Individual Retirement Account (Simple-IRA).

(vii) Roth IRA.

(F) The following retirement plans offered by governments, nonprofit organizations, or unions:

(i) 457(b) Plan.

(ii) 501(c)(18) Plan.

(iii) Federal Thrift Savings Plan under 5 USC 8439.

(G) An annuity purchased by an individual with funds from a plan authorized under subsection (a)(iii), (iv) or (vi) of section (52), above.

(b) An annuitized retirement plan described in subsection (a)(v) of section (52), purchased by the spouse, is not considered a retirement plan and is treated in accordance with section (6) of this rule.

(A) Monthly payments are counted as unearned income.

(B) All payments not covered by subsection (a) of this section are counted as periodic income or lump-sum income.

(d) The equity value of a pension and retirement plan that allows an individual to withdraw funds before retirement, minus any penalty for early withdrawal, is counted as a resource.

(53) Personal Belongings

(a) Personal belongings are items needed for maintenance and occupancy of the home and personal items found in or near the home that are used on a regular basis, are ordinarily worn or carried by the individual, or otherwise have an intimate relation to the individual. The value of personal belongings is excluded.

(b) Items that otherwise meet the definition of personal belongings but were acquired or are held for their value or as an investment are not personal belongings. The value of such items is counted.

(54) Personal Injury Settlements

(a) Personal injury settlements are excluded.

(b) This rule does not apply to workers compensation payments (see section (79) if this rule for the treatment of those payments).

(55) Plans for Self Support

(a) A plan for self support may be approved by the Social Security Administration or the Oregon Department of Human Services.

(b) Assets listed in an approved plan for self support are excluded.

(56) Program Benefits

(a) An EA payment made directly to the individual is counted as unearned income. Dual payee and provider-direct payments are excluded.

(b) Employment Payments (see OAR 461-001-0025 and 461-135-1270) are excluded.

(d) Payments from the MAGI medical (including MAGI-CHIP), OSIPM, QMB, and REFM programs are excluded.

(e) Payments from JPI (see OAR 461-135-1260) are issued as a food benefit and are excluded.

(f) SNAP payments are treated as follows:

(A) The value of a SNAP benefit is excluded.

(B) OFSET service payments are excluded.

(g) Benefits from the GA, OSIP (except OSIPM-ICP), REF, SFPSS, TANF, and tribal-TANF programs are counted as unearned income.

(h) JOBS, REF, and TANF JOBS Plus support service payments are excluded. For the treatment of JOBS Plus income, see section (21) of this rule.

(i) Payments and funds held in a contingency fund from OSIPM-ICP (OSIPM-Independent Choices Program) are excluded.

(j) Pre-TANF program payments are excluded.

(k) TA-DVS payments are excluded.

(l) TANF Jobs Plus income is excluded.

(m) Wages received under the Tribal TANF Jobs programs is excluded.

(57) Radiation Exposure Compensation Act: Radiation Exposure Compensation Act payments are issued to compensate individuals for injuries or deaths resulting from exposure to radiation from nuclear testing or uranium mining and are excluded.

(58) Real Property

(a) For purposes of this section (58), manufactured and mobile homes and floating homes and houseboats are treated in the same manner as real property.

(b) The applicant has the burden of proof of establishing the fair market value of real property. Fair market value may be established by any methodology determined to accurately reflect the fair market value of the real property, including the provision of an appraisal or comparative market analysis performed by an impartial individual who is certified or licensed in the applicable jurisdiction.

(d) The treatment of real property that is income producing is covered in section (35) of this rule.

(e) The treatment of the home of the financial group is covered in section (32) of this rule.

(59) Refunds

(a) The Department excludes the following refunds in the month they are received:

(A) Refunds on merchandise that was purchased or received as a gift.

(B) Refunds of utility and rental deposits.

(b) The Department counts any refund amount remaining after the month of receipt as a resource.

(60) Reimbursement

(a) For the treatment of USDA meal reimbursements, see section (74) of this rule.

(b) The reimbursement of a business expense for an individual who is self-employed is treated as self-employment income.

(c) A reimbursement for child care expenses received from the Department of Early Learning and Care or the Oregon Department of Human Services is excluded. All other reimbursements for child care expenses are counted as unearned income.

(d) All other reimbursements are excluded.

(61) Reception and Placement (R&P) and Welcome Corps Grants

(a) A Reception and Placement (R&P) grant is a payment made by the United States Department of State through a national refugee resettlement agency to a local resettlement agency, refugee sponsor, or refugee. A Welcome Corps grant is money raised by a private sponsor group on behalf of a refugee. A R&P grant is provided to the resettlement agency. A Welcome Corps Grant is provided by the private sponsor group. The grants are to help with the costs of initial resettlement of a refugee in the United States. Part of the grant is provided to the refugee, usually in the refugee's first three months after arrival, for the refugee's initial resettlement needs and not for ongoing living expenses.

(b) A R&P or Welcome Corps grant is excluded from consideration as income or a resource for purposes of determining program eligibility or benefit levels.

(62) Sale of a Resource: All proceeds from the sale of a resource are excluded as income and as a resource.

(63) Shelter In-Kind Income

(a) Shelter-in-kind payments are excluded, except earned shelter-in-kind is not excluded.

(b) A payment for which there is a legal obligation to pay to a member of the financial group that is made to a third party for shelter expenses of a member of the financial group is counted as unearned income.

(64) Social Security Benefits: Except for Supplemental Security Income (SSI) and death benefits remaining after burial costs, Social Security benefits:

(a) All payments other than monthly payments are counted as periodic or lump-sum income, except that the representative payee fee paid by an individual who is required by the Social Security Administration to receive payments through a representative payee is excluded.

(b) The amount of the exclusion is limited to the amount authorized by the Social Security Administration.

(65) Social Security Death Benefit. Money remaining from Social Security death benefits after the payment of burial costs is treated as lump-sum income and therefore excluded.

(66) Spousal Support. Spousal support is counted as unearned income.

(67) Supplemental Security Income

(a) If an individual is required by law to receive a Supplemental Security Income (SSI) benefit through a representative payee, the representative's fee is excluded.

(b) A monthly SSI payment is counted as unearned income.

(68) Stocks, Bonds, and Other Securities

(a) The equity value of mutual funds, and securities, including stocks, bonds, educational savings bonds, and certificates of deposit (CDs), is counted as a resource, except that the value of a savings bond issued by the United States Department of the Treasury is excluded during the minimum retention period if the owner has received a denial of a request for a hardship waiver based on financial need.

(b) Interest and dividends on items covered by subsection (a) of this section (68) are treated as provided in section (18) of this rule.

(69) Striker’s Benefits. Strikers’ benefits are payments made to strikers by their union, whether or not based on the striker’s participation in picketing and are counted as unearned income.

(70) Tax Refund

(a) Federal Tax Refunds:

(A) If received on or after January 1, 2010, federal income tax refunds are excluded from income and resources in the month of receipt and then for 12 full months starting with the month following the month of receipt of the refund or payment. All funds remaining after the 12-month period are counted as a resource.

(B) If received before January 1, 2010, federal income tax refunds are counted as a resource.

(b) State tax refunds and property tax refunds, including Elderly Rental Assistance (ERA) are:

(A) considered lump-sum income in the month received, and therefore excluded;

(B) counted as a resource in the month after the month of receipt.

(71) Trusts. All trust funds are excluded.

(72) Unemployment Compensation: Unemployment compensation benefits are treated as follows:

(a) Retroactive payments are counted as periodic or lump-sum income.

(b) Disaster Unemployment Assistance is treated as provided in section (17) of this rule.

(73) Uniform Relocation Act. Reimbursements from the Federal Uniform Relocation Assistance Act (42 U.S.C. 4621–4625) and from the Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651–4655) are excluded.

(74) USDA Meal Reimbursement

(a) A USDA meal reimbursement is counted as self-employment income, except for the portion excluded in accordance with subsection (b) of this section (74), below.

(b) The proportionate share of a USDA meal reimbursement for a child in the filing group is excluded.

(75) Veteran’s Benefits

(a) Monthly payments are counted as unearned income.

(b) Other payments are counted as periodic or lump sum income.

(c) Educational benefits from the United States Veterans Administration are treated in accordance with subsection (24) of this rule.

(d) A subsistence allowance from a training and rehabilitation program of the United States Veterans Administration is treated as unearned income.

(e) The following payments are excluded:

(A) Payments under 38 USC 1805 to biological children of Vietnam veterans who are born with spina bifida.

(B) Payments under 38 USC 1815 to children with birth defects born to female Vietnam veterans.

(76) Victim’s Assistance

(a) Payments to victims of Nazi persecution covered by Public Law 103 286 and payments to victims of crime under 42 U.SC. 10602 (The Crime Act of 1984) are excluded as income, and amount retained are excluded as a resource as long as the amounts are not commingled with other funds.

(b) For other types of victim's assistance:

(A) Payments that are considered a reimbursement for a lost item are treated as provided in section (60) of this rule.

(B) Payments for pain and suffering are treated in the same manner as personal injury settlements under section (60) of this rule.

(77) Virtual Currency or Cryptocurrency

(a) As used in this section (77):

(A) “Cryptocurrency” is a type of currency available in virtual or digital form that functions as a medium of exchange with no central banking or regulating authority.

(B) “Day trading’ is the buying and selling of cryptocurrency within the virtual market. The cryptocurrency market continuously runs because it is a worldwide market.

(C) “Mining” is a way to receive cryptocurrency (see subsection (a) of this section) through solving a series of mathematical problems. “Mining” requires a computer, an external hardware setup, and a special computer software program. To receive cryptocurrency through “mining”, multiple people worldwide are attempting to solve a series of complicated mathematical problems via the “mining” software, and each receipt of cryptocurrency could require millions or billions of guesses at mathematical problems. The person to solve the final mathematical problem is the one to receive the cryptocurrency.

(D) “Wallet” is a way to store records of cryptocurrency transactions. Each cryptocurrency is assigned a public address, and when stored in a “wallet” the cryptocurrency is assigned a private key for protection. The cryptocurrency public address and private key are stored on a computer, mobile device, internal or external computer hardware, or a piece of paper and protected by private keys.

(b) Cryptocurrency is treated as follows:

(A) Cryptocurrency received as a payment from an employer is considered earned income.

(B) Cryptocurrency received in exchange for services or products provided may be either considered income from self-employment if the individual meets the self-employed criteria in subsection (81) of this rule or considered earned income.

(D) Cryptocurrency received through mining is considered unearned income.

(E) Cryptocurrency received through an online casino is considered winnings (excluded).

(A) After the month of receipt, cryptocurrency stored in a wallet is counted as a resource.

(B) Cryptocurrency stored in a wallet can be converted to liquid assets and follows the availability of resources rule.

(78) Vocational Rehabilitation Payment

(a) Vocational rehabilitation maintenance payments for food, shelter and clothing are counted as unearned income.

(b) A training allowance or stipend is treated as unearned income.

(c) Educational income not covered under subsection (b) of this section (78), above, is treated as provided in subsection (24) of this rule.

(d) Vocational rehabilitation payments for special itemized needs connected with the evaluation, planning or placement activity are treated as a reimbursement. These payments include payments for:

(A) Child care.

(B) Clothing.

(D) Special diet.

(E) Transportation.

(e) Benefits from the United States Veterans Administration are treated as provided in section (75) of this rule.

(79) Workers Compensation

(a) For workers compensation payments received monthly or more frequently, income from workers compensation is counted as earned income if paid to an individual who is still employed while recuperating from an illness or injury.

(b) For payments received less than monthly, income from workers compensation payments is counted as periodic or lump sum income.

(80) Work-Related Capital Assets, Equipment, and Inventory

(a) As used in this rule:

(A) "Inventory" means goods that are in stock and available for sale to prospective customers.

(B) "Work-related equipment" means property essential to the employment or self-employment of a financial group member. Examples are a tradesman's tools, a farmer's machinery, and equipment used to maintain an income-producing vehicle.

(b) A capital asset, other than work-related equipment and inventory, is treated as follows: the equity value of a capital asset is treated according to the rules for the asset.

(d) Inventory is excluded as long as the individual is engaged in self-employment activities.

(81) Self-Employment Income

(a) Self-employment income is income resulting from an individual's business, trade, or profession, rather than from a salary or wage paid by an employer. An individual is considered self-employed if the individual meets the criteria in subsections (b) or (c) of this rule. Except as noted in section (c) of this section (81) when an individual has established a corporation, determine if the individual is self-employed according to section (b) of this section (81). If the individual has more than one self-employment business, trade, or profession, the income from each is determined separately.

(b) Except as provided in section (35) of this rule, an individual is self-employed for the purposes of this division of rules if the individual meets the requirements of one or more of the below conditions:

(A) Files taxes as self-employed for their business on their personal taxes.

(B) Is considered an independent contractor by the business.

(i) Is not required by the business to complete an IRS W-4 form;

(ii) Is not required to pay federal income tax or FICA payments from their paycheck(s);

(iii) Liability or worker’s compensation insurance for the individual is not paid by the business;

(iv) Meets at least one of the following:

(I) Creates or provides the products or services they sell, or

(II) Sets the price for the products or services they sell;

(v) Is responsible for the business expense and losses; and

(vi) Receives profits from the business or could receive profits from the business but the business is not making a profit.

(A) Homecare Workers paid by the Oregon Department of Human Services are not self-employed.

(B) Providers considered an employee of an Aging and People with Disabilities, Office of Developmental Disabilities Services, or Oregon Health Authority benefit recipient, such as Independent Choices Program (see OAR 411-030-0100) providers, Personal Support Workers (see OAR 411-375-0000), and Personal Care Attendants (see OAR 410-172-0810) are not self-employed.

(i) All of the following individuals are considered self-employed:

(I) Child care providers for the ERDC program;

(II) Adult foster home providers (see OAR 411-050-0602) paid by the Oregon Department of Human Services

(III) Realty agent.

(ii) The following income types are considered self-employment.

(I) Selling plasma,

(II) Redeeming beverage containers,

(III) Foraging items to sell, or

(IV) Engage in similar enterprises are considered to be self-employed.

(d) Self-employment income is counted prospectively to determine eligibility.Self-employment is annualized when it is:

(A) Received during less than a 12-month period but is intended as a full year's income.

(B) From a business that has operated for a full year and the previous year is representative of what the income and costs will be during the budget month.

(e) When determining the amount of countable self-employment income, use gross receipts and sales, including mileage reimbursements, before costs to meet the income limits in OAR 414-175-0050.

(f) If no member of the financial group has been self-employed for a sufficiently long period to ascertain the costs of self-employment, the costs may be estimated.

(g) The costs that are permissible to be excluded from self-employment gross sales and receipts include, but not limited to:

(A) Labor (wages paid to an employee or work contracted out).

(B) Materials used to make a product.

(D) Insurance premiums, taxes, assessments, and utilities paid on income-producing property.

(E) Service, repair, and rental of business equipment, including motor vehicles, and property that is owned, leased, or rented.

(F) Advertisement and business supplies.

(G) Licenses, permits, legal, or professional fees.

(H) Transportation costs at 20 cents per mile, if the cost is part of the business expense. Commuting expenses to and from the worksite are not part of the business expense.

(I) Charges for telephone service that are a necessary cost for self-employment.

(J) Meals and snacks provided by family day care providers for children in their care, except the provider's own children. The actual cost of the meals is used if the provider can document the cost. If the provider cannot document the actual cost, the USDA meal reimbursement rates are used.

(K) Materials purchased for resale, such as cosmetic products.

(L) For newspaper carriers, the cost of newspapers, bags, and rubber bands.

(h) The following costs are not permissible to be excluded from self-employment gross sales and receipts:

(A) Business losses from previous months.

(B) Payments on the principal of the purchase price of income-producing real estate and capital assets, equipment, machinery, and other durable goods.

(C) Federal, state, and local income taxes, draws or salaries paid to any financial group member, money set aside for personal retirement, and other work-related personal expenses, such as transportation, personal business, and entertainment expenses.

(D) Depreciation. For purposes of this section, "depreciation" means a prorated lessening of value assigned to a capital asset (see OAR 414-175-0002) based on its useful life expectancy and initial cost.

(E) Costs related to traveling to another area to seek business when there is no reasonable possibility of deriving income from the trip.

(F) Interest or fees on personal credit cards.

(G) Personal telephone charges.

(H) Shelter or utility costs associated with the individual's home, except as authorized by subsection (i) of this rule.

(i) The portion of an expense that is for business use only is excluded when items are used for both business and personal purposes, such as automobiles and a residence, including utilities.

(82) Paid Leave Oregon Benefits

(a) Payments from Paid Leave Oregon are counted as unearned income.

(b) Retroactive payments from Paid Leave Oregon are counted as periodic or lump-sum income (see 414-175-0002).

(83) Youth Experiencing Homelessness Program (YEHP): Any payment received through the Youth Experiencing Homelessness Program administered by the Oregon Department of Human Services is excluded when determining countable assets.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
DELC 11-2024, amend filed 02/28/2024, effective 03/01/2024
DELC 1-2024, minor correction filed 01/08/2024, effective 01/08/2024
DELC 146-2023, minor correction filed 12/27/2023, effective 12/27/2023
DELC 143-2023, minor correction filed 12/11/2023, effective 12/11/2023
DELC 47-2023, minor correction filed 10/31/2023, effective 10/31/2023
DELC 41-2023, minor correction filed 10/31/2023, effective 10/31/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0040 Prospective Eligibility and Budgeting

(1) For prospective eligibility and budgeting:

(a) The budget month and payment month are the same.

(b) The individual’s anticipated income, household composition, and other relevant factors are used to determine the individual’s eligibility and benefit level. The individual and Department jointly anticipate the individual’s income based on the income already received and the income the individual expects to receive.

(d) When prospective budgeting is used and the actual income differs from the amount determined under section (1)(b) of this rule:

(A) If the anticipated income exceeds the actual income, an individual is not entitled to a benefit supplement.

(B) If the actual income exceeds the anticipated income, there may be an individual-error overpayment under OAR 414-175-0099 and 461-195-0521.

(2) Income is budgeted so that the anticipated amount is the same for each month.

(3) Income that must be annualized is calculated under section (9) of this rule.

(4) For the initial month, income is budgeted so the anticipated amount is the same for each month, including the initial month. No supplement is issued based on incorrectly anticipated information.

(5) For an ongoing month: For a benefit group, the Department uses prospective eligibility and budgeting. The type of income is determined and calculated under sections (6) through (10) of this rule.

(6) Educational income is assigned to the months it is intended to cover, regardless of when it is received. The income is prorated over these months.

(7) Ongoing stable income in prospective budgeting and eligibility is treated so that the monthly amount is used to anticipate the income of the financial group. The amount of stable income for each month is determined as follows:

(a) If paid once per month, that amount is used.

(b) If paid twice per month or semi-monthly, that amount is converted to a monthly amount by multiplying it by two.

(d) If paid once per week, that amount is converted to a monthly amount by multiplying it by 4.3.

(8) Ongoing variable income is used as follows in prospective budgeting and eligibility so that the anticipated amount is the same for each month, unless otherwise stated in this rule.

(a) For income paid more than once per month, determine an average amount per pay period in accordance with sections (8)(b) to (8)(d) of this rule. The average amount is then converted to a monthly amount as follows, if paid --

(A) Twice per month, multiply by 2;

(B) Every other week, multiply by 2.15; or

(b) For variable earned income based on an hourly wage when the past is representative, monthly income is determined by calculating an average number of hours per pay period, then these hours are multiplied by the hourly wage and converted to a monthly amount under section (8)(a) of this rule.

(c) For variable earned income involving various rates of pay (overtime, shift differential, tips) when the past is representative, monthly income is determined by calculating the average income per pay period, then the average income is converted to a monthly amount under section (8)(a) of this rule.

(d) For variable earned or unearned income when the past is representative and income cannot be calculated under section (8)(b) or (c) of this rule, monthly income is determined by averaging the income over:

(A) A representative period of months by totaling the income for those months and dividing by the number of months used; or

(B) A representative number of pay periods and converting to a monthly amount under section (8)(a) of this rule.

(e) For variable earned and unearned income when the past is not representative of the income the financial group will receive during the eligibility period, the individual and the Department jointly determine the anticipated income.

(9) Annualizing and Prorating Contracted or Self-Employment Income

(a) Income from self-employment, including contract income while self-employed, is treated in accordance with OAR 414-175-0035 (81) unless the income meets the provisions of section (8)(b) of this rule.

(b) If past contract income is not representative of future income or when a substantial increase or decrease is expected in countable self-employment income in the next year, costs as allowed under OAR 414-175-0035 (81) and anticipated income are used to determine the countable income.

(A) Income received during a less than 12-month period but intended as a full year's income is annualized.

(B) Income received on an hourly or piecework basis or monthly over the term of the contract period is not annualized. It is treated as stable income under or variable income.

(d) Contract income that is not the annual income of the financial group and not paid on an hourly or piecework basis is prorated over the period the income is intended to cover.

(10) Periodic income is averaged over the applicable period.

(11) If the budgeting method changes from prospective to retrospective, the Department treats income from a terminated source that was counted prospectively as follows:

(a) If the actual amount received was less than or equal to the anticipated amount, the income is excluded.

(b) If the actual amount received was greater than the anticipated amount, the Department counts the difference between actual and anticipated amounts.

(12) For filing groups eligible under Expanded Child Welfare (EXP-CW) income shall not be considered countable for purposes of this rule.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 147-2023, minor correction filed 12/27/2023, effective 12/27/2023
DELC 144-2023, minor correction filed 12/11/2023, effective 12/11/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0041 Calculating Costs

(1) Costs incurred by the Filing Group that the filing group has a legal responsibility to pay are deductible from income in accordance with the rules in this division of rules.

(2) The following costs are not deductible:

(a) A cost paid by someone outside the filing group through a reimbursement, vendor payment, or in‑kind benefit.

(b) A cost that is paid by a person or company outside the filing group or that is written off by a medical facility. These are referred to as third‑party payments.

(c) The cost for a service provided by someone in the filing group, such as child care provided by one caretaker while another caretaker works.

(d) A cost used as an income deduction in one budget month or averaged over several months cannot be used again.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0050 Income Limits and Copay Amounts

The Department determines financial eligibility for ERDC and the copay benefit level as follows:

(1) ERDC financial eligibility.

(a) A need group is not eligible for benefits if the financial group has countable resources above $1,000,000.

(b) The monthly countable gross income of the financial group is determined in accordance with OAR 414-175-0040. If monthly countable income equals or exceeds the eligibility standards, the need group is ineligible for ERDC.

(A) At initial certification, the ERDC eligibility standard is met for a need group of eight or less if monthly countable income for the need group is less than 200 percent of the federal poverty level (FPL). The eligibility standard for a need group of eight applies to any need group larger than eight.

(i) A monthly income standard set at 200 percent of the 2026 federal poverty level, and updated every March, is set at the following amounts:

(I) Size of Group...................Standard

(II) 2......................................$3,607

(III) 3.....................................$4,554

(IV) 4.....................................$5,500

(V) 5......................................$6,447

(VI) 6.....................................$7,394

(VII) 7....................................$8,340

(VIII) 8 or more......................$9,287

(ii) A monthly income standard set at 85 percent of the 2026 state median income, and updated every March, is set at the following amounts:

(I) Size of Group...................Standard

(II) 2......................................$5,926

(III) 3.....................................$7,321

(IV) 4.....................................$8,715

(V) 5......................................$10,109

(VI) 6.....................................$11,504

(VII) 7....................................$11,765

(VIII) 8 or more......................$12,026

(iii) A monthly income standard set at 250 percent of the 2026 federal poverty level, and updated every March, is set at the following amounts:

(I) Size of Group...................Standard

(II) 2......................................$4,509

(III) 3.....................................$5,692

(IV) 4.....................................$6,875

(V) 5......................................$8,059

(VI) 6.....................................$9,242

(VII) 7....................................$10,425

(VIII) 8 or more......................$11,609

(B) After the income standard in (A) is met at initial certification, then during the certification period and at recertification the ERDC eligibility standard is met for a need group of eight or less if monthly countable income for the need group during the 12 month period is less than 250 percent FPL or 85 percent state median income (SMI), whichever is higher. The eligibility standard for a need group of eight applies to any need group larger than eight.

(c) The copay calculated under section (3) of this rule is compared to the allowable child care cost under section (2) of this rule. If the copay is equal to or greater than the allowable child care cost, the client is not eligible for ERDC.

(2) Allowable Child Care Cost. For an individual found eligible under section (1) of this rule, the allowable child care cost is set under this section.

(a) The child care costs for which the individual has been billed are compared to the amount provided in the appropriate child care chart in OAR 414-175-0075. The allowable child care cost is the lesser of the two amounts.

(b) The need group's copay is determined in accordance with section (3) of this rule.

(c) The copay is subtracted from the allowable child care cost, and the remainder is the payment the Department makes to the provider.

(3) Copay Calculation.

(a) When determining the copay, upon the applicant’s request, the Department may exclude at least 50 percent of gross self-employment income when a need group has countable self-employment income and permitted costs. The maximum exclusion is the total of all actual costs permitted under OAR 414-175-0035 (81)

(b) The monthly copay shall be as follows, using the countable income, or countable self-employment income minus permitted costs:

(A) Need group size of 2

(i) Income................................................Monthly Copay

(ii) $0 - $1,803.99.....................................$0

(iii) $1,804 - $2,704.99.............................$5

(iv) $2,705 - $3,606.99.............................$10

(v) $3,607- $34,057.99.............................$40

(vi) $4,058 - $5,925.99.............................$100

(B) Need group size of 3

(i) Income.................................................Monthly Copay

(ii) $0 - $2,276.99......................................$0

(iii) $2,277- $3,414.99...............................$5

(iv) $3,415 - $3,984.99..............................$10

(v) $3,985 - $4,553.99.............................. $15

(vi) $4,554 - $5,122.99..............................$50

(vii) $5,123 - $7,320.99..............................$110

(i) Income.................................................Monthly Copay

(ii) $0 - $2,749.99.....................................$0

(iii) $2,750 - $4,124.99.............................$5

(iv) $4,125 - $4,812.99.............................$10

(v) $4,813 - $5,499.99..............................$20

(vi) $5,500 - $6,187.99..............................$60

(vii) $6,188 - $8,714.99.............................$120

(D) Need group size of 5

(i) Income...............................................Monthly Copay

(ii) $0 - $3,223.99.....................................$0

(iii) $3,224 - $4,834.99.............................$5

(iv) $4,835 - $5,640.99.............................$10

(v) $5,641 - $6,446.99..............................$25

(vi) $6,447 - $7,252.99.............................$70

(vii) $7,253 – $10,108.99..........................$130

(E) Need group size of 6

(i) Income..................................................Monthly Copay

(ii) $0 - $3,696.99......................................$0

(iii) $3,697- $5,544.99...............................$5

(iv) $5,545- $6,469.99...............................$10

(v) $6,470 - $7,393.99...............................$25

(vi) $7,394 - $8,317.99..............................$70

(vii) $8,318 - $11,503.99............................$130

(F) Need group size of 7

(i) Income.................................................Monthly Copay

(ii) $0 - $4,169.99.....................................$0

(iii) $4,170 - $6,254.99.............................$5

(iv) $6,255 - $7,297.99.............................$10

(v) $7,298 - $8,339.99..............................$25

(vi) $8,340 - $9,382.99.............................$70

(vii) $9,383- $11,764.99............................$130

(G) Need group size of 8 or more

(i) Income................................................Monthly Copay

(ii) $0 - $4,643.99.....................................$0

(iii) $4,644- $6,964.99...............................$5

(iv) $6,965 - $8,125.99..............................$10

(v) $8,126 - $9,286.99...............................$25

(vi) $9,287- $10,447.99.............................$70

(vii) $10,448 - $12,025.99.........................$130

(4) The ERDC copay may be reduced or temporarily waived as follows:

(a) Reduced to $0 for no more than three months after closure of TANF benefits when:

(A) The closure is because an individual in the need group had earned income that led to the TANF closure;

(B) An ERDC date of request is established within 90 days of closure; and

(b) As described in OAR 414-175-0023.

(5) The ERDC copay may not be increased during the certification period unless benefits were determined in error.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 1-2025, amend filed 02/27/2025, effective 03/01/2025
DELC 55-2024, minor correction filed 04/15/2024, effective 04/15/2024
DELC 11-2024, amend filed 02/28/2024, effective 03/01/2024
DELC 148-2023, minor correction filed 12/27/2023, effective 12/27/2023
DELC 145-2023, minor correction filed 12/11/2023, effective 12/11/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0051 Requirement to Make Copay or Satisfactory Arrangements

(1) The Need Group must use a child care provider who meets the requirements in OAR 414-175-0080 and 414-175-0085.

(2) The caretaker is responsible for paying the copayment to the primary provider of child care unless the Child Care Billing was sent to the provider showing no copayment.

(3) If the caretaker has only one provider during a month, that provider is the primary provider. If the caretaker uses more than one provider, the caretaker must designate one as the primary provider. Notwithstanding any designation by the caretaker, the Department considers a provider having the copayment amount (not to exceed the caretaker's established copayment amount) deducted from its valid billing statement the primary provider for that period.

(4) If the copayment exceeds the amount billed by the primary provider, the Department may treat a different provider as the primary provider or split the copayment among the providers who bill for care.

(5) The copayment amount due from the caretaker to the provider is the lesser of:

(a) The copayment amount determined by the Department based on family size and income.

(b) The total amount allowed by the Department on a provider claim.

(6) A provider must notify the Department of an overdue copayment within 60 days after the Department issues payment for the month at issue. A caretaker who fails to pay a copayment to or to make satisfactory arrangements with the primary provider will be ineligible for ERDC benefits upon recertification, except for families categorically eligible for ERDC. A copayment is considered paid under any of the following circumstances:

(a) On the first day of the month in which the caretaker makes the copayment or makes satisfactory arrangements with the provider.

(b) On the first day of the month after three years have lapsed from the date the caretaker failed to make the copayment.

(c) On the first day of the month in which the caretaker provides verification that the copayment debt was discharged by a bankruptcy filing.

(7) The Department will make the payment to a provider if a Child Care Billing is mailed to the provider prior to the notification described in section (6) of this rule.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0052 Concurrent and Duplicate Program Benefits

An individual receiving ERDC benefits may not receive benefits for the same period as a member of two or more different Need Groups unless that individual is a child residing in two different households.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 1-2025, amend filed 02/27/2025, effective 03/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0055 Decision Notices

(1) A decision notice:

(a) Specifies the date the notice is mailed, which is the effective date for a basic decision notice.

(b) Except as provided in section (2) of this rule, specifies the action the Department intends to take and the effective date of the action.

(d) Informs the individual of the extent to which the individual has a right to a hearing before an impartial person.

(e) Specifies the method and deadline for requesting a hearing.

(f) Informs the individual of the right to representation, including legal counsel, and the right to have witnesses testify on his or her behalf.

(g) Provides information about the availability of free legal help.

(h) Cites the rules that support the action, or includes a notification of the rules that support the action.

(2) If benefits are reduced or closed to reflect cost-of-living adjustments in benefits or any other mass change under a program operated by a federal agency or to reflect a mass change to payments in a program operated by the Department:

(a) The requirements in subsection (1)(b) of this rule are optional. Instead of specifying the action the Department intends to take and the effective date of the action, the decision notice may state all of the following:

(A) The general nature of the change.

(B) Examples of how the change affects a individual’s benefits.

(b) The decision notice must also state the individual’s right to continue receiving benefits.

(3) The notice period is used to determine the effective date for taking action when a decision notice is sent to the filing group:

(a) For a basic decision notice, the notice period is the month in which the notice is mailed.

(b) For a continuing benefit decision notice, the notice period is the budget month from which information is used to initiate the decision notice.

(c) For a timely continuing benefit decision notice, the notice period is the month in which the mailing requirement ends.

(d) Except as provided under section (3)(e) of this rule, the timely continuing benefit decision notice mailing requirement is no later than the 15th day of the month.

(e) If the basis for a decision to reduce, suspend, or close ERDC benefits is a change to a benefit standard, the timely continuing benefit decision notice mailing requirement is:

(A) At least 30 calendar days before the effective date of the action, or

(B) If the Department has fewer than 60 days before the effective date to implement a change to a benefit standard, the mailing requirement is as provided under section (4) of this rule. For purposes of this section, the term “change to a benefit standard” means a change to the applicable inflation-adjusted contribution, income, or payment standard. It does not include the annual adjustment to a standard based on a federal or state inflation rate.

(4) Each household must receive a notice of expiration prior to the last month of the certification period containing:

(a) The date the certification period expires.

(b) A statement that to receive benefits, the individual must reapply and be found eligible for a new benefit amount.

(c) The household's right to request a contested case hearing if the reapplication is denied or if the household objects to the benefit amount.

(5) Notwithstanding any rule in Chapter 414, to the extent permitted by OAR 137-003-0530, the Department may take any of the following actions:

(a) Amend a decision notice with another decision notice or a contested case notice including to clarify the rules that support the decision.

(b) Amend a contested case notice.

(d) Extend the effective date on a decision notice or contested case notice.

(6) Except as provided in section (5) or when a delay results from the individual's request for a hearing, a notice to reduce or close benefits becomes void if the reduction or closure is not initiated on the date stated on the notice. If the notice is void, a new notice is sent to inform the financial group of a new date on which their benefits will be reduced or closed.

(7) No decision notice is required in each of the following situations:

(a) Benefits are ended because there is no living person in the benefit group.

(b) A notice was sent, the individual requested a hearing, and either the hearing request is dismissed or a final order is issued.

(c) The individual has signed a voluntary agreement that qualifies as a final order under ORS 183.417(3)(b) except as provided otherwise in this rule.

(d) No decision notice is required based on prior notice.

(8) When the Department amends a decision notice with another decision notice under subsection (4) of this section, the date of the amended notice restarts the individual's deadlines to request a hearing or continuing benefits, or both.

(9) When a contested case notice extends an effective date or delays a reduction or closure, the date of the amended notice restarts an individual's timeline to request continuing benefits.

(10) When an individual has a pending hearing request or is receiving continuing benefits, and the Department amends a notice under this section, the individual need not re-file the hearing request or renew the request for continuing benefits.

(11) To end benefits if an individual receives them for less than 30 days, a basic decision notice is sent.

(12) The Department sends a continuing benefit decision notice when:

(a) Benefits are calculated in accordance with OAR 414-175-0075.

(b) To remove an individual from the need group.

(13) To end benefits for an individual who has moved out of Oregon and no longer meets residency requirements under OAR 414-175-0020, the Department sends the following decision notice:

(a) The Department sends a timely continuing benefit decision notice to the individual who has moved out of Oregon.

(b) The Department sends a basic decision notice if the individual becomes eligible for benefits in another state.

(14) If benefits are reduced or closed to reflect cost-of-living adjustments in benefits or other mass change under a program operated by a federal agency or to reflect a mass change to payments in a program operated by the Department, the type of decision notice used is the same as otherwise applies to the reduction or closure of benefits under the rules of this division. Section 2 of this rule modifies the content requirements for a decision notice sent because of a cost-of-living adjustment or mass change that apply to other decision notices under Section 1.

(15) When the Department takes action on information reported on the Periodic Report form, the Department sends a continuing benefit decision notice. The notice includes the amount of income used to determine the benefits or ineligibility.

(a) For all changes not reported on the Periodic Report form, which result in a closure or reduction in benefits, the Department sends a timely continuing benefit decision notice.

(b) When the Department changes the reporting system from one reporting system to another reporting system, the Department provides a continuing benefit decision notice if the change occurs at a time other than at the start of a certification period.

(16) The Department sends a continuing benefit decision notice to close benefits when the benefit group fails to return the reapplication form. The case is closed on the last day of the last month of the certification period.

(17) When benefits are reduced for recovery of an overpayment (see OAR 414-175-0097 and 461-195-0551) a timely continuing benefit decision notice is sent for the first month of the reduction.

(18) Except as provided in section (22) of this rule, when benefits will end or be reduced after a specific period of time, the Department may issue a decision notice informing the benefit group of the date benefits will end or be reduced, and no further decision notice is required.

(19) Except as provided in section (22) of this rule, if the benefit group was informed in writing when the benefits began that the benefit group would receive benefits only for a specific period of time a basic decision notice may be used to—

(a) Deny an application to start or continue benefits after the completion of a certification period or to approve benefits at a level lower than the prior certification period.

(b) Indicate that benefits have been ended or reduced when no timely application is submitted.

(20) A basic decision notice is used when a special need allowance granted for a specific period of time is removed at the end of the specified period and the benefit group was informed of this in writing when the allowance began. A timely continuing benefit decision notice is required if stopping the special need allowance results in benefit closure.

(21) Relating to sections (18), (19), and (20) of this rule, no additional decision notice is required when:

(a) Notwithstanding OAR 414-175-0005, when a benefit group submits an application for a program from which they currently are receiving benefits.

(b) When a filing group is receiving priority processing but does not return postponed verification to the Department by the last day of the month in which the application period ends.

(c) A decision notice that included the eligibility begin and end dates was given for the reduced ERDC copay described in OAR 414-175-0050 and the three-month eligibility period ends.

(22) If the caretaker, another adult member of the need group, or the authorized representative:

(a) Makes an oral request to end or reduce benefits, a timely continuing benefit decision notice is sent.

(b) Makes a request, including a written or recorded verbal signature to withdraw, end, or reduce benefits, a basic decision notice is sent.

(c) Makes an oral request to withdraw an application for benefits, a basic decision notice is sent. The Department may reduce or terminate benefits to an individual when the individual completes a voluntary agreement on a Department form used for this purpose with a written or recorded verbal signature.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 1-2025, amend filed 02/27/2025, effective 03/01/2025
DELC 16-2024, minor correction filed 03/04/2024, effective 03/04/2024
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0060 Reporting Changes

(1) A caretaker is required to report a change in circumstances in accordance with the reporting system in which the caretaker participates.

(2) The Department determines the appropriate reporting system.

(3) In addition to any required report form, when a caretaker is required by this division of rules to report a change in circumstances, the report may be made by telephone, office visit, report form, or other written notice.

(4) A change is considered reported effective the date a caretaker or authorized representative reports the information to an Oregon Department of Human Services branch office or within the ONE Applicant Portal.

(5) A change reported by a caretaker or authorized representative for one program supported by the ONE Eligibility System is considered reported for all programs in which that caretaker participates.

(6) A change in employment status is considered to occur as follows:

(a) For a new job, the change occurs the first day of the new job.

(b) For a job separation, the change occurs on the last day of employment.

(7) A change in source of income is considered to occur as follows:

(a) For earned income, the change occurs upon the receipt by the caretaker of the first paycheck from a new job or the first paycheck reflecting a new rate of pay.

(b) For unearned income, the change occurs the day the caretaker receives the new or changed payment.

(8) A caretaker must report, orally or in writing, to the Oregon Department of Human Services the following changes within 10 days of occurrence:

(a) A change in employment status.

(b) A change in mailing address or residence.

(d) A member of the filing group is discharged from the U.S. military and returning from active duty in a military war zone.

(e) A change in income above the 250 percent federal poverty level (FPL) or 85 percent state median income (SMI), whichever is higher, as described in OAR 414-175-0050, that is expected to continue.

