OAR 414-300-0070
General Requirements
(1)
The operator shall establish a system of job descriptions, staff selection, and staff evaluation. All caregivers shall:(a)
Have competence, sound judgment, and self-control in working with children;(b)
Be mentally, physically, and emotionally capable of performing duties related to child care; and(c)
Have the required training and/or experience for the position for which they are hired.(2)
There shall be a person or persons on the staff who meet(s) the qualifications of director (OAR 414-300-0080 (Director — Qualifications and Duties)) and head teacher (OAR 414-300-0090 (Head Teacher — Qualifications and Duties)). A person assigned the duties of the position must meet the qualifications of the position.(3)
Notwithstanding OAR 414-300-0120 (Staff Training)(3), there shall be at least one person in the center at all times who has current certification in first aid and CPR.(4)
Any staff with evidence of a child care-restrictable disease, as defined in OAR 333-019-0010 (Disease Related School, Child Care, and Worksite Restrictions: Imposition of Restrictions), symptom of physical illness, as defined in OAR 414-300-0220 (Illness or Injury)(1), or mental incapacity that poses a threat to the health or safety of children shall be relieved of his/her duties.(5)
If additional information is needed to assess a person’s ability to care for children or to have access to children, OCC may require references, an evaluation by a physician, counselor, or other qualified person, or other information.(6)
No one shall have access to child care children or be in the center during child care hours who has demonstrated behavior that may have a detrimental effect on a child. This includes any individual in the center who has or may have unsupervised access, however brief, to child care children (i.e., the owner, the operator, all child care staff, maintenance staff who work on-site during hours of operation, volunteers who may be left alone with children, etc.). This does not apply to persons authorized to drop off and pick up a child care child.(a)
The operator, all child care staff and others as described in section (6) above 18 years of age or older shall be enrolled in OCC’s Central Background Registry prior to the issuance of an initial or renewal certification;(b)
The facility must receive confirmation from OCC that staff who are 18 years of age or older, are enrolled or conditionally enrolled in the CBR before they may be on-site of the child care premises during child care hours.(c)
When a center is notified by OCC that a staff member or other individual has been removed from the Central Background Registry, the center shall not permit the staff member or other individual to have access to child care children;(d)
If any person listed in section (6) and section (6)(a) of this rule has been charged with, arrested for, or a warrant is out for any of the crimes which OCC has determined indicate behavior which may have a detrimental effect on a child, with final disposition not yet reached, certification will be denied or suspended until the charge, arrest, or warrant has been resolved if the person continues to operate, be employed in, or have access to children in the center;(e)
If a criminal record check shows that a warrant has been issued for any person checked, OCC will inform the originating law enforcement agency of the person’s name, address, and telephone number.(12)
The center shall maintain a log of arrival and departure times of all individuals 18 and older who are not enrolled or conditionally enrolled in the CBR and enter the center while child care children are present, excluding persons authorized to drop off and pick up a child care child.(13)
If additional information is needed to assess a person’s ability to care for children or to have access to children, OCC may require references, an evaluation by a physician, counselor, or other qualified person, or other information.(14)
Alcohol shall not be consumed or stored on the child care center premises during the hours the child care business is conducted or when child care children are present. No one shall be under the influence of alcohol on the child care center premises during the hours the child care business is conducted or when child care children are present.(15)
No one shall possess, use or store illegal controlled substances on the child care center premises. No one shall be under the influence of illegal controlled substances on the child care center premises.(16)
No one shall grow or possess marijuana plants or distribute marijuana on the child care center premises. No one shall possess, use or store marijuana on the premises of the child care center unless medically necessary to treat a child care child. No adult shall use or be under the influence of marijuana on the child care center premises.(17)
Marijuana, derivatives and associated paraphernalia shall not be kept on the child care center premises unless medically necessary to treat a child care child. All associated medical marijuana must be kept in original container if purchased at a dispensary, and together with derivatives and related paraphernalia must be kept under child safety lock.(18)
Volunteers must meet the following requirements:(a)
If volunteers are counted in determining the staff/child ratios, they must meet the qualifications of the position they are filling and be enrolled in the Central Background Registry;(b)
If volunteers may have unsupervised access to children, they must be enrolled in the Central Background Registry;(c)
If volunteers do not have unsupervised access to children at any time, including during emergencies, the center must have a written policy to this effect, the policy must be known to all center staff and volunteers, and the volunteers do not have to be enrolled in the Central Background Registry.
Source:
Rule 414-300-0070 — General Requirements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=414-300-0070.