Or. Admin. R. 414-075-0250

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

Section 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;

(c) Is related to the child by blood or marriage within the fourth degree;

(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

(C) Caregivers are always able to contact the parent.

(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.

(c) In the following combinations of exempt care:

(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.

Or. Admin. R. 414-075-0250

DELC 136-2023, adopt filed 12/06/2023, effective 12/7/2023; DELC 3-2024, minor correction filed 01/29/2024, effective 1/29/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.135 & ORS 329A.280