(9) A caretaker must report to the Direct Pay Unit of the Department, orally, or in writing, a change in child care provider.

(10) A caretaker is not required to report any of the following changes:

(a) Periodic cost-of-living adjustments to the federal Black Lung Program, SSB (Social Security Benefits), SSDI, SSI, and veterans assistance under Title 38 of the United States Code.

(b) Periodic cost-of-living adjustments to ERDC, GA, OSIP, REF, SFPSS, and TANF standards.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0065 Reapplication for ERDC

(1) At the end of the certification, authorized work search, medical leave, or military transition period, whichever is later, an applicant must complete and return to an Oregon Department of Human Services (ODHS) branch office or within the ONE Applicant Portal a reapplication form before a new certification period may be established under OAR 414-175-0011.

(2) A reapplication form is considered complete when it is received by a ODHS branch office or submitted within the ONE Applicant Portal by the 10th day of the last month of the certification, authorized work search, medical leave, or military transition period, whichever is later, and:

(a) The applicant answers, completely and accurately, all questions necessary to determine a copay amount for the following certification period;

(b) The applicant provides all required verification in accordance with OAR 414-175-0024; and

(3) When a ODHS branch office receives a completed reapplication form by the deadline in section (2) of this rule, the form is used to:

(a) Determine eligibility for ERDC benefits;

(b) Establish the ERDC benefit copay amount for the next certification period; and

(c) Establish the next certification period as beginning on the first day of the month following the last month of the previous certification, authorized work search, medical leave, or military transition period, whichever is later.

(4) When a ODHS branch office does not receive a completed reapplication form on or before the deadline in section (2) of this rule, the case is closed effective the last day of the last month of the certification, authorized work search, medical leave, or military transition period, whichever is later.

(5) If the reapplication form is received after the deadline in section (2) of this rule, it is treated as a new application in accordance with OAR 414-175-0005.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0070 Effective Dates

(1) The effective date for starting benefits is one of the following:

(a) The first day of the month in which the request for benefits is made if:

(A) All eligibility requirements are met in that month; and

(B) Verification, in accordance with OAR 414-175-0024, is provided within the application processing timeframes.

(b) If all eligibility requirements are not met in the month of request, the effective date is the first day of the month in which they are met, if verification, in accordance with OAR 414-175-0024, is provided within the application processing timeframes.

(2) The effective date for a change in an ERDC case will be:

(a) For changes reported on the reapplication form:

(A) The first day of the next certification period; or

(B) If changes will end benefits, the last day of the current certification period.

(b) For changes not reported on the reapplication form:

(A) For changes that require the certification period to be shortened, the effective date for the end of the certification period becomes the last day of the month in which the notice period ends. If the notice period ends the month after the change is reported, and the information results in an increase in benefits, adjust benefits for the last month of the shortened certification period.

(B) For all other changes that will cause:

(i) An increase in benefits, the effective date is the first of the month after the filing group reports the change.

(ii) A decrease in benefits, the effective date is the first of the month after the notice period ends.

(3) The effective date for adding an individual to the need group or benefit group is as follows:

(a) If adding the individual to the need group will decrease the copay, the effective date is the first of the month after the client reports the person has joined the household.

(b) The effective date for adding a child to the benefit group, that is, covering the cost of the child's care, is the earliest of the following:

(A) For newborns, the date of birth, if all eligibility requirements are met and verified within 45 days after the birth.

(B) For all other children, the first of the month in which the change is reported, if all eligibility requirements are met and verified within 45 days.

(C) For newborns and other children, if eligibility cannot be verified within 45 days, the effective date is the first of the month in which all eligibility factors are met and verified.

(4) The effective date for removing an individual from a benefit group is as follows:

(a) If the individual has left the benefit group in the current budget month because they are ineligible, disqualified, or have left the household, the effective date is:

(A) The first of the month after the notice period ends, if the change will reduce benefits.

(B) The last day of the month in which the notice period ends, if the change will end benefits.

(b) If the individual is reasonably expected to leave the household next month, the effective date is the later of the following:

(A) The first of the month following the month in which the individual leaves the household group, if the change will reduce benefits.

(B) The end of the month in which the individual is expected to leave the household group, if the change will end benefits.

(c) Upon the death of an individual and is not the only individual in the benefit group, the effective date of the closure or reduction in benefits is the last day of the month in which the timely continuing benefit decision notice period ends under OAR 414-175-0055.

(5) The effective date for denying benefits is the date the decision is made that the client is not eligible.

(6) For an Intentional Program Violation (IPV) disqualification (see OAR 414-175-0099), the disqualification ends the day after the minimum disqualification period ends, if there is no additional IPV disqualification to be served and all eligibility requirements are met.

(7) In the event of a new effective date of eligibility following closure of benefits or following the end of a certification period, eligibility starts the first day of the month of the date of request.

(8) If a proposed reduction or closure of benefits is delayed because a hearing was requested, the reduction or closure is effective in accordance with the notice that precipitated the appeal.

(9) The effective date for restoring benefits that were underpaid (including erroneous collections of overpayments) or denied or closed in error is set as follows:

(a) For underpayments resulting from administrative error, the effective date is the date the error was made. Benefits may be restored only for a period of time within the preceding 12 months.

(b) For underpayments resulting from client error, the effective date is the earliest of the following:

(A) The month the benefit group notifies the Oregon Department of Human Services (ODHS) branch office of the possible loss.

(B) The month the ODHS branch office discovers the loss.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
DELC 48-2023, minor correction filed 10/31/2023, effective 10/31/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0075 Child Care Provider Eligibility Standards, Payments Rates, Payment Limits, and Payable Hours

(1) The following definitions apply to the rules governing child care rates:

(a) Infant: For all providers other than licensed (registered or certified) care, a child aged newborn to 1 year. For licensed care, an infant is a child aged newborn to 2 years.

(b) Toddler: For all providers other than licensed (registered or certified) care, a child aged 1 year to 3 years. For licensed care, a toddler is a child aged 2 years to 3 years.

(d) School: A child aged 6 years or older.

(e) Special Needs Rate (SNR): A child who meets the age requirement of the program and who requires a level of care over and above what is typically expected for their age due to a physical, behavioral, or mental disability. The disability must be verified in accordance with 414-175-0024.

(2) The following definitions apply to the types of care specified in the child care rate charts in subsections (4)(a) through (4)(c) of this rule:

(a) The Standard Family Rate applies to child care provided in the provider's own home or in the home of the child when the provider does not qualify for the enhanced rate allowed by subsection (b) of this section.

(b) The Enhanced Family Rate applies to child care provided in the provider's own home or in the home of the child when the provider meets the training requirements of the Oregon Registry, established by the Oregon Center for Career Development in Childhood Care and Education.

(c) The Registered Family Rate applies to child care provided in the provider's own home when the provider meets criteria established by the Child Care Licensing Division.

(d) The Certified Family Rate applies to child care provided in a residential dwelling that is certified by the Child Care Licensing Division as a Certified Family Home. To earn this designation, the facility must be inspected, and both provider and facility are required to meet certain standards not required of a registered family provider.

(e) The Standard Center Rate applies to child care provided in a facility that is not located in a residential dwelling and is exempt from Child Care Licensing Division Certification rules.

(f) The Enhanced Center Rate applies to child care provided in an exempt center whose staff meet the training requirements of the Oregon Registry established by the Oregon Center for Career Development in Childhood Care and Education. Eligibility to receive the enhanced center rate for care provided in an exempt center is subject to the following requirements:

(A) A minimum of one staff member for every 20 children in care must meet the Oregon Registry training requirements noted in subsection (b) of this section.

(B) New staff must meet the Oregon Registry training requirements within 90 days of hire, if necessary to maintain the trained staff-to-children ratio described in paragraph (f)(i) of this subsection.

(C) There must be at least one person present where care is provided who has a current certificate in infant and child CPR and a current American Red Cross First Aid card or an equivalent.

(g) An enhanced rate will become effective not later than the second month following the month in which the Department receives verification that the provider has met the requirements of subsection (b) or (f) of this section.

(h) The Certified Center Rate applies to child care provided in a certified center, a certified Outdoor Nature Based program or an Alternative Pathway program that is certified by the Child Care Licensing Division.

(3) The following provisions apply to child care payments:

(a) Providers not eligible for the enhanced or licensed rate will be paid at an hourly rate for children in care less than 158 hours per month subject to the maximum full-time monthly rate.

(b) Providers eligible for the enhanced or licensed rate will be paid at an hourly rate for children in care less than 136 hours a month, unless the provider customarily bills all families at a part-time monthly rate subject to the maximum full-time monthly rate and is designated as the primary provider for the case.

(c) At their request, providers eligible for the enhanced or licensed rate may be paid at the part-time monthly rate if they provide 63 or more hours of care in the month, customarily bill all families at a part-time monthly rate, and are designated as the primary provider for the case.

(d) Unless required by the circumstances of the caretaker or child, the Department will not pay for care at a part-time monthly or a full-time monthly rate to more than one provider for the same child for the same month.

(e) The Department will pay at the hourly rate for less than 63 hours of care in the month subject to the maximum full-time monthly rate.

(f) The Department will pay for absent days each month the child is absent. Absent days can be billed if:

(A) It is the provider's policy to bill all families for absent days; and

(B) The child was scheduled to be in care, the provider bills for the amount of time the child was scheduled to be in care, and the child has not been absent for a calendar month.

(g) Child care providers are eligible to receive an incentive payment upon achieving and maintaining a three star or higher rating with the Quality Rating Improvement System (QRIS), or SPARK program, subject to all of the following provisions.

(A) The incentive payment is in addition to the Department maximum rate.

(B) A provider may receive an incentive payment for any ERDC child that the Department paid the provider for full-time care (136 hours or more).

(C) Providers who are contracted for child care services through the ERDC program are not eligible to receive incentive payments, with the exception of Early Head Start providers.

(D) Eligibility for the incentive payment is effective the month after the QRIS rating has been achieved.

(E) The incentive payment amount is based on the provider's star QRIS rating as follows:

(i)    Star Rating……………….Amount

(ii)    3…………………………………$54

(iii)   4…………………………………$72

(iv)   5…………………………………$90

(h) Child care providers eligible for the licensed rate may receive payment from the Department for registration and other fees if they are required by the facility for a child to begin or continue care and the fees are also required of the general public. Fees related to penalties, fines, charges exceeding approved ERDC hours or rates (see section (4) of this rule), or advance payment for cost of care are not eligible for payment.

(A) Child care providers are eligible to receive an additional payment from the Department of 9% of the payment issued for a billing when all the following are met:

(i) A home-based provider’s billing was processed more than 4 business days after the completed billing was received by the Department or a center-based provider’s billing was processed more than 7 business days after the completed billing was received by the Department,

(ii) The provider initiated the request for the additional payment within 30 calendar days of the payment being processed,

(B) Providers request the additional payment using the Department’s request process, and

(C) The payment was processed outside the timeframe indicated in subparagraph (A) of this paragraph (i) under circumstances other than exceptional circumstances. “Exceptional circumstances” means circumstances beyond the reasonable control of the Department including:

(i) State declared natural disaster,

(ii) System outages or failure that prevents payment issuance, or

(iii) A cause that originated outside the Department that the Department could not prevent.

(4) Effective March 1, 2026, the following are the child care rates based on the type of provider, the location of the provider (shown by zip code), the age of the child, and the type of billing used (hourly or monthly):

(a) [see attached table]

(b) [see attached table]

(5) OAR 414-175-0050 establishes ERDC allowable child care cost, and the copay calculation, except for child care under a contract between a Head Start agency and the Department, which is covered under OAR 414-175-0105.

(6) Subject to the provisions in section (9) of this rule, the monthly limit for each child's child care payments is the lesser of the amount charged by the provider or providers and the following amounts:

(a) The monthly rate provided in section (4) of this rule.

(b) The product of the hours of care, limited by section (8) of this rule, multiplied by the hourly rate provided in section (4) of this rule.

(7) The limit in any month for child care payments on behalf of a child whose caretaker is away from the child's home for more than 30 days because the caretaker is a member of a reserve or National Guard unit that is called up for active duty is the lesser of the following:

(a) The amount billed by the provider or providers.

(b) The monthly rate established in this rule for 215 hours of care.

(8) The number of payable billed hours of care for a child is limited as follows:

(a) The total payable hours of care in a month may not exceed the amounts in paragraphs (a)(A) or (B) of this subsection:

(A) 125 percent of the number of child care hours authorized under OAR 414-175-0050; or

(B) The monthly rate established in section (4) of this rule multiplied by a factor of not more than 1.5, determined by dividing the number of hours billed by 215, when the caretaker meets the criteria for extra hours under section (10) of this rule.

(b) For a caretaker who earns less than the Oregon minimum wage, the total may not exceed 125 percent of the anticipated earnings divided by the state minimum wage not to exceed 172 hours (which is full time).

(9) The limit in any month for child care payments on behalf of a child whose caretaker has special circumstances, defined in section (10) of this rule, is the lesser of one of the following:

(a) The amount billed by the provider or providers; or

(b) The monthly rate established in section (4) of this rule multiplied by a factor, of not more than 1.5, determined by dividing the number of hours billed by 215.

(10) The limit allowed by section (9) of this rule is authorized once the Department has determined the caretaker has special circumstances. For the purposes of this section, a caretaker has special circumstances when it is necessary for the caretaker to obtain child care in excess of 215 hours in a month to perform the requirements of their employment or training required to keep current employment, not including self-employment. This is limited to the following situations:

(a) The caretaker’s commute time to and from work or education settings and any required unpaid breaks exceeds 25 percent of the total authorized child care hours for the month.

(b) The caretaker has an overnight shift and care is necessary for both shift hours and sleep hours.

(A) There is overlap in the caretakers’ reported hours, and

(B) At least one caretaker works an overnight shift.

(d) The caretaker has a split shift and it is not feasible to care for the child between shifts.

(e) The caretaker consistently works, participates in education hours, or both, more than 40 hours per week.

(11) Provider payment rates are informed by a cost estimation model and may include financial incentives as outlined in ORS 329A.500(4)(c)(A)-(G).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 4-2026, amend filed 03/26/2026, effective 04/01/2026
DELC 3-2026, temporary amend filed 02/27/2026, effective 03/01/2026 through 06/01/2026
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 11-2025, amend filed 12/18/2025, effective 01/01/2026
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 136-2024, minor correction filed 09/30/2024, effective 09/30/2024
DELC 139-2023, amend filed 12/06/2023, effective 01/01/2024
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0076 High Needs Child Care Payments

(1) The supplemental high needs payment is allowable if the child is eligible for the special needs rate outlined in OAR 414-175-0075(1)(e) and the requirements of the following subsections are met:

(a) The child requires significantly more direct intervention by the child care provider than typical for a child of the same age as determined by the Department through an assessment with the family and child care provider input and review of submitted documentation.

(b) The child is enrolled in an Early Intervention or Early Childhood Special Education program or school-age Special Education Program with a written plan that supports the child’s need for increased intervention and supervision while in care or is receiving additional supportive services as private therapies or behavioral or mental health services.There must be a written plan, treatment plan, or ongoing proof of services dated within the last 12 months. If an updated plan is not available due to program delays, the caretaker must provide documentation that an updated plan is delayed.

(c) Eligibility for the supplemental high needs payment must be reviewed by the Department at least once every 12 months from the date of the prior determination.

(2) The supplemental high needs payment is intended to cover the cost of additional care and intervention required due to a child's physical, mental or behavioral condition. To determine the supplemental high needs payment, a factor ranging from 0 to 2, determined by this rule is multiplied by:

(a) $5.00 for a payment calculated on an hourly basis; or

(b) $840 for a payment calculated on a monthly basis.

(3) The factor used to make the calculation described in section (2) of this rule is determined by first establishing a score for each category listed in section (5) of this rule. The score is established by multiplying a rating and the weight for each category. The weight is given in section (5). The rating is determined as follows:

(a) The child’s need for care and supervision is assessed and is compared with the needs of other children of the same age, and a rating is determined for each category. The rating is a whole number from zero to ten.

(b) Benchmark scores are given in section (5) of this rule for each category using several descriptions of need. The child’s level is matched with the benchmark descriptions, and a rating is assigned based on a comparison of the child’s needs and the benchmark descriptions. If a child’s level of need falls between — or is described in part by — two benchmarks in the rule, an appropriate intermediate rating is assigned based on the benchmarks scores.

(4) After a score is determined for each category, the scores are added. The sum of the scores is changed to 100 if it is less than 110 and is reduced to 300 if it exceeds 300. The adjusted score is decreased by 100, and the remainder is divided by 100. The result is the factor used in section (2) of this rule.

(5) The categories, their weights, and standards for their ratings are as follows:

(a) Level of medical care — weight is 7:

(A) Child requires on-site medical attention by a licensed medical or mental health professional and the child care provider must have specialized training related to the child’s medical or mental health needs — rating of 10.

(B) The provider must have specialized training related to the child’s medical or mental health needs and consults frequently with a medical or mental health professional — rating of 8.

(C) Child requires medical attention by an individual who has received some specialized training related to the child’s medical or mental health needs — rating of 4.

(D) Child requires medical attention or monitoring by an individual who has received special instructions from the parent or a service provider related to the child’s medical or mental health needs — rating of 1.

(E) Child’s needs can be met by staff with general knowledge — rating of zero.

(b) Self-sufficiency with daily tasks — weight is 5:

(A) Child requires total assistance with eating or toileting, such as requiring tube feedings or with special toileting needs, such as ostomy care — rating of 10.

(B) Child requires considerable assistance in eating or toileting — rating of 5.

(D) Child can take care of daily tasks with very little assistance — rating of zero.

(A) Child is unable to help with positioning or movement, needs frequent repositioning, and the child is difficult to move — rating of 10.

(B) Child can help with transfers, pivoting and position — rating of 5.

(D) Child’s mobility is similar to other children of the same age — rating of zero.

(d) Communication skills — weight is 6:

(A) Child is unable to communicate needs and wants, and is unable to use alternative communication methods — rating of 10.

(B) Child relies entirely upon alternative methods such as sign language, picture boards, gestures, or facial expressions, to communicate the child’s needs or to understand requests made of the child — rating of 8.

(C) Child has limited verbal skills. The child may require one-on-one communication to gain the child’s attention, simplify instructions, or to understand the child’s speech or gestures. Child may use alternative methods, mentioned in paragraph (B) of this sub-section, as a supplement to verbal skills — rating of 4.

(D) Child’s communication skills are roughly similar to other children of the same age — rating of zero.

(e) Need for monitoring and intervention — weight is 11:

(A) The child must remain within the child care provider’s direct view at all times and needs frequent intervention to prevent harm to self or other children — rating of 10.

(B) The child must remain within the provider’s direct view at all times but does not need frequent intervention — rating of 7.

(C) Child has behaviors that frequently require adult intervention but are not a threat to the child’s or other children’s safety — rating of 4.

(D) Child needs assistance to initiate, respond to, or engage in peer interactions that are safe, positive, and appropriate — rating of 2.

(E) Child needs some assistance but generally does well if the assistance is provided — rating of zero.

(f) Cognition and comprehension — weight is 7:

(A) Child is unable to recognize danger, is unable to follow instructions without one-on-one assistance, and has difficulty processing basic sensory information about the environment. This does not include vision or hearing as the primary difficulty — rating of 10.

(B) Child needs to be given one instruction at a time and may need reminders of what was asked in order to complete instruction — rating of 5.

(g)  Other special considerations — weight is 5. There are other considerations relating to the level of supervision required for the child that are not included in the above categories. A rating is determined based on how much more supervision the child needs — because of the other consideration — than other children of the same age.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 11-2025, amend filed 12/18/2025, effective 01/01/2026
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0080 Eligibility of Child Care Providers

(1) The Department must approve a child care provider if information available to the Department provides no basis for denying eligibility unless it is determined that the provider or other subject individual (see OAR 125-007-0210, 407-007-0210(12)(a)(K), and 414-061-0030) is not eligible to provide care.

(2) The Department may approve a child care provider who is legally exempt (see section (12) of this rule) as a child care provider for a child (see OAR 461-001-0000) in the provider’s household, if all members of the household have an enrollment (see OAR 414-061-0020(18)), conditional enrollment (see OAR 414-061-0020(9)), or limited enrollment (see OAR 414-061-0020(25)(b)) in the Central Background Registry (see OAR 414-061-0000) and all of the following requirements are met:

(a) There is no criminal history consisting of a disqualifying crime listed in 45 CFR 98.43(c).

(b) The household member with the criminal or child abuse and neglect history is a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) of the child needing child care.

(d) The approval for Department payments only applies for the child of the household member, or a child for whom the household member is a caretaker.

(3) The Department may approve a child care provider who is legally exempt as a child care provider and will be providing care for a child in the child’s household, if the provider has enrollment in the Central Background Registry and the provider does not live in the child’s home.

(4) Ineligibility for payment may result from any of the following and begins on the date of occurrence:

(a) A violation of a requirement under section (8) of this rule. When a provider fails to keep daily attendance records as required under subsection (8)(e) of this rule, the “date of occurrence” begins on the day for which there is no required record.

(b) A finding of "denied".

(A) A provider may be "denied" if they are not enrolled in or are suspended from the Central Background Registry, if they have submitted an application for enrollment in the Central Background Registry that has been denied for cause, or if they have been removed for cause from the Central Background Registry by final order of the Child Care Licensing Division (CCLD) and have not been re-enrolled. A subject individual who has been denied enrollment in the Central Background Registry due to a determination of unsuitability shall not be eligible for enrollment in the Central Background Registry for five years from the date of denial.

(B) A subject individual may appeal CCLD’s determination not to enroll the subject individual in the Central Background Registry, for an enrollment, conditional enrollment, or limited enrollment as defined in OAR 414-061-0020(25), pursuant to OAR 414-061-0120.

(A) A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (d)(A) of this section.

(B) While the provider is in "failed" status:

(i) The Department does not pay any other child care provider for child care at the "failed" provider's site.

(ii) The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

(C) A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

(d) A finding of "suspended".

(A) A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (8) of this rule: (b), (d), (e), (h), (i), (j), (k), (l), (p)(H), (p)(I), (u), (x) or in section (11) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing.

(B) While the provider is in "suspended" status:

(i) The provider is ineligible for payment for at least six months.

(ii) The Department does not pay any other child care provider for child care at the "suspended" provider's site.

(iii) The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

(C) A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

(e) The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

(5) The provider must submit a completed Child Care Provider Listing Form (Form 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client.

(6) To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

(a) If the provider is not legally exempt:

(A) Be currently certified or registered with CCLD under OAR414-210-0100 through 414-210-1620, 414-305-0000 to 414-305-1620, 414-310-0100 to 414-310-0720, 414-320-0100 to 414-320-1620, or 414-360-0100 through 414-360-1620 and be in compliance with the applicable rules;

(B) Complete the Department's listing process; and

(b) If the provider is legally exempt and a legally exempt relative (see section (12) of this rule):

(A) Complete the Central Background Registry enrollment under OAR 414-061-0090;

(B) Complete the Department's listing process; and

(A) Meet all CCLD Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

(B) Submit to and pass a site visit at the location where care will be provided;

(i) At least one individual must be enrolled in the Central Background Registry; and

(ii) All other subject individuals must be enrolled or conditionally enrolled in the Central Background Registry.

(D) Complete the Department's listing process; and

(E) Be approved by the Department.

(d) In the case of a child care facility licensed by a sovereign tribal nation:

(A) Must receive annual health and safety inspections from the Indian Health Services;

(B) Each individual who may have unsupervised access to a child in care must be enrolled in the Central Background Registry;

(D) Be approved by the Department.

(7) Each provider and each subject individual must have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

(8) Each provider must:

(a) Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

(b) Be 18 years of age or older and meet all of the following:

(A) Be enrolled in and not suspended from the Central Background Registry or be in an approved status by the Department;

(B) Have competence, sound judgment and self-control when working with children; and

(c) Not be in the same ERDC or TANF filing group (see OAR 461-110-0330 and 461-110-0350) as the child cared for the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of the child.

(d) Allow the Department to visit or inspect the site of care while child care is provided.

(e) Keep and provide daily records as follows:

(A) Attendance records must accurately record the arrival and departure times for each child in care.

(B) Written attendance and billing records for each child receiving child care benefits from the Department must be retained for a minimum of 12 months.

(D) Records for absent days billed to the Department under OAR 414-175-0075 must record the hours the child was scheduled to be in care and indicate the child was absent.

(f) Be the individual or facility listed as providing the child care.

(g) Only use someone else to supervise a child on a temporary basis if all of the following are met:

(A) The person was included on the most current listing form;

(B) The person is enrolled in the Central Background Registry; and

(h) Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

(i) Report to DPU within five days of occurrence:

(A) Any arrest, indictment, or conviction of any subject individual or individual described in section (6) of this rule.

(B) Any involvement of any subject individual or individual described in section (6) of this rule with CPS; the Office of Training, Investigations and Safety (OTIS); or any other agencies providing child or adult protective services.

(D) The addition of any subject individual.

(E) Any reason the provider no longer meets the requirements under this rule.

(j) Report suspected child abuse of any child in the provider’s care to the child abuse and neglect hotline or a law enforcement agency.

(k) Supervise each child in care at all times. This includes being within sight or sound of all children; being aware of what each child is doing; being near enough to children to respond when needed; and being physically present when kindergarten-age or younger children are playing outside, unless the play area is fully fenced and hazard free.

(l) Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (12) of this rule).

(m) Allow the caretaker of a child in the provider’s care to have immediate access to the child at all times.

(n) Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form, or a non-medical or medical Exemption form, on file for each child in care.

(o) Take reasonable steps to protect a child in the provider’s care from the spread of infectious diseases.

(p) Ensure that the home or facility where care is provided meets all of the following standards, except certified Outdoor Nature Based programs are not subject to the standards in section (8)(p) (A), (C), (J) and (K) below:

(A) Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

(B) The home or facility has water that is safe for drinking and preparing food (see section (15) of this rule).

(D) Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

(E) Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

(F) The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

(G) The home or facility has a telephone in operating condition.

(H) No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

(I) No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (12) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

(J) Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

(K) Is not a structure –

(i) Designed to be transportable; and

(ii) Not attached to the ground, another structure, or to any utilities system on the same premises.

(q) Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

(r) Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

(s) Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

(t) Place infants to sleep on their backs.

(u) Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

(v) Develop and communicate expulsion and suspension policies to parents and caretakers.

(w) Provide care at a location within the state of Oregon.

(x) Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

(9) Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training prior to Department approval.

(10) Legally exempt providers must complete the two part orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if the provider begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

(11) Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

(12) For purposes of these rules:

(a) "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

(b) "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

(c) "Legally exempt" means the child care provider is exempt from licensing with the CCLD because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-305-0000 to 414-300-1620.

(d) "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

(13) Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section:

(a) Before approval by the Department:

(A) Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

(B) Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based or classroom training.

(b) After approval by the Department:

(A) Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

(i) Two of the six hours must fall under the "Human Growth and Development" category; and

(ii) Two of the six hours must cover "Understanding & Guiding Behavior".

(B) Complete a Health and Safety training offered by OCCD annually.

(i) Providers approved on or after October 1, 2022 must complete the training within 90 days of ODHS approval.

(ii) Providers approved before October 1, 2022 must complete the training by December 31, 2022 to remain approved.

(14) Child care centers or programs that are legally exempt from certification or registration with CCLD, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, must comply with the following minimum staff to children in care ratios:

(a) Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

(b) 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

(c) 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

(d) Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

(e) In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

(15) As used in this section, “drinking water faucet or fixture” means any plumbing fixture on the premises used to obtain water for drinking, cooking, preparing infant formula or preparing food. This section only applies to a provider who is legally exempt and not a legally exempt relative. This section applies to legally exempt providers approved to receive Department subsidy payments and who submit a completed Child Care Provider Listing form for Department-approval. This section does not apply to care provided in the child’s home when the legally exempt provider lives somewhere else.

(a) In locations where care is provided, lead testing is required for each drinking water faucet or fixture.

(b) Providers must test each drinking water faucet or fixture at least once every six years from the date of the last test. Providers who have had a drinking water faucets or fixture tested within six years prior to the effective date of this rule will need to submit the results to CCLD.

(c) If a home or facility does not use any of the on-site plumbing fixtures to obtain water for drinking, cooking, preparing infant formula, or preparing food, the provider must:

(A) Submit a written statement to the Department or CCLD identifying the alternative source of water and confirming that the provider does not use any on-site plumbing fixtures for drinking, cooking, preparing infant formula, or preparing food; and

(B) Notify the Department or CCLD in writing if the alternative source of water changes.

(d) All sample collection and testing must be in accordance with the Environmental Protection Agency (EPA)’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by this reference.

(A) If test results show water from any drinking water faucet or fixture has 15 parts per billion (ppb) or more of lead, the provider must:

(i) Prevent access to that drinking water faucet or fixture immediately after receiving the test results; and

(ii) Continue to prevent access to that drinking water faucet or fixture until mitigation is completed in accordance with paragraph (B) of this subsection.

(B) Following receipt of test results showing that water from any drinking water faucet or fixture has 15 parts per billion (ppb) or more of lead, the provider must comply with all of the following sub-paragraphs:

(i) Submit a corrective action plan to the Department or CCLD for approval within 60 days of receiving the test results. The corrective action plan must identify an appropriate mitigation strategy in accordance with Module 6 of the EPA’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by this reference.

(ii) Implement the mitigation method within 30 days of approval by CCLD.

(C) A provider who fails to submit a corrective action or a mitigation method is no longer eligible to receive child care subsidy payments.

(e) The provider must keep a copy of the most recent test results on-site at all times.

(f) Providers must follow the routine practices identified in Module 6 of the EPA’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018.

(16) A child care provider approved to receive payment may become retroactively ineligible for payment starting on the date the provider violates a requirement under this rule, regardless of the date of the finding.

(17) The Oregon Department of Human Services Background Check Unit (BCU) shall retain their authority to determine eligibility for any child care providers whose applications, including incomplete applications, were submitted before September 1, 2022.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 5-2026, minor correction filed 04/09/2026, effective 04/09/2026
DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026
DELC 12-2025, minor correction filed 12/23/2025, effective 12/23/2025
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 10-2024, minor correction filed 02/05/2024, effective 02/05/2024
DELC 2-2024, minor correction filed 01/17/2024, effective 01/17/2024
DELC 70-2023, minor correction filed 11/22/2023, effective 11/22/2023
DELC 13-2023, minor correction filed 10/06/2023, effective 10/06/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0081 Disqualifying Child Protective Service History for Providers

(1) This rule explains the grounds upon which the Department denies the request by a child care provider to receive child care payments from a self-sufficiency program of the Department based on the records of a subject individual. For the purposes of this rule, the provider and any individual identified under OAR 414-175-0080(4) is considered a subject individual under OAR 125-007-0210 and 407-007-0210(8)(a)(J).

(2) The Department may find a child care provider ineligible for payment when the Child Protective Service (CPS) history of a subject individual, based on prior conduct, indicates that a subject individual is likely to engage in conduct that would jeopardize the safety of or have a detrimental effect on a child while in the care of the provider.

(3) To make its determination, the Department may use any available information including the CPS records of the Department, an investigation of a complaint, or information provided by another agency. A single incident may be sufficient history for denial of eligibility.

(4) If the Department obtains information of a potentially disqualifying nature with respect to a subject individual, as described in OAR 414-175-0080(4), the Department may request additional information to determine the provider’s ability to provide care and must conduct a weighing test under OAR 125-007-0260, 407-007-0300, and 407-007-0320. Any additional information obtained must be reviewed by the Criminal Records Unit (CRU) for determination of eligibility.

(5) Failure to respond to a request for information results in a finding of “failed.” The provider or subject individual must disclose fully all requested information as part of the records check.

(6) The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying history of behavior if the Department determines, based on a fitness determination made under OAR 125-007-0260 and 407-007-0320, that repeated behavior is unlikely and that the presence of the individual likely would not jeopardize the safety of a child in the provider’s care based on:

(a) The content and source of the reports, the time elapsed since the reports, and the number of reports and referrals;

(b) The individual’s participation in rehabilitation, training, or counseling;

(d) Any other relevant eligibility requirements or supplemental information under OAR 407-007-0300 or 414-175-0080.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0082 Disqualifying Criminal History of Provider

(1)This rule explains the grounds upon which the Department denies a request by a child care provider to receive child care payments from a self-sufficiency program of the Department based on the records of a subject individual. For the purposes of this rule, the provider and any individual identified under OAR 414-175-0080(4) is considered a subject individual under OAR 125-007-0210 and 407-007-0210(8)(a)(J).

(2) The Department may find a child care provider ineligible for payment when the criminal history of a subject individual indicates behavior that may jeopardize the safety of a child or have a detrimental effect on a child while in the care of the provider, in the following circumstances, the subject individual has:

(a) Been charged with or arrested for a drug-related, sexual, or violent crime listed in OAR 407-007-0270(1). There is a rebuttable presumption that such a subject individual is likely to engage in conduct that would pose a significant risk to a client, the Department, or a vulnerable individual.

(b) Been convicted of two or more crimes listed in OAR 125-0070270 at any time.

(c) Been found in violation of probation for a crime listed in OAR 125-007-0270, at any time that relates to the person’s qualification or duties as a child care provider.

(d) Been charged with two or more crimes listed in OAR 125-007-0270 within the past five years.

(e) Three or more arrests, at any time, for crimes listed in OAR 125-007-0270.

(3) The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying criminal or abuse history, defined by OAR 125-007-0270 and 407-007-0290, only if the Department has determined, based on a weighing test as described in OAR 125-007-0260, 407-007-0300, and 407-007-0320 and consideration of the information listed in OAR 407-007-0280, 407-007-0290, and this rule, that repeated criminal behavior is unlikely and that the provider does not present a danger to a child in the provider’s care.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0085 Direct Provider Payments

(1) The Department makes payments on behalf of eligible individuals to the providers they select to care for their children. The payments are made directly to the provider unless the provider designates the payments to go directly to the owner of a Certified Family facility. To be eligible for payment, a provider must:

(a) Before August 1, 2026, charge individuals receiving ERDC benefits at a rate no higher than the rate charged other customers;

(b) Provide the Department with their social security number (SSN) or IRS identification number; and

(2) Payments for ERDC benefits are subject to each of the following limitations:

(a) Effective August 1, 2026 payment is made for the amount charged to the individual but may not exceed the rate authorized in OAR 414-175-0075.

(b) No payment will be authorized unless the individual has designated a primary provider.

(d) Except as provided otherwise in subsection (e) of this section, a payment is made only for child care provided on or after the date the designated provider has met the requirements to be listed and paid through the Department.

(e) A designated child care provider who the Department approves to be listed and paid through the Department may receive payment for child care provided prior to obtaining Department approval if the provider met the other Department requirements and was licensed under OAR 414-205-0000 to 414-205-0170, 414-350-0000 to 414-350-0405, 414-305-0100 to 414-305-1620, or 414-310-0100 to 414-310-0720.

(f) A caretaker signature is not required on child care billing.

(g) ERDC payment may be made in advance for hours the child enrolled in care for the month. Payment will end if:

(A) the child’s connection to a provider in Oregon ELMS is ends prior to the billing being issued; or

(B) the child has been absent for one full calendar month.

(h) When a provider or owner of a child care site is ineligible to receive payment due to a suspension or IPV:

(A) The Department does not pay any other child care provider for child care at the ineligible individual’s site.

(B) The Department does not pay for care at another site if the ineligible individual is involved in the child care operation unless the Department determines that the reasons the individual is ineligible are not relevant to the new site.

(3) Child care providers must submit claims through the appropriate method. This is either the form designated by the Department or submission through ELMS.

(4) No payment will be made for a paper claim not received by the Department by the last day of the third month after the form was issued unless the Department determines the provider has good cause for not returning the form timely.

(5) Child care billings cannot be issued or reissued more than 12 months from the month that care was provided.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 8-2026, amend filed 05/28/2026, effective 06/01/2026
DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 134-2024, amend filed 06/26/2024, effective 07/01/2024
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0090 Restored and Supplemental Benefits

(1) Supplemental and restorative benefits are calculated and paid as follows:

(a) The effective date of the lost benefits is determined.

(b) The benefit group is not eligible for restored benefits in any month that eligibility for the benefits cannot be established. The benefit group has an opportunity to prove eligibility for any months in question.

(d) The amount the benefit group actually received is subtracted from the amount they should have received.

(e) The group with the largest number of people who were in the benefit group at the time the loss occurred is entitled to the restored benefit. If the location of that group is unknown, the benefit is restored to the benefit group containing the primary person at the time the loss occurred.

(2) An individual is entitled to a supplemental payment of benefits for the current month or restoration of benefits lost in a previous month if the individual received a lower benefit than the individual was entitled to for the reasons given in this rule. An individual may receive a restoration of lost benefits even if no longer eligible.

(3) An individual may receive a supplemental benefit if there was a change in the individual’s circumstances that would cause an increase in benefits, if the report of change was made before the first day of the benefit month but too late for the Department to adjust the next month's benefits.

(4) An individual may receive a supplemental or restorative benefit if the Department caused an administrative underpayment. An administrative underpayment includes, but is not limited to, an underpayment caused by any of the following:

(a) Failure to take action on information reported to the Department.

(b) Use of an incorrect effective date.

(d) Failure to send the individual a required decision notice when benefits are closed or reduced.

(e) Making a calculation error.

(5) An individual is entitled to a restoration of lost benefits if:

(a) The restoration results from a final order in a contested case.

(b) The restoration results from a court order.

(6) An individual who moves from Oregon remains eligible for a restoration of benefits.

(7) Restoration of benefits is limited to the extent provided for in OAR 414-175-0070.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0091 Replacement Checks

(1) Replacement checks are issued in compliance with ORS 293.475 and this rule.

(2) A replacement check is issued if the original check remains outstanding and the payee claims any of the following:

(a) The original check was not received. Five postal service working days must pass from the date the original check was issued before a replacement is issued.

(b) The original check was received but lost, stolen or destroyed without being endorsed. A replacement check is issued without a waiting period.

(c) The original check was endorsed but not cashed before it was lost, stolen or destroyed. A replacement check is issued if:

(A) The check was destroyed and remnants of the check are provided to the Department; or

(B) The check was endorsed “for deposit only” before it was lost, stolen or destroyed.

(3) A check may be issued to replace a check that has been processed by the State Treasurer for payment only after the individual has provided the Direct Pay Unit of the Department or the Oregon Department of Human Services with the information and documents needed to conduct an investigation into the loss.

(4) A replacement check is not issued if a check has been deposited directly to an account specified.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0092 Legal Status of Benefits Payments

(1) The Department considers a benefit or payment issued if the check has been handed to the recipient, or mailed to the recipient. The Department considers a benefit or payment issued, and received by the individual, when a direct check deposit is made to the recipient’s bank account.

(2) Benefits or payment, once issued, are unrestricted and do not require accountability for individual expenditures or amounts, unless limited elsewhere in rule.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0095 Hearings

(1) Definitions. For the purposes of this rule, the following definitions apply unless the context clearly indicates otherwise:

(a) “Claimant" means a person who has requested a hearing or who is scheduled for an Intentional Program Violation (IPV) hearing.

