(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 kitchens, hallways, toilet rooms, multi-purpose areas used by all children, lockers, office, storage areas, isolation quarters, staff room, furnace room, and that part of rooms occupied by heating stoves, or stationary equipment not used by children. Additional exclusions may apply for specific age groups.
(2)“Attendance” means children actually present in the center at any given time.
(3)“Capacity” means the total number of children allowed in the center at any one time, based on the available indoor and outdoor square footage, the number of toilets in the center and the number of qualified staff.
(4)“Caregiver” means any person in the child care center who works directly with the children, providing care, supervision, and guidance.
(5)“Central Background Registry” means OCC’s Registry of individuals who have been approved to be associated with a child care facility in Oregon pursuant to ORS 329A.030 (Central Background Registry) and OAR 414-061-0000 (Purpose) through 414-061-0120 (Rights for Review and Contested Case Hearings).
(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 a Oregon State Police records check and child abuse and neglect records check but prior to receipt by OCC of the results of the required FBI records check.
(6)“Certificate” means the document that is issued by OCC to a child care center pursuant to ORS 329A.280 (When certification required).
(7)“Child Care” means the care, supervision, and guidance on a regular basis of a child, unaccompanied by a parent, guardian, or custodian, during a part of the 24 hours of the day, with or without compensation. Child care does not include the care provided:
(a)In the home of the child;
(b)By the child’s parent or guardian, or person acting in loco parentis;
(c)By a person related to the child by blood or marriage within the fourth degree as determined by civil law;
(d)On an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care; or
(e)By providers of medical services.
(8)“Child Care Area” means that indoor and outdoor area specifically certified for use by the center and includes all activity areas and other areas of the facility used to provide child care, such as kitchen, toilet rooms, offices, storage areas, and rooms used solely for napping or eating. This may be a specific portion or portions of the building and grounds of a larger facility or one or more buildings at the same location.
(9)“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 over and above the norm for his/her age, for whom the child care center has supervisory responsibility in the temporary absence of the parent.
(10)“Child Care Center” or “Center” means a child care facility that is certified to care for thirteen or more children, or a facility that is certified to care for twelve or fewer children and located in a building constructed as other than a single family dwelling.
(11)“Child with Special Needs” 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.
(12)“Child Care Facility” means any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before or after school care, or child development center, except those excluded under ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450). This term applies to the total child care operation and includes the physical setting, administration, staff, equipment, program, and care of children.
(13)“Civil Penalty” means a fine imposed by OCC on a facility for violation of these rules.
(14)“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;
(c)Group size is similar to a certified child care facility;
(d)Curriculum is age appropriate; and
(e)The program is not providing uncertified drop-in care.
(15)“Contracted services” means activities (e.g., tumbling, music) provided by an organization or program other than the center, where non-center staff come into the center or the children are transported to another location.
(16)“Director” means a person who is designated by the operator as director or administrator of the center and who meets the qualifications of director pursuant to OAR 414-300-0080 (Director — Qualifications and Duties).
(17)“Drop-in Care” means care provided on an unscheduled, irregular basis, any time of the day or night, exclusively for drop-in children in a child care center.
(18)“Enrollment” means all children registered to attend the center.
(19)“Group” means a specific number of children assigned to specific staff.
(20)“Guidance and discipline” means the on-going process of helping children develop self control and assume responsibility for their own acts.
(21)“Head Teacher” means the person(s) who is responsible for the development and implementation of the program of activities for each infant and toddler, preschool age, and school-age program in the center.
(22)“Infant” means a child who is a least six weeks of age up to 12 months of age.
(23)“Infant and Toddler Age Program” means care and education provided in a center, or part of a center, to children between the ages of six weeks and thirty-six months.
(24)“Night Care” means care given to children who sleep at the child care center for all or part of the night.
(25)“Non-serious Violation” means OCC has made a valid finding when assessing a complaint alleging a violation not listed in OAR 414-300-0005 (Definitions)(44)
(26)“OCC” means the Office of Child Care of the Department of Education or the Administrator or staff of the Office of Child Care.
