Or. Admin. R. 414-075-0010

Current through Register Vol. 63, No. 8, August 1, 2024

Section 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 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 414-075-230. 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, or certified school-age child care center.

(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, 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.

Or. Admin. R. 414-075-0010

ELD 9-2023, temporary adopt filed 06/28/2023, effective 7/1/2023 through 12/27/2023; DELC 136-2023, adopt filed 12/06/2023, effective 12/7/2023; DELC 19-2024, minor correction filed 04/01/2024, effective 4/1/2024

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