(b) “Department” means the Department of Early Learning and Care. References in this rule to Department include the Oregon Department of Human Services performing functions delegated to it by the Department pursuant to ORS 327.274.

(c) ”Department representative" means a person authorized by section (4) of this rule to represent the Department in the hearing, including the Oregon Department of Human Services performing functions delegated to it by the Department pursuant to ORS 327.274.

(d) "Good cause" means a circumstance beyond the control of the claimant and claimant's representative.

(e) “Oregon Department of Human Services” or “ODHS” means the Oregon Department of Human Services performing functions delegated to it by the Department pursuant to ORS 327.274.

(f) “Request for hearing" is a clear written expression by an individual or representative that the person wishes to appeal a Department decision or action.

(2) Hearings Requests

(a) A claimant has the right to a contested case hearing in the following situations upon the timely completion of a request for hearing:

(A) The Department has not approved or denied a request or application within 45 days of the application.

(B) The Department acts to deny, reduce, or close ERDC benefits.

(C) The Department has sent a decision notice that the claimant is liable for an overpayment (see OAR 414-175-0098 and 461-195-0501).

(D) The claimant asks for a hearing to determine if the waiver of an Intentional Program Violation hearing was signed under duress.

(E) The right to a hearing is otherwise provided by statute or rule.

(b) A request for hearing is complete for a caretaker when: An Administrative Hearing Request form (form DHS 443) is:

(A) Completed;

(B) Signed by the claimant, the claimant's attorney, or the claimant's authorized representative; and

(C) Received by the Oregon Department of Human Services. OAR 137-003-0528(1)(a) (which allows hearing requests to be treated as timely based on the date of the postmark) does not apply to hearing requests contesting a decision notice. The Department has adopted the exception to the Attorney General's model rules set out in this paragraph due to operational conflicts.

(c) In the case of a provider of child care challenging an overpayment or intentional program violation, when a written request for hearing from the provider is received by the Oregon Department of Human Services.

(d) In the event a request for hearing is not timely, the Oregon Department of Human Services may issue an order of dismissal if there is no factual dispute about whether subsections (2)(g) and (i) of this section provide a right to a hearing. The Oregon Department of Human Services may refer an untimely request to the Office of Administrative Hearings for a hearing on the question of timeliness.

(e) In the event the claimant has no right to a contested case hearing on an issue, the Oregon Department of Human Services may enter an order accordingly, subject to appeal pursuant to ORS 183.484, or may refer the hearing request to the Office of Administrative Hearings for a hearing on the question of whether the claimant has the right to a contested case hearing.

(f) To be timely, a completed hearing request with respect to eligibility for ERDC benefits, an IPV, or an overpayment, must be received by the Oregon Department of Human Services not later than the 45th day following the date of the decision notice. In a case described in subsection (2)(a)(D) of this rule, the request must be made within 90 days of the date the waiver was signed.

(g) When the Oregon Department of Human Services receives a completed hearing request that is not filed within the timeframe required by subsection (2)(f) of this section but is filed no later than 120 days after a decision notice became a final order:

(A) The Oregon Department of Human Services refers the hearing request to the Office of Administrative Hearings for a contested case hearing on the merits of the Department's action described in the notice:

(i) If the Oregon Department of Human Services finds that the claimant and claimant's representative did not receive the decision notice and did not have actual knowledge of the notice; or

(ii) If the Oregon Department of Human Services finds that the claimant did not meet the timeframe required by subsection (2)(f) of this section due to excusable mistake, surprise, excusable neglect (which may include neglect due to significant cognitive or health issues), good cause, reasonable reliance on the statement of a Department or Oregon Department of Human Services employee relating to procedural requirements, or due to fraud, misrepresentation, or other misconduct of the Department or Oregon Department of Human Services.

(B) The Oregon Department of Human Services refers the request for a hearing to the Office of Administrative Hearings for a contested case proceeding to determine whether the claimant is entitled to a hearing on the merits if there is a dispute between the claimant and the Oregon Department of Human Services about either of the following paragraphs.

(i) The claimant or claimant's representative received the decision notice or had actual knowledge of the decision notice. At the hearing, the Oregon Department of Human Services or Department must show that the claimant or claimant's representative had actual knowledge of the notice or that the Oregon Department of Human Services or Department mailed or electronically mailed the notice to the correct address of the claimant or claimant's representative, as provided to the Oregon Department of Human Services.

(ii) The claimant qualifies for a contested case hearing on the merits under paragraph (2)(g)(A)(ii) of this section.

(C) The Oregon Department of Human Services may only dismiss such a request for hearing as untimely without a referral to the Office of Administrative Hearings if the following requirements are met:

(i) The undisputed facts show that the claimant does not qualify for a hearing under this section; and

(ii) The decision notice was served personally or by registered or certified mail.

(h) The time periods provided by this rule are computed in part pursuant to OAR 414-175-0050.

(i) If the Oregon Department of Human Services receives a hearing request more than 120 days after an overpayment notice became a final order by default:

(A) The Oregon Department of Human Services verifies whether its records indicate that the liable adult requesting the hearing was sent the overpayment notice.

(B) If no overpayment notice was sent to that liable adult, the overpayment hearing request is timely. The Oregon Department of Human Services will send the claimant a decision notice or a contested case notice.

(C) If the Oregon Department of Human Services determines that an overpayment notice was sent to the liable adult, there is no hearing right based on the issue of whether or not the overpayment notice was received.

(D) Any hearing request is treated as timely when required under the Servicemembers Civil Relief Act.

(E) The Oregon Department of Human Services may dismiss a request for hearing as untimely if the claimant or liable adult does not qualify for a hearing under this section.

(j) If the Oregon Department of Human Services receives a hearing request more than 120 days after a decision notice (other than an overpayment notice) became a final order by default:

(A) Any hearing request is treated as timely when required under the Servicemembers Civil Relief Act.

(B) The Oregon Department of Human Services may dismiss a request for hearing as untimely if the claimant or liable adult does not qualify for a hearing under subsection (2)(i) above.

(3) Contested Case Hearings

(a) This rule applies to contested case hearings of the Department authorized by section (2)(a) of this rule. The hearings are conducted in accordance with the Attorney General's model rules at 137-003-0501 and following, except to the extent that Department rules are permitted to and provide for different procedures.

(A) The method described in OAR 137-003-0520(11) is used in computing any period of time prescribed in this division of rules.

(B) In any contested case to which this division of rules applies:

(i) When a party or claimant is not represented by an attorney:

(I) Upon request of the party or claimant, the Department or Oregon Department of Human Services provides work contact information — telephone number and address — for any Department or Oregon Department of Human Services employees expected to testify at the hearing as witnesses, except rebuttal witnesses.

(II) Except as provided in subparagraph (a)(B)(i) of this paragraph, the Department or the Oregon Department of Human Services and any party or claimant in the contested case are not required to provide the telephone numbers and addresses of witnesses prior to the hearing.

(ii) The Oregon Department of Human Services does not provide the telephone number and addresses of a witness if the Oregon Department of Human Services has concerns that the release of the information may affect the safety of the witness.

(b) When a Department or Oregon Department of Human Services employee represents the Department in a contested case to which this division of rules applies, requests for admission and written interrogatories are not permitted.

(c) The Oregon Department of Human Services' contested case hearings governed by this division of rules are not open to the public and are closed to nonparticipants, except nonparticipants may attend subject to the parties' consent and applicable confidentiality laws.

(d) The Department has adopted the exceptions to the Attorney General's model rules set out in subsection (3)(b) and section (2) due to its caseload volume and because these discovery procedures would unduly complicate or interfere with the hearing process.

(4) Lay Representation in Contested Case Hearings

(a) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department, and an officer or employee of the Oregon Department of Human Services is authorized to appear on behalf of the Oregon Department of Human Services performing functions delegated to it by the Department pursuant to ORS 329A.500, for hearings related to:

(A) the Employment Related Day Care, including child care provider overpayments and intentional program violations.

(B) Client overpayments and intentional program violations, related to public assistance, including ERDC child care assistance.

(b) The State's representative may not make legal argument on behalf of the Department.

(A) "Legal argument" includes arguments on:

(i) The jurisdiction of the Department to hear the contested case;

(ii) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department; and

(iii) The application of court precedent to the facts of the particular contested case proceeding.

(B) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses, or presentation of factual arguments or arguments on:

(i) The application of the statutes or rules to the facts in the contested case;

(ii) Comparison of prior actions of the Department in handling similar situations;

(iii) The literal meaning of the statutes or rules directly applicable to the issues in the contested case;

(iv) The admissibility of evidence; and

(v) The correctness of procedures being followed in the contested case hearing.

(c) When an officer or employee appears on behalf of the Department or Oregon Department of Human Services performing functions delegated to it by the Department, the administrative law judge shall advise the State's representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection.

(d) If the administrative law judge determines that statements or objections made by the Department representative appearing under section (4)(a) of this rule involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the Department representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.

(e) The Department is subject to the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available on its website at http://www.doj.state.or.us. A Department representative appearing under section (4)(a) of this rule must read and be familiar with it.

(5) Continuation of Benefits

(a) This section explains who may receive continuing benefits until a final order is issued in a contested case.

(b) Except as provided otherwise in this rule, a caretaker who is entitled to a continuing benefit decision notice under a rule in OAR 414-175-0055, at the option of the caretaker, receive continuing benefits, in the same manner and same amount, until a final order resolves the contested case. To be entitled to continuing benefits, the client must complete a hearing request not later than the later of:

(A) The tenth day following the date of the notice; and

(B) The effective date of the action proposed in the notice.

(c) The continuing benefits are subject to modification based on additional changes affecting the client's eligibility or level of benefits.

(d) In determining timeliness under section (5)(b) of this rule, delay caused by circumstances beyond the control of the claimant is not counted.

(e) If benefits are reduced or closed to reflect a mass change, continuing benefits are not available.

(6) Intentional Program Violation (IPV) Hearings

(a) Notwithstanding the other rules in this division of rules and the rules at OAR 137-003-0501 and following, this rule governs intentional program violation hearings for the ERDC program.

(b) An individual accused of an Intentional Program Violation may waive the right to an IPV hearing by signing a waiver on a form prescribed by the Oregon Department of Human Services. There is no further administrative appeal after the individual signs the waiver unless the individual asserts that the signature on the waiver was obtained by fraud or under duress and, within 90 days from the date the waiver was signed, requests a hearing to prove this. The individual has the burden of proving fraud or duress. If an Administrative Law Judge determines that the signature on the waiver was obtained by fraud or under duress, the waiver may be nullified and the Department may thereafter initiate an Intentional Program Violation hearing.

(c) If an IPV is not established by waiver or in court, the Oregon Department of Human Services may initiate the IPV hearing. The individual is entitled to an Advanced Notice of Intentional Program Violation Hearing at least 30 days in advance of the scheduled hearing. The notice includes the specific charge(s) alleged by the Oregon Department of Human Services.

(d) Within 90 days of the date the individual is notified in writing of the disqualification hearing, the Office of Administrative Hearings will conduct the hearing and serve a final order on the individual.

(e) The individual is entitled to a postponement of the scheduled hearing, if the request for postponement is made at least 10 days before the date of the scheduled hearing. The hearing will not be postponed for more than a total of 30 days, and the Office of Administrative Hearings may limit the postponements to one.

(f) When the individual fails to appear for the scheduled IPV hearing, the hearing may be conducted without the individual if:

(A) The individual refused the notice of hearing;

(B) The individual refused to claim the notice of hearing;

(D) The notice of hearing was sent to the address last reported by the individual to the Oregon Department of Human Services and was returned as undeliverable.

(g) An individual who received notice of the scheduled IPV hearing has 10 days from the date of the scheduled hearing to present reasons indicating a "good cause" for failure to appear. An individual who did not receive notice of the scheduled IPV hearing must present reasons indicating "good cause" for failure to appear as part of a petition for reconsideration or rehearing of the final order within 30 days of the date of the final order.

(A) For purposes of this section, "good cause" means the individual was unable to attend the hearing and unable to request a postponement for reasons beyond his or her control.

(B) "Good cause" will be determined on the record by the Office of Administrative Hearings. If the individual shows "good cause", the Office of Administrative Hearings will schedule another IPV hearing for the individual.

(h) The officer or employee of the Oregon Department of Human services will request that the Administrative Law Judge advise the individual that the individual may refuse to answer questions during the hearing.

(i) The standard for proving that an individual has committed an Intentional Program Violation is clear and convincing evidence.

(j) There is no administrative appeal of a final order, except as provided in section (g) of section (6). A final order may be appealed to the Court of Appeals as provided in ORS 183.482.

(7) Informal Conference

(a) The State representative and the claimant may have an informal conference to discuss any of the matters listed in OAR 137-003-0575(4). The informal conference may also be used to:

(A) Provide an opportunity to settle the matter;

(B) Ensure the claimant understands the reason for the action that is the subject of the hearing request;

(D) Inform the claimant of the rules that serve as the basis for the contested action;

(E) Give the claimant and the Department representative the chance to correct any misunderstanding of the facts;

(F) Determine if the claimant wishes to have any witness subpoenas issued; and

(G) Give the Oregon Department of Human Services an opportunity to review its action.

(b) The claimant may, at any time prior to the hearing date, request an additional conference with the Department representative.

(d) Notwithstanding any rule in this chapter of rules, prehearing conferences are governed by OAR 137-003-0575.

(8) Burden of Proof. Except in an IPV case, the claimant has the burden of proof.

(9) Withdrawals of Hearing Requests

(a) A claimant may withdraw a request for hearing at any time before a final order has been issued on the contested case orally or in writing.

(b) The Oregon Department of Human Services will send an order confirming the withdrawal of a hearing request to the claimant's last known address. The claimant may cancel the withdrawal in writing if received by the Department hearing representative up to the tenth work day following the date such an order is served.

(10) Dismissal for Failure to Appear. Except in an IPV case, a hearing request is dismissed by order when neither the party nor the party’s representative appears at the time and place specified for the hearing. The order is effective on the date scheduled for the hearing. The Oregon Department of Human Services will cancel the dismissal order on request of the party on a showing that the party was unable to attend the hearing and unable to request a postponement for reasons beyond his or her control.

(11) Proposed and Final Orders

(a) When the Oregon Department of Human Services refers a contested case under this division of rules to the Office of Administrative Hearings (OAH), the Oregon Department of Human Services indicates on the referral:

(A) Whether the Oregon Department of Human Services is authorizing a proposed order, a proposed and final order (OAR 137-003-0645(4)), or a final order.

(B) If the Oregon Department of Human Services is establishing an earlier deadline for written exceptions and argument because the contested case is being referred for an expedited hearing.

(b) When the Oregon Department of Human Services authorizes either a proposed order or a proposed and final order:

(A) The claimant or party may file written exceptions and written argument to be considered by the Oregon Department of Human Services. The exceptions and argument must be received at the location indicated in the Office of Administrative Hearings order not later than the 20th day after service of the proposed order or proposed and final order, unless subsection (1)(b) of this rule applies.

(B) Proposed Orders. After Office of Administrative Hearings issues a proposed order, the Oregon Department of Human Services issues the final order, unless the Oregon Department of Human Services requests that Office of Administrative Hearings issue the final order under OAR 137-003-0655.

(C) Proposed and Final Orders. If the claimant or party does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the 21st day after service of the proposed and final order unless the Oregon Department of Human Services has issued a revised order or has notified the claimant or party and Office of Administrative Hearings that the Department will issue the final order. When the Oregon Department of Human Services receives timely exceptions or argument, the Oregon Department of Human Services issues the final order, unless the Oregon Department of Human Services requests that Office of Administrative Hearings issue the final order under OAR 137-003-0655.

(c) If in a contested case hearing the Office of Administrative Hearings is authorized to issue a final order on behalf of the Oregon Department of Human Services, the Oregon Department of Human Services may issue the final order in the case of default.

(d) A petition by a claimant or party for reconsideration or rehearing must be filed with the individual who signed the final order, unless stated otherwise on the final order.

(12) Final Order; Timeliness and Effective Date. A Final Order will be issued or the case otherwise resolved not later than 90 days following the request for hearing, except for IPV cases which will be issued within 90 days of the date the claimant was notified in writing that a hearing had been scheduled.

(b) Delay due to a postponement or continuance granted at claimant's request shall not be counted in computing the time limits specified in section (12)(a) of this rule.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 46-2023, minor correction filed 10/31/2023, effective 10/31/2023
DELC 42-2023, minor correction filed 10/31/2023, effective 10/31/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0096 Provider Hearings

(1) A child care provider has a right to a contested case hearing only to contest a fitness determination that results in a denial of eligibility for payment, dispute an allegation of an overpayment of child care, or dispute a finding of “suspended.” Hearings to contest a fitness determination that results in a denial are governed by OAR 407-007-0330. Other hearings under this section are governed by OAR 414-175-0095.

(2) In the case of an alleged overpayment, the child care provider may delay repayment on an overpayment until a final order is served by completing a request for hearing not later than the 45th day following the date of the overpayment notice.

(3) A child care provider whose application for listing is denied and who fails to request a hearing within the 45-day hearing request period is not eligible to reapply for listing until 180 days following the date of the denial notice.

(4) If a child care provider requests a hearing to contest a fitness determination resulting in a denial of eligibility for payment, the child care provider remains ineligible for payment pending the hearing unless the decision to deny eligibility was based on a mistake in identifying the person with the CH or CPS record.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0097 Rights and Responsibilities

(1) Individuals regulated by Division 175 of Chapter 414 have the following rights and the right to be informed of them:

(a) The right to information about the ERDC program administered by the Department.

(b) The right to confidentiality for individually identifiable information to the extent provided under federal and state law, including the administrative rules of the Department.

(d) The right to request a hearing to the extent provided in OAR 414-175-0095 or OAR 414-175-0096.

(e) The right to request and receive an application to apply for the ERDC program in paper or electronic format.

(f) The right to have a decision on eligibility made within the timelines set forth in OAR 414-175-0005.

(g) The right to apply for and receive benefits and services from the Department and its contractors, grantees, agents, and providers of services who receive payments from the Department without discrimination on the basis of race, color, national origin, religion, gender, sexual orientation, disability, or political beliefs.

(h) The right to courteous, fair, and dignified treatment by Department personnel, including personnel carrying out functions on behalf of the Department, and to file a complaint with the Department about such personnel conduct or customer service to the extent provided in OAR 407-005-0100 to 407-005-0120.

(i) The right to file a complaint with the Department about discrimination or unfair treatment as provided in Procedure DHS-010-005-01, "Filing a Individual Complaint or Report of Discrimination" or OAR 407-005-0030.

(2) To be eligible for benefits, individuals must do all of the following:

(a) Provide true, complete, and accurate information required to determine eligibility and verify that information, to the extent permitted by their physical and mental condition, or authorize the branch office to obtain verification.

(b) Comply with the eligibility requirements of the program for which they are requesting or receiving benefits.

(d) Accept social services that are court-ordered or related to a case plan.

(e) Cooperate with case reviews by providing requested information and verification.

(f) Complete the application process or inform the branch office of their decision to withdraw the application for program benefits.

(g) Share these responsibilities with a spouse who resides in the same household.

(3) Release of Information to the Individual

(a) The Department must make the information in a case record of an individual available to the following people within the limits described in this rule:

(A) Anyone in the filing group.

(B) Anyone authorized by the primary person or by a person in the filing group.

(b) The primary person and filing group members may have access only to an individual’s information that is related to the time during which they had that position in the case. The person can appoint an authorized representative whose access to an individual’s information covers only that same period.

(c) The "minimum necessary" standard as described in OAR 410-014-0040 is extended to limit the sharing of individually identifying information by the Department about one member of a filing group with either another member of the filing group or anyone authorized by another member of the filing group.

(d) Except for HIV information, case record information may be requested by the individual and released to the individual by telephone. The individual must satisfy the Oregon Department of Human Services branch office as to the individual's identity.

(e) Except as provided in this section (3) and in OAR 410-014-0030(6), information obtained from a third party that is part of the case record of the individual is available to the individual.

(f) The Department may withhold from an individual information obtained from a confidential informant, including the identity of the informant, if all of the following are true:

(A) The information was submitted to the Oregon Department of Human Services in confidence.

(B) The information was not required by law to be submitted.

(D) The Oregon Department of Human Services has obliged itself not to disclose the information.

(E) The Oregon Department of Human Services is not using the withheld information in a contested case hearing in which the individual is a party.

(F) The public interest would suffer if the information were disclosed.

(g) Subject to OAR 407-003-0010:

(A) A individual, an authorized representative, or a personal representative (as defined at 410-014-0000(32), including an attorney who represents the individual on a matter before the Oregon Department of Human Services) may request a copy of information from the individual file at no cost once every 12 months. If the individual, authorized representative, or personal representative requests another copy of the same information already provided more frequently than once every 12 months, the Oregon Department of Human Services branch office may impose a reasonable, cost-based fee.

(B) If an authorized third party who is not an authorized representative or personal representative requests an individual’s records, fees may be assessed for accessing stored records, extracting filed matter, duplication of records, or other costs necessary to releasing requested information.

(C) A branch office may establish additional, reasonable fees to cover extraordinary costs of duplicating records, making extensive searches, or preparing written summaries of records.

(D) At the option of the Oregon Department of Human Services branch office, fee assessment may be waived.

(h) An individual designated by the manager must be present while the individual or the authorized third party has access to the case record. No one except an Oregon Department of Human Services employee is allowed to remove any material from the case record. Subject to payment of any cost-based fee assessed by an Oregon Department of Human Services branch office, consistent with OAR 407-003-0010 and this section (3), the branch office will provide the individual examining the case record a copy of any portion of the case record that the individual is entitled to examine.

(4) Except for health, treatment, and domestic violence information, a verbal authorization from the individual is permitted to allow verbal release of case record information specified by the individual to third parties. Any such verbal authorization to release information to a third party is valid for a period of 30 days from the date the authorization is given verbally, unless a shorter time period is given.

(5) Release of Information to Law Enforcement Officers

(a) The Department may provide an individual’s information to a law enforcement officer in any of the following situations:

(A) The law enforcement officer is involved in carrying out public assistance or medical assistance laws, or any investigation, criminal or civil proceedings connected with administering the ERDC program.

(B) A Department employee, including non-Department employees performing functions delegated by the Department, may disclose information from personal knowledge that does not come from the individual’s interaction with ODHS or the Department.

(b) Except as provided in subsection (c) of this rule, the Department, including Department employees and non-Department employees performing functions delegated by the Department, may give an individual’s current address, Social Security number, and photo to a law enforcement officer if the law enforcement officer makes the request in the course of official duty, supplies the individual’s name, and states that the individual:

(A) Is a fugitive felon or is violating parole or probation; or

(B) Has information that is necessary for the officer to conduct official duties of the officer, and the location or apprehension of the individual is within the officer’s official duties.

(c) If domestic violence has been identified in the household, subsection (b) of this rule does not authorize the release of information about a victim of domestic violence unless a member of the household is either wanted as a fugitive felon or is violating probation or parole.

(d) For purposes of this section, a fugitive felon is a person fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony

(e) For purposes of this section, a law enforcement officer is an employee of the Oregon State Police, a county sheriff’s department, or a municipal police department, whose job duties include arrest authority.

(6) In the absence of a specific and current individual’s authorization that covers the applicable information and identifies the recipient, the release of an individual’s information to Service Providers and Legal Bodies is allowable as follows:

(a) The Department employees, including non-Department employees performing functions delegated by the Department, may release to service providers information necessary for accurate billing of services provided to individuals.

(b) The following individual information may be released to the individual's child care providers:

(A) The program for which the individual is eligible.

(B) The amount of the Department child care payment.

(D) Reasons for a delay in payment, but only information that is specific to the reason for the delay.

(c) The Department may not disclose any information identifying any individual by name or address to any committee, advisory board, legislative body, or individual member of such committee, board, or body.

(d) Except for social security numbers, health, treatment, and domestic violence information, the Department may disclose the minimum necessary information about an individual to a staff member in the office of a member of the Oregon state legislature or United States Congress who has been asked by the individual to review an action taken by the Department.

(e) Court-appointed special advocate (CASA) volunteers who have been appointed to a specific child are authorized to view information about the child. All other information must be removed from the case file.

(f) The Department may release an individual’s information in a judicial proceeding if at least one of the following is true:

(A) The proceedings are directly connected with administering the ERDC program.

(B) A judge orders the release of the information.

(g) When appearing before the court in a judicial proceeding where the proceeding is not directly connected with administering the ERDC program, a Department employee, including non-Department employees performing functions delegated by the Department, provides the presiding judge with copies of the state statutes relating to confidentiality of an individual’s records (such as ORS 411.117, 411.320, and 412.074). The employee requests the court's guidance about testifying under the statutes.

(7) Release of Information on Child Support and Paternity Cases. In the absence of a specific and current individual’s authorization that covers the applicable information and identifies the recipient, the Department may release to the Department of Justice, Division of Child Support, the names of the alleged father, the obligor, and the obligee, the amount of support ordered, and the amount of current and past due support owed at any given time from its electronic files.

(a) “Alleged father" means any male who has been named as a possible father of a child for whom paternity has not been established or has been contested.

(b) "Obligee" means a caretaker parent or custodian, spouse, former spouse or other dependent person for whose benefit a court or hearing officer has ordered payment of support.

(c) "Obligor" means any person who has been ordered by a court or hearing officer to make payments for the support of a child or a caretaker parent or custodian, spouse, former spouse or other dependent person.

(8) Disclosure of an Individual’s Information

(a) The Department may disclose the minimum necessary information without the individual’s authorization for purposes directly connected with:

(A) Administering the public assistance, medical assistance, and SNAP program laws, except for social security numbers, health, treatment, and domestic violence information.

(B) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with administering the ERDC program.

(C) Any legally authorized audit or review by a governmental entity conducted in connection with administering the ERDC program.

(b) An individual’s information, other than health or treatment information, may be exchanged with other governmental or private, non-profit agencies to only the extent necessary to assist applicants or recipients of public assistance, medical assistance, or SNAP benefits to access and receive other governmental or private, non-profit services that will benefit or serve the applicant or recipient. Reasonable efforts must be made to obtain applicant or recipient authorization in advance.

(c) An individual’s information may be disclosed without the individual's authorization for purposes directly connected with foster care and adoption assistance programs under Title IV-E of the Social Security Act.

(d) Notwithstanding any rule in this division, individual information-— other than health or treatment information — may be disclosed to an Oregon attorney who represents that the individual if both of the following requirements are met:

(A) The attorney states that he or she currently is representing the individual.

(B) The attorney states that the individual has authorized disclosure of the individual’s information to the attorney.

(9) Nondiscrimination in Determining Eligibility

(a) The Department will determine eligibility without discrimination on the basis of race, color, sex, national origin, disability, political beliefs, age, or religious creed.

(b) The following acts of discrimination on grounds of race, color, sex, political beliefs, age, religious creed or national origin are specifically prohibited:

(A) Denying an individual any service, financial aid, or other benefit provided under any program.

(B) Providing any service, financial aid, or other benefit to an individual that is different, or is provided in a different way, from that provided to others under the program, unless such action is necessary to provide individuals with disabilities with aids, benefits or services that are as effective as those provided to others.

(C) Subjecting an individual to segregation or separate treatment in any way related to receipt of any service, financial aid, or other program benefit.

(D) Restricting an individual in any way from any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under any program.

(E) Treating an individual differently from others in determining whether they satisfy any admission, enrollment, quota, eligibility, membership or other requirement or condition individuals must meet to be provided any service, financial aid, or other benefit provided under any program.

(F) Denying an individual an opportunity to participate in any program or afford them an opportunity to do so that is different from that afforded others under the program.

(G) Denying a person the opportunity to participate as a member of a planning or advisory body that is an integral part of the program.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
DELC 43-2023, minor correction filed 10/31/2023, effective 10/31/2023
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0098 Overpayments

(1) Overpayments are a benefit or service received by or on behalf of the individual, or a payment made by the Department on behalf of an individual that exceeds the amount for which the individual is eligible.

(2) All overpayments for the ERDC program will be established and recovered in accordance with division 195 of chapter 461 of the Oregon Administrative Rules by the Oregon Department of Human Services.

(3) Any individual or any child care provider that may be subject to the overpayment rules must cooperate fully with the Oregon Department of Human Services.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0099 Intentional Program Violations

(1) In the child care programs, a provider commits an intentional program violation (IPV) by intentionally making a false or misleading statement or misrepresenting, concealing, or withholding information related to their request to be eligible for a child care payment under OAR 414-175-0080 or a claim for a child care payment.

(2) An IPV is established by a state or federal court, by an administrative agency in a contested case, or by an individual signing the designated form acknowledging the IPV and waiving the right to an administrative hearing. If the IPV will be established in a contested case, the Department initiates the IPV hearing.

(3) Except as provided in section (4) of this rule, there is no administrative appeal after an individual waives the right to an IPV hearing and the penalty may not be changed by subsequent administrative action.

(4) An individual who waives the right to an IPV hearing may seek relief in court or request a contested case hearing on the sole issue of whether the waiver was signed under duress. If there is a determination that the waiver was signed under duress, the initial IPV penalty is void, and:

(a) If a court determines that a waiver was signed under duress, the court may determine whether an IPV occurred and the amount of the penalty.

(b) If an administrative law judge determines that a waiver was signed under duress, the state may initiate an IPV hearing to determine whether an IPV occurred and the amount of the penalty.

(5) An individual may be subject to disqualification for an intentional program violation (IPV) only if the individual was advised of the disqualification penalties prior to committing the IPV.

(6) If an IPV is established against an individual through a contested case hearing, a waiver of the right to hearing, or by a state or federal court, that individual is liable for repayment to the Department of the full amount of overpayment (see OAR 461-195-0501) the Department has established. The amount of restitution to the Department ordered by a court as part of a criminal proceeding does not lower the amount owed to the Department. Payments of restitution to the Department are credited against the amount owed. A client is not subject to an IPV disqualification but is still required to repay overpayment amounts.

(7) A child care provider who has incurred an overpayment established as an IPV claim is ineligible for payment:

(a) For six months and until the full amount of the overpayment is paid; or

(b) Permanently, if the Department finds that such ineligibility is in the public interest. The following is a non-exclusive list of reasons that support a determination of permanent ineligibility: safety concerns; or, the likelihood of future violations; or, the degree of egregiousness of any of the established IPVs; or, the degree of primary involvement in the violation by the provider.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0100 Quality Control Review

(1) Individuals are required to cooperate in the Department's or Oregon Department of Human Service’s quality control review process.

(2) An individual who refuses to cooperate is ineligible for the program in which the review takes place until the individual cooperates.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Or. Admin. R. 414-175-0105 Children in the Head Start Program

(1) Initial eligibility for the ERDC program must be met prior to receiving child care under a contract between a Head Start agency and the Department.

(2) The following subsections apply when a child in the ERDC program receives child care under a contract between a Head Start agency and the Department.

(a) The Head Start agency is considered the provider of child care.

(b) If the Head Start agency uses another provider for the child care, that provider must meet the requirements in OAR 414-175-0085 and following.

(c) The payment made by the Department on behalf of the child is made only to the Head Start agency. The child is ineligible for child care payments for care not provided under the contract between the Head Start agency and the Department.

(d) Once the Department makes a child care payment for the child under the contract, the child may not lose child care benefits until the next August 31, unless any of the following paragraphs apply:

(A) The caretaker was found ineligible because of inaccurate information provided to the Department or because information was withheld from the Department when eligibility was determined.

(B) The caretaker fails to meet the requirements of the locally-prepared agreement among the client and the Head Start program.

(D) The filing group no longer meets Oregon residency requirements under OAR 414-175-0020.

(e) For any month in which the child is eligible to be served under a contract covered by this rule, the copayment is $0.

History

Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023

Division 180 REGULATED SUBSIDY CHILD CARE FACILITIES

Or. Admin. R. 414-180-0005 Purpose

Oregon Administrative Rules (OAR) 414-180-0005 through 414-180-0090 are the Department's minimum health and safety requirements for license exempt child care providers who accept federal child care subsidy payments through the state. The purpose of these rules is to protect the health, safety, and well-being of children in care. These rules apply to child care providers who accept federal child care subsidies from the Department and are exempt from child care licensing as outlined in ORS 329A.250.

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.010
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500
DELC 71-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 2-2017, f. & cert. ef. 1-31-17
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0010 Definitions

The following definitions apply to Oregon Administrative Rules 414-180-0015 through 414-180-0100.

(1) "Caregiver" means any person, including the provider, who cares for the children in Regulated Subsidy child care and works directly with the children, providing care, supervision and guidance.

(2) "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.

(3) "Child Care Child" means a child under 13 years of age, or a child under 18 years of age with special needs. Children who turn age 13 or age 18 with special needs remain an eligible child care child based on age through their current certification period. The provider has supervisory responsibility for the child in the temporary absence of the parent.

(4) “Child Care Facility” means the location where child care is being conducted. This can be either a private residence or commercially zoned building.

(5) “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.

(6) “Communicable Disease” means an illness caused by an infectious agent or its toxins.

(7) “Disinfecting” means using a process for destroying or irreversibly inactivating harmful organisms, including bacteria, viruses, germs and fungi.

(8) "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.

(9) "Infant" means a child from birth up to 12 months of age.

(10) “CCLD” means the Child Care Licensing Division, Department of Early Learning and Care.

(11) “Outbreak of Communicable Disease” means two cases from separate households associated with a suspected common source.

(12) “Premises” means the structure where child care is conducted that is identified on the application or listed with the Department, including indoors and outdoors and space not directly used for child care.

(13) “Preschool-Age Child" means a child who is 36 months of age up to eligible to attend kindergarten in a public school.

(14) “Provider" means the person or facility who is responsible for the children in care; is the children's primary caregiver; and who is listed with the Department as the provider.

(15) “Regulated Subsidy Child Care” means care that is provided to children whose families access federal child care subsidy funds through the state.

(16) “Restrictable Disease” means an illness or infection that would prohibit the child from attending child care.

(17) “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.

(18) "Serious Injury or Incident" means any of the following:

(a) Injury requiring surgery;

(b) Injury requiring admission to a hospital;

(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.

(19) “Substitute Provider" means a person who acts as the child's primary caregiver in the temporary absence of the provider.

(20) “Toddler” means a child who is at least 12 months of age but is not preschool-age.

(21) “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.

(22) "Useable Exit" means an unobstructed door or window through which the provider and the children can evacuate the child care facility in case of a fire or emergency. Doors must be able to be opened from the inside without a key.

(a) For buildings 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 buildings 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.

History

Statutory/Other Authority: ORS 326.425 & ORS 329.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.500, ORS 329.010 & ORS 329.020
DELC 72-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 1-2021, amend filed 05/12/2021, effective 05/12/2021
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 13-2018, amend filed 10/16/2018, effective 10/16/2018
ELD 2-2017, f. & cert. ef. 1-31-17
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0015 Health

(1) The provider must give the children’s needs first priority, assuring that they get adequate care and attention.

(2) The child care facility must be a healthy environment for children.

(3) All caregivers shall take appropriate precautions to prevent shaken baby syndrome and abusive head trauma.

(4) There must be at least one flush toilet and one hand-washing sink available to children. Drinking water for preparing food, infant formula, drinking or cooking shall not be obtained from hand-washing sinks.

(5) The facility shall identify the location of all drinking water faucets and fixtures accessible to children or used to obtain water for preparing food, infant formula, drinking or cooking and shall sample the water from these faucets and fixtures for lead. The facility shall sample in accordance with United States Environmental Protection Agency 3T’s for Reducing lead in Drinking Water in Schools: Revised guidance dated October 2006 and shall use an Oregon Environmental Laboratory Accreditation Program (ORELAP) accredited drinking water laboratory.

(6) Lead testing as required by 414-180-0015(5) shall be conducted within the past six years of the effective date of this section and no later than six months after the effective date of this section and at least once every six years.

(7) The test results shall be kept on the facility premises at all times and a copy provided to the CCLD within ten (10) days of receiving the results.

(8) Irrespective of test results, the facility must immediately notify all parents and guardians verbally, in writing, or by email, of the test results and post results in a prominent place in the facility where they will be seen by parents and guardians within one business day. Information provided to parents and guardians shall be in accordance with United States Environmental Protection Agency 3T’s for Reducing Lead in Drinking Water in Schools: Revised guidance dated October 2006.

(9) If the test results are at or above 15 parts per billion (ppb), the facility must immediately:

(a) Prevent children from using or consuming water from faucets or fixtures identified in 414-180-0015(5) that have test results at or above 15 ppb, supplying water from drinking water faucets or fixtures identified in 414-180-0015(5) that have test results below 15 ppb or bottled or packaged water to meet the requirements of this section;

(b) Within sixty days of receiving the test results, the provider shall submit a corrective action plan for approval by the CCLD for any faucet or fixture that has test results at or above 15 ppb, following the United States Environmental Protection Agency 3T’s for Reducing Lead in Drinking Water in Schools: Revised guidance dated October 2006;

(c) The facility must implement corrective actions or remedies identified in the approved plan within 30 days of CCLD approval; and

(d) The facility must conduct follow-up sampling and results must demonstrate lead below 15 ppb before the facility may resume use of faucets or fixtures identified in 414-180-0015(5) that previously tested at or above 15 ppb.

(10) A provider may submit documented lead testing results obtained within six years immediately preceding the effective date of this section to the CCLD. This provision applies only to tests conducted in accordance with the United States Environmental Protection Agency 3T’s for Reducing Lead in Drinking Water in Schools: Revised guidance dated October 2006 and the results were below 15 ppb. The CCLD shall determine whether the tests submitted conform to the requirements of OAR 414-180-0015(5).

(11) Irrespective of results obtained in accordance with 414-180-0015(5), actions to protect children from exposure to lead contamination in drinking water include:

(a) Flushing pipes before using to prepare food, infant formula, drinking or cooking by running the tap each time before use until the water is noticeably cooler (30 seconds to two minutes); and

(b) Using only cold water from drinking water faucets or fixtures identified in 414-180-0015(5) that have test results below 15 ppb for preparing food, infant formula, drinking or cooking.

(c) Boiling water does not remove lead from water and is not considered an acceptable action to protect children from exposure to lead contamination in drinking water.

(12) Existing programs must submit test results by September 30, 2018.

(13) If a provider replaces any faucets or fixtures identified pursuant to OAR 414-180-0015(5) at any time, the provider must notify CCLD and sample the water from these faucets and fixtures pursuant to the requirements of OAR 414-180-0015(5) and provide the test results to the CCLD within ten (10) days of receiving the results. The provider may not allow access to the replaced faucet or fixture until the CCLD approves access.

(14) The provider must comply with local, state and federal laws related to immunizations, child care restrictable diseases, child safety systems and seat belts in vehicles, bicycle safety, civil rights laws, and the Americans with Disabilities Act.

(15) The following safe sleep practices must be followed:

(a) Each infant shall sleep in a crib, portable crib, bassinet or playpen with a clean, non-absorbent mattress. All cribs, portable cribs, bassinets and playpens must comply with current Consumer Product Safety Commission (CPSC) standards;

(b) Bassinets may only be used until the infant is able to roll over on their own;

(A) Fit snugly; and

(B) Be covered by a tightly fitting sheet.

