Or. Admin. R. 414-305-0100 - Definitions
The following words and terms within these rules have the following meanings:
(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 but is not limited
to kitchens, hallways, toilet rooms, lockers, offices, storage areas, staff
room, furnace room, and the part of rooms occupied by stationary equipment and
fixtures not used by children.
(2)
"Applicant" means a person, business entity, or governing body who submits the
child care license application and in whose name the certificate will be
issued.
(3) "Attendance" means
children present in the care of the center at any given time.
(4) "Behavior and Guidance" means the on
going process of helping children develop self-control and assume
responsibility for their own behaviors and actions.
(5) "Business Day" means Monday through
Friday, but does not include any holiday as defined by ORS
187.010 and ORS
189.020, or any day that the
central office of CCLD is closed.
(6) "Capacity" means the total number of
children in care at the certified child care center or in care away from the
center at any one time.
(7)
"Caregiver" means any person in the center, who works directly with the
children, providing care, supervision, and guidance.
(8) "CBR" (Central Background Registry) means
CCLD's Registry of individuals who have been approved to be associated with a
child care facility in Oregon pursuant to ORS
329A.030 and OAR 414-061-0000 through 414-061-0120.
(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 an Oregon State Police records check and child abuse and neglect
records check but prior to receipt by CCLD of the results of the required FBI
records check.
(9)
"CCLD" means the Child Care Licensing Division, Department of Early Learning
and Care.
(10) "Child Care" means
the care, supervision, and guidance on a regular basis of a child,
unaccompanied by a parent, guardian, or custodial parent, during a part of the
24 hours of the day, with or without compensation.
(11) "Child Care Center" or "Center" means a
child care facility that is certified to provide care and education of
children, generally in a commercial or nonresidential setting, that is not a
certified family child care home.
(12) "Child with Specific Needs" means a
child who requires specialized supports or other accommodations including some
adaptation of the center's standard program of care, activities or equipment to
accommodate a physical, developmental, behavioral, mental or medical condition
or disability which is either permanent or temporary.
(13) "Children Related within the Fourth
Degree" includes the child's grandparent, great-grandparent, sibling, aunt,
uncle, brothers, sisters, nephews, nieces, great-nephews, great-nieces, and
first cousins.
(14) "Civil Penalty"
means a fine imposed by CCLD on a facility for violation of these
rules.
(15) "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; and
(d)
Curriculum is developmentally appropriate.
(16) "Contracted Services" means activities
(e.g., tumbling, music, soccer classes) provided on the premises by an
organization or program other than the center.
(17) "Developmentally Appropriate" means:
(a) Caregivers interact with each child in a
way that respects the child's unique abilities;
(b) Caregivers have knowledge about how
children grow and learn;
(c)
Activities, materials, and curriculum reflect the interests and abilities of a
specific child or group of children being served; and
(d) Equipment is appropriately sized or
adapted so that each child can participate fully and safely.
(18) "Director" means the
individual serving as the on-site manager with the primary responsibility for
the day-to-day operation, supervision, and administration of a child care
center as identified pursuant to OAR 414-305-0260(2)(g) and who meets the
qualifications of director as provided in OAR 414-305-0320.
(19) "Disinfect" means to eliminate virtually
all germs from an inanimate surface by the process of cleaning and rinsing,
followed by:
(a) A chlorine bleach and water
solution following the manufacturer's instructions; or
(b) Other disinfectant products registered
with the EPA, if used strictly according to the manufacturer's label
instructions including, but not limited to, quantity, time the product must be
left in place, adequate time to allow the product to dry or rinsing if
applicable, and appropriateness for use on the surface to be disinfected. Any
disinfectant used on food contact surfaces or toys must be labeled "safe for
food."
(20) "Dropin
Care" means care provided only on an irregular basis, any time of the day or
night for no more than 25 hours per week per child.
(21) "Family" means a group of individuals
related by blood, marriage or adoption, or individuals whose functional
relationships are like those found in such associations.
(22) "Field Trip" means an excursion or
program activity with a specific destination away from the center that begins
when staff and children leave the center's property, whether by vehicle or by
walking. It does not include neighborhood walks, routine school or home pick-up
and drop-offs provided by the center.
(23) "Fire Code Official" means a Fire
Inspector II, Fire Marshal, Deputy State Fire Marshal or designated person
defined by ORS 476.030, ORS
476.060 and OAR
837-039-0016.
(24) "Hazard" means
anything that may inflict injury or cause harm.
(25) "Inaccessible to children" means out of
reach of children by meeting one of the following requirements:
(a) Secured with a child safety device, such
as a child safety cupboard lock or doorknob device:
(A) A device specifically manufactured as a
child safety product; or
(B) For a
product not manufactured as a child safety product, the device must have a
multi-step opening process, or require two hands to open.
(b) Locked, such as in a locked room,
cupboard, or drawer; or locks that do not use a key or combination, such as a
deadbolt or hook-and-eye latch, only if they are installed at least 60 inches
high;
(c) Behind a properly secured
child safety gate; or
(d) In a
cupboard or on a shelf that is not within reach of any surface from where a
child could stand or climb.
(26) "Infant" means a child who is 6 weeks to
12 months of age.
(27)
"Infestation" means the invasion of insects and worms that causes a disease to
the host. These insects can be mites, ticks, fleas or lice. Worms can be
roundworms, pinworms, flatworms or other helminths.
(28) "License" means the document that is
issued by CCLD to a certified child care center. A license may also be referred
to as a certificate.
(29)
"Lockdown" means restricted to an interior room with few or no windows while
the facility or building is secured from a threat.
