Oregon Oregon Department of Education, Early Learning Division

Rule Rule 414-300-0000
Applicability of Rules


(1)

OAR 414-300-0000 (Applicability of Rules) through 414-300-0415 (Civil Penalty) set forth the Office of Child Care’s (OCC) requirements for inspecting and certifying those child care facilities subject to Oregon laws governing child care facilities, ORS 329A.030 (Central Background Registry), 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) through 329A.310 (Application), 329A.350 (Denial, revocation or suspension of certification or registration) through 329A.460 (Separate sleeping quarters not required for certain persons providing child care or babysitting services) and 329A.990 (Criminal penalty), that:

(a)

Serve thirteen or more children; or

(b)

Serve twelve or fewer children and are located in a building constructed as other than a single-family dwelling.
(2) Individuals who are not enrolled in the Central Background Registry because of removal, denial for cause, or voluntary surrender in lieu of legal action, may only care for their own children or children related within the fourth degree as determined by civil law, pursuant to ORS 329A.252 (Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended).

(3)

These rules do not apply to child care facilities specifically excluded by law. Excluded facilities are those that:

(a)

Provide care for preschool children that is primarily educational for four hours or less per day and where no preschool age child is present at the facility for more than four hours per day except as provided in 414-300-0000 (Applicability of Rules)(2); or

(b)

Provide care for school-age children that is primarily a single enrichment activity, for eight hours or less a week; or

(c)

Provide care in which youth development activities are provided to school-age children during hours that school is not in session and which does not take the place of a parent’s care; or

(d)

Provide care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; or. This exclusion applies only to the time engaged in the group athletic or social activities and if the children can come and go as they please; or

(e)

Are operated by a school district, political subdivision of this state, or a government agency; or

(f)

Are operated on an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care except as provided in 414-300-0000 (Applicability of Rules)(2); or

(g)

Operate as a parent cooperative for no more than four hours a day; or

(h)

Provide care while the child’s parent remains on the premises and is engaged in an activity offered by the facility or in other nonwork activity; or

(i)

Provide care for three children other than the person’s own children except as provided in 414-300-0000 (Applicability of Rules)(2); or

(j)

Provide care for children from only one family other than the person’s own family except as provided in 414-300-0000 (Applicability of Rules)(2).

(4)

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.

(5)

For purposes of these rules, the determination of compliance or noncompliance shall be made by OCC.
(6) Providers have a right to review any action or decision affecting them. The OCC grievance procedures are available upon request to all applicants for child care certification or operators of centers.
Source

Last accessed
Jun. 8, 2021