(d) A clean sheet shall be provided for each child;

(e) Infants must be placed on their backs on a flat surface for sleeping;

(f) While on the child care premises, if an infant falls asleep in a place other than their crib, portable crib, bassinet or playpen, the provider must immediately move the infant to an appropriate sleep surface;

(g) No child shall be routinely left in a crib, portable crib, bassinet or playpen except for sleep or rest;

(h) There shall be no items in the crib, portable crib, bassinet or playpen with the infant, except a pacifier (e.g. bottles, toys, pillows, stuffed animals, blankets, bumpers);

(i) Swaddling or other clothing or covering that restricts the child's movement is prohibited;

(j) Clothing or items that could pose a strangulation hazard (e.g. teething necklaces, pacifier attachments, clothing drawstrings) are prohibited; and

(k) Car seats are to be used for transportation only. Children who are asleep in a car seat must be removed upon arrival to the child care facility and placed in an appropriate sleep surface.

(16) If the parent(s) so request, siblings may share the same bed.

(17) The upper level of bunk beds shall not be used for children under ten years of age.

(18) Children who cannot feed themselves shall be held or, if able to sit alone, fed in an upright position.

(a) Infants up to 6 months of age shall be held or sitting up in a caregiver’s lap for bottle feeding;

(b) Bottles shall never be propped. The child or a caregiver shall hold the bottle; and

(19) Children of any age shall not be laid down with a bottle.

(20) First aid supplies and a chart or handbook of first aid instructions shall be maintained in one identified place and kept out of reach of children.

(21) The first aid supplies shall include: band aids, adhesive tape, sterile gauze pads, soap or sealed antiseptic towelettes or solution to be used as a wound cleaning agent, a solution for disinfecting after a blood spill, a sanitary temperature taking device.

(22) Illness:

(a) Except for mild cold symptoms that do not impair a child’s daily functioning, sick children shall not be in care.

(b) A provider shall not admit or retain in care, except with the written approval of the local health office, a child who:

(A) Is diagnosed as having or being a carrier of a child care restrictable disease, as defined in Oregon Health Authority administrative rule; or

(B) Has one of the following symptoms or combination of symptoms or illness;

(i) Fever over 100°F, taken under the arm;

(ii) Diarrhea (more than one abnormally loose, runny, watery or bloody stool);

(iii) Vomiting;

(iv) Nausea;

(v) Severe cough;

(vi) Unusual yellow color to skin or eyes;

(vii) Skin or eye lesions or rashes that are severe, weeping, or pus-filled;

(viii) Stiff neck and headache with one or more of the symptoms listed above;

(ix) Difficult breathing or abnormal wheezing; or

(x) Complaints of severe pain.

(c) A child who, after being admitted into child care, shows signs of illness, as defined in this rule, whenever possible will be separated from the other children, and the parent(s) notified and asked to remove the child from the child care facility as soon as possible.

(d) If a child has mild cold symptoms that do not impair his/her normal functioning, the child may remain in the child care facility and the parent(s) notified when they pick up their child.

(23) Section 22 of this rule does not apply when the provider is caring only for children from the same family and no other unrelated child care children are present, except that the provider shall notify the parent if a child who, after being admitted into child care, shows signs of illness.

(24) Parents must be notified if their child is exposed to an outbreak of a communicable disease.

(25) If a child with allergies is enrolled who needs a specific plan for caring for that child, such a plan shall be developed in writing between the provider and parents, and, if necessary, outside specialists. All caregivers who come in contact with that child shall be fully aware of the plan.

(26) No person shall smoke or carry any lighted smoking instrument, including an e-cigarette or vaporizer in the child care facility or within ten feet of any entrance, exit, or window that opens or any ventilation intake that serves an enclosed area, during child care hours or when child care children are present.

(27) No person shall use smokeless tobacco in the child care facility during child care hours or when child care children are present.

(28) No person shall smoke, carry any lighted smoking instrument, including an e-cigarette, or vaporizer or use smokeless tobacco in motor vehicles while child care children are passengers.

(29) No one shall consume alcohol on the child care facility premises during child care hours or when child care children are present.

(30) No one shall be under the influence of alcohol on the child care facility premises during child care hours or when child care children are present.

(31) No one shall possess, use or store illegal controlled substances on the child care facility premises. No one shall be under the influence of illegal controlled substances on the child care facility premises.

(32) No one shall grow or distribute marijuana on the premises of the child care facility. No adults shall use marijuana on the child care facility premises during child care hours or when child care children are present.

(33) Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

(34) “Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

(35) All marijuana, marijuana derivatives and associated paraphernalia must be stored under child safety lock.

(36) Any animal at the child care facility shall be in good health and be a friendly companion for the children in care.

(37) Dogs and cats must be vaccinated according to a licensed veterinarian's recommendations.

(38) Dogs and cats shall be kept free of fleas, ticks and worms.

(39) Animal litter boxes shall not be located in areas accessible to children or areas used for food storage or preparation.

(40) Exotic animals, including, but not limited to: reptiles (e.g. lizards, turtles, snakes) amphibians, monkeys, hook-beaked birds, baby chicks and ferrets are prohibited unless they are housed in and remain in a tank or other container which precludes any direct contact by children. Educational programs that include prohibited animals and are run by zoos, museums and other professional animal handlers are permitted.

(41) Prescription and non-prescription medication shall only be given to a child if the provider has written authorization from the parent.

(42) Prescription and non-prescription medications must be properly labeled and stored.

(43) Non-prescription medications or topical substances must be labeled with the child's name.

(44) Prescription medications must be in the original container and labeled with the child's name, the name of the drug, dosage, directions for administering, and the physician's name.

(45) Medication requiring refrigeration must be kept in a separate, tightly covered container, marked "medication," in the refrigerator.

(46) Parents must be informed daily of any medications given to their child or any injuries their child has had.

(47) Sunscreen may be used with written parental authorization.

(a) In instances where parent has provided written permission to use sunscreen, providers must reapply sunscreen every two hours while the child care children are exposed to the sun.

(b) Providers shall use a sunscreen with an SPF of 15 or higher and must be labeled as “Broad Spectrum”.

(d) Sunscreen shall not be used on child care children younger than six months.

(48) Parents must be given the telephone number so they can contact the provider if needed.

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329.500
DELC 73-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 9-2019, amend filed 03/28/2019, effective 03/28/2019
ELD 17-2018, temporary amend filed 10/31/2018, effective 10/31/2018 through 04/27/2019
ELD 13-2018, amend filed 10/16/2018, effective 10/16/2018
ELD 5-2018, amend filed 03/23/2018, effective 03/23/2018
ELD 4-2018, amend filed 03/06/2018, effective 09/30/2018
ELD 6-2017, f. & cert. ef. 3-27-17
ELD 2-2017, f. & cert. ef. 1-31-17
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0020 Sanitation

(1) Pre-mixed sanitizers and disinfectants that are EPA registered and meet Oregon Health Authority criteria may be used in all areas of the child care facility per manufacturer instructions.

(2) All caregivers and children must wash their hands with soap and warm, running water:

(a) Before handling food;

(b) Before assisting with feeding;

(d) After diapering;

(e) After using the toilet;

(f) After assisting someone with toileting;

(g) After nose wiping;

(h) After playing outside; and

(i) After touching an animal or handling pet toys.

(3) Hand sanitizers shall not replace hand washing. If hand sanitizers are present in the child care facility, they shall be kept out of children’s reach and shall not be used on children.

(4) Clean toys, equipment and furniture used by children when soiled.

(5) Diaper changing surfaces must be either:

(a) Non-absorbent and easily disinfected;

(b) Disposed of after each use; or

(6) The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard free condition.

(7) All garbage, solid waste, and refuse must be disposed of regularly, in a safe and sanitary manner.

(8) Bio-contaminants including but not limited to bodily fluids and blood shall be disposed of in a manner that prevents exposure to children.

(9) The child care facility has safe drinking water.

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010 & ORS 329A.500
DELC 74-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 5-2018, amend filed 03/23/2018, effective 03/23/2018
ELD 6-2017, f. & cert. ef. 3-27-17
ELD 2-2017, f. & cert. ef. 1-31-17
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0025 Safety

(1) The room temperature must be at least 68°F during the hours which child care children are in care.

(2) Rooms child care children are predominantly occupying must have a combination of natural and artificial lighting.

(3) Floors must be free of splinters, large unsealed cracks, sliding rugs and other hazards.

(4) Potentially aggressive animals must not be in the same physical space as the children.

(5) Children shall be protected from fire and safety hazards. Providers must have the following protections in place:

(a) All exposed electrical outlets in rooms used by preschool or younger children must have hard-to-remove protective caps or safety devices installed when the outlet is not in use.

(b) Extension cords shall not be used as permanent wiring;

(d) Multiple connectors for cords shall not be used;

(e) A grounded power strip outlet with a built-in over-current protection may be used;

(f) A stable barrier shall be installed to prevent children from falling into hazards, including, but not limited to: fireplaces, heaters and woodstoves that are in use when child care children are present;

(g) A secure barrier shall be placed at the top and/or bottom of all stairways accessible to infants and toddlers;

(6) The child care facility has a working smoke detector on each floor level and in any area where a child naps.

(7) Cleaning supplies, paints, matches, lighters, and any plastic bags large enough to fit over a child’s head kept under child-safety lock.

(8) Other potentially dangerous items, such as medicine, drugs, sharp knives and poisonous and toxic materials kept under child-safety lock.

(9) Firearms, BB guns, pellet guns and ammunition kept under lock, with ammunition stored and locked separately. Firearms, BB guns and pellet guns must remain unloaded;

(10) If any preschool age or younger children are in care, poisonous plants must be kept out of the reach of children;

(11) All clear glass panels in doors clearly marked at child level.

(12) Each provider must ensure that the child care facility where care is provided meets all of the following standards:

(a) Each floor level used by a child has two useable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a useable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

(b) The child care facility has a working telephone or telephone service in operating condition.

(c) Emergency telephone numbers for fire, ambulance, police and poison control and the child care facility address must be posted in a visible location.

(d) The building, grounds, water supply, and toys, equipment and furniture used by children must be maintained in a hazard-free condition.

(e) Broken toys, furniture and equipment must be removed from areas accessible to children.

(13) Wading pools are prohibited for wading.

(14) The provider is responsible for the children in care. At all times the provider must:

(a) Be within sight or sound of all children;

(b) Be aware of what each child is doing;

(15) A center-based child care facility may not exceed the ratios and group sizes in Table A.

(16) In a mixed-age group of children, the number of caregivers and group size shall be determined by the age of the youngest child in the group.

(17) 414-180-0025(15) and 414-180-0025(16) apply to center-based child care defined as a child care facility located in a building constructed as other than a single-family dwelling.

(18) The provider must have a written plan for evacuating and removing children to a safe location in an emergency. The plan must be posted in the child care facility, familiar to the children and the caregivers, and practiced at least every other month and must include:

(a) Procedures for notifying parents or other adults responsible for the children, of the relocation and how children will be reunited with their families;

(b) Procedures to address the needs of individual children, including infants and toddlers, children with special needs and children with chronic medical conditions;

(d) Procedures for handling natural disasters (e.g. fire, earthquake, etc.) and man-caused events, such as violence at a child-care facility;

(e) Procedures in the event that children must shelter-in-place or if the child-care facility must be locked-down so that no one can enter or leave; and

(f) Procedures for maintaining continuity of child care operations.

(19) If a caregiver is transporting children, the caregiver must have a valid driver's license and proof of appropriate insurance.

(20) The number of children transported shall not exceed the number of seat belts or child safety systems available in the vehicle.

(21) The provider must take precautions to protect children from vehicular traffic. The provider shall:

(a) Require drop off and pick up only at the curb or at an off-street location protected from traffic.

(b) Assure that any adult who supervises drop-off and loading can see and assure that children are clear of the perimeter of all vehicles before any vehicle moves.

(22) The following vehicles may be used to transport child care children:

(a) A vehicle manufactured to carry fewer than ten passengers;

(b) A school bus or a multi-function school activity bus;

(d) A vehicle manufactured to carry ten or more passengers that was manufactured before 2010, with the following conditions:

(A) Travel speed may not exceed 50 mph; and

(B) The vehicle must have an annual safety inspection by a garage, dealership or auto repair shop. Proof of inspection must be on the form provided by the Department or on a form provided by the inspector which contains the same information.

(23) The provider must have a written statement from the parent(s) regarding whether or not the provider is authorized to:

(a) Take a child on a field trip or other activity outside the child care facility or participate in any water activity; and

(b) Transport a child to or from school or allow a child to bus or walk to or from school or child care facility.

History

Statutory/Other Authority: ORS 326.425
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500
DELC 75-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 1-2021, amend filed 05/12/2021, effective 05/12/2021
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 9-2019, amend filed 03/28/2019, effective 03/28/2019
ELD 17-2018, temporary amend filed 10/31/2018, effective 10/31/2018 through 04/27/2019
ELD 13-2018, amend filed 10/16/2018, effective 10/16/2018
ELD 5-2018, amend filed 03/23/2018, effective 03/23/2018
ELD 7-2017, f. & cert. ef. 6-27-17
ELD 6-2017, f. & cert. ef. 3-27-17
ELD 2-2017, f. & cert. ef. 1-31-17
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0030 Guidance and Discipline

The following behaviors by caregivers are prohibited:

(1) Using any form of corporal punishment, including, but not limited to: hitting, spanking, slapping, beating, shaking, pinching or other measures that produce physical pain, or threatening to use any form of corporal punishment.

(2) Parental request or permission to use any form of behavior listed in subsection (a) of this section, does not give the provider or substitute provider permission to do so.

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500
DELC 76-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0035 Nutrition

(1) Meals and snacks must be based on the guidelines of the USDA Child and Adult Care Food Program.

(2) Foods must be stored and maintained at the proper temperature.

(3) Infants must be held or sitting up for bottle feeding. Propping bottles is prohibited.

History

Statutory/Other Authority: ORS 326.425 & ORS 329.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329.020 & ORS 329A.500
DELC 77-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0040 Access to Physical Activity

(1) Providers must make available activities, materials, and equipment for both indoor and outdoor play that provide a variety of experiences geared to the ages and abilities of the child(ren) with a balance of active and quiet play.

(2) Child care children shall not be exposed to more than two hours of screen time per day. All media exposure must be developmentally and age appropriate. Screen time is defined as time spent using a device such as a computer, television, or games console.

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.020
Statutes/Other Implemented: ORS 329A.505, ORS 329.010, ORS 329A.020 & ORS 329A.500
DELC 78-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0045 Record Keeping

(1) The following records, except those specified in OAR 414-180-0045(1)(e), must be kept by the provider for at least one year. These records shall be available at all times to CCLD:

(a) Information from the parent(s) for each child at the time of admission:

(A) Name and birth date of the child;

(B) Any chronic health problem(s), including allergies, the child has;

(D) Names, work and home telephone numbers and addresses, and the work hours of the parent(s) or legal guardian(s);

(E) Name and telephone number of person(s) to contact in an emergency;

(F) Name and telephone number of person(s) to whom the child may be released;

(G) Health history of any problems that could affect the child’s participation in child care.

(b) Daily attendance records, including dates each child attended and arrival and departure times for each day. Times shall be recorded as the child care children arrive and depart.

(d) Injuries to a child.

(e) Lead testing results for drinking water for the past 6 years.

(2) The provider must have a written statement from the parent(s) regarding whether or not the provider is authorized to obtain emergency medical treatment for a child.

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500
DELC 79-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 13-2018, amend filed 10/16/2018, effective 10/16/2018
ELD 4-2018, amend filed 03/06/2018, effective 09/30/2018
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0050 General Requirements

(1) CCLD records are open to the public on request. However, information protected by state or federal law will not be disclosed.

(2) The name and status of providers is public information.

(3) The provider shall report to CCLD:

(a) Any death of a child while in care, within 24 hours;

(b) Within 24 hours:

(A) Any child that is lost or missing from the premises;

(B) Any child that is left behind on a facility excursion;

(D) Any child that is left alone on the playground; or

(E) Any child that is left alone in a vehicle.

(c) Any serious injury or incident, as defined in OAR 414-180-0010(21) within 5 calendar days after the occurrence. This does not include:

(A) Injuries for which a child is evaluated by a professional as a precaution;

(B) Injuries for which first aid is administered at the operation, but no further treatment by a medical professional is warranted; or

(d) Any animal bites to a child within 48 hours of occurrence.

(4) CCLD may notify parent(s) or guardian(s) of children under 12 months of age enrolled in the regulated subsidy child care program of any valid non-compliance with regulations for safe sleep included in OAR 414-180-0015(15).

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500
DELC 80-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 9-2019, amend filed 03/28/2019, effective 03/28/2019
ELD 15-2018, temporary amend filed 10/17/2018, effective 10/17/2018 through 03/30/2019
ELD 14-2018, amend filed 10/17/2018, effective 10/17/2018
ELD 9-2018, temporary amend filed 10/02/2018, effective 10/02/2018 through 03/30/2019
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0055 Enforcement of Regulatory Requirements

(1) The provider shall allow an inspection of all areas of the child care facility that are accessible to child care children, and a health and safety review of other areas of the child care facility to ensure the health and safety of child care children.

(2) The provider or substitute must allow a representative from the Child Care Licensing Division (CCLD) access to the child care facility any time child care children are present.

(3) The provider must allow parents or legal guardians of child care children access to the child care facility during the hours their child or children are in care.

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500
DELC 81-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 5-2018, amend filed 03/23/2018, effective 03/23/2018
ELD 2-2017, f. & cert. ef. 1-31-17
ELD 2-2016, f. & cert. ef. 6-29-16

Or. Admin. R. 414-180-0090 Compliance with Child Abuse Reporting Requirements

Any caregiver who has reason to believe that any child has suffered or is currently suffering from abuse (physical injury, mental injury, neglect that leads to physical harm, sexual abuse and/or exploitation, or threat of harm) must report the information to the Department of Human Services Child Welfare (DHS) or to a law enforcement agency. By statute, this requirement applies 24 hours per day.

History

Statutory/Other Authority: ORS 326.425 & ORS 329A.020
Statutes/Other Implemented: ORS 329A.505, ORS 329A.010 & ORS 329A.500
DELC 82-2023, minor correction filed 11/22/2023, effective 11/22/2023
ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020
ELD 2-2016, f. & cert. ef. 6-29-16

Division 210 REGISTERED FAMILY CHILD CARE HOMES (EFFECTIVE JULY 2025)

Or. Admin. R. 414-210-0100 Definitions

The following words and terms within these rules have the following meanings:

(1) "Applicant" means an individual who submits the child care license application to operate a registered family child care in their home and in whose name the registration will be issued.

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

(3) "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 CCLD is closed.

(4) "Capacity" means the total number of children allowed in care at the registered family child care or in care away from the home at any one time.

(5) “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.

(6) "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 five 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.

(7) "CCLD" means the Child Care Licensing Division in the Department of Early Learning and Care.

(8) "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.

(9) “Child Care Child” means any child six weeks 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 provider has supervisory responsibility in the temporary absence of the parent.

(10) "Child with Specific Needs" means a child who requires specialized supports or other accommodations including some adaptation of the registered family child care'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.

(11) “Civil Penalty” means a fine imposed by CCLD on a provider for violation of these rules.

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

(13) "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.

(14) "Disinfect" means to destroy or inactivate all germs from an inanimate surface. Disinfecting involves cleaning and rinsing the surface, by the 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.

(15) “Every Child Belongs (ECB)” is Oregon’s early childhood suspension and expulsion prevention program. The goal of Every Child Belongs is to help early childhood care and education programs keep children in care by offering responsive support when challenges arise.

(16) “Facing Potential Expulsion” refers to the risk of a child being expelled permanently from the registered family child care. Indicators of potential expulsion include, but are not limited to:

(a) The use of strategies identified in the program’s behavior and guidance policy (OAR 414-210-0700) without reducing or eliminating the challenging behavior;

(b) The use of temporary safety-based intervention; or

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

(18) "Field Trip" means an excursion or program activity with a specific destination away from the home that begins when caregivers and children leave the premises, whether by vehicle or by walking. It does not include neighborhood walks, routine school or home pick-up and drop-offs provided by the registered family child care.

(19) "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.

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

(21) "Inaccessible to children" means method to prevent a child from reaching, entering, using or getting to items, areas, or materials of a registered family child care 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;

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

(22) "Infant" means a child who is 6 weeks to 12 months of age.

(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 registered family child care. A license may also be referred to as a registration.

(25) "Licensing period" means the 24 months for which a registered family child care license is issued.

(a) For an initial license, the licensing period begins the day the regular license is issued and ends the same day two years after. For example, if a registered family child care is issued a license on July 6, 2024, the licensing period is July 6, 2024 through July 6, 2026.

(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 two years after, regardless of the date the renewal license is issued, unless the provider and CCLD agree to change the licensing period to begin on a different date.

(26) "Lockdown" means restricted to an interior room with few or no windows while the facility or building is secured from a threat.

(27) "New Application" means a registration application that has been filed by an applicant who has never had an active registration.

(28) "Night Care" means care given between 9:00 p.m. and 5:00 a.m. or when any enrolled child sleeps for more than 3 hours at the registered family child care.

(29) "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.

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

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

(d) Any prohibited discipline or action listed in OAR 414-210-0710.

(33) "Play yard" means a framed enclosure with mesh or fabric sides. A play yard is intended for sleeping and playing accommodations.

(34) “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.

(35) “Premises” means the physical location used by a registered family child care to provide care subject to regulation or investigation by CCLD, including all indoor and outdoor areas not directly used for child care if the provider, child care staff, or child care children have actual or potential access to the areas.

(36) "Preschool‐Age 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.

(37) “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. The provider is the person responsible for the overall operation of the home and who has the authority to perform the duties necessary to meet registration requirements.

(38) "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. References in these rules to “registered family child care home” or “home” refer to the provider or any agent, including a substitute provider, operating under the registration.

(39) "Registration" means the document a registered family child care provider is issued by CCLD to operate a registered 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 414-210-0100 through 414-210-1620.

(40) "Renewal Application" means a registration application that has been filed by a currently registered family child care provider who wishes to continue registration.

(41) “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.

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

(43) "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, or other non-porous surfaces.

(a) An appropriate test kit or strips are required to measure the concentration of sanitizing solutions.

(b) Any sanitizer used on food contact surfaces and toys must be labeled “safe for food contact surfaces.”

(44) "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.

(45) "Serious Injury or Incident" means any of the following:

(a) Injury requiring surgery;

(b) Injury requiring admission to a hospital;

(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 Epi‐Pen;

(n) Severe bleeding or stitches;

(o) Shock or confused state; or

(p) Near‐drowning.

(46) “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;

(d) Children are not being supervised;

(e) Multiple or serious fire, health or safety hazards are present in the registered family child care;

(f) Extreme unsanitary conditions are present in the registered family child care;

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

(h) A home is providing child care without the appropriate certification.

(47) "Serious safety threat" refers to a child's behavior that presents a danger to the physical safety of themselves or others, which cannot be reduced or eliminated by the provider’s existing guidance and behavior strategies (OAR 414-210-0700).

(48) "Shelter-in-Place" means caregivers and children staying at the home 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.

(49) “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.

(50) "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.

(51) "Technical Assistance" means consultation and advice given to providers to assist them in maintaining compliance.

(52) “Temporary Safety-Based Intervention” means temporarily removing a young child from a registered family child care when the child’s behavior poses a serious safety threat, as defined in these rules, for such time period and for no longer than necessary to incorporate supports to reduce the occurrence of the behavior, ensure child safety, and have the child return to the program as quickly as possible.

(53) "Toddler" means a child who is 12 months of age to 36 months of age.

(a) "Younger Toddler" means a child who is 12 months of age to 24 months of age.

(b) "Older Toddler" means a child who is 24 months of age to 36 months of age.

(54) "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 caregiver with supervisory authority.

(55) "Visitor" means someone who is at the home 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.

(56) "Volunteer" includes any person who provides labor or services to a child care home but is not compensated with employment pay or benefits.

(57) “Young Child” means any child who is six weeks of age until eligible to be enrolled in kindergarten on or before the first day of the current school year.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0110 Purpose

(1) A registered family child care home is defined as a child care facility that is registered to provide child care for a number of children up to the maximum capacity in a residential setting.

(2) The purpose of OAR 414-210-0100 through 414-210-1620 is to protect the health, safety, and wellbeing of children when cared for outside their own homes by providing requirements for inspecting, registering, monitoring and otherwise regulating care in a registered family child care home.

(3) An individual may not operate a registered family child care home without a valid registration issued by CCLD, unless providing care not requiring a license as provided in OAR 414-075-0250.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0130 Application Process

(1) An applicant must submit an original and complete application for registration on the forms provided by CCLD:

(a) For the initial registration;

(b) For the renewal of the registration;

(d) When re-opening after a lapse in registration.

(2) An applicant must submit a non-refundable filing fee with the application. For a registered family child care home the application fee is $30. The applicant may submit documentation that the applicant’s income is below 100% of the Federal Poverty Level, the fee may be reduced or waived. This fee is required with:

(a) Initial application;

(b) Renewal application;

(d) A change in location.

(3) A registered family child care must complete and submit an application to CCLD at least:

(a) 45 days before the planned opening date of a new registered family child care home or change of location; and

(b) 30 days prior to the expiration of the registration for a renewal.

(A) If an application for renewal and payment of the required fee is received at least 30 days prior to the expiration date of the current registration, the current registration unless officially revoked, remains in force until CCLD has acted on the application for renewal and has given notice of the action taken.

(B) If an application for renewal and payment of the required fee is not received at least 30 days prior to the expiration date of the current registration, the registration will expire and the registered family child care must cease operations unless the renewal is completed prior to the expiration date.

(4) An applicant must provide the following items with the application for an initial registration, or change of address:

(a) Initial or current lead testing results for each source of drinking water, as required in OAR 414-210-0820; and

(b) Verification that the provider has met the initial training listed in OAR 414-210-0370(1).

(5) An application for renewal of a registered family child care may be approved by CCLD upon successful completion of CCLD’s Health and Safety inspection with CCLD staff and verification that the provider has met ongoing training requirements identified in OAR 414-210-0380.

(6) An applicant must pay in full all civil penalties established by final order against the applicant or be compliant with a CCLD approved payment plan before CCLD will process an initial or renewal application.

(7) If CCLD has not approved, issued a notice of intent to deny, or issued a final order by default or after a contested case hearing denying an application within 12 months of the date the application was submitted to CCLD, the application may be closed, subject to the applicant’s right to submit a new application at any time. This rule does not apply if:

(a) The application is a timely renewal application; or

(b) CCLD has issued a notice of intent to deny the application that has not resulted in a final order or withdrawal.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330, ORS 329A.275 & ORS 329A.270
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0140 Issuance of Registration

(1) Upon receipt of a completed application, a registered family child care will be evaluated by a representative of CCLD to determine if it meets all registration requirements.

(2) CCLD will issue a regular registered family child care registration when the home is determined to be in compliance with all of these rules.

(3) For a registered family child care home, a registration is valid for no more than two (2) years.

(4) A registered family child care registration will be issued in the name of the provider.

(5) A registered family child care registration cannot be transferred to any other location or to another organization or individual.

(6) Registration is limited to one provider per household.

(7) The home in which child care is provided must be the residence of the provider.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0150 Registration Process

(1) A provider must comply with the conditions of the registration when admitting children, including, but not limited to, capacity, hours of operation, age range, and special conditions.

(2) If an applicant or a registered family child care provider is also a certified foster care parent, they must inform CCLD. CCLD may communicate with the Oregon Department of Human Services (ODHS) regarding the child care license.

(3) A provider must allow representatives of all agencies involved in licensing process to have immediate access to all areas of the home and premises when child care children are present, including:

(a) Areas deemed inaccessible to children, including rooms not typically used for child care, second floors and other structures on the premises;

(b) Records of children enrolled in the registered family child care home, and all records and reports related to the child care operation regarding compliance with these rules as required in OAR 414-210-0255; and

(4) If there is a structural or maintenance problem or remodeling that CCLD determines could present a health or safety hazard to children, CCLD may request that the provider have the home inspected by the appropriate authority and the provider shall comply with the request. The provider must provide CCLD with a copy of the inspection report from such authority immediately upon receipt.

(5) A registered family child care registration may be denied, suspended or revoked if the provider has been removed, denied or suspended from the CBR.

(6) If a complaint alleges that a provider is not in compliance with these rules, CCLD will conduct an investigation and assessment as provided in OAR 414-075-0130.

(7) CCLD may conduct unannounced monitoring visits of a registered family child care at least annually for the purpose of determining compliance with these rules and terms and conditions of registration.

(8) In connection with a monitoring or investigation visit, CCLD may offer technical assistance when appropriate to assist a provider in complying with these rules and provide technical assistance when requested by the provider.

(9) Information provided by or on behalf of the provider to CCLD on applications, in records or reports, or any other written or verbal communication must be current, complete, and accurate.

(10) Parental request or permission to waive any of the rules applicable to a registered family child care does not give a provider permission to do so.

(11) CCLD registration records are open to the public on request, including findings of complaint investigations. However, information protected by state or federal law and the names of children and adults will not be disclosed.

(12) To determine if requirements are met, a provider may be required to supply additional information or permit CCLD, a fire marshal, or a public health official to assess the home and review child care records.

(13) The name, address, telephone number, and registration status of providers is public information. However, CCLD may withhold from the public a provider's address and telephone number if the provider makes a written request documenting that disclosure of the address and/or telephone number would endanger them or a family member living in the home (OAR 137-004-0800). The request must be on a form supplied by CCLD.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330 & ORS 329A.390
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0160 Exceptions to Rules

(1) A provider may request an exception to a rule on a form provided by CCLD for a specified period of time when:

(a) A requirement does not apply to the registered family child care; or

(b) The intent of the requirement can be met by a method not specified in the applicable rule.

(2) An exception request must include:

(a) A justification for the requested exception; and

(b) An explanation of how the provider will meet the intent of the rule.

(3) An exception request will not be granted:

(a) To waive the onsite review for applicants applying for an initial registration or renewal of a registration; or

(b) If the health, safety, and well‐being of the children or consumer interests of the parents of children in care cannot be ensured.

(4) A provider must remain in compliance with the rule as written until CCLD approves the exception request.

(5) In certain circumstances, a provider may be granted an ongoing exception that will be reviewed annually to confirm the provider is in compliance with all exception requirements.

(6) Each exception request is unique to the applicable registered family child care and is evaluated on its own merits. The granting of an exception to a rule does not set a precedent.

(7) CCLD may withdraw approval of an exception at any time, to ensure the health, safety and well‐being of the children.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0200 Policies

(1) A provider must have written information and policies identified in OAR 414-210-0200(1)(a) though (h) and provide them to substitute providers, parents, and volunteers. Information must be provided at the time of enrollment and when information changes.

(a) Name, business address, and business telephone number of the person(s) who has immediate responsibility for the daily operation of the home;

(b) Parent responsibilities for providing current required information and what parents are expected to provide;

(d) Information on transportation, when provided by the provider or other caregiver;

(e) Behavior and guidance policy;

(f) Prevention of and duty to report suspected child abuse and neglect;

(g) Night care, if provided; and

(h) Suspension and expulsion prevention policy (OAR 414-210-0750).

(2) As required by state and federal civil rights laws and the Americans with Disabilities Act (ADA), a provider cannot discriminate against any child on the basis of race, religion, color, national origin, gender, marital status of parent, or because of a need for special care.

(a) Suspected violations will be reported to the overseeing agency, with whom CCLD may share any information available to it.

(b) CCLD may deny an initial or renewal application or revoke a registration if a provider is determined to have discriminated in violation of this requirement by any authority with jurisdiction to make the determination.

(3) To ensure the physical, emotional and mental health, safety and wellbeing of children, a provider must complete an individual assessment whenever the provider becomes aware that a child with specific needs has either applied for enrollment or is already in care of the provider. The individual assessment must examine the home’s physical environment, policies and practices to identify any reasonable modifications that are needed to support meeting both the child with specific needs, and other children enrolled in the program. The assessment must be based on all information from parents, professionals knowledgeable about the child’s care needs, and the provider. The assessment must be documented for each child and must include:

(a) Descriptions of changes the provider made or will make to the home’s physical environment to support the participation of the child with specific needs in the program, or an explanation of why the changes necessary to support the child’s participation cannot reasonable be made;

(b) Descriptions of changes the provider made or will make to the provider’s policies and practices to fully integrate the child with specific needs into the program or an explanation of why the changes necessary to fully integrate the child into the program cannot reasonably be made;

(c) If applicable, any direct threats to the health and safety of others posed by the particular child’s presence at the home and an explanation of whether the treats can be eliminated with changes described pursuant to subparagraphs (a) or (b) of this rule; and

(d) If a child enrolled in care at the registered family child care is a young child, as defined in these rules, documentation that the provider has complied with OAR 414-210-0750.

(4) Compliance with the requirements in subsection (3) (a) to (d) of this rule is not intended to describe the requirements of or to ensure full compliance with applicable civil rights laws, including the federal Americans with Disabilities Act (ADA).

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0210 Emergency Preparedness and Response

(1) A provider must have a written plan for emergency preparedness that addresses evacuation, relocation, shelter-in-place and lockdown procedures, and responding to medical emergencies and other incidents. The plan must be followed, unless otherwise instructed by emergency personnel.

(2) The plan must include a provider’s procedures for:

(a) Responding to a lost or missing child;

(b) Ensuring that all children in attendance are supervised and accounted for during and after an emergency;

(d) Notifying emergency authorities, including the poison control center, when necessary;

(e) Evacuating children to a designated safe area or relocating children to alternate shelter. Designated safe areas and alternate shelters must be a minimum of 50 feet from the home being evacuated;

(f) Moving children to a designated location in the home for sheltering-in-place and lockdown emergencies;

(g) Responding to natural and human-made disasters including power outages;

(h) Responding to serious illness, serious injury or death of a child or caregiver;

(i) Responding to incidents involving a hostile intruder;

(j) Addressing the needs of individual children, including children with disabilities or other specific needs, and children with chronic medical conditions;

(k) Ensuring children’s emergency contact information and medical authorization and caregivers' emergency contact information is accessible during and after an emergency;

(l) Notifying parents after the emergency ends and how children will be reunited with their families as the evacuation, relocation, or sheltering/lockdown is lifted;

(m) Maintaining continuity of care after a natural or human-made disaster, including access to copies of records, documents, and computer files necessary for continued operation stored in either a portable file or at an off-site location;

(n) Ensuring pool and swimming safety if applicable (also see OAR 414-210-1300, Swimming and Water Activities); and

(o) The plan must identify a licensed physician, hospital, or clinic to be used for emergency medical care.

(3) A provider must observe weather conditions and other possible hazards to take appropriate action for child health and safety. Conditions that pose a health or safety risk may include, but are not limited to:

(a) Heat in excess of 100°F, or pursuant to advice of the local authority;

(b) Cold less than 20°F, or pursuant to advice of the local authority;

(d) Earthquake;

(e) Air quality emergency ordered by a local, state, or federal authority on air quality or public health;

(f) Lockdown notification ordered by a public safety authority; and

(g) Other similar incidents.

(4) A provider must have an emergency light source, such as a flashlight, in working condition, stored in an easily accessible location.

(5) A provider must review the written plan and all emergency procedures:

(a) At least once per licensing period and update the procedures as needed.

(b) With caregivers at least once per licensing period and whenever the plan is updated.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0220 Children’s Records

(1) A provider must obtain the following information for each child, in paper or electronic format, prior to the first day of attendance that includes a parent’s signature:

(a) The child’s name, date of birth, and home address;

(b) Date child entered care;

(d) Name and contact information of the person to be called in an emergency if the parent(s) cannot be reached;

(e) Name and telephone number of person(s) to whom the child may be released;

(f) The name and telephone number of the school that the child attends, if applicable;

(g) Name and telephone number of child's medical provider(s) or emergency care facility, if known;

(h) Immunization record or exemption as required by OAR 414-210-0225 Immunizations);

(i) Authorization to obtain emergency medical care and to transport the child for emergency medical treatment;

(j) Developmental and health history of any problems that could affect the child's participation in child care;

(k) A written care plan for any child with a specific need as described in OAR 414-210-1050. The written plan must be readily accessible to caregivers caring for the individual child; and

(l) Verification that parents have received a copy of the provider’s policies.

(2) A provider must ensure that all children’s records are immediately accessible to caregivers during hours of operation for use in an emergency or for children with chronic health issues or specific care needs.

(3) A provider must ensure that all children’s records are kept current at all times.

(4) A provider must permit parents, upon request, to review records and reports concerning the parent’s own children, with the exception of child abuse and neglect reports.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0225 Immunizations

(1) A provider must comply with Oregon Health Authority’s administrative rules (see OAR 333-050-0040) relating to the immunization of children. If a child is enrolled in a public or private elementary school, immunizations are not required to be documented by the child care facility.

(2) A provider may provide care for children who are in foster care or experiencing homelessness while parents/guardians are taking necessary actions to comply with immunization requirements of the facility.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0230 Parental Permissions

(1) A provider must have the following current permissions from parent(s) when applicable:

(a) Documentation of permission for a person not listed in the child’s records to pick up the child;

(b) Signed and dated permission for each medication, prior to administration, that includes:

(A) The child’s name;

(B) The name of and the reason for the medication;

(D) Whether the medication needs to be refrigerated.

(c) For chronic medical conditions, a provider may obtain permission for 12 months or less with specific instructions including when administration is needed, such as diaper cream and inhalers (also see OAR 414-210-1030, Medications).

(d) Prior to transporting a child, a provider must have the following information:

(A) The child’s name; and

(B) A specific pick-up and drop-off plan that addresses the location, times, and transfer of supervision.

(e) Prior to a school-age child arriving or leaving the facility on their own.

(f) Permission to bathe a child, if necessary.

(g) Prior to a field trip or other activity away from the immediate neighborhood.

(h) Prior to a child participating in a high risk activity, such as swimming or mountain biking, and share a safety plan with parents.

(i) Prior to using photographs or recordings of the child publicly (e.g. social media, advertisements).

(2) If a family served by a provider is experiencing homelessness, the provider must make efforts to follow OAR 414-210-0230 (1). If the provider is unable to acquire written parental permissions, permissions may be received verbally, when documented by the provider, or electronically, such as through a text message or e-mail.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0235 Arrival and Departure

(1) A provider must require that any person bringing a child to the home remain with the child until the child is accepted by a caregiver.

(2) A provider may only release a child to a parent or another person named and identified by the parent(s). A person picking up the child must show identification if not known to the caregiver.

(3) Except as excluded by a court order, parents must be permitted access to their child and all child care areas while their child is in care. Advance notice is not required.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0240 Caregiver Records

A provider must maintain a current personnel record for any substitute provider, in paper or electronic format, which includes:

(1) The CBR confirmation letter sent from CCLD to the provider. If the provider does not yet have a CBR confirmation letter for the caregiver, the provider must have written documentation the provider has verified with CCLD that the caregiver is enrolled in the CBR and linked to the home. Documentation must include the date, time, and name of the CCLD staff member the provider spoke with;

(2) Current pediatric CPR and first aid training certification;

(3) Current food handler certification, prior to serving or preparing food; and

(4) Evidence of participation in an orientation.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0250 Program Records

A provider must maintain the following program records, either in paper or electronic format:

(1) The current day’s attendance for each child in care as defined in OAR 414-210-0400(1). The daily attendance record must include:

(a) The child’s full name; and

(b) Times recorded as children arrive and depart so that the record shows the children in attendance at any given time.