(30) "Multi-site Coordinator" means the
person responsible for coordinating over-all management and operation of a
number of sites in a multi-site program.
(31) "Multi-site Program" means a single
organization oversees or administers multiple single classroom sites, in which
no individual site has a licensed capacity of more than 20. In this program,
director duties are shared between on-site personnel and a multi-site
coordinator.
(32) "Night Care"
means care given between 9:00 p.m. and 5:00 a.m. or when any enrolled child
sleeps for more than 3 hours at the center.
(33) "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.
(34) "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.
(35) "Oregon Registry
Online" (ORO) means the statewide database that stores all submitted training
and education to be verified for use by CCLD.
(36) "Owner" 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.
(37)
"Parent" means a child's parent, a guardian, or a person 18 years of age or
older with supervisory responsibility of the child in the absence of the
child's parent.
(38) "Physical
Restraint" means purposely limiting or obstructing the freedom of a person's
bodily movement. Physical restraint does not include:
(a) Holding a child to comfort the child when
in distress;
(b) Holding a child to
move them safely from one area to another without the use of force (e.g.
redirecting a toddler to another activity);
(c) Assisting a child to complete a task, if
the child does not resist the physical contact (helping a child to tie their
shoe or hold a pencil or tool, bottle feeding, etc.); or
(d) Any prohibited discipline or action
listed in OAR 414-305-0710.
(39) "Play yard" means a framed
enclosure with mesh or fabric sides. A play yard is intended for sleeping and
playing accommodations.
(40)
"Potentially Hazardous Food" means any food or beverage containing milk or milk
products, eggs, meat, fish, shellfish, poultry, cooked rice, beans or pasta,
and all other previously cooked foods, including leftovers.
(41) "Premises" means the physical space and
building, or portions of a physical space or building, used by a center,
including all areas indoor or outdoor, directly accessible to the child care
children and center staff, and all areas not generally accessible if used for
any purpose related to child care. This includes but is not limited to laundry
rooms, kitchens, offices, staff break rooms, or storage rooms.
(42) "Preschool-Age Child" means a child who
is at least 36 months of age but not yet eligible to be enrolled in
kindergarten or above, before the first day of the current school
year.
(43) "Regular Teaching
Duties" means routinely scheduled, ongoing teaching responsibilities either on
a part or full-time basis. Serving as a substitute teacher on an infrequent
basis does not count as regular teaching duties.
(44) "Restrictable Disease" means an illness
or infection as identified by the Public Health Division in OAR 333-019-0010 that would prohibit the child from attending child care.
(45) "Sanitizing" means using a 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.
(46) "School-Age Center" means a child care
center that provides care only for school-age children eligible to be enrolled
in kindergarten or above in the next school year, and which does not include
night care as defined by these rules, in a nonresidential setting.
(47) "School-Age Child" means a child
eligible to be enrolled in kindergarten or above on or before the first day of
the current school year (also see ORS
329A.250(12)).
This includes the months from the end of the prior school year to the start of
the kindergarten school year.
(48)
"Serious Injury or Incident" means any of the following:
(a) Injury requiring surgery;
(b) Injury requiring admission to a
hospital;
(c) Injury requiring
emergency medical attention;
(d)
Choking and unexpected breathing problems;
(e) Unconsciousness;
(f) Concussion;
(g) Poisoning;
(h) Medication overdose;
(i) Broken or dislocated bone;
(j) Severe head or neck injury;
(k) Chemical contact in eyes, mouth, skin,
inhalation or ingestion;
(l) All
burns;
(m) Allergic reaction
requiring administration of Epi-Pen;
(n) Severe bleeding or stitches;
(o) Shock or confused state; or
(p) Near-drowning.
(49) "Serious Complaint" and "Serious
Violation" means an allegation or finding of noncompliance in which:
(a) Children are in imminent
danger;
(b) There are more children
in care than allowed by licensed capacity;
(c) Disciplinary methods prohibited under OAR
414-305-0710 are 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 CBR; or
(h) A center is providing child care without
the appropriate certification.
(50) "Shelter-in-Place" means staff and
children staying at the center due to an external threat such as a storm,
chemical or gas leak or explosion, or other event that prohibits the occupants
from safely leaving the building.
(51) "Staff" means an individual who is an
employee, or a volunteer who is in the center for more than a single
activity.
(52) "Substitute
Director" means the person in charge of the center during the hours of
operation when the director is not on site.
(53) "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 children's needs, and accountability for their care and
well-being. Supervision also requires that caregivers be near and have ready
access to children in order to intervene when needed.
(54) "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
414-305-0340.
(55) "Technical Assistance" means
consultation and advice given to providers to assist them in maintaining
compliance.
(56) "Toddler" means a
child who is 12 months of age to 36 months of age.
(a) "Younger Toddler" means a child who is 12
months of age to 24 months of age.
(b) "Older Toddler" means a child who is 24
months of age to 36 months of age.
(57) "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 qualified
child care provider or staff with supervisory authority.
(58) "Visitor" means someone who is at the
program for a single event, including but not limited to: a repair person,
privately contracted professional working with an individual child, or
librarian visiting the program. Visitors are not potential employees and are
not counted in ratio.
(59)
"Volunteer" includes any person who provides labor or services to a child care
center but is not compensated with employment pay or benefits. A volunteer must
never have unsupervised access to a child unless the volunteer is the child's
parent or if the volunteer is enrolled in the Central Background
Registry.
Notes
Statutory/Other Authority: 329A.260
Statutes/Other Implemented: 329A.250
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