OAR 414-350-0120
Caregiver/Child Ratios and Supervision

(1) The number of caregivers and group size shall be determined by the number and ages of the children in attendance:
(a) All children in the home, including the provider’s or other caregivers’ own children, shall be counted in determining the caregiver/child ratio and group size;
(b) All children visiting the home on a regular basis will count in capacity. Children attending with a parent do not count as enrolled as long as the parent remains with and is responsible for non-enrolled children;
(c) The required caregiver/child ratios shall be met at all times.
(2) Children shall at all times have the full attention of and be supervised by the required number of caregivers:
(a) Children shall be within sight and/or sound of a caregiver at all times;
(b) A caregiver shall be near enough to children to respond when needed. Children out of direct visual contact shall be monitored regularly and frequently and must be in approved activity areas;
(c) Children may not be on a floor level of the home unless a caregiver is on the same floor level, except as specified in OAR 414-350-0120 (Caregiver/Child Ratios and Supervision)(2)(d);
(d) When bathroom facilities are not on the same floor level, a written plan for adequate supervision of both bathroom and child care areas shall be developed and implemented.
(3) The number of caregivers is determined by the age and number of the youngest child(ren) in the group. If the provider is certified to care for more than 12 children and plans to care for more than 8 infants and/or toddlers, the provider must develop a plan showing how infants and toddlers will be limited to a group size of not more than eight. The plan must be approved by OCC:
(a) If all children are in the same age group, the following table determines the staff/child ratio;
(b) If children in care include any infants and/or toddlers, the following table determines the staff/child ratio;
(c) If children in care include a mix of only preschool and school aged children, the following table determines the staff/child ratio;
(d) Even though staff/child ratios are specified in (a) and (b) above, a certified family child care provider may care for 10 children ages 6 weeks to school-age if:
(A) No more than 6 children are pre-school age or younger, including the provider’s own children and any staff children;
(B) Of the 6, only 2 children are under 24 months of age; and
(C) Four of the children are school-age.
(4) The maximum number of children allowed in a certified family child care home at any one time is 16.
(5) If the home is certified to care for more than 12 children and the age blend is such that group separation is required:
(a) Groups may be joined for: meals, naps, outdoor play, and limited quiet activities such as a video or circle time;
(b) Provider must develop a plan that shows how the groups will be separated without requiring remodeling of the home. The plan must be approved by OCC.
(6) If the facility provides care to more than two children under 24 months of age, the provider shall meet the requirements specified in OAR 414-350-0100 (The Provider)(4).
(7) Prior to a facility providing care to more than four children under 24 months of age, at least one caregiver other than the provider shall meet the requirements specified in OAR 414-350-0100 (The Provider)(4). In addition, the provider shall have an extra 20 clock hours of training specific to infant and toddler care above and beyond the original requirements. If the facility is certified to care for more than 12 children, there must be someone who meets the training requirements of OAR 414-350-100(4) on site at all times that five or more children under 24 months of age are in care.
[ED NOTE: Tables referenced are available from the agency.]
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Source: Rule 414-350-0120 — Caregiver/Child Ratios and Supervision, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=414-350-0120.

Last Updated

Jun. 8, 2021

Rule 414-350-0120’s source at or​.us