(27)“Occasional” means infrequently or sporadically, including but not limited to care that is provided during summer or other holiday breaks when children are not attending school, but not to exceed 70 calendar days in a year.
(28)“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.
(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)“Outbreak of a communicable disease” means two cases from separate households associated with a suspected common source.
(31)“Owner” means the person, group, corporation, partnership, governing body, association, or other public or private organization which holds the child care center as property and has a major financial stake in the operation of the center. The owner may or may not be active in the operation of the center; the owner may also be the operator.
(32)“Parent” means parent(s), custodian(s), or guardian(s), exercising physical care and legal custody of the child.
(33)“Parent cooperative” means a child care program in which:
(a)Care is provided by parents on a rotating basis;
(b)Membership in the cooperative includes parents;
(c)There are written policies and procedures; and
(d)A board of directors that includes parents of the children cared for by the cooperative controls the policies and procedures of the program.
(34)“Premises” means the structure that is identified on the application, including indoors and outdoors and space not directly used for child care under the direct control of the child care facility.
(35)"Preschool‐Age Child" means a child who is 36 months of age to eligible to attend kindergarten or above in public school.
(36)“Preschool-Age Program” means care and education provided in a center, or part of a center, to children 36 months of age to eligible to attend kindergarten.
(37)“Program” means all activities and care provided for the children during their hours of attendance at the center.
(38)“Qualifying Teaching Experience” means:
(a)For infant/toddler and preschool age groups, 1,500 hours, gained with a group of the same age children in at least three-hour blocks, within a 36-month period;
(b)For school-age groups, 600 hours, gained with a group of the same age children in at least three-hour blocks, within a 36-month period. Qualifying teaching experience must be documented. Time spent in a college practicum or practice teaching is considered qualifying teaching experience. The following does not constitute qualifying teaching experience: leader of a scout troop; Sunday school teacher; and coaching.
(39)“Sanitizing” means using a bactericidal 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.
(40)"School‐Age Child" means a child eligible to attend kindergarten or above in public school. This includes the months from the end of the prior school year to the start of the kindergarten school year.
(41)“School-Age Program” means care and education provided in a center, part of a center, school or other facility to children attending kindergarten or eligible to be enrolled in the first grade or above and, during the months of summer vacation from school, eligible to be enrolled in the first grade or above in the next school year.
(42)“Serious complaint” means a complaint filed against:
(a)A certified child care center by a person who has alleged that:
(A)Children are in imminent danger;
(B)There are more children in care than allowed by certified capacity;
(C)Corporal punishment is being used;
(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; or
(G)Adults are in the center who are not enrolled in the Central Background Registry; or
(b)A facility providing child care, as defined ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450)(3), which is not a certified child care center by a person who has alleged that there are more children in care than allowed by law.
(44)“Serious Violation” means OCC has made a valid finding when assessing a complaint that alleges:
(a)Children are in imminent danger;
(b)There are more children in care than allowed by law;
(c)Corporal punishment is being used;
(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 Central Background Registry; or
(h)A facility is providing child care as defined in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450)(4) which is not a certified child care center, by a person who has alleged that there are more children in care than allowed by law.
(45)“Site Director/Supervisor” means the person in charge of the facility at a site which is part of a larger multi-site program.
(46)“Site Coordinator” means the person responsible for coordinating over-all management and operation of a number of sites in a multi-site program.
(47)“Staff” means an individual who is the director, an employee, or a volunteer who is in the center for more than a single activity.
(48)“Substitute Director” means the person in charge of the center during the hours of operation when the director is not on site.
(49)“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 program requirements and children’s needs, and accountability for their care and well-being. Supervision also requires that staff be near and have ready access to children in order to intervene when needed.
(50)“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 414-300-0100 (Teacher).
(51)“Teacher Aide” means a caregiver who works under the direct supervision of a teacher and who meets the qualifications of Aide I or Aide II pursuant to OAR 414-300-0110 (Teacher Aides).
(52)“Toddler” means a child who is able to walk alone but is under 36 months of age. “Younger toddler” means a child who is able to walk alone but is under 24 months of age; “older toddler” means a child who is 24 months of age but under 36 months of age.
(53)“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.
Rule 414-300-0005 — Definitions,