Oregon Oregon Department of Education, Early Learning Division

Rule Rule 414-350-0000
Applicability of Rules


(1) OAR 414-350-0000 (Applicability of Rules) through 414-350-0405 (Civil Penalty) set forth the Office of Child Care’s (OCC) requirements for the inspection and certification of certified family child care homes 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) Care for no more than 16 children; and
(b) Are located in a building constructed as 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) The following child care facilities are specifically excluded by law and are not required to comply with these rules:
(a) A registered family child care home;
(b) A facility providing 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 414-350-0000 (Applicability of Rules)(2);
(c) Care provided in the home of the child; or
(d) A facility that provides care on an occasional basis by a person, sponsor, or organization not ordinarily engaged in providing child care except as provided in 414-350-0000 (Applicability of Rules)(2); or
(e) A facility that provides care for no more than three children other than the person’s own children except as provided in 414-350-0000 (Applicability of Rules)(2);
(f) A facility that provides care for children from only one family other than the person’s own family except as provided in 414-350-0000 (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 certified family child care homes.
(7) These rules apply only during the hours the provider is conducting the certified family child care business.
Source

Last accessed
Jun. 8, 2021