(2) Documentation of any substitute provider caring for children, including their name, date providing care, and arrival and departure times.

(3) Written reports of injuries as identified in OAR 414-210-1020(1).

(4) A visitor log to document all adults, excluding persons authorized to drop off and pick up a child, that includes name, relationship to home (e.g., volunteer, vendor, guest, etc.), and recorded time in and out of the home.

(5) Documentation of the administration of any medication that includes:

(a) The child’s name;

(b) Medication administered;

(d) The dosage or amount of medication administered; and

(e) Any side effects exhibited by the child.

(6) Written record of suspected child abuse and neglect reports made to the Department of Human Services Child Welfare or law enforcement.

(7) Written records regarding emergency preparedness and fire prevention such as dates of drills.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0255 Record Retention and Access

(1) The following records must be kept for one (1) year:

(a) After their initial creation for identified Program Records in OAR 414-210-0250;

(b) After termination of employment for identified Caregiver Records in OAR 414-210-0240;

(d) After termination of care for identified Children’s Records in OAR 414-210-0220; and

(e) After initial creation, vehicle records identified in OAR 414-360-1230(2).

(2) A provider must make all records required by these rules available to CCLD at all times.

(3) A provider must have at least one caregiver on site who can access any records that are stored in paper or electronic formats.

(4) Electronic records, including but not limited to Children’s Records and current day’s attendance, must be portable for use during an emergency evacuation.

(5) If using electronic records, a provider must have procedures in place to ensure prompt access, including an on- or off-site electronic back-up method to ensure access in the event of data loss.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0260 Items Available for Review

(1) A provider must display the following near the entrance, or in some other area of the home where they may be clearly viewed by parent(s) and caregivers of children in care:

(a) The most current registration issued by CCLD;

(b) All serious valid complaints and serious non‐compliance letters for 12 calendar months from the date of the letter;

(c) A notice of any current or pending legal sanctions posted immediately and while in effect, including throughout any appeal period;

(d) The DELC website [www.oregon.gov/DELC] and phone number [1-800-556-6616], and a statement advising parents that they can access information about their child care provider on the child care safety portal; and

(e) A notice that the items listed in (3) of this rule are available.

(2) A provider shall display a floor plan identifying the locations of the following near the entrance, or in some other area of the home where they may be clearly viewed by all individuals responsible for evacuation procedures:

(a) Exits;

(b) Primary evacuation routes;

(d) Fire extinguishers.

(3) A provider must have the following items available in a prominent and frequently visited location for the parents and public to view:

(a) The most recent CCLD inspection and rules for registration of child care homes are available upon request;

(b) The most recent water test results summary provided by CCLD (also see OAR 414-210-0820, Water Supply and Plumbing);

(d) The Oregon Child Abuse and Neglect Hotline number and requirement to report suspected abuse or neglect;

(e) A notice that parents must be permitted access to their child and all child care areas while their child is in care. Advance notice is not required.

(f) The provider’s behavior and guidance policy;

(g) Emergency numbers to include 9-1-1, where available, or local law enforcement, local mental health crisis line, fire department, and ambulance service;

(h) A plan to ensure that any visitor or other adult not enrolled or conditionally enrolled in the CBR does not have unsupervised access to children; and

(i) The provider’s suspension and expulsion prevention policy.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0270 Notifications

(1) A provider must notify CCLD by 5:00pm the next business day of the following items:

(a) A change in mailing address, when different from the physical address;

(b) A change in phone number;

(c) A known legal action or child abuse or neglect investigation, such as an arrest, criminal investigation or charge, or Victim Protection Order, involving any person for which a registered family child care is required to request a background check;

(d) A permanent closure;

(e) Any damage to the building that affects the provider’s ability to comply with the rules for Registered Family Child Care Homes;

(f) An incident that exposes children to an imminent risk of harm, such as a child leaving the home without the provider’s knowledge or being left alone on or off site or in a vehicle;

(g) An animal bite to an adult or child that occurs on the premises or that occurs away from the home when participating in child care activities;

(h) An accident involving transportation, unless there were no injuries and only minor damage to the vehicles;

(i) Any serious injury or incident involving a child;

(j) A child who is given the incorrect dosage of any medication;

(k) A child who took or received another person’s medication;

(l) The death of a child while in care or death of a caregiver;

(m) Other dangers or incidents requiring emergency response such as a fire or temporarily relocating children;

(n) Any time prohibited discipline or prohibited actions occur (also see OAR 414-210-0710, Prohibited Discipline and Actions);

(o) Any incident where physical restraint is used (also see OAR 414-210-0720, Physical Restraint); and

(p) The implementation of a temporary safety-based intervention.

(2) Any caregiver who has reason to believe a child has been abused or neglected is required to report the matter immediately to the Oregon Child Abuse Hotline (1-855-503-7233), Department of Human Services Child Welfare, or a law enforcement agency. This requirement applies 24 hours a day. This requirement applies to any suspected physical, sexual or emotional abuse; child neglect, child endangerment, or child exploitation; inappropriate sexual contact between two or more children; or attempted suicide or threats of suicide by a child.

(3) A provider must immediately notify the Oregon Health Authority of a known case, in individuals associated with the home, of a child care‐restrictable disease, as defined in Oregon Administrative Rule, OAR 333‐019‐0010.

(4) A provider must immediately notify parents or an emergency contact if the parent cannot be reached and document if their child:

(a) Does not arrive on their own at the home as scheduled, such as when a school-age child is walking to the home or when a child is transported from another program;

(b) Is not present at the pick-up location as scheduled;

(c) Is involved in an incident that placed the child at risk such as being lost, missing or left alone on a playground, a field trip, or in a vehicle;

(d) Has experienced any suspected allergic reactions, or has ingested or had contact with the allergen even if a reaction did not occur;

(e) Was not administered medication in accordance with directions;

(f) Received emergency medication for a life-threatening condition such as epinephrine;

(g) Sustains an injury that may need evaluation by a medical professional or any impact to a child’s head;

(h) Has been exposed to poison;

(i) Has been fed human milk or formula intended for another child (see OAR 414-210-0610, Feeding Infants and Toddlers);

(j) Is bitten by an animal or another child, when the skin is broken or when an evaluation by a physician may be needed;

(k) Is separated from the group due to an illness;

(l) Dies while in care;

(m) Is involved in any incident where physical restraint is used (also see OAR 414-360-0720, Physical Restraint); or

(n) Exhibits behavior that requires the use of a temporary safety-based intervention.

(5) A provider must immediately notify parents in writing if a condition or restriction is placed on the license.

(6) A provider must notify parents upon child pick-up of:

(a) Significant changes in their child's physical or emotional state;

(b) Known injuries such as cuts, scratches, and bites from other children requiring first aid treatment;

(d) Any medication administered to their child;

(e) An animal bite to a child, when the skin is not broken; and

(f) Implemented emergency plans and procedures, except for drills.

(7) A provider must notify parents if there will be a substitute provider and the substitute's name. In the event of an emergency, a good faith effort will be made to notify parents that a substitute will be caring for the children.

(8) Prior to the occurrence, a provider must notify families of any planned field trips including estimated departure and return times and the destination.

(9) A provider must have a method for notifying families when any child or caregiver has a child care restrictable disease, as defined in Oregon Administrative Rule, or food poisoning (also see OAR 414-210-1010, Illness);

(10) CCLD will notify parent(s) or guardian(s) of children under 12 months of age enrolled in the home of any valid non‐compliance with OAR 414-210-0620(1)(a)(A) through (C), OAR 414-210-0620(1)(b) and (c), and OAR 414-210-0630(1)(a) through (l).

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0300 General Caregiver Requirements

(1) A provider must ensure that all caregivers, volunteers and household members who have supervised or unsupervised access to child care children:

(a) Comply with registration rules;

(b) Recognize and act to correct hazards to physical safety, both indoors and outdoors;

(c) Demonstrate good judgment as evidenced by responsible behavior that reasonably ensures the health and safety of children; and

(d) Have not consumed nor are under the influence of any substance that impairs their ability to care for children. “Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others.

(2) A provider and any caregiver must:

(a) Be physically capable of performing duties related to child care;

(b) Relate to children with courtesy, respect, acceptance, and patience;

(d) Recognize and respect the uniqueness and potential of all children, their families, and their cultures;

(e) Report suspected abuse, neglect, and exploitation in accordance with Oregon law (also see OAR 414-210-0270, Notifications); and

(f) Have the required training and experience for the position they are filling.

(3) A provider must ensure that any person who has demonstrated behavior that could endanger the health, safety or wellbeing of a child is not on the premises during child care hours and is not allowed access to children in care. Residents of the home are considered to have access to the child care children even if they are not generally at home during hours of operation.

(4) Any caregiver known or appearing to have a child care‐restrictable disease, as defined in OAR 333‐019‐0010, a symptom of physical illness as described in OAR 414-210-1010(1)(b)(A) through (K), or a mental incapacity that poses a threat to the health or safety of children shall be relieved of their duties.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0310 Central Background Registry Enrollment

(1) The provider must be enrolled in CCLD’s CBR prior to the issuance of a registration. All other caregivers, and residents of the child care home 18 years of age or older must be enrolled or conditionally enrolled in CCLD’s CBR prior to the issuance of an initial or renewal of a registration.

(2) Residents of the child care home who are under 18 years of age must be enrolled or conditionally enrolled in the CBR by their 18th birthday.

(3) A provider must receive confirmation from CCLD that an individual 18 years of age or over, is enrolled or conditionally enrolled in the CBR before the individual can:

(a) Reside in the child care home;

(b) Stay overnight on the premises for longer than 14 consecutive days, not to exceed a total of 30 days in a calendar year, unless not required to enroll in the CBR as provided in subsection (4) of this rule;

(d) Volunteer in the child care home.

(4) Individuals 18 years of age and older that reside on the premises in living spaces other than the child care home (including, but not limited to, Accessory Dwelling Units (ADUs) or other Alternative Housing units, tiny homes, recreational vehicles (RVs), trailers, garage apartments, etc.) are not required to enroll in the CBR if all of the following conditions are met:

(a) Those residing in or visiting the living space are not known by the provider to be suspended or to have been denied or removed for cause from the CBR;

(b) The living space can be accessed without entering the child care home;

(c) Those residing in or visiting the living space have no opportunity for access to child care children without the permission of the provider and presence of a caregiver employed in the child care home. For the purposes of this rule, an individual has opportunity for access to child care children if they are able to be close enough to touch or have a conversation with a child care child inside or outside the home.

(d) Child care is never conducted in the living space and child care children do not have access to the living space; and

(e) The living space offers basic necessities such as running water, a bathroom, and cooking appliances, without having to enter the child care home during operating hours or when child care children are present.

(5) The provider, caregivers, and other individuals that are required to be enrolled in the CBR must maintain current enrollment in the CBR at all times while the registered family child care license is active.

(6) Individuals with conditional enrollment in the CBR shall not have unsupervised access to children.

(7) Any visitor to the child care home or other adult who is not enrolled in the CBR shall not have unsupervised access to children.

(8) A provider must have safeguards in place to prevent a visitor’s unsupervised access to children, including a sign-in and sign-out process that captures:

(a) The individual’s name and relationship to the registered family child care (e.g. volunteer, vendor, guest, landlord, etc.); and

(b) Arrival and departure times.

(9) A provider must ensure that individuals whose CBR enrollment has been revoked, denied, or suspended, are not on the premises during operating hours or when child care children are present; have contact with children in care; or live on the premises of the child care home (including, but not limited to ADUs or other Alternative Housing units, tiny homes, RVs, trailers, garage apartments, etc.).

(10) If additional information is needed to assess a person's ability to care for children or to have access to children, CCLD may require references, an evaluation by a physician, counselor, or other qualified person, or other information.

History

Statutory/Other Authority: ORS 329A.260 & ORS 329A.030
Statutes/Other Implemented: ORS 329A.330 & ORS 329A.030
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0320 Duties and Qualifications of the Provider

(1) A provider is responsible for:

(a) Maintaining compliance with all registered family child care rules and all conditions placed on the registration; and

(b) Supervision of children in care.

(2) A provider must:

(a) Be at least 18 years of age;

(b) Have competence, sound judgement and self-control when working with children;

(d) Meet initial training requirements identified in OAR 414-210-0370(1).

(3) The provider or a substitute provider must be on the premises during all hours of operation.

(4) The provider must have no other employment, paid or unpaid, either in or out of the home, during hours child care children are in care.

(5) A registered family substitute provider must:

(a) Be at least 18 years of age and enrolled in the CBR;

(b) Meet Orientation and Initial training requirements (See OAR 414-210-0370(3));

(d) Have access to all records required for registration; and

(e) Be authorized and able to correct deficiencies.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0370 Orientation and Initial Training

(1) When a person submits a new application for registration as a registered family child care, CCLD shall, prior to approving the registration, receive evidence from the applicant that the person has completed:

(a) Introduction to Registered Family Child Care Part I and Part II;

(b) Introduction to Child Care Health & Safety Training;

(d) Safe Sleep for Oregon’s Infants;

(e) Current certification in pediatric CPR and first aid. CPR training must have practical hands-on instruction. CPR courses that involve an on-line component with hands-on instruction may be accepted. Strictly on-line CPR training is not acceptable;

(f) Foundations for Learning child development training; and

(g) Current Oregon’s food handler’s certification.

(2) The provider’s Oregon food handler’s certification and pediatric CPR and first aid certification must remain current while the registration is active.

(3) A provider must ensure that prior to having unsupervised access to children, substitute providers:

(a) Receive an orientation. An orientation must include, but is not limited to:

(A) A review of the rules for registered family child care homes;

(B) The written plan for emergency preparedness that addresses evacuation, relocation, shelter-in-place and lockdown procedures and responding to medical emergencies, illness and injuries, allergic reactions, and other incidents;

(D) Building and premises safety including identification and protection from hazards such as electrical hazards, bodies of water, and vehicular traffic;

(E) The handling and storage of hazardous materials and the appropriate disposal of bodily fluids;

(F) Safe sleep practices, prevention of shaken baby syndrome, abusive head trauma, and child maltreatment;

(G) The provider’s policies, as required under OAR 414-210-0200, Policies; and

(H) Procedures for reporting suspected child abuse or neglect.

(b) Complete the following:

(A) Introduction to Child Care Health and Safety;

(B) A minimum of 2 hours of CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law;

(D) Current certification in pediatric CPR and first aid within the first 90 days of hire. On-line CPR training is only acceptable if it includes hands-on instruction. Pediatric CPR and first aid certification must be kept current while working in the registered family child care home;

(E) Foundations for Learning child development training; and

(F) Obtain an Oregon food handler’s certification prior to preparing and serving food and/or bottles.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0380 Ongoing Training

When a provider submits a renewal application, CCLD shall, prior to approving it, receive evidence from the provider that the provider has:

(1) A current certification in pediatric CPR and first aid. CPR training must have practical hands-on instruction. CPR courses that involve an on-line component with hands-on instruction may be accepted. Strictly on-line CPR training is not acceptable;

(2) A current Oregon food handler certification pursuant to ORS 624.570; and

(3) During the two years preceding the license renewal date, a provider must complete at least 10 clock hours of formal training or education related to child care.

(a) At least 6 clock hours of the 10 hours of training must be in child development;

(b) At least 1 clock hour of training in the Core Knowledge Category (CKC) of health, safety, and nutrition (HSN) in the first 12 months of the licensing period; and

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0385 Training Criteria

(1) A provider and any other caregivers must have an active account with ORO. Caregiver training must meet the following requirements:

(a) Be approved by ORO; and

(b) Be at least 1 hour in duration.

(2) The following core knowledge categories (CKCs) are accepted for the child development and early childhood education requirement: Diversity, Family and Community Systems, Human Growth and Development, Health Safety and Nutrition, Learning Environments and Curriculum, Observation and Assessment, Special Needs, and Understanding and Guiding Behavior.

(3) During subsequent years of licensure, caregivers may count the following repeated training as part of the 10 clock hours of training:

(a) 2 hours of CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law but only every 3 years; and

(b) A Set 2 (intermediate) or Set 3 (advanced) training as described by ORO can be repeated once, provided it was not taken within the previous 2 years.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0400 Children in Care

(1) A provider may care for a maximum of 10 children. This includes:

(a) All child care children, as defined in OAR 414-210-0100(9);

(b) The provider’s own children, including foster children, age 9 years or younger;

(d) 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) Of the 10 children in care, a provider may care for:

(a) A maximum of six children preschool age or younger, of which only two children may be under 24 months of age.

(b) Four school-age children, in addition to the six children preschool-age or younger.

(c) More school-age children if there are fewer than six children preschool-age or younger, as long as there are no more than 10 children in the home at any one time.

(3) Other children, including but not limited to relatives, neighborhood children or friends of the provider's children, are included in the maximum number of 10 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.

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

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0500 Supervision

(1) The provider or substitute provider must ensure that children have the full attention of caregivers at all times who must:

(a) Be aware of what each child is doing;

(b) Be near enough to children to assist and respond when needed;

(c) Be within sight or sound of children at all times, without relying on audio or video devices. Children out of direct visual contact shall be monitored regularly and frequently and must be in approved activity areas;

(d) Be physically present when there are children under the age of 36 months playing outside; and

(e) Be physically present when kindergarten-age or younger children are playing outside, unless the outside play area is fully fenced and hazard free.

(2) A provider must provide sufficient light in any room where children are napping or resting so that caregivers can clearly see each child’s face from any point in the room.

(3) Background noise (e.g. music, sound machine, white noise machine) must not be so loud as to prevent a caregiver from being able to respond to the needs of the children.

(4) When the caregiver is in a separate room from children, doors shall be kept open wide enough so the caregiver can easily step into the room to do frequent audio and visual checks of the children.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0510 Creating a Healthy Climate for Children

(1) When communicating or interacting with children, a provider must maintain an environment for healthy, culturally responsive child development. Examples of this may include: Giving encouragement and positive feedback, modeling active listening and respectful communication, speaking to children at their eye level, giving kind greetings and goodbyes, validating feelings and ideas, using a calm and encouraging tone of voice, and being curious about the individuality of every child and family.

(2) A provider must encourage positive interactions between children. Examples of this may include: modeling social skills and empathy, helping children understand the feelings of others, providing support to children who find it difficult to make friends, and encouraging play between children of all abilities and backgrounds.

(3) When lifting or moving a child, caregivers must do so in a manner that provides safety and comfort for the child.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0520 Daily Routine & Activities

(1) A provider must give the children’s needs first priority, ensuring they get adequate care and attention.

(2) Immediate attention shall be given to the emotional and physical needs of the children.

(3) A provider must follow a consistent daily routine that allows for flexibility to respond to the needs of the individual children and group of children.

(4) The daily routine must include:

(a) Regular activities such as eating, napping, and toileting;

(b) A balance of active and quiet activities;

(d) Daily indoor and outdoor activities.

(5) A provider must not provide or allow children preschool-age or younger to have more than 5 hours of screen time per week. School-age children may not be provided or allowed more than 10 hours of screen time per week.

(a) Screen time is defined as time spent using electronic devices, including, but not limited to computers, television, tablets, phones and game consoles but does not include assistive or adaptive technology for children with disabilities.

(b) Usage times may be extended for physical activity guidance, special events, projects (i.e., coding lessons), distance/online learning, and homework.

(6) A provider must ensure daily outdoor play for each child, regardless of age, provided weather and environmental conditions do not pose a health or safety risk.

(7) There must be activities for children according to their ages, interest, abilities and cultures. Children’s activities must include opportunities for movement, gross and fine motor, pretend play, art, and literacy.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0600 General Requirements for the Care of Infants and Toddlers

(1) For infants and younger toddlers, a provider must obtain the following information (also see OAR 414-210-0220, Children’s Records):

(a) Schedule of feeding;

(b) Types of food introduced and timetable for new foods;

(d) Child's way of communicating and being comforted.

(2) A provider must be responsive to each infant and toddler’s individual, physical, and developmental needs.

(3) A provider must allow infants and young toddlers:

(a) To form and follow their own pattern of sleeping and waking periods;

(b) Opportunities throughout the day to move freely in a safe, clean, open, and uncluttered area; and

(4) A provider must not leave an awake child in a play yard, for the purposes of playing, for more than 30 minutes in any 2 hour period.

(5) Restrictive infant equipment, including, but not limited to, bouncers, exersaucers, swings, infant seats, high and low chairs or structured infant carriers may be used for no more than 30 minutes in any 2 hour period.

(a) Children who are actively engaged in eating, outdoor walks, or car rides can exceed the 30 minute limit for restrictive infant equipment used in these activities.

(b) Car seats may not be used except for transportation purposes.

(6) Throughout the day, a provider must engage each infant and toddler in frequent, multiple, and social interactions by providing physical contact and individual attention (e.g., being held, rocked, talked to, sung to, and taken on walks inside and outside the home).

(7) A provider must encourage the development of self-help skills (dressing, toileting, washing, eating) as children show interest.

(8) All caregivers must take appropriate precautions to prevent shaken baby syndrome and abusive head trauma.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0610 Feeding Infants and Toddlers

(1) A provider must ensure that children under 12 months of age shall comply with the following requirements for those children:

(a) A provider must have and follow a written feeding plan and schedule that includes the types and amounts of formula, human milk, and food that is obtained from the child’s parent(s) and updated regularly.

(b) A provider must feed the child on their own feeding schedule and fed when hungry.

(c) A provider must clearly mark formula, human milk, bottles, and food provided by the parent(s) with the child's full name and date and refrigerate if required.

(d) A provider may not give infant formula to an infant who consumes human milk, without parental consent.

(e) A provider must give human milk only to the child specified to receive it by the parent(s).

(f) Human milk must:

(A) Be labeled with the child's full name and the date expressed;

(B) Be stored for no more than:

(i) 24 hours in the refrigerator when thawed or defrosting; or

(ii) Six months from the expression date in the freezer.

(D) Not reused after 2 hours from serving.

(g) When formula is served, the caregiver must follow the manufacturer's instructions for mixing, storing, and discarding of any formula, unless requested by the child’s parent(s) and with a medical practitioner’s written permission.

(h) Whole milk, skim milk, 1 percent milk, and 2 percent milk must not be served unless requested by the child's parent(s) and with a medical practitioner’s written permission.

(i) A provider must not serve juice of any kind to infants, unless advised by a medical practitioner.

(j) When bottle feeding, bottle may only contain formula or human milk, and may not be combined with cereal, fruit juice, or other foods without a medical practitioner’s written permission.

(k) A provider must not give infants under six months of age water to drink without written approval by a medical professional.

(l) A provider must warm bottles only in one of the following ways: under running, warm tap water; using a commercial bottle warmer; stove top warming methods, or slow-cooking device; or by placing them in a container of warm water.

(A) Bottles must not be warmed in microwave ovens.

(B) Once warmed, a bottle must not be returned to the refrigerator or re-warmed.

(m) Solid foods fed to infants must be selected from the Child and Adult Care Food Program Meal Pattern (CACFP):

(A) Solid foods must not be fed to infants less than four months of age;

(B) Commercially packaged baby food must be served from a dish and not directly from the factory-sealed container;

(D) Solid foods, with the exception of finger foods, must be fed with a spoon.

(n) Honey or food containing honey must not be served to infants.

(2) When bottle feeding, a provider must:

(a) Hold infants up to 6 months of age and older children who cannot hold their own bottles or sit alone; and

(b) Ensure the infant’s head is elevated while being fed.

(3) A provider must not lay a child of any age down with a bottle or training cup.

(4) A provider must not prop a bottle by any means at any time.

(5) When feeding solid foods, a provider must ensure that infants are fed in an upright position.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0620 Furniture and Equipment for Infants and Toddlers

(1) A provider must provide an individual crib, portable crib, or play yard for each infant.

(a) Each crib, portable crib, or play yard must:

(A) Comply with Consumer Product Safety Commission(CPSC) standards for use by infants and have documentation from the manufacturer or retailer stating that either the crib was manufactured after June 28, 2011 or the play yard was manufactured after February 28, 2013;

(B) Have a firm, flat, non-inclined sleep surface;

(i) Be designed to fit the specific equipment used, with no gap between the mattress and sides of the product;

(ii) Be covered in a durable, washable, waterproof, form-fitting material;

(iii) Be firm enough that it maintains its shape and does not indent or conform to the shape of the infant’s head; and

(iv) Be covered in a tight-fitting sheet that remains tightly-fitted with normal use and does not have any slack or bunching.

(b) Bassinets are prohibited.

(d) Sheets must be changed when soiled, before use by another child, and at a minimum of once a week.

(2) Crib bumper pads must not be on the premises of a registered family child care home.

(3) To support traditional indigenous practices, a provider may allow cradleboards or other traditional indigenous sleep equipment to be used as a sleep surface for infants. Caregivers must be careful to not over-bundle or overheat an infant while using the equipment.

(4) If a provider uses high chairs, the chairs must comply with current Consumer Product Safety Commission (CPSC) standards and have:

(a) A broad base to prevent tipping;

(b) A latch to keep a child from raising the tray; and

(5) If a provider uses clip-on chairs, the chairs must have straps to prevent a child from sliding out.

(6) A provider must provide a variety and adequate supply of developmentally appropriate materials that are stimulating to a child’s senses. Materials must not be a choking hazard including toys and removable parts with a diameter less than 1-¼ inches, plastic bags, Styrofoam, and rubber or latex balloons.

(7) A provider may not use the following equipment for infants, which have been identified as unsafe for infants by the Consumer Product Safety Commission (CPSC) and the American Academy of Pediatrics:

(a) Baby walkers, which are devices that allow an infant to sit inside and are equipped with rollers or wheels and move across the floor;

(b) Baby doorway jumpers, which are devices that allow an infant to bounce while supported in a seat by an elastic "bungee cord" suspended from a doorway;

(d) Unstructured infant slings or wraps.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0630 Safe Sleep

(1) In addition to safe equipment (OAR 414-210-0620), a provider must follow safe sleep practices for infants to reduce the risk of sudden unexpected infant death (SUID) as follows:

(a) While sleeping, infants must be monitored frequently to ensure they are breathing, not overheated, not in distress, and do not need assistance.

(b) Infants must be placed on their backs on a flat, firm, non-inclined surface for sleeping.

(d) Except for a plain pacifier, there must not be any items (e.g., pacifier clips, bottles, toys, pillows, stuffed animals, blankets, bumpers) in or attached to the crib, portable crib or play yard.

(e) Infants must not have their heads or faces covered by items such as blankets or linens at any time.

(f) There must not be any items (e.g. blankets, tents, sheets) placed over the top or on the sides of a crib, portable crib or play yard.

(g) Items that may cause suffocation or strangulation such as headwear (e.g. hoods, hats, headbands), bibs, necklaces, and garments with ties or drawstrings must be removed from the infant and sleep equipment prior to laying an infant down to rest.

(h) Swaddling or other clothing or covering that restricts the infant's arm or leg movement is prohibited at all times, even if the child is not sleeping.

(i) Weighted blankets, weighted clothing, or other weighted objects must not be placed on or near the sleeping infant.

(j) If the caregiver is engaged in an activity with child care children and is carrying a sleeping infant in a structured infant carrier, the caregiver must move the infant to a safe sleep surface as soon as the activity is finished.

(k) A caregiver may hold a sleeping infant provided the caregiver can immediately observe, see, or feel any signs of distress. The caregiver must be awake, alert, and focused on the infant; and

(l) If an infant arrives asleep in a car seat or falls asleep in a place other than their crib, portable crib or play yard, the caregiver must immediately move the infant to an appropriate sleep surface.

(2) Alternative sleep positions may only be used with an CCLD approved exception request, which must include a medical reason and instructions from a physician.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0650 Diaper Changing and Toileting

(1) A provider must change wet or soiled diapers promptly. Unless the child is asleep, a child’s diaper must be checked at a minimum of every 2 hours, or more frequently to meet the individual child’s needs. Diapers must be changed when a child exhibits behavior that suggests a wet or soiled diaper.

(2) If infants and toddlers are in care, a provider must have a diaper changing area.

(a) The diaper changing area must be located so that handwashing can occur immediately after diapering without contact with other surfaces or other children.

(b) The diaper changing surface must be sturdy, smooth, non-absorbent, easily cleanable, and free of tears or repairs.

(c) The diaper changing surface must be kept free of all objects except for diapering items and not used for other purposes.

(d) Children must never be left unattended on an elevated changing surface.

(e) A disinfecting solution must be kept in each diaper-changing area ready for immediate use and stored out of children’s reach.

(3) If a provider uses cloth or reusable diapers, the soiled diapers must:

(a) Not be rinsed;

(b) Be placed in a securely sealed, moisture-proof bag;

(d) Be cleaned by a commercial laundry service or given daily to the child’s parent or guardian.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0660 Cleaning and Sanitizing Infant and Toddler Areas

(1) A provider must clean and sanitize infant and toddler toys regularly and when soiled.

(2) A provider must wash, rinse, and sanitize the following after each use:

(a) Bottles and training cups, if used; and

(b) High chairs, tables and chairs.

(3) A provider must wash, rinse, and disinfect the following immediately after use:

(a) A diaper-changing surface;

(b) Toilet training seat inserts or potty chairs; and

(d) Any surface contaminated with bodily fluids.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0700 Behavior and Guidance

(1) A provider must have a written policy on behavior and guidance of children that is simple and understandable to the child, the parent(s), and all caregivers (also see OAR 414-210-0200, Policies).

(2) A provider’s behavior and guidance policy must include the use of positive guidance to help children develop self-regulation, self-direction, and respect for others through these approaches:

(a) Setting and teaching simple, consistent, clear and positive rules and limits that children can understand;

(b) Setting up the environment for success with engaging activities that encourage positive behavior and self-regulation;

(d) Taking steps to prevent problems before they occur and explaining safe, natural and logical consequences related to a child’s behavior;

(e) Helping children recognize and appropriately express their feelings and understand the feelings of others;

(f) Modeling and teaching social skills such as taking turns, cooperation, waiting, treating others kindly, and problem solving; and

(g) Redirecting or helping a child change their focus when necessary.

(3) A provider must ensure that only caregivers shall provide guidance to a child.

(4) A provider must provide guidance that is fair, consistently applied, timely, and appropriate to the behavior, age, and development of the child.

(5) A provider must appropriately intervene to stop the unfair treatment of a child based on the individual child’s family, gender, race, ethnicity, economic status, ability, religion, or cultural background. Interventions may include, but are not limited to:

(a) Redirecting an inappropriate conversation or behavior;

(b) Being aware of situations that may involve unfair treatment of a child, responding appropriately, taking actions to prevent future occurrences; and

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0710 Prohibited Discipline and Actions

A provider must not use or threaten to use any of the following prohibited actions even if requested by parents:

(1) Rough or harsh handling of children or use of corporal punishment in any form, including, but not limited to hitting, spanking, slapping, shaking, swatting, throwing, jerking, pinching, biting, or other measures that produce physical pain;

(2) Bind or restrict a child's movement unless permitted under OAR 414-210-0720, Physical Restraint;

(3) Using unauthorized prescription or non-prescription drugs or chemicals for discipline or to control behavior;

(4) Confining or isolating a child in an enclosed or darkened area (e.g., a locked or closed room, bathroom, closet, or box for punishment);

(5) Withdrawing, denying or forcing food, rest, or toileting;

(6) Forcing or compelling a child to eat or placing soap, food, spices, or foreign substances in the child’s mouth;

(7) Exposing a child to extremes of temperature;

(8) Yelling harshly or using profane or abusive language;

(9) Punishing or demeaning a child for toileting accidents or refusing to eat food;

(10) Allowing any form of mental or emotional punishment or verbal abuse, including but not limited to public or private humiliation, name calling, teasing, ridicule, intimidation, making derogatory or sarcastic remarks about a child's family, race, gender, religion, or cultural background, rejecting, frightening, neglecting, or corrupting a child;

(11) Demanding excessive physical exercise, excessive rest, or strenuous postures; or

(12) Requiring a child to remain silent or inactive or removing a child from all activities or the group for excessive periods of time.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0720 Physical Restraint

(1) A provider may only use physical restraint if:

(a) A child’s safety or the safety of others is threatened; and

(b) The provider has complied with all elements of Behavior and Guidance listed in OAR 414-210-0700(2)(a) through (g).

(2) Physical restraint must be:

(a) Limited to holding a child as gently as possible to accomplish restraint;

(b) Limited to the minimum amount of time necessary to control the situation; and

(3) A provider must not use bonds, ties, blankets, straps, or weights (including an adult sitting on a child) to physically restrain children.

(4) A provider must discontinue the use of physical restraint if they sense a loss of their own self-control or concern for the child when using physical restraint.

(5) If physical restraint is used, a provider must:

(a) Report the use of physical restraint pursuant to OAR 414-210-0270, Notifications;

(b) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate; and

(c) Document the incident in the child's file, including the date, time, duration, caregivers involved, and what happened before, during, and after the child was restrained.

(6) If physical restraint is used more than once on a specific child, the provider must develop a written plan with input from individuals who have knowledge of the child’s behaviors, including, but not limited to: the child's primary care provider, mental health provider, school counselor, and the parents or guardians, to address underlying issues and reduce the need for further physical restraint. A provider must notify CCLD when a written plan has been developed.

(7) If not done previously, a provider must contact Every Child Belongs if physical restraint is used more than once on a specific young child. The provider must contact Every Child Belongs by 5:00pm the next business day.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0750 Suspension and Expulsion Prevention

(1) A provider must develop and implement a suspension and expulsion prevention policy. The intent of the suspension and expulsion prevention policy is to ensure that young children are supported to remain in care.

(2) The suspension and expulsion prevention policy must:

(a) Be consistent with the provider’s Behavior and Guidance policy (OAR 414-210-0700);

(b) Identify existing supports or tools that may be accessed;

(d) Identify when the provider will request services from Every Child Belongs (ECB); and

(e) Include the method that the provider will use to notify a family of concerns related to a child’s behavior, such as written notification or an in-person conference.

(3) When a young child is facing potential expulsion, as defined in these rules, a provider must:

(a) Document the challenging behaviors and any known triggers (for example: specific activities, times of day, transitions);

(b) Document what strategies and supports the provider has used to support the child and their effectiveness;

(d) Concurrently with the request for services from ECB, notify the child’s family regarding the behavior concerns to:

(A) Begin to collaboratively problem-solve to identify potential strategies and supports for the child; and

(B) Establish frequency and method of ongoing communication with the family.

(4) If the provider is unable to connect with the child’s family, as outlined in OAR 414-210-0750(3)(d), the provider must attempt alternative methods of communication and document those attempts.

(5) A provider may implement a temporary safety-based intervention if a child’s behavior creates a serious safety threat, as defined by these rules.

(6) A provider may only use a temporary safety-based intervention if:

(a) There is behavior that meets the definition of serious safety threat. The provider must document the behavior; and

(b) The provider has attempted to address the behavior through strategies outlined in their Behavior and Guidance Policy (OAR 414-210-0700), strategies suggested by the family, and any recommendations from professionals previously consulted about the child.

(7) If a provider initiates a temporary safety-based intervention, the provider must:

(a) Notify the child's family or other emergency contact immediately;

(b) Contact ECB immediately to request services, if not already done; and

(8) The length of a temporary safety-based intervention may only be for the time necessary to incorporate supports to reduce the occurrence of the behavior. The temporary safety-based intervention must end as soon as safety can be maintained with supports in place.

(9) The provider must document the basis for the duration of the temporary safety-based intervention.

(10) During the temporary safety-based intervention, the provider must communicate with the family regarding:

(a) Updates on access to supports;

(b) Any changes to the child’s behaviors while not in care; and

(11) If requested by CCLD, a provider must update CCLD if the expected duration of the temporary safety-based intervention changes.

(12) If applicable, prior to renewing a registered family child care license, the provider must have complied with OAR 414-210-0750(3)(c).

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330 & ORS 329A.600
DELC 9-2026, adopt filed 06/29/2026, effective 09/01/2026

Or. Admin. R. 414-210-0810 Home Structure and Safety

(1) A registered family child care may only conduct care in space designed or remodeled as living quarters.

(2) Apartments located on the second floor and above are not eligible for licensure no matter the configuration of exits.

(3) The exit requirements listed in OAR 414-210-0810(4) apply to:

(a) Registered family child cares with initial licensure on or after July 1, 2025; or

(b) An existing registered family child care that applies for a change of address on or after July 1, 2025.

(4) All floors of the home used for child care activities must have two exits.

(a) One exit on each floor must be a door that exits directly outside to ground level and meets the following requirements:

(A) The door may not exit through a garage or carport.

(B) The door must be able to be opened from the inside without the use of a key, or special knowledge or effort.

(i) Be within three feet of a permanently installed cooking appliance; nor

(ii) Be required to pass through a storage room or through a room that can be locked to prevent access.

(b) The second exit may either be a door that exits directly outside to ground level or an operable window that meets the following requirements:

(A) A minimum net clear opening of 5 square feet;

(B) A minimum net clear height of 24 inches;

(D) The bottom of the opening located no more than 44 inches from the finished floor; and

(E) The bottom of the opening located no more than 48 inches off of the ground outside of the home. If higher than 48 inches, steps or a platform must be placed under the window to reduce the distance to 48 inches.

(5) The exit requirements listed in OAR 414-210-0810(6) through (7) apply to:

(a) Registered family child care homes with initial licensure prior to July 1, 2025; or

(b) A location previously licensed by CCLD at any time.

(6) All floor levels used by children must have access to two usable exits to the outdoors. For the purposes of this rule “usable exit” is defined as 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

(7) If a basement is used for child care purposes, the requirement for two usable exits may be met by one of the following:

(a) A sliding glass door or swinging door to the outside and a window that meets the definition of a useable exit; or

(b) A window which meets the definition of a useable exit and an internal stairway to ground level that has unobstructed and direct access to the outdoors.

(A) Steps must be placed under the window to allow children to exit without assistance; and

(B) The window must be kept in good working condition.

(d) If a window used as an exit has a window well, a mechanism must be in place to allow children to exit the window well.

(e) The provider must complete a daily inspection to ensure that evacuation routes are clear and usable exits, including doors and escape windows, are operable.

(8) Second floors (does not apply to providers registered continuously at the same address before 2009, unless the provider has moved the child care license to a new residence):

(a) Child care children shall not sleep on the second floor or above;

(b) Care shall not be provided for infants and toddlers on the second floor or above;

(d) Children may be allowed on the second floor to use the bathroom if the only bathroom is on the second floor;

(e) Care can be provided for preschool and school-age children on the second floor or above, if:

(A) There are two staircases to the ground level and all children are mobile enough to exit safely; or

(B) The designated fire code official has approved the use of the upper floor.

(9) A provider must ensure that children do not have access to heating equipment such as furnaces, fireplaces, stoves, steam and hot water pipes, and electric space heaters.

(10) A registered family child care’s heating equipment must be safe to operate.

(a) Flammable materials including papers, curtains, and furniture must be at least 3 feet from furnaces, fireplaces, and other heating devices.

