Or. Admin. R. 414-305-1610 - SANCTIONS-Suspension, Denial and Revocation

(1) CCLD may immediately, and without prior notice, suspend a certified child care center's certification when, in the opinion of CCLD, such action is necessary to protect the children from physical or mental abuse or a substantial threat to health, safety or well-being. Such action may be taken before an investigation is completed.

(2) If a certified child care center's certification has been suspended, the center must:

(a) Immediately notify, verbally or in writing, all parents of the suspension;

(b) Immediately provide CCLD with all names, work and home telephone numbers and addresses of the parent(s) or legal guardian(s) for each child; and

(c) Post the suspension on the main entry door where it can be viewed by parents and others for the duration of the suspension.

(3) If necessary to protect children, CCLD may give public notice of denial, suspension or revocation action taken. The type of notice will depend on individual circumstances.

(4) If a certified child care center does not request a hearing and the conditions which resulted in suspension have not been corrected, the center's certification shall be revoked.

(5) Certification may be denied or revoked if a certified child care center:

(a) Fails to meet requirements or correct deficiencies;

(b) Fails to correct conditions which resulted in suspension;

(c) Fails to provide CCLD with information requested;

(d) Refuses to allow an inspection or allows an inspection only after CCLD has obtained a warrant;

(e) Is operated or maintained in a manner which is harmful to the health, safety or wellbeing of children in care;

(f) Employs staff or has an operator who is not enrolled in the CBR or whose CBR enrollment is suspended;

(g) Is owned by an individual who has denied or suspended enrollment in the CBR unless the center establishes that the owner will not be on the premises while children are in care or have access to child care children;

(h) Knowingly provides inaccurate information to CCLD or causes staff to do so;

(i) Interferes with the good faith disclosure of information by staff or a volunteer concerning the abuse or mistreatment of a child in the certified child care center, violations of certification requirements, criminal activity at the center, violations of state or federal law or any practice that threatens the health and safety of child care children, or otherwise engages in conduct prohibited by ORS 329A.348.

(6) If a certified child care center's certification has been denied or revoked, the center must immediately notify all parents of the closure and shall post a notice of the closure where it can be viewed by parents and others. The notice shall remain posted for a minimum of 2 weeks.

(7) A certified child care center may appeal any decision to suspend, deny or revoke the certification, subject to the provisions of chapter 183, Oregon Revised Statutes.

(8) CCLD may report any action to deny, suspend, or revoke a certified child care center's certification to the Department of Human Services, USDA Child Care Food Programs, or Child Care Resource and Referral System.

(9) If a certified child care center's certification has been denied or revoked for cause, the center is not eligible to reapply for a certified child care center certification for 5 years after the date of CCLD's final order denying or revoking the certification for cause.

(10) If any person, who is enrolled in the CBR, has been charged with, arrested for, or a warrant is out for any of the crimes which CCLD has determined indicate behavior which may have a detrimental effect on a child, with final disposition not yet reached, certification of such person to own or operate a certified child care center may be denied or suspended or revoked until the charge, arrest, or warrant has been resolved if the person continues to own, operate, be employed in or reside in the center, or have access to children in the center.

(11) A certified child care center's certification may be denied, suspended or revoked if an individual has child abuse or neglect history or an open child protective services, child abuse or neglect, or law enforcement case that would make the individual ineligible for enrollment in the CBR.

Notes

Or. Admin. R. 414-305-1610

ELD 10-2023, adopt filed 06/28/2023, effective 1/1/2024; DELC 51-2024, minor correction filed 04/12/2024, effective 4/12/2024

Statutory/Other Authority: ORS 329A.252, ORS 329A.260 & ORS 329A.350

Statutes/Other Implemented: ORS 329A.260, ORS 329A.350 & ORS 329A.348