(b) Fireplaces, fireplace inserts, and wood/corn pellet stoves, if used, must:

(A) Have a secure, stable protective barrier; and

(B) Be inspected and cleaned annually.

(A) Be attended while in use and be off when unattended;

(B) Have an automatic shut off feature for tipping over and overheating;

(D) Bear the safety certification mark of a nationally recognized testing laboratory;

(E) Be placed only on the floor;

(F) Be properly vented, as required for proper functioning; and

(G) Be used according to the manufacturer’s instructions.

(11) Activity areas must be adequately lighted and ventilated.

(a) Doors and windows which are opened for ventilation must be equipped with fine-meshed screens.

(b) After painting or laying carpet, the child care home must be aired out completely for at least 24 hours with good ventilation before children are allowed to return.

(12) A registered family child care’s electrical system must not a pose a risk to children.

(a) Unused electrical outlets accessible to children preschool-age and younger must be tamper-resistant or have outlet covers that are not easily removed by children.

(b) Electrical wiring and power strips with surge protectors must be inaccessible to child care children.

(d) Extension cords may only be used for a brief, temporary purpose and must not replace direct wiring.

(13) When the indoor temperature is lower than 68°F or higher than 85°F, a provider must utilize strategies to help children stay warm or cool.

(14) A provider must ensure the following home safety measures:

(a) Phone service is available in the home during operating hours.

(b) Floors must be free of splinters, large unsealed cracks, sliding rugs and other hazards.

(c) Windows above the ground floor that are accessible to children preschool-age and younger must be equipped with a lock to prevent opening more than 4 inches.

(d) Vertical blinds, continuous looped blinds, and drapery cords must either be out of reach of children or have tension or tie-down devices to hold the cords tight.

(e) Indoor platforms and lofts more than 30 inches in height must have protective barriers.

(f) A movable barrier, e.g. baby gate, must be placed at the top and/or bottom of all stairways accessible to infants and toddlers.

(g) Clear glass panels must be clearly marked at children’s eye level.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0820 Water Supply and Plumbing

(1) A registered family child care's water supply must be from a public water supply or well, and must be tested for lead, unless the registered family child care uses an CCLD approved alternative water source.

(2) A provider must test each faucet used for drinking or food preparation for lead in the water, unless the home uses an CCLD approved alternative water source.

(3) If the water supply does not meet applicable levels established in (4), the provider must obtain a sufficient supply of potable water, such as bottled water, to ensure compliance with rules for drinking and cooking until treatment or an alternate source is obtained. The faucet must not be used for consumption or food preparation until the lead levels have been mitigated.

(4) After initial testing, a provider must test all drinking water faucets or fixtures for lead at least once every 6 years from the date of the last test. There must be no more than 15 parts per billion (ppb) of lead.

(5) All testing must be performed by a laboratory accredited by the Oregon Laboratory Accreditation Program according to standards set under OAR chapter 333, division 64 in effect as of September 30, 2018. All sample collection and testing must be in accordance with the EPA’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by reference.

(6) A provider must submit all test results to CCLD within 10 calendar days of receiving the results from the laboratory. The test results must be accompanied by a written statement that identifies the location of each drinking water faucet or fixture tested.

(7) If test results show that water from any drinking water faucet or fixture has unsafe levels of lead, a provider:

(a) Must prevent access to that drinking water faucet or fixture immediately after receiving the test results and until mitigation is complete;

(b) Must use only bottled or packaged water to meet the requirements of this section;

(c) Must submit a corrective action plan to CCLD for approval within 60 days of receiving the test results. The corrective action plan must identify an appropriate mitigation strategy in accordance with Module 6 of the EPA’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by reference;

(d) Must implement the mitigation method within 30 days of approval by CCLD; and

(e) May consult with the Oregon Health Authority for technical assistance.

(8) A provider must keep a copy of the most recent test results on site at all times.

(9) If a provider does not use any of the on-site plumbing fixtures to obtain water for drinking, cooking, preparing infant formula, or preparing food, the provider must:

(a) Submit a written statement at the time of renewal to CCLD identifying the alternative source of water and confirming that the provider does not use any on-site plumbing fixtures for drinking, cooking, or preparing food; and

(b) Notify CCLD in writing if the alternative source of water changes.

(10) If a faucet has not been tested within 6 years, a provider must discontinue using that faucet until testing is completed and the results are below 15 parts per billion (ppb) of lead.

(11) If using a private well, additional testing must be completed prior to initial license and, at a minimum, every two years after initial testing.

(a) Well water must be tested for:

(A) Coliform and E.coli bacteria;

(B) Nitrate; and

(b) Testing must be completed by an Oregon Environmental Laboratory Accreditation Program (ORELAP) accredited laboratory.

(d) If the well water does not meet safety standards, the provider must discontinue use of the water source, as per recommendation of the local public health authority. The provider must establish and implement a mitigation plan under the guidance of the local public health authority, until such time that the well water is deemed safe for use.

(e) For registered family child care homes initially licensed prior to July 1, 2025, testing identified in (11) must be completed prior to the next renewal and at a minimum every two years after initial testing.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0830 Toilets, Hand Washing Sinks, and Bathing

(1) A registered family child care home must have at least one flush toilet and one handwashing sink available to children at all times.

(a) Toilets must be supplied with toilet paper.

(b) All handwashing sinks must:

(A) Have mixing faucets with both hot and cold running water. Registered family child care homes with certification in effect on September 15, 2002, shall comply with the requirement for mixing faucets when bathroom facilities are remodeled.

(B) Have soap and single-use towels or clean cloth towels that are laundered daily or when visibly soiled; and

(c) Easily-cleanable steps or a broad-based platform with a non-slip surface so that children can use the toilets and sinks comfortably and without adult assistance must be provided.

(2) If infants and toddlers are in care there shall be a bathtub, baby bathtub, plastic basin, or similar size shallow sink available for bathing children.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0840 Prevention and Management of Hazards

(1) A provider must ensure that the following items are inaccessible to children as defined in OAR 414-210-0100(21):

(a) All toxic or potentially dangerous items;

(b) Cleaning, sanitizing and disinfecting supplies and equipment;

(d) Tobacco products, smokeless or vaping devices;

(e) Alcohol;

(f) Flammable materials, including matches and lighters, and corrosive materials;

(g) Knives and other sharp objects; and

(h) Motorized yard or power tools.

(2) Toxic substances must be stored separately from medication, food service equipment, and food supplies.

(3) Products must be stored in the original labeled containers. Any smaller containers or solutions mixed by caregivers must be labeled with the contents of the container.

(4) A provider must take steps to prevent children’s exposure to the following, if they exist on the premises:

(a) Any sources of lead and lead based paint. Painted surfaces must be in good condition, both inside and outside, to avoid exposing children to lead-based paint;

(b) Asbestos;

(d) Other identified toxins and hazards.

(5) A provider must recognize, address or remove potentially dangerous items and situations, using protective barriers to prevent children’s access, if needed. Caregivers must:

(a) Regularly inspect the indoor and outdoor play areas and equipment for hazards, such as missing parts or broken equipment, sharp edges, splinters, and trash;

(b) Ensure open containers of water such as bathtubs, buckets, and mop pails are emptied immediately after use;

(d) Ensure that all plastic bags that are large enough to fit over a child’s head are inaccessible to children.

(6) A provider must not permit the use of any tobacco products such as cigarettes, cigars, and smokeless or vaping devices, drug paraphernalia, hemp, marijuana and marijuana infused products on the premises during operating hours or when child care children are present. This includes:

(a) In the child care home;

(b) In the outdoor play area;

(c) Within 10 feet of any entrance, exit, or window that opens or any ventilation intake that serves an enclosed area; or

(d) In any vehicles where child care children are present or on any field trip.

(7) All marijuana, marijuana derivatives and associated paraphernalia must be stored through one of the following methods:

(a) Under a child safety device or child safety lock; or

(b) In a locked room.

(8) No one shall grow or distribute marijuana on the registered family child care premises.

(9) No one shall consume alcohol on the registered family child care premises during operating hours or when child care children are present.

(10) No one shall possess, use or store illegal controlled substances on the registered family child care premises.

(11) Firearms, BB guns, pellet guns and arrows must be kept under lock, such as a key, combination, or biometric lock. A child safety lock or trigger lock does not meet this requirement.

(a) Ammunition must be stored and locked separately.

(b) Firearms, BB guns, and pellet guns must be kept unloaded.

(12) A provider must prevent access to all pools and other bodies of water such as hot tubs, spas, ponds, creeks, fountains, ornamental ponds, rain barrels.

(a) Pools and hot tubs must be made inaccessible through one of the following methods:

(A) A locking, rigid cover;

(B) A minimum four foot high fence that begins at ground level, and all gates and doors that allow access are locked;

(D) In a locked room or all doors that access the area are locked.

(b) For registered family child cares with licensure prior to July 1, 2025, ornamental and natural ponds within the child care outdoor play area must be made inaccessible through one of the following methods:

(A) Enclosed by a secure barrier and locked with either a key or a combination lock;

(B) A grate on top of a small pond of sufficient strength and rigidity to prevent children from falling into the water. The grate must be locked or secured to prevent removal; or

(C) A locked door to the outside area where the pond is located as long as the door is always locked during operating hours and children are not using the outside area where the pond is located.

(c) For registered family child cares with licensure on or after July 1, 2025, ornamental or natural ponds are prohibited in the child care outdoor play area. Registered family child cares licensed prior to July 1, 2025 are prohibited from adding a new ornamental pond or natural pond to the child care outdoor activity area.

(d) If the premises has an unfenced bay, creek or other body of water that is accessible to the child care children, the provider must be physically present with children of all ages while outdoors, or the children must play in a specified area from which the body of water is not accessible.

(13) A registered family child care must keep the home free of insects, rodents, and other pests.

(a) Automatic insecticides dispensers, vaporizers, or fumigants must not be used.

(b) Pest control products must not be applied or used when child care children are present. After their application, child care children must not enter the area until indicated by the manufacturer's instructions.

(14) A provider must take precautions to protect children from vehicular traffic:

(a) Require drop off and pick up only at the curb or at an off-street location protected from traffic; and

(b) Assure that any caregiver who supervises drop-off and loading can see and assure that children are clear of the perimeter of all vehicles before any vehicle moves.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0850 Maintenance and Sanitation

(1) The registered family child care home and grounds shall be kept clean and free of litter or rubbish and unused or inoperable equipment, and vehicles.

(a) All garbage, solid waste, and refuse must be disposed of regularly, in a safe and sanitary manner.

(b) Outdoor garbage storage must be inaccessible to children.

(2) Unused appliances, such as old refrigerators or freezers, that present a risk for entrapment, must be secured so as to prevent entry.

(3) A provider must maintain the building, equipment, and vehicles in good repair, in a clean and sanitary condition.

(a) Floors, walls, ceilings and fixtures of all rooms must be kept clean and in good repair.

(b) Surfaces and objects that are frequently touched must be routinely be cleaned, sanitized and disinfected.

(c) The kitchen and bathrooms used for child care must be cleaned and sanitized or disinfected as needed and at least daily.

(4) All toys, equipment and furniture used by children must be cleaned, rinsed and sanitized regularly and whenever soiled.

(a) Water tables, similar containers, and water toys must be emptied and sanitized daily or more often if necessary.

(b) Bedding must be cleaned at least weekly, or more often if soiled and before use by another child.

(c) If using mats and cots, they must be cleaned and sanitized at least once a week, or more often when soiled and before use by another child.

(5) A provider must immediately clean up any spills of bodily fluids, such as urine, feces, blood, vomit, and other bodily fluids as follows:

(a) Caregivers must use disposable, nonporous gloves when handling bodily fluids;

(b) Surfaces must be cleaned and disinfected;

(d) Gloves must be removed immediately after use, placed in a tied, sealed, or otherwise closed plastic bag and discarded immediately; and

(e) Hands must be washed after using and disposing of the gloves.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0860 Fire Protection

(1) Doorways, evacuation routes, and exits must be kept free of materials, furniture, equipment and debris to allow unobstructed access to the outdoors. The provider must complete a daily inspection to ensure that evacuation routes are clear and exits, including doors and escape windows, are operable.

(2) Flammable and combustible materials:

(a) Must be stored in the original container or a safety container;

(b) Must not be stored within 4 feet of furnaces, other flame or heat-producing equipment, or fuel-fired water heaters; and

(3) Heating and air vents, filters and dryer vents must be cleaned regularly to prevent lint build-up.

(4) Items with open flames must not be used, expect for the brief supervised use of candles.

(5) There must be at least one 2-A-10 BC rated fire extinguisher on each floor of the home, unless the floor is not under the direct control of the provider.

(a) Fire extinguishers on floors where child care occurs must be designated on the floor plan required in OAR 414-210-0260(2) and either mounted or stored along the primary evacuation route. Fire extinguishers must be easily accessible and visible.

(b) If fire extinguishers are stored in a cabinet or closet, they must be mounted and there must be a sign indicating that the fire extinguisher is located inside. Obstructions, including furniture, storage of supplies, or any other items shall not be placed in a manner that blocks access to the cabinet or closet.

(6) Smoke alarms and carbon monoxide detectors must be:

(a) Installed on each floor level of the home and in any area where children nap. If installed outside of a room used for napping, it must be located within 6 feet of the doorway to the room;

(b) Maintained in operating order; and

(7) Fire drills must be practiced monthly at various times during child care operating hours.

(a) Fire drills must include a drill using an alternate evacuation route at least once per year.

(b) A fire drill must be conducted when required by CCLD during an announced visit.

(c) Caregivers must have an alert method (for example, a smoke alarm, strobe light, loud bell or whistle) to warn the occupants of the home of an emergency or drill.

(d) A provider must demonstrate efforts to complete full evacuation of caregivers and child care children within three minutes. If unable to evacuate within three minutes, the provider must engage in additional efforts including one or more of the following:

(A) Using evacuation cribs, strollers/buggies, or wagons;

(B) Providing caregivers with additional training;

(D) Providing children with clear and direct instructions that are age-appropriate about what is happening during the drill;

(E) Reviewing and editing emergency plans and evacuation routes;

(F) Conducting additional evacuation drills;

(G) Incorporating fire safety planning into curriculum; and

(H) Other strategies identified by CCLD.

(e) One other aspect of the emergency preparedness and response plan in addition to the monthly fire drills shall be practiced at least every other month and must follow the recording requirements listed in OAR 414-210-0860(8).

(8) A provider must maintain a written record of each emergency preparedness drill showing:

(a) The date and time;

(b) The exits used;

(d) The total number of people in the home at the time of the drill;

(e) The amount of time taken to evacuate the home;

(f) The name of the person conducting the drill; and

(g) The alert method used.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0900 Furniture, Equipment and Play Materials

(1) A provider must ensure furniture, equipment and play materials used by child care children are maintained in a hazard free condition.

(2) Broken play materials, furniture and equipment must be removed from areas accessible to child care children.

(3) Play materials and equipment must:

(a) Be safe, clean, durable, well constructed, and made from lead-free non toxic materials; and

(b) Provide for a wide variety of choices and activities, specified in OAR 414-210-0520, Daily Routine and Activities. Materials and activities must reflect the cultures and interests of children and families in care.

(4) Activities that include a tool that could pose a safety risk (e.g., iron, glue gun, woodworking tool) are limited to preschool and school-age children.

(a) Caregivers must first instruct children in the tool’s proper use and safety measures.

(b) Caregivers must be within arm’s reach of the children participating in the activity to reduce the risk of injury.

(5) A provider must provide an individual bed, mat, cot, or other sleep equipment for

(a) Each toddler and preschool-age child at nap time;

(b) Each school-age child who wants to rest; and

(6) Mats, cots, and other sleep equipment must:

(a) Be durable and in good repair; and

(b) Be able to be cleaned and sanitized.

(7) Floors mats must be:

(a) Designed for sleeping; and

(b) Covered in a water-resistant material.

(8) A provider must ensure that each child 12 months or age and older is provided with individual bedding consisting of at least a sheet or blanket.

(9) Family beds or sofas may be used with individual bedding.

(10) If a child’s parent requests, siblings may share the same bed.

(11) The upper level of bunk beds may only be used for children 10 years of age and older and must have a bed rail and safety ladder in place.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-0920 Outdoor Play Area

(1) Elevated play equipment taller than 18 inches may not be placed on concrete, asphalt, lumber, or similarly hard surface.

(2) Any non-portable piece of climbing or swinging equipment must be anchored securely.

(3) A provider must provide a shaded area accessible to children in the outdoor play areas. Shade may be provided by trees, buildings, or shade structures.

(4) Trampolines, other than rebounders, are prohibited.

(a) Rebounders are permitted only when used according to manufacturer’s instructions.

(b) If a trampoline is in the child care activity area, a provider must ensure that child care children cannot access the trampoline.

(5) Inflatable equipment such as: bounce houses, moon walkers, and giant slides, etc., are permitted when used according to manufacturer’s instructions. Caregivers must be present and physically positioned to respond if needed.

(6) A provider must provide outdoor gross motor activities that address a variety of skills (for example, climbing, balancing, throwing, catching, pedaling, and steering).

(7) A provider must encourage the use of helmets and have them available for children while using a bicycle, tricycle, balance bike, kick scooter, skateboard, roller or in-line skates.

(8) A provider must comply with Oregon bicycle laws while child care children are riding on public paths or roadways.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1000 Handwashing

(1) Caregivers and children must wash their hands with soap and warm running water:

(a) After using the toilet;

(b) After diaper changing;

(d) Before handling food;

(e) Before and after eating;

(f) Before assisting with feeding; and

(g) When switching between working with raw foods and ready-to-eat foods.

(2) Caregivers and children must either wash their hands with soap and warm running water or use hand sanitizer with alcohol content between 60-95%:

(a) After wiping the nose;

(b) After coughing or sneezing;

(d) After handling pet toys or touching animals, other than dogs or cats.

(3) Hand sanitizer must be stored out of reach of children.

(4) Hand sanitizer must not be used on children under 24 months of age.

(5) Application of hand sanitizer on older toddlers and preschool-age children must be supervised by an adult.

(6) When handwashing is not possible, but required by OAR 414-210-1000(1)(a) through (g), e.g. on field trips and on the playground, moist towelettes and hand sanitizer with alcohol content between 60-95% must be used together.

(7) For children who are not able to wash their own hands, caregivers may wash children’s hands with a single-use cloth rather than under running water.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1010 Illness

(1) A provider must not accept a child into care who:

(a) Is diagnosed as having or being a carrier of a child care restrictable disease, as defined in Oregon Health Authority administrative rules, except with the written approval of the public health administrator or licensed health care provider; or

(b) Has one or more of the following symptoms of illness, except with the written approval of the public health administrator or licensed health care provider:

(A) Fever over 100.4°F. A child with a fever over 100.4°F may return if fever free for 24 hours without the aid of medication.

(B) “Diarrhea”, which means three or more watery, bloody, or loose stools in 24 hours, the sudden onset of loose stools, or a child is unable to control bowel function when previously able. A child with diarrhea may return 48 hours after diarrhea resolves or with written clearance from a licensed healthcare provider.

(C) Vomiting at least one time, where there is no explanation for the vomiting. A child who vomits without explanation may return 48 hours after the last episode of vomiting or with written clearance from a licensed healthcare provider.

(D) Severe or persistent coughing. A child with severe or persistent coughing may return after symptoms are improving for 24 hours or with written clearance from a licensed healthcare provider.

(E) Unusual yellow color to skin or eyes. A child with unusual yellow color to skin or eyes may return to care with written clearance from a licensed healthcare provider.

(F) Open sores or wounds discharging bodily fluids. A child with open sores or wounds discharging bodily fluids may return to care after rash is resolved, when sores and wounds are dry or can be completely covered with a bandage, or with written clearance from a licensed health care provider.

(G) Stiff neck and headache with one or more of the symptoms listed above

(H) Uncharacteristic lethargy, decreased alertness, increased irritability, increased confusion, or a behavior change that prevents active participation in usual school activities. A child with any of the above symptoms may return to care when symptoms resolve, return to normal behavior, or with written clearance from a licensed health care provider.

(I) Difficulty breathing or abnormal wheezing. A child with difficulty breathing or abnormal wheezing may return to care after symptoms are improving for 24 hours.

(J) Complaints of severe pain. A child with complaints of severe pain may return to care after symptoms are improving.

(K) Eye lesions that are severe, weeping, or pus filled. A child with eye lesions that are severe, weeping, or pus filled may return to care after symptoms resolve or with written clearance from a licensed healthcare provider.

(2) If a child who has been admitted into care shows signs of illness, as described in this rule, a provider must:

(a) Separate the child from the other children in a location where the child can be supervised by caregivers and carefully observed at all times;

(b) Notify the parent to remove the children from care as soon as possible; and

(c) Until the parent arrives, provide the child with an individual cot, mat, or bed that can be easily cleaned and disinfected after use.

(3) If any child, caregiver or volunteer has a restrictable disease, as defined in Oregon Health Authority, Public Health Division Chapter 333, Division 19 Investigation and Control of Diseases: General Powers And Responsibilities, a provider must:

(a) Immediately report the incident or illness to the local health department;

(b) Follow the health department’s recommendations on exclusion and readmission of children and caregivers; and

(4) A provider must develop a written care plan at the time of enrollment, or when an allergy is identified, for each enrolled child who has an allergy that poses a threat to the child’s health, safety and wellbeing. The plan must include instructions regarding the allergen and steps to be taken to avoid the allergen; signs and symptoms of an allergic reaction; and a detailed treatment plan including the names, doses, and methods of prompt administration of any medication in response to allergic reactions. In addition:

(a) The parent must be notified immediately of any suspected allergic reactions or if the child consumed or came in contact with the allergen, even if a reaction did not occur;

(b) If epinephrine is administered, emergency medical services must be contacted immediately, and, CCLD must be notified by 5:00pm the next business day.

(d) Specific food allergies must be shared with all caregivers that prepare and serve food.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1020 Injuries

(1) A provider must complete a report of any serious injury or incident, and include:

(a) The child’s full name and age;

(b) The date of occurrence, time, type, circumstances, witnesses, and location at the home or off-site;

(d) The signature of the reporting caregiver; and

(e) The signature of the parent indicating that they reviewed it or received a copy of the report within 48 hours of when the incident occurred. An email or text with confirmation of receipt will count as a parent signature.

(2) A provider must maintain, at a minimum, the following first aid supplies at the home, in any vehicle used to transport children in care, and for group activities away from the home:

(a) Non-medicated adhesive bandages (assorted sizes);

(b) Adhesive tape;

(d) A sling, or a large triangular bandage;

(e) Bottled water (for cleaning wounds or eyes);

(f) Liquid handwashing soap or handwashing gel;

(g) Sealed antiseptic towelettes or solution to be used as a wound cleaning agent;

(h) Scissors;

(i) Tweezers;

(j) Disposable latex-free, powder-free gloves;

(k) Plastic bags (for disposing of blood and other body fluids);

(l) Mercury-free and glass-free thermometer;

(m) Cold pack;

(n) Chlorine bleach or other disinfectant for cleaning of blood and other bodily fluids;

(o) Flexible rolled gauze; and

(p) A chart or handbook of first aid instructions.

(3) A provider must ensure that the first aid supplies are readily available to caregivers and kept inaccessible to children.

(4) A provider must maintain the first aid supplies in a clean and sanitary manner and replace them as needed, including expired items.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1030 Medications

(1) Before a provider gives a child any prescription or non-prescription medication, including, but not limited to, pain relievers, cough syrup, and nose drops, the provider must:

(a) Have a signed, dated, written authorization by the parent(s) on file (also see OAR 414-210-0230, Parental Permissions);

(A) For chronic medical conditions, a registered family child care may obtain permission for 12 months or less with specific instructions including when administration is needed, such as inhalers.

(B) Parental authorization over the phone is permitted for single dose administration of non-prescription medication. The date and time of the consent must be documented and signed by the parent upon picking up their child.

(b) Ensure that the original container is labeled with the name of the medication, dosage, and directions for administration and storage.

(A) For prescription medication, the label must include the child’s name, the date the prescription was filled, the prescribing physician's name, and length of time to give the medication.

(B) If parent instructions differ from the container instructions, a registered family child care must have a licensed physician's written instructions for that medication.

(D) Any medication provided by the parents must be labeled with the child’s name.

(c) Ensure that cleaned and sanitized medication measuring devices are used when providing medication to a child care child, if applicable.

(2) A provider must immediately document any medication administered, listing the name of the child, type of medication, date, time, and dosage given, any side effects exhibited by the child, and the signature of the person administering the medication.

(3) A provider must inform parent(s) daily of all medications administered to their child.

(4) If medication is provided by the parent, a provider must administer medication only to the child for whom it is intended, and follow the directions on the label.

(5) A provider must ensure that medication is stored through one of the following methods:

(a) Under a child safety device or child safety lock; or

(b) In a locked room.

(6) Emergency medication may either be inaccessible to children as defined in OAR 414-210-0100(21) or kept with a caregiver.

(7) A provider must keep medications requiring refrigeration in a separate tightly-covered, leakproof container clearly marked "medication" and inaccessible to children.

(8) The application of sunscreen and diaper cream does not need to be documented, but a provider must:

(a) Have annual written parental authorization;

(b) Use only as needed and according to manufacturer’s instructions;

(d) Label the item with the child’s name if provided by the parent, and use only for that child; and

(e) Allow children to apply sunscreen to themselves with direct caregiver supervision and written parental approval.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1050 Care of Children with Specific Needs

(1) For the purpose of this section, a qualified professional includes but is not limited to physician, early intervention/early childhood special education specialist, related service providers, infant and early childhood mental health consultant, behavior specialist, or other similarly qualified professional.

(2) When a qualified professional develops a written care plan for a child with a documented physical, developmental, behavioral, emotional, or medical condition requiring services beyond those typically needed by children of the same age, and the plan is provided to the provider with parental consent, the provider must implement the written care plan, except as provided in subsection (3) of this rule. The written care plan may be developed collaboratively with the family and the provider.

(3) If implementing the written care plan would cause the provider to be out of compliance with these rules, the provider may apply for an exception to accommodate the needs of a specific child as outlined in OAR 414-210-0160.

(4) The provider must ensure that all caregivers that come in contact with the child are aware of and follow the written care plan.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1100 Food and Food Service

(1) A provider must ensure that all food and beverages are selected, stored, prepared, and served in a sanitary manner.

(a) Potentially hazardous foods and drinks must be stored and maintained below 41°F.

(b) Food must be prepared and served in accordance with the minimum standards identified in food handler certification.

(2) Children must not be in the kitchen or food preparation areas when foods are being prepared unless a caregiver is present and children are protected from hazards such as hot foods, sharp utensils, etc.

(3) Food-contact surfaces, service utensils, and tableware must be easily cleanable and in good repair.

(4) Single service items such as paper plates, cups and napkins, and plastic utensils may be used only once and must be discarded after use.

(5) Children that are in care more than 3 ½ consecutive hours must be served a meal or snack every 3 ½ hours.

(6) Children arriving after school must be served a snack.

(7) Children scheduled to attend prior to 7:00 am or after 6:30 pm must be offered breakfast or dinner.

(8) If applicable, children in night care must be provided meals and snacks in accordance with OAR 414-210-1500, Night Care.

(9) A provider must ensure that all meals, snacks, and beverages follow current USDA Child and Adult Food Program (USDA-CACFP) meal pattern requirements, including portion sizes.

(a) Foods of minimal nutritional value, such as gelatin or desserts, may only be served occasionally and cannot replace nutritious foods.

(b) A provider must not serve foods that are associated with young children's choking incidents to children under 3 years of age including, but not limited to: hot dog slices, raw carrots, whole grapes, hard candy, gum, nuts, peanuts, popcorn, rice cakes, chips, gel candies, and marshmallows. Children older than 3 years of age may be served these food provided that the foods are cut in such a way as to minimize choking hazards.

(c) Special diets, not including vegetarian diets, may only be served to a child with written instructions from a registered dietician or medical practitioner and written parental consent.

(d) A provider must make additional servings available if a child remains hungry.

(10) A provider must serve beverages consisting only of water, milk, or nutritionally equivalent milk substitute, and fruit or vegetable juice.

(a) Fruit and vegetable juice must be pasteurized 100 percent juice.

(b) Milk must be Grade A pasteurized and fortified milk.

(d) A parent may request that their child not be served milk. A provider must obtain written parental permission to not serve milk to a specific child. This must be at the parent’s request, on a case-by-case basis, and not a program-wide policy.

(11) A provider may serve a child food provided by the parent of the child only when:

(a) Food is brought on a daily basis and is ready to eat, requiring no preparation;

(b) All food and beverage containers must be labeled with the child’s name;

(c) Each child’s food must be monitored daily by a caregiver to ensure that the food meets nutritional requirements identified in OAR 414-210-1100(9); and

(d) The provider must have sufficient food available to supplement any meal or snack that does not meet the nutritional requirements as specified in OAR 414-210-1100(9).

(12) Drinking water must be freely available to child care children.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1200 Transportation and Field Trips

(1) If a provider transports children, the provider must be in compliance with all applicable state laws, including current vehicle insurance that covers the driver, the vehicle, and all occupants.

(2) A provider must not transport children in vehicles or parts of vehicles not designed for transporting people, such as truck beds, campers, and trailers.

(3) When children are taken on field trips, a provider must ensure that:

(a) Caregivers check a written list of children on the field trip frequently to account for the presence of all children and:

(A) Prior to boarding and exiting the vehicle; and

(B) Any time the group changes locations on site (e.g. when moving from one exhibit to the next).

(b) When 6 or more children are taken on a field trip:

(A) Each child must wear an easily identifiable item, such as a label, shirt or wristband, listing the name and telephone number of the registered family child care; and

(B) Caregivers are easily identifiable.

(4) If firearms and ammunition are stored in the vehicle, they must be stored as specified in OAR 414-210-0840(11).

(5) Only the provider or a substitute provider may transport child care children and must meet the following requirements:

(a) Have a valid driver’s license appropriate for the type of vehicle driven;

(b) Do not have any medical condition or use alcohol, drugs, tobacco or any medication that could compromise driving, supervision, or evacuation abilities;

(d) Eliminate distractions such as the use of earphones or cell phones.

(6) A provider may allow a parent to transport children other than the parent’s own children without a provider or substitute provider present in the vehicle, only if the parent meets substitute provider qualifications and transportation requirements as provided in these rules, and is enrolled in the CBR.

(7) A provider must never leave children unattended inside or outside of a vehicle.

(8) A provider must maintain the following items in the vehicle as well as at the home:

(a) An operable phone;

(b) Proof of vehicle insurance;

(c) Emergency medical information on each child including parents’ contact information, special medical needs, medications, allergies, the name and phone number of the child’s doctor, and emergency medical authorization forms;

(d) When transporting children with chronic medical conditions (such as asthma, diabetes, or seizures), their emergency care treatment plans, supplies and medication; and

(e) A first aid kit that is easily accessible to staff and not children, and with contents specified in OAR 414-210-1020(2), Injuries).

(9) A provider must ensure the following safety practices are followed:

(a) The vehicle doors are locked when the vehicle is moving and when not in use.

(b) The motor is turned off, the brake set, and the keys removed whenever the driver leaves the vehicle.

(c) No vehicle window, except that of the driver, must be opened to more than 50 percent of its capacity when children are on board.

(d) Children's entire bodies must remain in the vehicle.

(e) Safe conduct to and from the vehicles and safe off-street loading spaces must be provided.

(A) Children must be loaded and unloaded only at the curb or at an off-street area protected from traffic on the same side of the street as the building they will enter.

(B) If children must cross a street, they must be accompanied by an adult.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1230 Passenger Restraints and Vehicles

(1) A provider must meet the following passenger restraint and seating rules to ensure children’s safety during transportation:

(a) The manufacturer’s maximum seating capacity for the vehicle is not exceeded;

(b) Child passenger restraint systems and seat belts must be used according to law, meet federal motor vehicle standards and installed in accordance with the manufacturer’s instructions;

(d) Child care children are not permitted to ride in the front seat of a vehicle; and

(e) All adult passengers in a vehicle transporting children, other than a large school bus, must be properly restrained by safety belts before starting the vehicle and at all times the vehicle is in motion.

(2) A provider must ensure that all vehicles used for transportation meet the following:

(a) Vehicles, including school buses, are in compliance with all applicable state and local motor vehicle laws.

(b) If a provider uses vans designed for 10 or more passengers and manufactured prior to 2010:

(A) Travel speed may not exceed 50 mph; and

(B) The vehicle must have an annual safety inspection by a garage, dealership or auto repair shop. Proof of inspection must be on the form provided by CCLD or on a form provided by the inspector which contains the same information.

(c) Vehicles have a current license plate and registration as required by Oregon state transportation laws, including vehicles driven by volunteers.

(d) Vehicles are maintained in good repair and safe operating condition at all times.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1300 Swimming and Water Activities

(1) A provider must have written permission from each child’s parent before engaging in any swimming activities.

(2) A provider must provide constant sight and sound supervision of children around any bodies of water.

(3) A provider must not use a swimming pool unless it has been licensed by the Oregon Health Authority or delegated agent pursuant to OAR Chapter 333, Division 60. (Also see OAR 414-210-0840, Prevention and Management of Hazards regarding access to pools and other bodies of water.)

(4) In natural bodies of water, such as shallow surf, lakes, rivers, and streams, a provider must limit activity to wading by children 36 months of age and older and must not allow swimming.

(5) A provider must not permit children to use or have access to a hot tub, spa, portable wading pool, or other similar equipment.

(6) If a provider has on-site swimming or is responsible for off-site swimming, the provider’s written emergency plan (required by OAR 414-210-0210, Emergency Preparedness and Response) must also include pool and swimming safety.

(7) At all times when children are engaged in swimming and wading activities on or off the premises, a provider must:

(a) Ensure that caregivers are in or at the water and prepared to enter;

(b) Ensure that caregivers remain in direct physical contact with infants at all times and not more than an arms length from 1-year-olds;

(A) Six weeks of age to 36 months - 1:1;

(B) Preschool-age – 1:6;

(D) The age of the youngest child in a mixed-age group determines the caregiver-to-child ratio.

(d) Verify that all caregivers counted in the caregiver-to-child ratios are able to swim if the water is more than 48 inches dep;

(e) Ensure that a certified lifeguard is present and on duty at all times. The lifeguard may not count in caregiver-to-child ratios; and

(f) Review safety rules with children each time they participate.

(8) Water activities that involve a sprayer or spray feature using potable water that is not re-circulated or collected may be conducted by the provider.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1400 Animals

(1) A provider must ensure that any animal accessible to child care children is:

(a) In good health and shows no signs of carrying disease;

(b) Friendly toward children with no signs or history of aggression;

(d) Fully immunized according to a licensed veterinarian's recommendations, including rabies vaccinations for dogs. Proof of current compliance with immunizations shall be kept on file in the home; and

(e) Kept in a cage or tank with the exception of cats and dogs.

(2) All animals shall be kept away from food preparation surfaces. If animals have access to food preparation surfaces, the surfaces shall be cleaned and sanitized prior to meal preparation.

(3) A provider may not allow an animal with any history of biting to be in child care activity areas during operating hours or while child care children are present.

(4) A provider must take precautions when encountering any animals unfamiliar to the caregivers, such as a stray.

(5) A provider may allow an animal, other than a cat or dog, such as a poisonous animal, reptile, amphibian, monkey, hook-beaked bird, chicken, duck, hermit crab, rodent or ferret on the premises only if:

(a) The animal is housed in and remains in a cage, tank or other measure which precludes any direct contact by children; or

(b) The animal is present as part of an educational program run by a zoo, museum or another professional animal handler.

(6) A provider must ensure that all contact between an animal and a child is supervised by a caregiver who are close enough to remove the child immediately if the animal shows signs of aggression or distress or the child shows signs of treating the animal inappropriately.

(7) Parents must be made aware of the presence of any animals on the premises.

(8) Animal waste items such as litter boxes and pet training pads shall not be located in areas accessible to children or areas used for food storage or preparation.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1500 Night Care

(1) A provider is subject to these rules when providing night care as defined in OAR 414-210-0100(28).

(2) A provider must:

(a) Be awake for the arrival and departure of each child in night care; and

(b) Be present on the same floor level as the child care children who are sleeping.

(3) All individuals 18 years of age and older, inclusive of guests sleeping in the home during night care hours, must comply with OAR 414-210-0310, Central Background Registry Enrollment.

(4) Night care must not be provided on the second floor or above.

(5) During night care, a provider must have a method for illuminating evacuation routes.

(6) The following accommodations must be provided to sleeping children:

(a) Each child who spends the majority of their sleeping hours per night in night care must have an individual bed and mattress, or another sleeping arrangement that provides adequate support to a child's body and of a size appropriate to the age of the child. The mattress must be fitted with a waterproof cover.

(b) Each child who does not spend the majority of their sleeping hours in night care must have an individual crib, portable crib, play yard, cot, mat, or bed with bedding as specified in OAR 414-210-0620 Furniture and Equipment for Infants and Toddlers and OAR 414-210-0900 Furniture, Equipment, and Play Materials.

(c) The upper level of bunk beds must be used only for children 10 years or older when a bed rail and safety ladder are in place.

(d) Other than infants, children must be provided with sheets, pillows, pillowcases, and blankets.

(e) Sheets, pillowcases, and blankets must be laundered at least weekly, when soiled, and before use by another child.

(7) When bathing is provided:

(a) There must be at least one bathtub or shower available to children.

(A) The bathtub or shower must have appropriate equipment to prevent slipping.

(B) Glass shower doors or glass tub enclosure must be constructed with safety glass.

(b) There must be individual washcloths and towels for each child.

(d) Children must not bathe with other children unless a parent(s) has given written permission for siblings to bathe together.

(8) Each child must have the opportunity to brush their teeth with an individual toothbrush and toothpaste labeled with their name.

(9) A provider must meet the nutritional needs of children in evening and night care as specified in OAR 414-210-1100, Food and Food Service.

(a) Dinner must be provided to children in night care if a child is at the child care home after their dinner time or has not had dinner before entering night care.

(b) A nutritious snack must be offered to all children after dinner service and before bed.

(c) Each child present at the time breakfast is scheduled must be served breakfast, unless the parent(s) specifies otherwise.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.330
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1610 Sanctions-Suspension, Denial, and Revocation

(1) CCLD may immediately, and without prior notice, suspend a provider’s registration when, in the opinion of CCLD, such action is necessary to protect the children from physical or mental abuse or a substantial threat to health, safety or well‐being. Such action may be taken before an investigation is completed.

(2) If a provider’s registration has been suspended, the provider must:

(a) Immediately notify, verbally or in writing, all parents of the suspension;

(b) Immediately provide CCLD with all names, work and home telephone numbers and addresses of the parent(s) or legal guardian(s) for each child; and

(c) Post the suspension on the main entry door where it can be viewed by parents and others for the duration of the suspension.

(3) If necessary to protect children, CCLD may give public notice of denial, suspension or revocation action taken. The type of notice will depend on individual circumstances.

(4) If a provider does not request a hearing and the conditions which resulted in suspension have not been corrected, the provider’s registration shall be revoked.

(5) Registration may be denied or revoked if a registered family child care home:

(a) Fails to meet requirements or correct deficiencies;

(b) Fails to correct conditions which resulted in suspension;

(d) Refuses to allow an inspection or allows an inspection only after CCLD has obtained a warrant;

(e) Is operated or maintained in a manner which is harmful to the health, safety or wellbeing of children in care;

(f) Employs caregivers or has residents in the home who are not enrolled in the CBR or whose CBR enrollment is suspended;

(g) Is operated by a provider who is currently suspended or has been removed from or is otherwise not enrolled in the CBR;

(h) Knowingly provides inaccurate information to CCLD or causes staff to do so;

(i) Is subject to denial or revocation for cause as provided by OAR 414-075-0010(17)(b)(A)-(F) or 414-075-0130(8)(a) and (c); or

(j) Interferes with the good faith disclosure of information by staff or a volunteer concerning the abuse or mistreatment of a child in the registered family child care violations of registration requirements, criminal activity at the home, violations of state or federal law or any practice that threatens the health and safety of child care children, or otherwise engages in conduct prohibited by ORS 329A.348.

(6) If a provider’s registration has been denied or revoked, the provider must immediately notify all parents of the closure and shall post a notice of the closure where it can be viewed by parents and others. The notice shall remain posted for a minimum of 2 weeks.

(7) A provider may appeal any decision to suspend, deny or revoke the certification, subject to the provisions of chapter 183, Oregon Revised Statutes.

(8) CCLD may report any action to deny, suspend, or revoke a provider’s registration to the Department of Human Services, USDA Child Care Food Programs, or Child Care Resource and Referral System.

(9) If a provider’s registration has been denied or revoked for cause, the provider is not eligible to reapply for a registration family child care registration for 5 years after the date of CCLD’s final order denying or revoking the certification for cause.

(10) If any person, who is enrolled in the CBR, has been charged with, arrested for, or a warrant is out for any of the crimes which CCLD has determined indicate behavior which may have a detrimental effect on a child, with final disposition not yet reached, registration of such person to own or operate a registered family child care may be denied or suspended or revoked until the charge, arrest, or warrant has been resolved if the person continues to own, operate, be employed in or reside in the child care home, or have access to children in the home.

(11) A provider’s registration may be denied, suspended or revoked if an individual has child abuse or neglect history or an open child protective services, child abuse or neglect, or law enforcement case that would make the individual ineligible for enrollment in the CBR.

History

Statutory/Other Authority: ORS 329A.260 & ORS 329A.992
Statutes/Other Implemented: ORS 329A.330 & ORS 329A.992
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Or. Admin. R. 414-210-1620 Civil Penalty

(1) CCLD may assess a civil penalty of up to $750 per violation of these rules or terms and conditions of registration.

(2) CCLD may assess a civil penalty in addition to any other appropriate legal action, considering:

(a) Numbers of previous violations of the same rule;

(b) Circumstances surrounding the rule violations; and

(c) Prior warnings, technical assistance, or legal actions regarding the certified child care center’s compliance with the rule.

(3) For a serious violation, as defined in OAR 414-210-0100(46), a provider may be subject to a civil penalty not to exceed $750 for each violation.

(4) For a non‐serious violation, a provider may be subject to a civil penalty of $250 for each violation.

(5) CCLD may assess a separate civil penalty for each day for which CCLD has made a valid finding that a provider is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. CCLD may assess civil penalties for multiple days in a single action.

(6) An individual or entity that provides child care subject to registration or certification in a home or facility that is not registered or certified with CCLD may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified or unregistered facility.

(7) Notwithstanding CCLD’s decision to impose a civil penalty for one or more rule violations, CCLD may also take action to deny, suspend or revoke a certification for the same rule violation or violations.

(8) A provider may appeal any decision to impose a civil penalty, subject to the provisions of chapter 183, Oregon Revised Statutes.

(9) Failure to pay a civil penalty in which CCLD has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of a provider’s registration.

History

Statutory/Other Authority: ORS 329A.260 & ORS 329A.992
Statutes/Other Implemented: ORS 329A.330 & ORS 329A.992
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025

Division 305 CERTIFIED CHILD CARE CENTERS

Or. Admin. R. 414-305-0100 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) "Attendance" means children present in the care of the center at any given time.

(4) "Behavior and Guidance" means the on‐going process of helping children develop self-control and assume responsibility for their own behaviors and actions.

(5) “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 CCLD is closed.

(6) "Capacity" means the total number of children in care at the certified child care center or in care away from the center at any one time.

(7) "Caregiver" means any person in the center, who works directly with the children, providing care, supervision, and guidance.

(8) “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.

(9) "CCLD" means the Child Care Licensing Division, Department of Early Learning and Care.

(10) "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.

(11) "Child Care Center" or "Center" means a child care facility that is certified to provide care and education of children, generally in a commercial or nonresidential setting, that is not a certified family child care home.

(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;

(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) 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.

(18) “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 center as identified pursuant to OAR 414-305-0260(2)(g) and who meets the qualifications of director as provided in OAR 414-305-0320.

(19) “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.”

(20) "Drop‐in Care" means care provided only on an irregular basis, any time of the day or night for no more than 25 hours per week per child.

(21) “Every Child Belongs (ECB)” is Oregon’s early childhood suspension and expulsion prevention program. The goal of Every Child Belongs is to help early childhood care and education programs keep children in care by offering responsive support when challenges arise.

(22) “Facing Potential Expulsion” refers to the risk of a child being expelled permanently from the certified child care center. Indicators of potential expulsion include, but are not limited to:

(a) The use of strategies identified in the program’s behavior and guidance policy (OAR 414-305-0700) without reducing or eliminating the challenging behavior;

(b) The use of temporary safety-based intervention; or

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

(24) “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.

(25) “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.

(26) “Hazard” means anything that may inflict injury or cause harm.

(27) “Inaccessible to children” means out of reach of children by meeting one of the following requirements:

(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;

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

(28) "Infant" means a child who is 6 weeks to 12 months of age.

(29) "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.

(30) "License" means the document that is issued by CCLD to a certified child care center. A license may also be referred to as a certificate.

(31) "Lockdown" means restricted to an interior room with few or no windows while the facility or building is secured from a threat.

(32) “Multi-site Coordinator” means the person responsible for coordinating over-all management and operation of a number of sites in a multi-site program.

(33) “Multi-site Program” means a single organization oversees or administers multiple single classroom sites, in which no individual site has a licensed capacity of more than 20. In this program, director duties are shared between on-site personnel and a multi-site coordinator.

(34) "Night Care" means care given between 9:00 p.m. and 5:00 a.m. or when any enrolled child sleeps for more than 3 hours at the center.

(35) “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.

(36) "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.

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

(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 center 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 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 toddler 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, bottle feeding, etc.); or

(d) Any prohibited discipline or action listed in OAR 414-305-0710.

(41) “Play yard” means a framed enclosure with mesh or fabric sides. A play yard is intended for sleeping and playing accommodations.

(42) “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.

(43) “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.

(44) "Preschool‐Age 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.

(45) “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.

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

(47) “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.

(48) “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.

(49) “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.

(50) "Serious Injury or Incident" means any of the following:

(a) Injury requiring surgery;

(b) Injury requiring admission to a hospital;

(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.

(51) “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;

(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) A center is providing child care without the appropriate certification.

(52) "Serious safety threat" refers to a child's behavior that presents a danger to the physical safety of themselves or others, which cannot be reduced or eliminated by the program’s existing guidance and behavior strategies (OAR 414-305-0700).

(53) "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.

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

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

(56) "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.

(57) "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 414‐305‐0340.

(58) “Technical Assistance” means consultation and advice given to providers to assist them in maintaining compliance.

(59) “Temporary Safety-Based Intervention” means temporarily removing a young child from a certified child care center when the child’s behavior poses a serious safety threat, as defined in these rules, for such time period and for no longer than necessary to incorporate supports to reduce the occurrence of the behavior, ensure child safety, and have the child return to the program as quickly as possible.

(60) "Toddler" means a child who is 12 months of age to 36 months of age.

(a) “Younger Toddler” means a child who is 12 months of age to 24 months of age.

(b) “Older Toddler” means a child who is 24 months of age to 36 months of age.

(61) “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.

(62) “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.

(63) "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.

(64) “Young Child” means any child who is six weeks of age until eligible to be enrolled in kindergarten on or before the first day of the current school year.

History

Statutory/Other Authority: 329A.260
Statutes/Other Implemented: 329A.250
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 20-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0110 Purpose

(1) A child care center is defined as a child care facility that is certified to provide child care for a number of children up to the maximum capacity in a setting other than a family child care home.

(2) The purpose of OAR 414-305-0000 through 414-305-1620 is to protect the health, safety, and wellbeing of children when cared for outside their own homes by providing requirements for inspecting, certifying, monitoring and otherwise regulating care in a child care center.

(3) A person or entity may not operate a child care center without a valid certificate issued by CCLD, unless exempt from registration or certification as provided in ORS 329A.250(5)(a) to (i) and OAR 414-305-0120.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.250
DELC 22-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0120 Exemptions for Licensing

A child care facility is exempt from certification if the child care facility:

(1) Provides care in the home of the child;

(2) Is the child’s parent, a guardian or person acting in place of a parent;

(3) Is related to the child by blood, marriage or adoption within the fourth degree;

(4) Is a member of the child’s extended family unit, as determined by CCLD on a case-by-case basis;

(5) Provides care infrequently or intermittently, including but not limited to care that is provided during summer or other holiday breaks when children are not attending school, for fewer than 70 days in a calendar year;

(6) Is a provider of medical services;

(7) Provides care for children from only one family, not including the provider’s children;

(8) Provides care for three or fewer children, not including the provider’s children;

(9) Provides care for preschool-age children that is primarily educational for 4 hours or less per day and where no preschool-age child is present at the center for more than 4 hours per day;

(10) Provides care for school-age children that is not intended for child care purposes and is primarily a single enrichment activity, such as swimming lessons, dance lessons, tutoring, music lessons, sports practice, or any single class in any subject, where no child attends for more than 8 hours per week;

(11) Provides group athletic or social activities sponsored by or under the supervision of an organized club or hobby group. This exclusion applies only to the time engaged in the group athletic or social activities;

(12) Is operated by a school district, charter school, political subdivision of this state, or a government agency;

(13) Operates as a parent cooperative for no more than 4 hours a day and:

(a) Care is provided on a rotating basis by parents that are members of the cooperative; and

(b) Are overseen by a board of directors responsible for developing written program policies and procedures that are shared with all members.

(14) Provides care while the child's parent or person responsible for the child remains on the premises and is engaged in an activity on site, and:

(a) A center informs parents that the center’s program is not licensed by the state;

(b) Activities do not include work or attending school; and

(15) Provide youth development activities, as defined in ORS 329A.250(14), to school-age children during hours that school is not in session and which does not take the place of a parent’s care.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.250(14) & ORS 329.250(5)
DELC 21-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0130 Application Process

(1) An applicant must submit an original and complete application for a certificate on the forms provided by CCLD:

(a) For the initial certificate;

(b) For the annual renewal of the certificate;

(d) Whenever the center moves to a new location; or

(e) For increase of capacity.

(2) If an applicant is a corporation, association, or other public or private organization or agency, the application must be signed by the chief executive officer or a person designated in writing to have the authority to sign the application. If an applicant is a partnership, the application must be signed by each partner.

(3) An applicant that is not the owner of the center must identify the owner on the application.

(4) A certified child care center must submit a non-refundable filing fee with the application.

(a) For the initial application, a change of owner, the reopening of a center after a lapse in certification, or a change of location, the fee is $100 plus $2 for each certified space. For example, the fee for a child care center certified to care for 30 children is $100 + $60 = $160.

(b) For a renewal application, the fee is $2 for each licensed capacity space.

(5) A certified child care center must complete and submit an application to CCLD at least:

(a) 45 days before the planned opening date of a new center or change of owner or location; and

(b) 30 days prior to the expiration of the certificate for a renewal.

(A) If an application for renewal and payment of the required fee is received at least 30 days prior to the expiration date of the current certificate, the current certificate, unless officially revoked, remains in force until CCLD has acted on the application for renewal and has given notice of the action taken.

(B) If an application for renewal and payment of the required fee is not received at least 30 days prior to the expiration date of the current certificate, the certificate will expire and the certified child care center must cease operations unless the renewal is completed prior to the expiration date.

(6) An applicant must provide the following items with the application for an initial certificate, change of owner, change of address and when the center indoor floor plan or outdoor areas change:

(a) Evidence that the certified child care center meets all applicable building codes and zoning requirements;

(b) Approval by an environmental health specialist registered under ORS chapter 700 or an authorized representative of the Oregon Health Authority;

(c) Approval by a state or local fire code official prior to the initial certification date. If the certified child care center is housed in a public school, CCLD will accept the most recent fire code official inspection conducted at the school, if conducted within the last 2 years;

(d) A floor plan. If the certified child care center is located within or attached to a building used for purposes other than child care, the floor plan must also show that space and how it is used; and

(e) Initial or current lead testing results for each source of drinking water, as required in OAR 414-305-0820.

(7) An application for renewal of a certified child care center certificate may be approved by CCLD upon CCLD’s receipt of the following:

(a) Written approval by an environmental health specialist registered under ORS chapter 700 or an authorized representative of the Oregon Health Authority;

(b) Written approval by a state or local fire code official within the last 2 years of the renewal date; and

(8) The applicant must submit a floor plan to CCLD, the environmental health specialist, the fire code official, and the local building department prior to initial construction, remodel, or change in location. An applicant is responsible for payment of any applicable fees for fire safety and sanitation inspections.

(9) An applicant must pay in full all civil penalties established by final order against the applicant or be compliant with an CCLD approved payment plan before CCLD will process an initial or renewal application.

(10) If CCLD has not approved, issued a notice of intent to deny, or issued a final order by default or after a contested case hearing denying an application within 12 months of the date the application was submitted to CCLD, the application may be closed, subject to the applicant’s right to submit a new application at any time. This rule does not apply if:

(a) The application is a timely renewal application; or

(b) CCLD has issued a notice of intent to deny the application that has not resulted in a final order or withdrawal.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.290, ORS 329A.300, ORS 329A.310 & ORS 329A.400
DELC 23-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0140 Issuance of Certification

(1) Upon receipt of a completed application, a certified child care center will be evaluated by a representative of CCLD to determine if it meets all certification requirements.

(2) CCLD will issue a regular certified child care center certification when the center is determined to be in compliance with all of these rules. A regular certified child care center certification is valid for no more than 1 year.

(3) CCLD will issue a temporary certified child care center certificate when the center is determined to be in compliance with most of these rules, CCLD has not identified deficiencies that are hazardous to children, and the operator demonstrates an effort to be in full compliance.

(a) CCLD may issue a temporary certified child care center certification when a renewal application is submitted less than 30 days prior to the certification expiration date or in response to an initial application.

(b) A certified child care center may not operate under a temporary certification for more than 180 days in any 12‐month period.

(c) CCLD may deny an initial or renewal application or revoke a temporary certificate if deficiencies continue while the temporary certification is in effect.

(4) A certified child care center may not operate after expiration or revocation of a temporary certificate unless a prior regular certification is active due to a renewal application submitted more than 30 days before the regular certification expiration date.

(5) A certified child care center certificate cannot be transferred to any other location or to another organization or individual.

(6) A certified child care center must request in writing to CCLD any changes in the conditions of the certificate such as center capacity, age range of children, changes in room use, or hours of operation. A certified child care center must receive approval from CCLD before making such changes.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.280 & ORS 329A.300
DELC 24-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0150 Certification Process

(1) A certified child care center must comply with the conditions of the certificate when admitting children, including, but not limited to, capacity, hours of operation, age range, and special conditions.

(2) A certified child care center must allow representatives of all agencies involved in certification to have immediate access to all areas of the center and premises when child care children are present, including:

(a) Areas deemed inaccessible to children, including rooms not typically used for child care, second floors and other structures on the property;

(b) Records of children enrolled in the center, and all records and reports related to the child care operation regarding compliance with these rules; and

(3) A certified child care center certification may be denied, suspended or revoked if the owner has been removed, denied or suspended from the CBR.

(4) If a complaint alleges that a certified child care center is not in compliance with these rules, an assessment is made which may include a visit, interviews with the center staff, records review, and program observation to determine whether a complaint allegation is valid, unable to substantiate, or invalid.

(5) Information that a certified child care center provides to CCLD on applications, in records or reports, or any other written or verbal communication must be current, complete, and accurate.

(6) Parental request or permission to waive any of the rules for the certification of child care centers does not give a certified child care center permission to do so.

(7) CCLD certification records are open to the public on request, including findings of complaint investigations. However, information protected by state or federal law and the names of children and adults will not be disclosed.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.300 & ORS 329A.310
DELC 25-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0160 Exceptions to Rules

(1) A certified child care center may request an exception to a rule on a form provided by CCLD for a specified period of time when:

(a) A requirement does not apply to the center; or

(b) The intent of the requirement can be met by a method not specified in the applicable rule.

(2) An exception request must include:

(a) A justification for the requested exception; and

(b) An explanation of how the center will meet the intent of the rule.

(3) An exception request will not be granted:

(a) If the requirement is established by state statute or federal law; or

(b) If the health, safety, and well‐being of the children cannot be ensured.

(4) A certified child care center must remain in compliance with the rule as written until CCLD approves the exception request.

(5) In certain circumstances, a certified child care center may be granted an ongoing exception that will be reviewed annually to confirm the center is in compliance with all exception requirements.

(6) Each exception request is unique to the applicable center and is evaluated on its own merits. The granting of an exception to a rule does not set a precedent.

(7) CCLD may withdraw approval of an exception at any time, to ensure the health, safety and well‐being of the children.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 26-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0200 Policies

(1) A certified child care center must have written policies identified in 414-305-0200(2)(a-u) and provide them to:

(a) Staff and volunteers at the time of hire and when policies change; and

(b) Parents at the time of a child’s enrollment and when policies change.

(2) A certified child care center must provide the following written information to parents, staff, and volunteers:

(a) Name, business address, and business telephone number of the person(s) who has immediate responsibility for the daily operation of the center;

(b) A center description including the licensed capacity, ages and number of children in care, hours, days and months of operation, closure dates and observed holidays, and staff-to-child ratios;

(d) Parent responsibilities for providing current required information and what parents are expected to provide;

(e) Health policies and procedures to include toileting, diaper changing and handwashing methods, support for parents feeding their infants, storage and handling of bottles and pacifiers, immunization tracking, medication administration, use of insect repellent and sunscreen, care of bed linen, care of children who are ill and exclusion criteria, and response to injuries (also see OAR 414-305-1020), Injuries);

(f) Safety measures including safe sleep practices, monitoring of sleeping infants, injury prevention, use of pesticides and other potentially toxic substances, animals, water activities, and prohibited substances;

(g) A plan to ensure that any visitor or other adult not enrolled or conditionally enrolled in the CBR does not have unsupervised access to children;

(h) Emergency preparedness plan (also see OAR 414-305-0210, Emergency Preparedness and Response);

(i) Center philosophy on how children learn and develop, and how this philosophy is implemented;

(j) Daily schedules that include planned activities, rest time, physical activity, and screen time;

(k) Center-sponsored religious and cultural activities, if any, including how holidays will be recognized;

(l) Meals, snacks, and food service practices including food storage and handling, children’s dietary needs and allergies, infant feeding, and food brought from the child’s home;

(m) Transportation and field trips including driver and vehicle requirements and supervision;

(n) Behavior and guidance policies;

(o) How staff must proceed if a child is displaying inappropriate behaviors that could endanger themselves or the safety of others;

(p) Communication methods and notifications, including how parent grievances, questions, or concerns are handled by the center;

(q) Prevention of and duty to report suspected child abuse and neglect;

(r) Evening and night care, if provided;

(s) How to view inspection reports, access the Department of Early Learning and Care website and center certification rules, and contact CCLD and child abuse and neglect hotline;

(t) A statement advising parents that they can access information about child care providers on the child care safety portal; and

(u) Suspension and expulsion prevention policy (OAR 414-305-0750).

(3) A certified child care center must have written personnel policies for staff and volunteers that include at a minimum:

(a) Position descriptions, job duties assigned, and supervision of each position; and

(b) Initial and ongoing training requirements.

(4) If a certified child care center uses volunteers, the center must provide a copy of volunteer policies to any volunteers that includes procedures for ensuring training if the volunteer counts in the staff-to-child ratio, compliance with certification rules and center procedures, and an understanding of emergency preparedness plans.

(5) As required by state and federal civil rights laws and the Americans with Disabilities Act (ADA), a certified child care center cannot discriminate against any child on the basis of race, religion, color, national origin, gender, marital status of parent, or because of a need for special care.

(a) Suspected violations will be reported to the overseeing agency, with whom CCLD may share any information available to it.

(b) CCLD may deny an initial or renewal application or revoke a regular or temporary certification if a certified child care center is determined to have discriminated in violation of this requirement by any authority with jurisdiction to make the determination.

(6) To ensure the physical, emotional and mental health, safety, and wellbeing of children, a certified child care center must complete an individualized assessment whenever the center becomes aware that a child with specific needs has either applied for enrollment or is already in care at the center. The individual assessment must examine the center’s physical environment, policies, and practices to identify any reasonable modifications that are needed to support meeting both the child with specific needs, and other children enrolled in the program. The assessment must be based on all available information from the child’s parents, professionals knowledgeable about the child’s care needs, and certified center personnel. The assessment must be documented for each child and must include:

(a) Descriptions of changes the center made or will make to the center’s physical environment to support the participation of the child with specific needs in the program, or an explanation of why changes necessary to support the child’s participation cannot reasonably be made;

(b) Descriptions of changes the center made or will make to the center’s policies and practices to fully integrate the child with specific needs into the program, or an explanation of why the changes necessary to fully integrate the child into the program cannot reasonably be made;

(c) If applicable, any direct threats to the health and safety of others posed by the particular child’s presence at the center and an explanation of whether the threats can be eliminated with changes described pursuant to subparagraphs (a) or (b) of this rule; and

(d) If a child enrolled in care at the center is a young child, as defined in these rules, documentation that the center has complied with OAR 414-305-0750.

(7) Compliance with the requirements in subsection (6) (a) to (d) of this rule is not intended to describe the requirements of or to ensure full compliance with applicable civil rights laws, including the federal Americans with Disabilities Act (ADA).

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 27-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0210 Emergency Preparedness and Response

(1) A certified child care center must have a written plan for emergency preparedness that addresses evacuation, relocation, shelter-in-place and lockdown procedures, and responding to medical emergencies and other incidents that center staff will follow, unless otherwise instructed by emergency personnel. The plan must identify a licensed physician, hospital, or clinic to be used for emergency medical care.

(2) A certified child care center’s written plan must clearly define roles and responsibilities for all staff in an emergency and identify the center’s procedures for:

(a) Responding to a lost or missing child;

(b) Ensuring that all children in attendance are supervised and accounted for during and after an emergency;

(d) Responding to health and safety emergencies or suspected abuse of children, staff, volunteers, or family members occurring while they are on the premises of the center;

(e) Notifying emergency authorities, including the poison control center, when necessary;

(f) Evacuating children to a designated safe area or relocating children to alternate shelter. Designated safe areas and alternate shelters must be a minimum of 50 feet from the building being evacuated;

(g) Moving children to a designated location in the center for sheltering-in-place and lockdown emergencies;

(h) Responding to natural and man-made disasters including power outages;

(i) Responding to serious illness, serious injury or death of a child or staff;

(j) Responding to incidents involving a hostile intruder;

(k) Addressing the needs of individual children, including children with disabilities or other specific needs, and children with chronic medical conditions;

(l) Ensuring children’s emergency contact information and medical authorization and staff emergency contact information is accessible during and after an emergency;

(m) Notifying parents after the emergency ends and how children will be reunited with their families as the evacuation, relocation, or sheltering/lockdown is lifted;

(n) Maintaining continuity of care after a natural or man-made disaster, including access to copies of records, documents, and computer files necessary for continued operation stored in either a portable file or at an off-site location; and

(o) Ensuring pool and swimming safety if applicable (also see OAR 414-305-1300, Swimming).

(3) A certified child care center must observe weather conditions and other possible hazards to take appropriate action for child health and safety. Conditions that pose a health or safety risk may include, but are not limited to:

(a) Heat in excess of 100°F, or pursuant to advice of the local authority;

(b) Cold less than 20°F, or pursuant to advice of the local authority;

(d) Earthquake;

(e) Air quality emergency ordered by a local, state, or federal authority on air quality or public health;

(f) Lockdown notification ordered by a public safety authority; and

(g) Other similar incidents.

(4) A certified child care center must review the written plan and all emergency procedures at least once per licensing year and update the procedures as needed.

(5) A certified child care center must review the written plan with center staff once annually and whenever the plan is updated.

(6) A certified child care center must practice evacuation drills monthly and one other aspect of the emergency plan every other month that:

(a) Vary in days and times when drills are conducted;

(b) Are documented including the type of drill, date, time of day, name of the person supervising the drill, number of children and staff in attendance, and length of time taken for all individuals to complete the drill;

(c) Include another method, in addition to working smoke detectors, to alert all staff and enrolled children of a fire, emergency situation or drill; and

(d) Include staff taking emergency contact information, medical authorization, and current attendance records with them if leaving the child care area during a drill.

(e) An emergency evacuation drill must be conducted within the first 10 operating days after initial licensure.

(7) A certified child care center must post on each floor and in each classroom in use, a diagram of the building showing:

(a) Room numbers or names of rooms;

(b) Emergency exits. Exits must not be through a swimming pool area;

(d) The predetermined safe location where everyone will gather after evacuation, unless emergency personnel provide alternative instructions.

(8) A certified child care center must have an emergency light source, such as a flashlight, in working condition, available in:

(a) Each classroom used by children;

(b) The center’s kitchen; and

(9) A certified child care center must have an emergency supply kit available in a location known to all staff. Supplies must include at a minimum:

(a) First aid supplies, hand sanitizer, wet wipes, and tissue;

(b) A whistle or air horn;

(d) A battery or solar powered radio.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.263
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0220 Children’s Records

(1) A certified child care center must obtain the following information for each child, in paper or electronic format, prior to the first day of attendance that includes the parent’s signature:

(a) The child’s name, date of birth, and home address;

(b) Date the child entered care;

(d) Name and contact information of the person to be called in an emergency if the parent(s) cannot be reached;

(e) Name and telephone number of person(s) to whom the child may be released;

(f) The name and telephone number of the school that the child attends, if applicable;

(g) Name and telephone number of child's medical provider(s) or emergency care facility, if applicable;

(h) Immunization record or exemption that is updated when the child receives additional vaccines (also see OAR 414-305-0225 Immunizations);

(i) Authorization to obtain emergency medical care and to transport the child for emergency medical treatment;

(j) Developmental and health history of any problems that could affect the child's participation in child care;

(k) A written care plan for any child must be readily accessible to those caring for children with chronic health issues or specific care needs such as allergies, previous serious illnesses or injuries, and medications prescribed for continuous, long-term use (also see OAR 414-305-1050, Care of Children with Specific Needs); and

(l) Verification that parents have received a copy of the center policies.

(2) A certified child care center must ensure that all children’s records are immediately accessible to caregivers during hours of operation for use in an emergency or for children with chronic health issues or specific care needs.

(3) A certified child care center must permit parents, upon request, to review records and reports, except for child abuse reports, on their own children.

(4) A certified child care center must have the parent or guardian review, update, and sign or initial the enrollment form at least annually.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0225 Immunizations

(1) A certified child care center must comply with Oregon Health Authority’s administrative rules (see OAR 333-050-0040) relating to the immunization of children. If a child is enrolled in a public or private elementary school, immunizations are not required to be documented by the child care facility.

(2) A certified child care center may provide care for children who are in foster care or experiencing homelessness while parents/guardians are taking necessary actions to comply with immunization requirements of the center.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0230 Parental Permissions

(1) A certified child care center must have the following current permissions from parent(s) when applicable:

(a) Documentation of permission for a person not listed in the child’s records to pick up the child that includes:

(A) Date and time of the permission;

(B) Period of time the permission is valid;

(D) Name of the individual permitted to pick up the child; and

(E) Name of the center staff receiving the permission.

(b) Signed and dated parent permission for each medication, prior to administration, that includes:

(A) The child’s name;

(B) The name of and reason for the medication;

(D) Whether the medication needs to be refrigerated.

(c) For chronic medical conditions, a certified child care center may obtain permission for 12 months or less with specific instructions including when administration is needed, such as diaper cream and inhalers (also see OAR 414-305-1030, Medications).

(d) Parental permission for participation in any center-sponsored religious or cultural event. Parental permission is also required for any special occasions where food is served;

(e) A certified child care center must have signed parent permission prior to transporting a child that includes:

(A) The child’s name;

(B) The purpose of transportation;

(D) A specific pick-up and drop-off plan that addresses the location, times, and transfer of supervision.

(f) Parental permission for a school-age child to leave the facility on their own.

(g) Permission to bathe a child, if necessary.

(2) A certified child care center must have parent permission prior to a field trip or other activity away from the immediate neighborhood. Field trip permission must be specific with dates, times, and locations for each field trip.

(3) A certified child care center must inform and obtain written permission from parents for children to participate in contracted (e.g., gymnastics, music) or individualized services (e.g., therapeutic or medical services) not directly operated by the center. The permission form must state that the services are not licensed by CCLD.

(4) A certified child care center must have parental permission prior to a high risk activity, such as swimming, on or off the premises, and share the safety plan with parents that includes:

(a) Minimum ratios for the activity;

(b) Conditions for the child's participation, such as their age and skill levels;

(d) Safety practices followed.

(5) A certified child care center must obtain parental permission prior to using photographs or recordings of a child publicly (e.g. social media, advertisements).

(6) If a family served by a certified child care center is experiencing homelessness, the center must make efforts to follow OAR 414-305-0230 (1) through(5). If a certified child care center is unable to acquire written parental permissions, permissions may be received verbally, when documented by the certified child care center, or electronically, such as through a text message or e-mail.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 28-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0235 Arrival and Departure

(1) A certified child care center shall require that any person bringing a child to the center remain with the child until the child is accepted by staff.

(2) A certified child care center may only release a child to a parent or another person named and identified by the parent(s). A person picking up the child must show identification if not known to staff.

(3) A certified child care center must also be in compliance with OAR 414-305-0270 Notifications, OAR 414-305-0230 Parental Permissions, and OAR 414-305-0200 Policies.

(4) If a school-age child has parental permission to arrive or depart on their own (also see OAR 414-305-0230(1)(f), Parental Permissions), a staff member must sign the child in or out, as appropriate.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0240 Staff Records

A certified child care center must maintain current personnel records for each staff, in paper or electronic format, which include:

(1) Name, address and telephone number of staff;

(2) Job title and duties;

(3) Dates of first and last days on the job;

(4) Emergency contact information;

(5) Completed employment application or resume;

(6) Evidence of education and qualifying work experience showing that the person meets the qualifications for the position;

(7) The CBR confirmation letter sent from CCLD to a certified child care center. If a certified child care center does not yet have a CBR confirmation letter for staff, a certified child care center must have written documentation that the certified child care center has verified with CCLD that the staff is enrolled in the CBR and linked to the center. Documentation must include the date, time, and name of the CCLD staff member the certified child care center spoke with;

(8) Current first aid and CPR training certificate;

(9) Current food handler certification, if applicable;

(10) Driving record, driver's license number and expiration date if the person is to transport children;

(11) Evidence of participation in an orientation; and

(12) A statement signed and dated by the employee showing they have access to the center’s policies and the rules for the Certification of Child Care Centers.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 29-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0250 Program Records

(1) A certified child care center must maintain records that demonstrate compliance with all rules for 2 years following the record’s creation, such as parent permissions, attendance records, emergency preparedness drills, and pet vaccinations. A certified child care center must maintain staff and children's records for 2 years after termination of employment or care.

(a) A certified child care center may store records off site that are older than 1 year but they must be made available within 48 hours, upon request. A center must make all other records available to CCLD at all times.

(b) A certified child care center must have at least one staff member on site who can access any records that are stored in paper or electronic formats.

(d) If using electronic records, the center must have procedures in place to ensure prompt access, including an on- or off-site electronic back-up method to ensure access in the event of data loss.

(e) A certified child care center must keep child and personnel records confidential and only available to personnel as necessary, the individual child's parents, and CCLD staff.

(2) A certified child care center must maintain the current day’s attendance record in paper or electronic format with each group of children. All caregivers must have access to the attendance records to determine which children are in care during their work shift, changes in caregivers, and emergency evacuations. A center’s daily attendance records must include:

(a) The child’s full name; and

(b) Times recorded as children arrive and depart so that the record shows the children in attendance at any given time.

(3) If a group of children separates from the larger group to move to another activity, such as going outside, the responsible staff member must have a method to account for the children in the separate group, such as a written list of the children’s names.

(4) A certified child care center must maintain staff attendance records to include:

(a) The staff’s full name;

(b) Times of arrival and departure; and

(5) A certified child care center must have a visitor log to document all adults, excluding persons authorized to drop off and pick up a child, that includes name, relationship to center (e.g., volunteer, vendor, guest, etc.), and recorded time in and out of the center.

(6) A certified child care center must immediately document the administration of any medication that includes:

(a) The child’s name;

(b) Medication administered;

(d) The dosage or amount of medication administered;

(e) Any side effects exhibited by the child; and

(f) The signature of the person who administered the medication (also see OAR 414-305-1030, Medications).

(7) A certified child care center must maintain a written record of suspected child abuse and neglect reports made to the Department of Human Services Child Welfare or law enforcement.

(8) A certified child care center must maintain records regarding emergency preparedness and fire prevention such as dates of drills for at least 2 years (also see OAR 414-305-0210, Emergency Preparedness and Response, and OAR 414-305-0860, Fire Protection).

(9) A certified child care center must have parents or guardians of each child enrolled in the center sign a declaration form, approved by CCLD, verifying they have reviewed a copy of the current license certificate. The declaration shall be updated any time an exception or condition is added to or removed from the license.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.263
DELC 30-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0260 Items Available to View

(1) A certified child care center must post the following items in a prominent and frequently visited location for the parents and public to view:

(a) All serious valid complaints and serious non‐compliance letters for 12 calendar months from the date of the letter; and

(b) A notice of any current or pending legal sanctions posted immediately and while in effect, including throughout any appeal period.

(2) A certified child care center must have the following items available in a prominent and frequently visited location for the parents and public to view:

(a) The most current certificate issued by CCLD;

(b) A notice that the most recent CCLD inspection and rules for Certification of Child Care Centers are available upon request;

(c) The Department of Early Learning and Care Website [www.oregonearlylearning.com] and phone number [1-800-556-6616], and a statement advising parents that they can access information about their child care provider on the child care safety portal;

(d) The most recent water test results summary provided by CCLD (also see OAR 414-305-0820, Water Supply and Plumbing);

(e) Information on how to report a complaint to CCLD regarding certification requirements;

(f) The Oregon Child Abuse and Neglect Hotline number and requirement to report suspected abuse or neglect;

(g) The director’s full name and at least one additional personnel who is responsible for the center if the director is not present at the center. When the individuals listed are not present, the appointed personnel in charge is identified in writing;

(h) A notice that custodial parents have access to all child care areas upon notifying any staff member of their presence during the hours of operation and without advance notice;

(i) Center closures (vacation days, holidays, etc.);

(j) The dated current week’s menu of all snacks and meals served by the center with any substitutions recorded;

(k) A notice of planned field trips showing the date, times, and place of each excursion and posted at least 48 hours in advance of the trip;

(l) When on a neighborhood walk and all staff and children have left the premises, a notice with staff contact information and approximate return time;

(m) A notice when any child or staff member has a child care restrictable disease, as defined in Oregon Health Authority rule, or food poisoning (also see OAR 414-305-1010, Illness);

(n) The center’s behavior and guidance policy; and

(o) The center’s suspension and expulsion prevention policy.

(3) A certified child care center must post the following items in classrooms where they are easily visible to personnel and parents unless the rule specifically states otherwise:

(a) Emergency numbers to include 9-1-1, where available, or local law enforcement, local mental health crisis line, fire department, and ambulance service; the center name and address, with main cross streets or directions to the center; child abuse reporting hotline and poison control (1-800-222-1222);

(b) Emergency evacuation and relocation diagram, including primary and secondary routes, near the entrance or exit of the room;

(d) The menu and children’s dietary restrictions, known allergies, and nutrition requirements in a location easily accessible for staff but not available to those who are not parents or guardians of the enrolled child. Rather than posting in a classroom, a certified center may post this information in areas where food is served;

(e) Visual and written handwashing procedures at sinks;

(f) Diaper changing procedures where staff can view it while changing diapers; and

(g) The applicable ratios and group sizes.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 31-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0270 Notifications

(1) A certified child care center must notify CCLD by 5:00pm the next business day of the following items:

(a) A change of director;

(b) A change in mailing address, when different from the physical address;

(d) A known legal action or child abuse or neglect investigation, such as an arrest, criminal investigation or charge, or Victim Protection Order, involving any person for which a certified child care center is required to request a background check;

(e) An unscheduled temporary or permanent center closure;

(f) Any occurrence, including a natural disaster, that renders all or part of the certified child care center unsafe or unsanitary for a child including disruption of utilities or contaminated water;

(g) An incident that exposes children to an imminent risk of harm, such as a child leaving the center without the center’s knowledge or being left alone on or off site or in a vehicle;

(h) An animal bite to an individual that occurs on site at any time or off site when participating in center activities;

(i) An accident involving transportation, unless there were no injuries and only minor damage to the vehicles;

(j) Any serious injury or incident involving a child;

(k) A child who is given the incorrect dosage of any medication;

(l) A child who took or received another person’s medication;

(m) The death of a child or staff member that occurred on the premises of the center;

(n) Other dangers or incidents requiring emergency response such as a fire or temporarily relocating children;

(o) Any time prohibited discipline or prohibited actions occur (also see OAR 414-305-0710, Prohibited Discipline and Actions);

(p) Any incident where physical restraint is used (also see OAR 414-305-0720, Physical Restraint); and

(q) The implementation of a temporary safety-based intervention.

(2) A certified child care center must notify CCLD of the following:

(a) An anticipated temporary or permanent center closing, other than a scheduled closing identified in center policy;

(b) An anticipated temporary or permanent change in location;

(c) An anticipated center change or alteration that impacts the amount of usable square footage or compliance with the requirements; and

(d) A change in center name.

(3) Any staff member who has reason to believe a child has been abused or neglected is required to report the matter immediately to the Oregon Child Abuse Hotline (1-855-503-7233), Department of Human Services Child Welfare, or a law enforcement agency. This requirement applies 24 hours a day. This requirement applies to any suspected physical, sexual or emotional abuse; child neglect, child endangerment, or child exploitation; inappropriate sexual contact between two or more children; or attempted suicide or threats of suicide by a child.

(4) A certified child care center must immediately notify the Oregon Health Authority of a known case, in individuals associated with the center, of a child care‐restrictable disease, as defined in Oregon Health Authority administrative rules, OAR 333‐019‐0010.

(5) A certified child care center must immediately notify parents or an emergency contact if the parent cannot be reached and document if their child:

(a) Does not arrive on their own at the center as scheduled, such as when a school-age child is walking to the center or when a child is transported from another program;

(b) Is not present at the pick-up location as scheduled;

(c) Is involved in an incident that placed the child at risk such as being lost, missing or left alone on a playground, a field trip, or in a vehicle;

(d) Has experienced any suspected allergic reactions, as well as the ingestion of or contact with the allergen even if a reaction did not occur;

(e) Was not administered medication in accordance with directions;

(f) Received emergency medication for a life-threatening condition such as epinephrine;

(g) Sustains an injury that may need evaluation by a physician or any impact to a child’s head;

(h) Has been exposed to poison;

(i) Has been fed human milk or formula intended for another child (see OAR 414-305-0610, Feeding Infants);

(j) Is bitten by an animal, when the skin is broken or when an evaluation by a physician may be needed;

(k) Is separated from the group due to an illness;

(l) Dies while in care;

(m) Is involved in any incident where physical restraint is used; or

(n) Exhibits behaviors that require the use of a temporary safety-based intervention.

(6) A certified child care center must notify parents upon child pick-up of:

(a) Daily happenings, including the infant and toddler daily records (also see OAR 414-305-0600, General Requirements for the Care of Infants and Toddlers and OAR 414-305-0220, Children’s Records);

(b) Significant changes in their child's physical or emotional state;

(c) Known minor injuries such as minor cuts, scratches, and bites from other children requiring first aid treatment by employees;

(d) Their child being unsupervised at school or another location when not picked up on time;

(e) Illness or infestation symptoms that developed or changed;

(f) A child care restrictable disease or infestation exposure from staff or another child;

(g) Administration of a medication for a non-life-threatening condition that is only administered as needed;

(h) An animal bite to a child, when the skin is not broken;

(i) Implemented emergency plans and procedures, except for drills; and

(j) Anticipated closure of the center.

(7) The Department will notify parent(s) or guardian(s) of children under 12 months of age enrolled in the center of any valid non‐compliance with OAR 414-305-0620(1)(a)(A) through (C), OAR 414-305-0620(1)(b) and (c), and OAR 414-305-0630(1)(a) through (l).

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 65-2024, minor correction filed 05/06/2024, effective 05/06/2024
DELC 32-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0300 General Staffing Requirements

(1) A certified child care center must ensure that all staff, including persons not counted in the staff-to-child ratio and volunteers:

(a) Know and comply with certification rules;

(b) Recognize and act to correct hazards to physical safety, both indoors and outdoors;

(c) Demonstrate good judgment as evidenced by responsible behavior that reasonably ensures the health and safety of children;

(e) Relate to children with courtesy, respect, acceptance, and patience;

(f) Demonstrate realistic expectations for behavior based on the age, abilities, and needs of children;

(g) Recognize and respect the uniqueness and potential of all children, their families, and their cultures;

(h) Report suspected abuse, neglect, and exploitation in accordance with Oregon law (also see OAR 414-305-0270, Notifications); and

(i) Have the required training and experience for the position they are filling.

(2) A certified child care center must ensure that employees counted in the staff-to-child ratios:

(a) Individualize the care and learning opportunities to meet each child's needs based upon the child's age and abilities, including reviewing the information provided by parents while respecting confidentiality;

(b) Have a method to identify each child for whom they are responsible; and

(3) A certified child care center must ensure that at least one person who has current certification in first aid and Pediatric Cardiopulmonary Resuscitation (CPR) is present in the center at all times, during transportation, and on field trips.

(4) A certified child care center must ensure that any person who has demonstrated behavior that could endanger the health, safety or wellbeing of a child is not on the premises during child care hours nor has access to children in care.

(5) Any staff with evidence of a child care‐restrictable disease, as defined in OAR 333‐019‐0010, a symptom of physical illness as described in OAR 414-305-1010(2)(b)(A) through (K), or mental incapacity that poses a threat to the health or safety of children shall be relieved of their duties.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0310 Central Background Registry Enrollment

(1) The operator, all child care center staff, and any person 18 years of age or older who may have unsupervised access to children, shall be enrolled in CCLD’s Central Background Registry (CBR) prior to the issuance of an initial or renewal certification.

(2) An individual who is the owner or the principal of an entity that is the owner of a certified child care center must be enrolled in the CBR to be on the center premises or present with children off-site during child care hours.

(3) A certified child care center must have written confirmation from CCLD that staff 18 years of age or older are enrolled or conditionally enrolled in the CBR before the staff may be on the child care premises or present with children off-site during child care hours.

(4) All caregivers and other individuals that are required to be enrolled in the CBR and are on site must maintain current enrollment in the CBR at all times while the center license is active.

(5) Staff conditionally enrolled in the CBR may function in their staff position but shall not have unsupervised access to children until the center has confirmed with CCLD the individual is enrolled.

(6) Any visitor to the certified child care center or other adult who is not enrolled in the CBR shall not have unsupervised access to children.

(7) A certified child care center must have safeguards in place to prevent a visitor’s unsupervised access to children, including a sign-in and sign-out process that captures:

(a) The individual’s name and relationship to the center (e.g. volunteer, vendor, guest, etc.);

(b) Arrival and departure times; and

(c) Name of qualified staff responsible for monitoring the individual’s presence and accompanying the individual while on the premises.

(8) A certified child care center must ensure that individuals whose CBR enrollment has been revoked, denied, or suspended are not on the premises during child care hours or have contact with children in care.

(9) If additional information is needed to assess a person's ability to care for children or to have access to children, CCLD may require references, an evaluation by a physician, counselor, or other qualified person, or other information.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 33-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0320 Duties and Qualifications of the Director

(1) A certified child care center must employ at least one individual who meets the qualifications of director as outlined in (6) below. The director is responsible for:

(a) Maintaining compliance with all certified child care center rules and all conditions placed on the certification;

(b) Developing and implementing the center’s operational and personnel policies;

(d) Overseeing the training and professional development of staff including setting educational goals, observation and mentoring;

(e) Implementing program development;

(f) Overseeing parent communication and family engagement and sharing community resources with families including resources for children with specific needs; and

(g) Managing administrative functions, including, but not limited to: maintaining records; financial management; budgeting; maintenance of buildings and grounds; meal planning and preparation; and transportation, if provided.

(2) If a center’s licensed capacity is less than 100 children, the director must be on site a minimum of one-third the weekly operating hours or 40 hours per week, whichever is less, as documented by the center. The director may be responsible for multiple centers.

(3) If a center’s licensed capacity is more than 100 children, the director must be on site at least half of the weekly operating hours or 40 hours per week, whichever is less, as documented by the center. The director may only be responsible for one center.

(4) A director may serve as a teacher, if qualified, and have regular teaching duties when 40 or fewer children are on site.

(5) A certified child care center must have the director or a substitute director on the premises during all hours of operation.

(6) A certified child care center director must:

(a) Be at least 21 years of age;

(b) Meet the initial (see OAR 414-305-0370) and annual training (see OAR 414-305-0380) requirements; and

(d) Participate in a plan, approved by CCLD, to substitute for a missing component (either management and supervision of adults OR knowledge of child development) in Option C in the table below. The plan must address how the director will attain the required training, education, or experience in the missing component and how the program will operate until the director has met the missing component.

(7) A certified child care center's substitute director must meet teacher qualifications, understand the director’s responsibilities, be familiar with the certification requirements, have access to all records, and be authorized and able to correct deficiencies.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 129-2024, minor correction filed 05/14/2024, effective 05/14/2024
DELC 34-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0340 Duties and Qualifications of Teachers

(1) A certified child care center's teachers are responsible for:

(a) The supervision of their assigned group of children at all times; and

(b) The supervision of any aides or volunteers assigned to their group.

(2) A certified child care center's teachers must:

(a) Be at least 18 years of age;

(b) Meet the initial (see OAR 414-305-0370) and annual training (see OAR 414-305-0380) requirements; and

(c) Meet the experience and training qualification requirements for their assigned age group in one of the options listed in Table 2 of this section; OR

(d) For school-age only classrooms, meet the experience and/or training qualification requirements in Table 3 of this section.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0350 Duties and Qualifications of Aides

(1) A certified center’s aides support teachers in caring for a group of children under the supervision of the teacher.

(2) An aide I must:

(a) Be at least 14 years old;

(b) Meet the initial training requirements (also see 414-305-0370, Orientation and Initial Training);

(c) If under 18 years of age, be within sight AND sound of a staff person who meets the qualifications of a teacher or aide II, as specified in 414-305-0350(4)(a), at all times with children. If under 18 years old, an aide I may never be left alone with a child or group of children;

(d) If 18 years of age or older, be within sight OR sound of a staff member who meets the qualifications of a teacher or aide II, as specified in 414-305-0350(4)(a), at all times while with children, except when:

(A) Accompanying a child or a group of children to the bathroom;

(B) Providing minor medical attention to a child;

(D) Rest time staff-to-child ratios apply, per OAR 414-305-0400(7).

(3) An aide II must:

(a) Be at least 18 years of age;

(b) Meet initial (see OAR 414-305-0370, Orientation and Initial Training) and annual training requirements (see OAR 414-305-0380); and

(c) Have at least 240 documented hours of experience as an aide I or aide II, of which at least 80 hours must be at the center where the individual is currently employed.

(A) If working in a classroom with toddler or older age children, experience can be with any age group.

(B) If working with infants, an aide II must have 240 hours of experience working with infants.

(4) An aide II may not be alone with a group of children except when:

(a) Supervising a group of children and aide I to cover for staff breaks, provided staff-to-child ratios are maintained, and there is another staff who is teacher or director qualified present at the facility;

(b) Times identified in 414-305-0350(2)(d)(A) through (D);

(d) Substituting for the teacher in the primary group of children the aide II works with. Substituting for the teacher is limited to up to two consecutive weeks. If longer than two weeks, the director must notify CCLD with a plan to manage the classroom. While substituting, staff-to-child ratios must be maintained, and there must be another staff who is teacher or director qualified present at the facility; and

(e) Participating in a teacher training program, as described in 414-305-0350(5).

(5) At the discretion of the director, an aide II can function as teacher while participating in a teacher training program. There must be another staff who is teacher or director qualified present at the facility. Prior to an aide II functioning as a teacher, a plan to complete the requirements in OAR 414-305-0350(6) must be submitted to and approved by CCLD.

(6) A staff member in a teacher training program must complete:

(a) A minimum of 50 clock hours in the following Core Knowledge Categories (CKCs), with a minimum of 12 hours completed per month. Training completed within the last 5 years may be applied to this requirement.

(A) 10 hours in Human Growth and Development;

(B) 10 hours in Understanding and Guiding Behavior;

(D) 20 hours, that includes at least two additional CKCs.

(E) If working with infants, 25 hours of the 50 training hours must be specific to infant/toddler care.

(b) At a minimum, twice a month feedback sessions for four months with the director, a teacher assigned to provide mentorship, or consultant. Feedback sessions must include, at a minimum:

(A) Direct feedback on their performance in regards to:

(i) Creating a Healthy Climate for Child Development (OAR 414-305-0510);

(ii) Behavior and Guidance (OAR 414-305-0700);

(iii) Compliance with other rules related to certified child care centers (OAR 414-305-0000 through 414-305-1620);

(iv) Other areas identified by the director, assigned teacher, consultant, or the individual; and

(v) If applicable, infant and toddler care.

(B) Setting of professional goals related to the feedback given; and

(A) Dates and times of feedback sessions;

(B) Description of feedback given and progress on goals; and

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 35-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0355 Multi-Site Programs

(1) In a multi-site program, the center shall develop a written plan which shows how the duties of the director in OAR 414-305-0320(1) will be met at each site and must employ a multi-site coordinator.

(2) Multi-site coordinators must:

(a) Meet director qualifications identified in OAR 414-305-0320(6);

(b) Meet the initial (see OAR 414-305-0370) and annual training (see OAR 414-305-0380) requirements;

(c) Designate one teacher at each site who is responsible for maintaining compliance with CCLD rules. There must be one designated teacher on site at all times; and

(d) To allow for adequate oversight of each site, the Multi-site Coordinator:

(A) Must be at each site at least once a month for a minimum of one hour while children are in care;

(B) May serve as a teacher, if qualified; and

(3) A multi-site program can operate using either Table 3A (see OAR 414-305-0400(6)) or when 16 or fewer children are on site, can operate using the Mixed-Age Ratio Table (see OAR 414-305-0400(12)).

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 36-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0360 Other Staff and Volunteers

(1) A certified child care center must verify that all substitutes, prior to being left alone (if qualified to be unsupervised) with children:

(a) Are enrolled in the CBR as required under OAR 414-305-0310, Central Background Registry Enrollment;

(b) Complete the CCLD Introduction to Child Care Health and Safety training as required under OAR 414-305-0370(2), Orientation and Initial Training; and

(c) Have completed a minimum of 2 hours of training on recognizing and reporting child abuse and neglect that is specific to Oregon law, within 30 days of employment.

(2) A certified child care center must ensure that substitutes counted in the staff-to-child ratio meet qualifications for the position they hold.

(3) If a certified child care center uses a volunteer to meet staff-to-child ratios, the center must document how the volunteer meets the qualifications of the position they are filling, including CBR enrollment.

(4) A certified child care center must ensure that all center staff and volunteers are aware of the policy that volunteers who do not meet staff requirements must be at least 13 years of age and not have unsupervised access to children.

(5) Volunteers under the age of 14 must have written permission from their parent or guardian.

(6) Unless participating in a structured volunteer program, volunteers under the age of 14 may be on the premises of the certified child care center for no more than 4 hours per day.

(7) A certified child care center must identify the duties for each volunteer and share them with the volunteer and center staff in writing prior to the volunteer beginning work at the center.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 53-2024, minor correction filed 04/15/2024, effective 04/15/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0370 Orientation and Initial Training

(1) A certified child care center must ensure that all staff, including substitutes, receive an orientation within the first 10 days of hire and before staff have unsupervised access to children. An orientation must include, but is not limited to:

(a) A review of the rules for certified child care centers;

(b) The written plan for emergency preparedness that addresses evacuation, relocation, shelter-in-place and lockdown procedures and responding to medical emergencies, illness and injuries, allergic reactions, and other incidents;

(d) Building and premises safety including identification and protection from hazards such as electrical hazards, bodies of water, and vehicular traffic;

(e) The handling and storage of hazardous materials and the appropriate disposal of biocontaminants;

(f) Methods used to inform personnel of children's specific health, nutritional, and developmental needs;

(g) Safe sleep practices and prevention of shaken baby syndrome and abusive head trauma;

(h) The administration of medication;

(i) The center policies, as required under OAR 414-305-0200, Policies; and

(j) Procedures for reporting suspected child abuse or neglect.

(2) A certified child care center must ensure staff, including substitutes, complete the following within 30 days of hire and prior to having unsupervised access to children:

(a) Introduction to Child Care Health and Safety; and

(b) A minimum of 2 hours of CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law.

(3) A certified child care center’s staff and substitutes, with the exception of cooks, must:

(a) Have current certification in first aid and pediatric CPR within the first 90 days of hire. On-line CPR training is only acceptable if it includes hands-on instruction. First aid and pediatric CPR must be kept current during employment at the center.

(b) If the center is certified to care for infants, complete the Safe Sleep for Oregon Infants training within the first 30 days of hire and prior to having unsupervised access to infants; and

(4) A certified child care center must ensure the following staff, including substitutes, obtain an Oregon food handler’s certification within 30 days of hire. Food handler’s certification must be kept current during employment at the center.

(a) Cooks and kitchen staff who handle food;

(b) Staff who serve meals from a communal source or put away leftovers; and

(5) A certified child care center director must provide verification to Oregon Registry Online (ORO) that they have obtained 10 hours of training in the core knowledge category of Program Management; or they must obtain 10 hours within the first year of hire.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 37-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0380 Annual Training

(1) A certified child care center must ensure the following training requirements are met for each staff:

(a) Each certified child care center director, multi-site coordinator, teacher, and aide II must have at least 15 clock hours of formal training or education annually related to child care, of which at least 8 clock hours is in child development and 1 hour is in health, safety, and nutrition (HSN).

(b) Substitute teachers and substitute aide IIs who provide care for 240 hours or more per licensing year at one or more sites operated by the same organization complete at least 15 clock hours of annual training or education related to child care, of which at least 8 clock hours is in child development or early childhood education, and 1 hour is in health, safety, and nutrition (HSN).

(c) Certified child care center staff employed less than a year must complete training requirements prorated at 1.25 clock hours for each month worked in the current license period. If the 15 hours of training are pro-rated, the requirement to have 8 hours of training in child development or early childhood education does not apply.

(2) Any staff member who works at multiple locations, operated by the same organization/company must designate one certified child care center to track the staff member’s training requirements.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.490
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0385 Training Criteria

(1) All staff employed by a certified child care center must have an active account with ORO. Staff training must meet the following requirements:

(a) Be approved by ORO; and

(b) Be at least 1 hour in duration.

(2) Staff training that is a component of a staff meeting may be counted toward the required training hours.

(3) The following core knowledge categories (CKCs) are accepted for the child development and early childhood education requirement: Diversity, Family and Community Systems, Human Growth and Development, Health Safety and Nutrition, Learning Environments and Curriculum, Observation and Assessment, Special Needs, and Understanding and Guiding Behavior.

(4) A certified child care center may count the following initial required staff training toward the 15 clock hours of annual training during the first year of employment. These hours, with the exception of (g) cannot be applied toward the requirement of 8 hours in child development or early childhood education:

(a) Up to 2 hours of orientation at the first renewal period after the staff person’s hire date;

(b) First aid and pediatric CPR training;

(d) CCLD approved training on recognizing and reporting child abuse and neglect;

(e) CCLD Introduction to Child Care Health and Safety training;

(f) 1 hour of training in the category of Health, Safety and Nutrition; and

(g) CCLD approved Child Development training.

(5) During subsequent years of employment, a certified child care center may count the following repeated training as part of the 15 clock hours of training:

(a) 5 hours of first aid and pediatric CPR training;

(b) Food handler's training;

(d) A Set 2 (intermediate) or Set 3 (advanced) training as described by ORO can be repeated once, provided it was not taken within the previous 2 years.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.490
DELC 38-2024, minor correction filed 04/11/2024, effective 04/11/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0400 Staff-to-Child Ratio and Group Size

(1) “Ratios” mean the number of staff required to be physically present with a child or group of children.

(2) “Group size” is the number of children assigned to staff occupying an individual classroom or well-defined space within a larger room.

(3) When more than one group of children utilize a room at the same time, excluding rooms used only for large group activities (e.g., eating, napping, large muscle activities), the following apply:

(a) The area occupied by each group must be defined by use of portable or permanent room dividers, furniture or equipment;

(b) Each space is considered separate and operates as an independent classroom. The space must have its own staff, program materials, attendance records and adequate square footage;

(d) The entire group can come together briefly for a specific activity, but in general, the groups should remain separate throughout the day.

(4) A certified child care center must have at least one caregiver who meets the qualifications of a teacher, as defined under OAR 414-305-0340(2), with each group of children.

(5) A certified child care center must count all children in ratios, group size and capacity with the following exceptions:

(a) Children visiting with a non-staff parent or a staff parent not being counted to meet staff-to-child ratios as long as the parent is directly supervising their child; and

(b) Minors who qualify as volunteers.

(6) The number of teachers and aides and group size is determined by the number and ages of the children in attendance, per Table 3A or 3B, as applicable.

(a) All certified child care centers with initial certification after July 15, 2001, must comply with staff-to-child ratios and group size in Table 3A. TABLE 3A (For centers initially licensed after July 15, 2001)

(b) Certified child care centers with initial certification on or before July 15, 2001, must comply with staff-to-child ratios and group size in either Table 3A or Table 3B. Centers eligible to utilize Table 3B may continue to be eligible under the following conditions: TABLE 3B (For centers with initial certification on or before July 15, 2001)

(A) The center must choose to operate under Table 3A or Table 3B; centers shall not operate under a combination of both.

(B) If a center changes ownership, but continues to operate, the center may continue to utilize Table 3B.

(C) If a center wishes to change from operating under one ratio table to another ratio table, the center must notify CCLD in writing and receive approval prior to utilizing a different table.

(D) A certified child care center may change ratio tables only twice.

(7) A certified child care center must meet the staff-to-child ratio and the maximum number of children in a group at all times, except during times identified in (a) and (c) of this rule:

(a) One teacher, aide II, or aide I, with CBR enrollment, may supervise the area where children are resting if:

(A) There are no infants in the group;

(B) All children are in the process of going to sleep, asleep, or in the process of waking up;

(D) The center has sufficient staff on site that can be summoned to meet the required ratio in case of an emergency or as children wake.

(b) If two or more children are restless, vocal, off their cot or mat, sitting up, or interacting with other children, a certified child care center must meet the staff-to-child ratio.

(c) A certified child care center may exceed maximum group size on field trips, outdoor play, planned large group activities, napping and eating.

(8) A certified child care center may count staff in ratio under the following situations:

(a) Drivers, when transporting children;

(b) While staff are performing minimal cleaning and food service duties, provided supervision is maintained;

(c) When they are assisting a child in a restroom that opens directly into the classroom, provided children can be seen or heard and supervision is maintained; and

(d) When any children are participating in a contracted service in the center, the room is arranged so all children are supervised and the situation permits, there may be one staff that meets at least the qualifications of an aide I, with CBR enrollment, supervising the group along with the contracted services instructor. As children finish the activity offered by the contracted service, additional caregivers shall be added to return to required ratios. Sufficient caregivers to meet the required ratio shall be in the facility and able to be summoned by the caregiver without leaving the room.

(9) A certified child care center may combine older toddlers through school-age children in one group. If children are in adjacent age ranges (e.g. younger toddlers with older toddlers, or older toddlers with preschool age children), they may be combined in one group.

(10) If combining infants, younger toddlers and older toddlers, the certified child care center must ensure:

(a) There is separation of non-mobile infants from mobile children; and

(b) Activities and materials are safe and developmentally appropriate for all children in the group.

(11) In a mixed age group, a certified child care center must meet the ratio and group size for the youngest child in the group, excluding when the center is operating under the Mixed-Age Ratio Table (see OAR 414-305-0400(12)).

(12) A certified child care center may operate within the ratio and group size in the Mixed-Age Ratio Table when:

(a) There are 16 or fewer children on site; or

(b) The certified child care center’s licensed capacity is 16 or fewer children.

(13) When utilizing the Mixed-Age Ratio Table, a certified child care center must:

(a) Meet all requirements for the age groups that are in care;

(b) Ensure that at least one staff member is teacher-qualified in one of the represented age groups;

(A) Have separation for non-mobile children from mobile children;

(B) Have a diaper changing station and handwashing sink located in the room being utilized for care; and

(14) A certified child care center must group children with specific care needs by chronological age, except when recommended otherwise by the child’s healthcare professional or other qualified professional as provided in OAR 414-305-1050(10).

(15) When only one center staff is required to care for the only group of children on site, a certified child care center must ensure:

(a) The ratio and group size for the youngest child in the group is met; and

(b) A second individual is readily available to respond if needed, or CCLD approves an alternate plan.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
DELC 39-2024, minor correction filed 04/12/2024, effective 04/12/2024
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0500 Supervision of Children

(1) A certified child care center must ensure that children have the full attention of the required number of staff at all times who must:

(a) Be aware of what each child is doing;

(b) Know and take into account the age of each child, the child’s individual behaviors, interests, and abilities, the layout of indoor and outdoor space, and any potential hazards or risks from activities children are engaged in;

(d) Be within sight and sound, without relying on audio or video monitoring devices, except as specified in OAR 414-305-0500(4).

(e) Not participate in personal activities that could interfere with supervision, such as visitors, phone calls, or electronic device use; and

(f) Provide supervision when contracted non-staff persons are with children (also see OAR 414-305-0400, Staff-to-Child Ratios and Group Size).

(2) A certified child care center’s staff must position themselves or arrange indoor and outdoor equipment to allow supervision of children while playing on all equipment.

(3) A certified child care center must provide sufficient light in any room where children are napping or resting so that staff can clearly see each child’s face from any point in the room.

(4) School-age children must be within sight or sound of staff at all times.

(a) School-age children out of direct visual contact must be monitored regularly and frequently and must be in approved activity areas; and

(b) With staff knowledge or permission, one child at a time may be out of sight and sound supervision, while on the premises of the child care program, when using the restroom or completing a task separate from the larger group, for a maximum of 5 minutes.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0510 Creating a Healthy Climate for Child Development

(1) When communicating or interacting with children, a certified child care center must ensure staff maintain a climate for healthy, culturally responsive child development such as:

(a) Using a calm and encouraging tone of voice;

(b) Using positive language to explain what children can do and give descriptive feedback;

(c) Having relaxed conversations with children by listening and responding to what they say. Adult conversations must not dominate the overall sound of the group;

(d) Greeting children upon arrival and acknowledging their departure;

(e) Using facial expressions such as smiling, laughing, and enthusiasm to match a child’s mood;

(f) Using physical proximity in a culturally responsive way to speak to children at their eye level;

(g) Validating children’s feelings and showing tolerance for mistakes;

(h) Being responsive, listening to children’s requests and questions, and encouraging children to share experiences, ideas, and feelings;

(i) Observing children in order to learn about their families, cultures, individual interests, ideas, questions, and theories;

(j) Modeling and teaching emotional skills such as recognizing feelings, expressing them appropriately, accepting others' feelings, and controlling impulses to act out feelings;

(k) Being respectful of cultural traditions, values, religion and beliefs of enrolled families; and

(l) Interacting with staff and other adults in a positive, respectful manner.

(2) A certified child care center must ensure staff encourage positive interactions between and among children with techniques such as:

(a) Giving children several chances a day to interact with each other while playing or completing routine tasks;

(b) Modeling social skills;

(d) Helping children understand feelings of others; and

(e) Encouraging interactions between children of all abilities.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0520 Program Schedule

(1) A certified child care center must develop, post, and follow a written daily schedule for each group of children, according to their ages, interests, and abilities.

(a) The written schedule must include a consistent routine that allows for flexibility to respond to the needs of the individual children and group of children.

(b) The schedule must:

(A) Cover all hours of operation;

(B) Provide a balance of active and quiet opportunities;

(C) Include activities such as small and large group activities, free play, daily outdoor experiences and snacks and meals; and

(D) Meet the following daily morning or afternoon active outdoor play time requirements:

(i)20 minutes for every 3 hours of programming for infants (as tolerated) and toddlers;

(ii)30 minutes for every 3 hours of programming for children preschool age and older; and

(iii) Programs that operate more than 6 hours a day must provide 90 minutes of active play for children preschool age and older or 60 minutes of active play for infants and toddlers (30 minutes of which may be moderate to vigorous indoor activities).

(2) A certified child care center must ensure daily outdoor play for each child regardless of age, provided weather and environmental conditions do not pose a significant health or safety risk.

(3) For preschool age and younger children, a certified child care center must include one or more regularly scheduled rest periods.

(a) Rest periods must include the opportunity for each child to lay down on a cot or mat. Rest periods may take the form of children sleeping, being awake but inactive, or participating in alternative quiet activities.

(b) If children are unable to sleep after 30 minutes, the center must provide alternative quiet activities. Activities may be in the same room where children are sleeping if it is not distracting to sleeping children.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0525 Activity Plan for All Children

(1) A certified child care center must make the emotional and physical needs of children the first priority of the center, ensuring that children get adequate care and prompt attention.

(2) A certified child care center must develop, post and follow written weekly activity plans for each classroom that:

(a) Indicate indoor and outdoor plans for each day;

(b) Are designed to meet the children's developmental abilities, interests, cultural and individual needs; and

(3) A certified child care center must ensure the activity plan and available materials allow for a range of learning experiences to support each child’s development of:

(a) Self-esteem, self-awareness, self-control, cooperation, problem-solving, and decision-making abilities;

(b) Social, emotional, cognitive, language, literacy, and physical growth; and

(4) A certified child care center must provide children with opportunities to choose from a variety of developmentally appropriate activities and experiences which include:

(a) Reading books;

(b) Creative expression through the arts;

(d) Gross motor development;

(e) Fine motor development;

(f) Music and movement;

(g) Opportunities to listen and speak;

(h) Concept development; and

(i) Sensory play.

(5) A certified child care center must not provide or allow a child to have more than 2.5 hours of screen time per week.

(a) When the internet is accessible for children's use, the center must ensure that children do not have access to inappropriate websites, email, instant messaging, and similar technology.

(b) Screen time is defined as time spent using electronic devices, including, but not limited to computers, television, tablets, phones and game consoles but does not include assistive or adaptive technology for children with disabilities.

(c) Usage times may be extended for physical activity guidance, special events, projects (i.e., coding lessons) and homework.

(d) All media exposure must be developmentally and age appropriate, non-violent, and culturally sensitive.

(e) When screen time is a group activity, at least one alternative activity must be available for children who do not want to participate.

(6) A certified child care center must take precautions to protect children from excessive sun exposure, including but not limited to:

(a) Keeping infants younger than six months out of direct sunlight;

(b) Applying sunscreen to children. Centers must comply with requirements regarding sunscreen in OAR 414-305-1030(7), including parent permission;

(d) Limiting direct sun exposure when children do not have sunscreen applied.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0530 School-Age Activity Plan

(1) A certified child care center must provide an environment for children where adults' actions demonstrate respect for children’s changing physical, emotional and intellectual needs.

(2) A certified child care center must provide school-age children with the opportunity to take part, on a daily basis, in activities which support their need to practice and build skills in problem-solving, making responsible choices, cooperation, creativity, and appropriate social interactions.

(3) In addition to those activities specified in OAR 414-305-0520, a certified child care center must provide school-age children with opportunities to choose from a variety of activities, including:

(a) Individual projects, which may include homework;

(b) Exposure to individual and team physical activities;

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0600 General Requirements for the Care of Infants and Toddlers

(1) A certified child care center must not provide care for a child under six weeks of age.

(2) For infants and younger toddlers, a certified child care center must obtain the following information (also see OAR 414-305-0220, Children’s Records):

(a) Schedule of feeding;

(b) Types of food introduced and timetable for new foods;

(d) Child's way of communicating and being comforted.

(3) A certified child care center must provide the following information to each parent of an infant and toddler on a daily basis (also see OAR 414-305-0270, Notifications):

(a) Times and amount of food consumed;

(b) Their child's toilet and diapering activities;

(d) Their child’s general mood for the day; and

(e) A brief summary of the activities in which the child participated.

(4) A certified child care center must be responsive to each infant and toddler’s individual, physical, and developmental needs.

(a) Infants and younger toddlers must be allowed to form and follow their own pattern of sleeping and waking periods.

(b) Each child must be given opportunities throughout the day to move freely in a safe, clean, open, and uncluttered area.

(5) A certified child care center must not leave an awake child in a play yard, for the purposes of playing, for more than 15 minutes in any 2 hour period.

(6) Restrictive infant equipment, including, but not limited to, bouncers, exersaucers, swings, infant seats, high and low chairs or structured infant carriers may be used for no more than 15 minutes in any 2 hour period.

(a) Children must not be left in high chairs or other types of feeding chairs other than feeding times.

(b) Children who are actively engaged in eating, outdoor walks, or car rides can exceed the 15 minute limit for restrictive infant equipment used in these activities.

(7) Throughout the day, a certified child care center must engage each child in frequent, multiple, and social interactions by:

(a) Talking and listening to children, encouraging infants to respond, naming objects, feelings, and desires, and describing actions;

(b) Giving individual attention to children when needed;

(d) Mirroring similar infant sounds and sharing a focus of the child’s attention.

(8) A certified child care center must use routines relating to activities such as naptime, feeding, diapering, and toileting as opportunities for language development (e.g., naming objects, singing, saying rhymes), building the child's self-esteem, and other learning experiences.

(9) A certified child care center must not use electronic media, including, but not limited to televisions, laptops, tablets, and cell phone screens with children under the age of 2 years, unless used to supplement an activity for brief periods of time.

(10) A certified child care center must encourage the development of self-help skills (dressing, toileting, washing, eating) as children show interest.

(11) If infants and young toddlers are sharing an activity area used by older children, a certified child care center must:

(a) Ensure there is separation of non-mobile infants from mobile children; and

(b) Ensure activities and materials are safe and developmentally appropriate to children in the group.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0610 Feeding Infants and Toddlers

(1) If serving children under 12 months of age, a certified child care center must comply with the following requirements for each child under 12 months of age:

(a) The center must have and follow a written feeding plan and schedule that includes the types and amounts of formula, human milk, and food that is obtained from the child’s parent(s) and updated regularly.

(b) The center must feed the child on their own feeding schedule and fed when hungry.

(c) The center must clearly mark formula, human milk, bottles, and food provided by the parent(s) with the child's full name and date and refrigerated if required.

(d) The center may not give infant formula to an infant who consumes human milk, without parental consent.

(e) The center must give human milk only to the child specified to receive it by the parent(s).

(f) Human milk must:

(A) Be labeled with the child's full name and the date expressed;

(B) Be stored for no more than:

(i) 24 hours in the refrigerator when thawed or defrosting; or

(ii) Six months from the expression date in the freezer.

(D) Not be warmed in a microwave;

(E) Not reused after 2 hours from serving;

(F) Not be returned to the refrigerator, freezer, or re-warmed once warmed.

(g) If human milk or formula is given to the wrong child, parents of both children must be immediately notified and the incident documented as an accident/incident.

(h) Human milk that has not been served, must be returned to the parent in the bottle or container that it was provided in.

(i) Prepared formula not used may be returned to the parent or discarded daily, based on the preference of the parent.

(j) When formula is provided by the center, it must be either:

(A) Commercially prepared, iron-enriched, ready-to-feed type; or

(B) Prepared from powder or concentrate and diluted according to manufacturers' instructions.

(k) When formula is prepared on site, it must be mixed in a kitchen or classroom food preparation area approved by the environmental health specialist.

(l) When formula is provided by parents:

(A) It must come in sealed containers; and

(B) The caregiver must follow the manufacturer's instructions for mixing and storing of any formula preparation, unless requested by the child’s parent(s) and with a medical practitioner’s written permission.

(m) Whole milk, skim milk, 1 percent milk, and 2 percent milk must not be served unless requested by the child's parent(s) and with a medical practitioner’s written permission.

(n) The center must not serve juice, of any kind, to infants.

(o) Infant formula cannot be mixed with cereal, fruit juice, or other foods without a medical practitioner’s written permission.

(p) The center must not give infants, under six months of age, water to drink, without written approval by a medical professional.

(q) The center must warm bottles only in one of the following ways: under running, warm tap water; using a commercial bottle warmer; stove top warming methods, or slow-cooking device; or by placing them in a container of warm water.

(A) Bottles must not be warmed in microwave ovens.

(B) Once warmed, a bottle must not be returned to the refrigerator or re-warmed.

(r) Bottles, bottle caps, nipples and other equipment used for bottle feeding that a certified child care center provides must be cleaned and sanitized by washing in a dishwasher or by washing, rinsing and boiling for 1 minute. Nipples must be stored in a closed container after sanitizing.

(s) Solid foods fed to infants must be selected from the Child and Adult Care Food Program Meal Pattern (CACFP):

(A) Solid foods must not be fed to infants less than four months of age;

(B) Commercially packaged baby food must be served from a dish and not directly from the factory-sealed container;

(D) Solid foods, with the exception of finger foods, must be fed with a spoon; and

(E) Food must be cut into small pieces no larger than 1/4 inch cubes for infants and 1/2 inch cubes for 1-year-olds.

(t) Partially served containers of baby food must be either sent home with parents or the contents discarded daily.

(2) When bottle feeding, a certified child care center must:

(a) Hold infants up to 6 months of age and older children who cannot hold their own bottles or sit alone;

(b) Ensure the infant’s head is elevated while being fed; and

(3) A certified child care center must not lay a child of any age down with a bottle or training cup.

(4) A certified child care center must not prop a bottle by any means at any time.

(5) When feeding solid foods, a certified child care center must ensure that infants are fed in an upright position.

(6) As soon as the child exhibits a desire to feed their self, the child must be assisted and encouraged to use their fingers for self-feeding, eat with a spoon, and to drink from individual cups.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0620 Furniture and Equipment for Infants and Toddlers

(1) A certified child care center must provide an individual crib, portable crib, or play yard for each infant.

(a) Each crib, portable crib, or play yard must:

(B) Have a firm, flat, non-inclined sleep surface;

(i) Be designed to fit the specific equipment used, with no gap between the mattress and sides of the product;

(ii) Be covered in a durable, washable, waterproof, form-fitting material;

(iii) Be firm enough that it maintains its shape and does not indent or conform to the shape of the infant’s head; and

(iv) Be covered in a tight-fitting sheet that remains tightly-fitted with normal use and does not have any slack or bunching.

(D) Be placed at least 2 feet from other cribs, portable cribs or play yards when in use that allows for a direct, unobstructed passage to each child;

(E) Be assigned and labeled by name or number for a specific child;

(F) Be thoroughly cleaned and sanitized before use by another child and when soiled; and

(G) Be placed away from window blinds or draperies.

(b) Bassinets are prohibited.

(d) Sheets must be changed when soiled, before use by another child, and at a minimum of once a week.

(2) Crib bumper pads must not be on the premises of a certified child care center.

(3) To support traditional indigenous practices, the center may allow cradleboards or other traditional indigenous sleep equipment to be used as a sleep surface for infants. Caregivers must be careful to not over-bundle or overheat an infant while using the equipment.

(4) If a certified child care center uses high chairs, the chairs must comply with current Consumer Product Safety Commission (CPSC) standards and have:

(a) A broad base to prevent tipping;

(b) A latch to keep a child from raising the tray; and

(5) If a certified child care center uses clip-on chairs, the chairs must have straps to prevent a child from sliding out.

(6) A certified child care center must provide at least one adult-sized chair for each group of infants and toddlers.

(7) A certified child care center must provide a variety and adequate supply of developmentally appropriate materials that are stimulating to a child’s senses and that are:

(a) Clean and washable or disposable;

(b) Not a choking hazard including toys and removable parts with a diameter less than 1-¼ inches, plastic bags, Styrofoam, and rubber or latex balloons;

(d) Removed from the certified child care center as soon as a program becomes aware an item has been recalled by CPSC.

(8) A certified child care center must provide materials and equipment that promote social and emotional activities such as:

(a) Pictures of children and adults exhibiting different emotions;

(b) Pictures of infants and family members;

(d) Music.

(9) A certified child care center may not use the following equipment for infants, which have been identified as unsafe for infants by the Consumer Product Safety Commission (CPSC) and the American Academy of Pediatrics:

(a) Baby walkers, which are devices that allow an infant to sit inside and are equipped with rollers or wheels and move across the floor;

(b) Baby doorway jumpers, which are devices that allow an infant to bounce while supported in a seat by an elastic "bungee cord" suspended from a doorway;

(d) Bean bags, waterbeds, and foam pads for use as sleeping equipment; and

(e) Unstructured infant slings or wraps.

History

Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024

Or. Admin. R. 414-305-0630 Safe Sleep

(1) In addition to safe equipment (OAR 414-305-0620), a certified child care center must follow safe sleep practices for infants to reduce the risk of sudden unexpected infant death (SUID) as follows: