Previous Rules


461-165-0180    Effective 07/01/19
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.
  2. The Department may approve a child care provider who is legally exempt (see section (12) of this rule)as a child care provider for a child (see OAR 461-001-0000) in their household, despite the criminal or CPS history of another member of this household, if all of the following requirements are met:

    1. There is no criminal history consisting of a disqualifying crime listed in 45 CFR 98.43(c).

    2. The household member with the criminal or CPS history is a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) of the child needing child care.
    3. The child care is needed for the household member with the criminal or CPS history to participate in the JOBS program, or the education or employment covered by the ERDC program.
    4. The approval for Department payments only applies for the child of the household member, or a child for whom the household member is a caretaker relative.
  3. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (8) of this rule: (b), (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), (t), or in section (11) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  4. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (5) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  5. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each individual in the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  6. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt:

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (12) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.
    4. In the case of a tribally licensed child care facility:

      1. Must receive annual health and safety inspections from the Indian Health Services;
      2. Each individual who may have unsupervised access to a child in care must be enrolled in the Early Learning Division Office of Child Care Central Background Registry or approved by the Department of Human Services Background Check Unit;
      3. Complete the Department's listing process; and
      4. Be approved by the Department.

  7. Each individual described in section (5) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  8. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care; and

      1. Have competence, sound judgment and self-control when working with children; and
      2. Be mentally, physically and emotionally capable of performing duties related to child care.
    3. Not be in the same ERDC or TANF filing group (see OAR 461-110-0330 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of the child.

    4. Allow the Department to visit or inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care.

      1. Times must be recorded as the child care children arrive and depart.
      2. Written attendance and billing records for each child receiving child care benefits from the Department must be retained for a minimum of 12 months and provided to the Department upon request.
    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest, indictment, or conviction of any subject individual or individual described in section (5) of this rule.

      2. Any involvement of any subject individual or individual described in section (5) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (5) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.  This includes being within sight or sound of all children; being aware of what each child is doing; being near enough to children to respond when needed; and being physically present when kindergarten-age or younger children are playing outside, unless the play area is fully fenced and hazard free.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (12) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form, or a non-medical or medical Exemption form, on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has water that is safe for drinking and preparing food. (see section (15) of this rule)

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (12) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

    22. Provide care at a location within the state of Oregon.

  9. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training prior to Department approval.

  10. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if the provider begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  11. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  12. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  13. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based or classroom training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  14. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.
  15. Except as noted otherwise below, the requirements of this section are in effect starting September 30, 2018. As used in this section, “drinking water faucet or fixture” means any plumbing fixture on the premises used to obtain water for drinking, cooking, preparing infant formula or preparing food. This section only applies to a provider who is legally exempt and not a legally exempt relative. This section applies to legally exempt providers approved to receive Department subsidy payments prior to September 30, 2018.  This section applies to legally exempt providers who submit a completed Child Care Provider Listing form for Department-approval starting September 30, 2018. This section does not apply to care provided in the child’s home when the legally exempt provider lives somewhere else.

    1. In locations where care is provided, lead testing is required for each drinking water faucet or fixture.
    2. Providers must test each drinking water faucet or fixture at least once every six years from the date of the last test. Providers who have had a drinking water faucets or fixture tested within six years prior to the effective date of this rule will need to submit the results to the Department or the Office of Child Care (OCC), in the Department of Education, Early Learning Division.
    3. If a home or facility does not use any of the on-site plumbing fixtures to obtain water for drinking, cooking, preparing infant formula, or preparing food, the provider must:

      1. Submit a written statement to the Department or OCC identifying the alternative source of water and confirming that the provider does not use any on-site plumbing fixtures for drinking, cooking, preparing infant formula, or preparing food; and
      2. Notify the Department or OCC in writing if the alternative source of water changes.
    4. All sample collection and testing must be in accordance with the Environmental Protection Agency (EPA)’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by this reference.
      1. If test results show water from any drinking water faucet or fixture has 15 parts per billion (ppb) or more of lead, the provider must:

        1. Prevent access to that drinking water faucet or fixture immediately after receiving the test results; and
        2. Continue to prevent access to that drinking water faucet or fixture until mitigation is completed in accordance with paragraph (B) of this subsection.

      2. Following receipt of test results showing that water from any drinking water faucet or fixture has 15 parts per billion (ppb) or more of lead, the provider must comply with all of the following sub-paragraphs:

        1. Submit a corrective action plan to the Department or OCC for approval within 60 days of receiving the test results. The corrective action plan must identify an appropriate mitigation strategy in accordance with Module 6 of the EPA’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by this reference.
        2. Implement the mitigation method within 30 days of approval by OCC.

      3. A provider who fails to submit a corrective action or a mitigation method is no longer eligible to receive child care subsidy payments.

    5. The provider must keep a copy of the most recent test results on-site at all times.
    6. Providers must follow the routine practices identified in Module 6 of the EPA’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018.

Statutory/Other Authority: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Statutes/Other Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 01/24/19 through 06/30/19
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.
  2. The Department may approve a child care provider who is legally exempt (see section (12) of this rule)as a child care provider for a child (see OAR 461-001-0000) in their household, despite the criminal or CPS history of another member of this household, if all of the following requirements are met:

    1. There is no criminal history consisting of a disqualifying crime listed in 45 CFR 98.43(c).

    2. The household member with the criminal or CPS history is a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) of the child needing child care.
    3. The child care is needed for the household member with the criminal or CPS history to participate in the JOBS program, or the education or employment covered by the ERDC program.
    4. The approval for Department payments only applies for the child of the household member, or a child for whom the household member is a caretaker relative.
  3. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (8) of this rule: (b), (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), (t), or in section (11) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  4. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (5) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  5. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each individual in the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  6. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt:

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (12) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.
    4. In the case of a tribally licensed child care facility:

      1. Must receive annual health and safety inspections from the Indian Health Services;
      2. Each individual who may have unsupervised access to a child in care must be enrolled in the Early Learning Division Office of Child Care Central Background Registry or approved by the Department of Human Services Background Check Unit;
      3. Complete the Department's listing process; and
      4. Be approved by the Department.

  7. Each individual described in section (5) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  8. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care; and

      1. Have competence, sound judgment and self-control when working with children; and
      2. Be mentally, physically and emotionally capable of performing duties related to child care.
    3. Not be in the same ERDC or TANF filing group (see OAR 461-110-0330 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of the child.

    4. Allow the Department to visit or inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care.

      1. Times must be recorded as the child care children arrive and depart.
      2. Written attendance and billing records for each child receiving child care benefits from the Department must be retained for a minimum of 12 months and provided to the Department upon request.
    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest, indictment, or conviction of any subject individual or individual described in section (5) of this rule.

      2. Any involvement of any subject individual or individual described in section (5) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (5) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.  This includes being within sight or sound of all children; being aware of what each child is doing; being near enough to children to respond when needed; and being physically present when kindergarten-age or younger children are playing outside, unless the play area is fully fenced and hazard free.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (12) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form, or a non-medical or medical Exemption form, on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has water that is safe for drinking and preparing food. (see section (15) of this rule)

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (12) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

    22. Provide care at a location within the state of Oregon.

  9. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training prior to Department approval.

  10. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if the provider begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  11. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  12. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  13. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based or classroom training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  14. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.
  15. Except as noted otherwise below, the requirements of this section are in effect starting September 30, 2018. As used in this section, “drinking water faucet or fixture” means any plumbing fixture on the premises used to obtain water for drinking, cooking, preparing infant formula or preparing food. This section only applies to a provider who is legally exempt and not a legally exempt relative. This section applies to legally exempt providers approved to receive Department subsidy payments prior to September 30, 2018.  This section applies to legally exempt providers who submit a completed Child Care Provider Listing form for Department-approval starting September 30, 2018. This section does not apply to care provided in the child’s home when the legally exempt provider lives somewhere else.
    1. In locations where care is provided, lead testing is required for each drinking water faucet or fixture.
    2. Providers must test each drinking water faucet or fixture at least once every six years from the date of the last test. Providers who have had a drinking water faucets or fixture tested within six years prior to the effective date of this rule will need to submit the results to the Department or the Office of Child Care (OCC), in the Department of Education, Early Learning Division.
    3. If a home or facility does not use any of the on-site plumbing fixtures to obtain water for drinking, cooking, preparing infant formula, or preparing food, the provider must:

      1. Submit a written statement to the Department or OCC identifying the alternative source of water and confirming that the provider does not use any on-site plumbing fixtures for drinking, cooking, preparing infant formula, or preparing food; and
      2. Notify the Department or OCC in writing if the alternative source of water changes.
    4. All sample collection and testing must be in accordance with the Environmental Protection Agency (EPA)’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by this reference.
      1. If test results show water from any drinking water faucet or fixture has 15 parts per billion (ppb) or more of lead, the provider must:

        1. Prevent access to that drinking water faucet or fixture immediately after receiving the test results; and
        2. Continue to prevent access to that drinking water faucet or fixture until mitigation is completed in accordance with paragraph (B) of this subsection.

      2. Following receipt of test results showing that water from any drinking water faucet or fixture has 15 parts per billion (ppb) or more of lead, the provider must comply with all of the following sub-paragraphs:

        1. Submit a corrective action plan to the Department or OCC for approval within 60 days of receiving the test results. The corrective action plan must identify an appropriate mitigation strategy in accordance with Module 6 of the EPA’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by this reference.
        2. Implement the mitigation method within 30 days of approval by OCC.

      3. A provider who fails to submit a corrective action or a mitigation method is no longer eligible to receive child care subsidy payments.

    5. The provider must keep a copy of the most recent test results on-site at all times.
    6. Providers must follow the routine practices identified in Module 6 of the EPA’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018.

Statutory/Other Authority: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Statutes/Other Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Effective 12/28/18
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.
  2. The Department may approve a child care provider who is legally exempt (see section (12) of this rule)as a child care provider for a child (see OAR 461-001-0000) in their household, despite the criminal or CPS history of another member of this household, if all of the following requirements are met:

    1. There is no criminal history consisting of a disqualifying crime listed in 45 CFR 98.43(c).

    2. The household member with the criminal or CPS history is a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) of the child needing child care.
    3. The child care is needed for the household member with the criminal or CPS history to participate in the JOBS program, or the education or employment covered by the ERDC program.
    4. The approval for Department payments only applies for the child of the household member, or a child for whom the household member is a caretaker relative.
  3. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (8) of this rule: (b), (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), (t), or in section (11) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  4. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (5) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  5. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each individual in the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  6. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt:

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (12) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.
    4. In the case of a tribally licensed child care facility:

      1. Must receive annual health and safety inspections from the Indian Health Services;
      2. Each individual who may have unsupervised access to a child in care must be enrolled in the Early Learning Division Office of Child Care Central Background Registry or approved by the Department of Human Services Background Check Unit;
      3. Complete the Department's listing process; and
      4. Be approved by the Department.

  7. Each individual described in section (5) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  8. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care; and

      1. Have competence, sound judgment and self-control when working with children; and
      2. Be mentally, physically and emotionally capable of performing duties related to child care.
    3. Not be in the same ERDC or TANF filing group (see OAR 461-110-0330 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of the child.

    4. Allow the Department to visit or inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care.

      1. Times must be recorded as the child care children arrive and depart.
      2. Written attendance and billing records for each child receiving child care benefits from the Department must be retained for a minimum of 12 months and provided to the Department upon request.
    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest, indictment, or conviction of any subject individual or individual described in section (5) of this rule.

      2. Any involvement of any subject individual or individual described in section (5) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (5) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.  This includes being within sight or sound of all children; being aware of what each child is doing; being near enough to children to respond when needed; and being physically present when kindergarten-age or younger children are playing outside, unless the play area is fully fenced and hazard free.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (12) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form, or a non-medical or medical Exemption form, on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has water that is safe for drinking and preparing food. Additionally, a legally exempt provider must meet the lead testing requirements in OAR 414-180-0015(5)-(13) and OAR 414-180-0045(1)(e).

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (12) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

    22. Provide care at a location within the state of Oregon.

  9. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training prior to Department approval.

  10. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if the provider begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  11. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  12. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  13. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based or classroom training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  14. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

Statutory/Other Authority: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Statutes/Other Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 08/01/18 through 12/27/18
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.


  2. The Department may approve a child care provider who is legally exempt (see section (12) of this rule)as a child care provider for a child (see OAR 461-001-0000) in their household, despite the criminal or CPS history of another member of this household, if all of the following requirements are met:
    1. There is no criminal history consisting of a disqualifying crime listed in 45 CFR 98.43(c).
    2. The household member with the criminal or CPS history is a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) of the child needing child care.
    3. The child care is needed for the household member with the criminal or CPS history to participate in the JOBS program, or the education or employment covered by the ERDC program.
    4. The approval for Department payments only applies for the child of the household member, or a child for whom the household member is a caretaker relative.
  3. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (8) of this rule: (b), (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), (t), or in section (11) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  4. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (5) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  5. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each individual of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  6. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt:

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (12) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.
    4. In the case of a tribally licensed child care facility:
      1. Must receive annual health and safety inspections from the Indian Health Services;
      2. Each individual who may have unsupervised access to a child in care must be enrolled in the Early Learning Division Office of Child Care Central Background Registry or approved by the Department of Human Services Background Check Unit;
      3. Complete the Department's listing process; and
      4. Be approved by the Department.

  7. Each individual described in section (5) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  8. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care; and
      1. Have competence, sound judgment and self-control when working with children; and
      2. Be mentally, physically and emotionally capable of performing duties related to child care.
    3. Not be in the same ERDC or TANF filing group (see OAR 461-110-0330 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of the child.

    4. Allow the Department to visit or inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care with the times recorded as the child care children arrive and depart, and keep billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest, indictment, or conviction of any subject individual or individual described in section (5) of this rule.

      2. Any involvement of any subject individual or individual described in section (5) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (5) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times. This includes being within sight or sound of all children; being aware of what each child is doing; being near enough to children to respond when needed; and being physically present when kindergarten-age or younger children are playing outside, unless the play area is fully fenced and hazard free.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (12) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form, or a non-medical or medical Exemption form, on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has water that is safe for drinking, preparing food, and that meets lead testing requirement under OCC Regulated Subsidy Provider requirements in OAR 414-180.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (12) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

    22. Provide care at a location within the state of Oregon.

  9. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training prior to Department approval.

  10. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if the provider begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  11. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  12. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  13. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based or classroom training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  14. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Effective 01/01/18
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt (see section (11) of this rule):

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (11) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

    22. Provide care at a location within the state of Oregon.

  8. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training as provided in the following subsections:

    1. Legally exempt providers with a list date prior to November 1, 2016 must complete the "Introduction to Child Care Health and Safety" training by July 31, 2017. Providers who have continued to actively provide care and receive payment for Department subsidy families may be granted an extension to September 30, 2017 to complete the training.

    2. Legally exempt providers with a list date of November 1, 2016 or later must complete the "Introduction to Child Care Health and Safety" prior to Department approval.

  9. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  12. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  13. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 10/01/17
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt (see section (11) of this rule):

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (11) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

    22. Provide care at a location within the state of Oregon.

  8. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training as provided in the following subsections:

    1. Legally exempt providers with a list date prior to November 1, 2016, must complete the "Introduction to Child Care Health and Safety" training by July 31, 2017. Providers who have continued to actively provide care and receive payment for Department subsidy families may be granted an extension to September 30, 2017 to complete the training.

    2. Legally exempt providers with a list date of November 1, 2016 or later must complete the "Introduction to Child Care Health and Safety" prior to Department approval.

  9. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  12. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  13. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Effective 10/01/17
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt (see section (11) of this rule):

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (11) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

    22. Provide care at a location within the state of Oregon.

  8. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training as provided in the following subsections:

    1. Legally exempt providers with a list date prior to November 1, 2016, must complete the "Introduction to Child Care Health and Safety" training by June 30, 2017.

    2. Legally exempt providers with a list date of November 1, 2016 or later must complete the "Introduction to Child Care Health and Safety" prior to Department approval.

  9. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  12. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  13. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 06/01/17 through 08/07/17
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt (see section (11) of this rule):

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (11) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

    22. Provide care at a location within the state of Oregon.

  8. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training as provided in the following subsections:

    1. Legally exempt providers with a list date prior to November 1, 2016, must complete the "Introduction to Child Care Health and Safety" training by June 30, 2017.

    2. Legally exempt providers with a list date of November 1, 2016 or later must complete the "Introduction to Child Care Health and Safety" prior to Department approval.

  9. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  12. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  13. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Effective 01/01/17
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt (see section (11) of this rule):

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (11) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

  8. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training as provided in the following subsections:

    1. Legally exempt providers with a list date prior to November 1, 2016, must complete the "Introduction to Child Care Health and Safety" training by June 30, 2017.

    2. Legally exempt providers with a list date of November 1, 2016 or later must complete the "Introduction to Child Care Health and Safety" prior to Department approval.

  9. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  12. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based training.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  13. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 11/01/16 through 12/31/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be "denied" under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be "denied" and is ineligible for payment.

      2. A provider who has been "denied" has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be "failed" if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in "failed" status:

        1. The Department does not pay any other child care provider for child care at the "failed" provider's site.

        2. The Department does not pay a child care provider at another site if the "failed" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "failed" status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be "suspended" if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been "suspended" may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in "suspended" status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the "suspended" provider's site.

        3. The Department does not pay a child care provider at another site if the "suspended" provider is involved in the child care operation unless the Department determines that the reasons the provider is in "suspended" status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must comply with at least one of the following subsections:

    1. If the provider is not legally exempt (see section (11) of this rule):

      1. Be currently certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 and be in compliance with the applicable rules;

      2. Complete the Department's background check process;

      3. Complete the Department's listing process; and

      4. Be approved by the Department.

    2. If the provider is legally exempt and a legally exempt relative (see section (11) of this rule):

      1. Complete the Department's background check process;

      2. Complete the Department's listing process; and

      3. Be approved by the Department.

    3. If the provider is legally exempt and not a legally exempt relative for all children in care:

      1. Meet all OCC Regulated Subsidy Provider requirements under OAR 414-180-0005 through 414-180-0100;

      2. Submit to and pass a site visit at the location where care will be provided;

      3. Complete the Department’s background check process;

      4. Complete the Department's listing process; and

      5. Be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Any gate or barrier may not pose a risk or hazard to any child in care.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

  8. Legally exempt providers must complete the "Introduction to Child Care Health and Safety" two-hour, web-based training as provided in the following subsections:

    1. Legally exempt providers with a list date prior to November 1, 2016, must complete the "Introduction to Child Care Health and Safety" training by June 30, 2017.

    2. Legally exempt providers with a list date of November 1, 2016 or later must complete the "Introduction to Child Care Health and Safety" prior to Department approval.

  9. Legally exempt providers must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

    3. "Legally exempt" means the child care provider is exempt from licensing with the OCC because the provider is not subject to the licensing requirements under OAR 414-205-0000 to 414-205-0170, OAR 414-350-000 to 414-350-0405, and OAR 414-300-0000 to 414-300-0415.

    4. "Legally exempt relative" means a legally exempt provider who is a relative to all children in care including a great-grandparent, grandparent, aunt, uncle, or sibling not living in the home of any child in care.

  12. Legally exempt providers that are not a legally exempt relative to all children in care must meet all of the requirements in this section before approval by the Department, unless otherwise noted:

    1. Have an up-to-date, in-person infant and child CPR and first aid certification or have a currently valid waiver of this requirement from the Child Care Resource and Referral program.

    2. Complete the Recognizing and Reporting Child Abuse and Neglect (RRCAN) web-based training. If training is not immediately available, the Department may approve a child care provider prior to completing the training, but for no more than 90 days.

    3. Complete six hours of ongoing education in each two-year listing period as provided in this subsection. All trainings must be accepted by the Oregon Center for Career Development (OCCD) and be part of the OCCD’s 10 Core Knowledge Categories recognized by Oregon Registry Online to count toward the six hours.

      1. Two of the six hours must fall under the "Human Growth and Development" category; and

      2. Two of the six hours must cover "Understanding & Guiding Behavior".

  13. Child care centers or programs that are legally exempt from certification or registration with the OCC, are located in a commercial or institutional facility, and receive payment from the Department on behalf of a family receiving a child care subsidy, may not exceed the following staff to children in care ratios:

    1. Six weeks through 23 months of age, the minimum number of staff to children is one to four. The maximum number of children in a group is eight.

    2. 24 months through 35 months of age, the minimum number of staff to children is one to five. The maximum number of children in a group is 10.

    3. 36 months of age to attending kindergarten, minimum number of staff to children is one to 10. The maximum number of children in a group is 20.

    4. Attending kindergarten and older, the minimum number of staff to children is one to 15. The maximum number of children in a group is 30.

    5. In a mixed-age group of children, the number of staff and group size shall be determined by the age of the youngest child in the group.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Effective 11/01/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment.

      2. A provider who has been denied has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in failed status:

        1. The Department does not pay any other child care provider for child care at the failed provider's site.

        2. The Department does not pay a child care provider at another site if the failed provider is involved in the child care operation unless the Department determines that the reasons the provider is in failed status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be suspended if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been suspended may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in suspended status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the suspended provider's site.

        3. The Department does not pay a child care provider at another site if the suspended provider is involved in the child care operation unless the Department determines that the reasons the provider is in suspended status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary effective 10/01/16 through 10/31/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment.

      2. A provider who has been denied has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in failed status:

        1. The Department does not pay any other child care provider for child care at the failed provider's site.

        2. The Department does not pay a child care provider at another site if the failed provider is involved in the child care operation unless the Department determines that the reasons the provider is in failed status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be suspended if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been suspended may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in suspended status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the suspended provider's site.

        3. The Department does not pay a child care provider at another site if the suspended provider is involved in the child care operation unless the Department determines that the reasons the provider is in suspended status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

    21. Develop and communicate expulsion and suspension policies to parents and caretakers.

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Effective 08/01/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a final fitness determination (see OAR 125-007-0260 and 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0300, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment.

      2. A provider who has been denied has the right to a hearing under OAR 407-007-0335.

    2. A finding of "failed".

      1. A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in failed status:

        1. The Department does not pay any other child care provider for child care at the failed provider's site.

        2. The Department does not pay a child care provider at another site if the failed provider is involved in the child care operation unless the Department determines that the reasons the provider is in failed status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be suspended if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been suspended may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in suspended status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the suspended provider's site.

        3. The Department does not pay a child care provider at another site if the suspended provider is involved in the child care operation unless the Department determines that the reasons the provider is in suspended status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 125-007-0210 and 407-007-0210(8)(a)(J) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0310 and 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 07/01/16 through 07/31/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (P)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment.

      2. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed".

      1. A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in failed status:

        1. The Department does not pay any other child care provider for child care at the failed provider's site.

        2. The Department does not pay a child care provider at another site if the failed provider is involved in the child care operation unless the Department determines that the reasons the provider is in failed status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be suspended if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been suspended may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in suspended status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the suspended provider's site.

        3. The Department does not pay a child care provider at another site if the suspended provider is involved in the child care operation unless the Department determines that the reasons the provider is in suspended status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (P) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Effective 07/01/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (P)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied".

      1. A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment.

      2. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed".

      1. A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in paragraph (c)(A) of this section.

      2. While the provider is in failed status:

        1. The Department does not pay any other child care provider for child care at the failed provider's site.

        2. The Department does not pay a child care provider at another site if the failed provider is involved in the child care operation unless the Department determines that the reasons the provider is in failed status are not relevant to the new site.

      3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. A finding of "suspended".

      1. A provider may be suspended if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (o)(I), (o)(L), or (t) or in section (10) of this rule. A provider who has been suspended may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025.

      2. While the provider is in suspended status:

        1. The provider is ineligible for payment for at least six months.

        2. The Department does not pay any other child care provider for child care at the suspended provider's site.

        3. The Department does not pay a child care provider at another site if the suspended provider is involved in the child care operation unless the Department determines that the reasons the provider is in suspended status are not relevant to the new site.

      3. A provider with a status of "suspended" may be eligible for payments after the six month ineligibility period ends when the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (P) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0350) as the child cared for and cannot be the parent (see OAR 461-001-0000) of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child and have a completed, up-to-date Oregon shot record called the "Certification of Immunization Status" (CIS) form on file for each child in care.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    19. Place infants to sleep on their backs.

    20. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 329A.500, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 329A.500, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 05/23/16 through 06/30/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (P)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in subsection (d) of this section. While the provider is in failed status:

      1. The Department does not pay any other child care provider for child care at the failed provider's site.

      2. The Department does not pay a child care provider at another site if the failed provider is involved in the child care operation unless the Department determines that the reasons the provider is in failed status are not relevant to the new site.

    3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    4. A finding of "non-compliant". A provider may be non-compliant if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (I) (L), or (u) or in section (10) of this rule. A provider who has been determined non-compliant may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025. While the provider is in non-compliant status:

      1. The provider is ineligible for payment for at least six months.

      2. The Department does not pay any other child care provider for child care at the non-compliant provider's site.

      3. The Department does not pay a child care provider at another site if the non-compliant provider is involved in the child care operation unless the Department determines that the reasons the provider is in non-compliant status are not relevant to the new site.

    5. A provider with a status of "non-compliant" may be eligible for payments after the six month ineligibility period ends if the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    6. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (P) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0350) as the child cared for; the parent (see OAR 461-001-0000) of a child in the filing group; or a sibling living in the home of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

    21. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 03/14/16 through 05/22/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (P)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet an eligibility requirement of this rule not covered in subsection (d) of this section. While the provider is in failed status:

      1. The Department does not pay any other child care provider for child care at the failed provider's site.

      2. The Department does not pay a child care provider at another site if the failed provider is involved in the child care operation unless the Department determines that the reasons the provider is in failed status are not relevant to the new site.

    3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    4. A finding of "non-compliant". A provider may be non-compliant if the Department determines and provides notice that the provider does not meet an eligibility requirement in the following subsections and paragraphs of section (7) of this rule: (d), (e), (h), (i), (j), (k), (L), (o)(H), (I) (L), or (u) or in section (10) of this rule. A provider who has been determined non-compliant may challenge this status by requesting a contested case hearing subject to the requirements and limitations of OAR 461-025. While the provider is in non-compliant status:

      1. The provider is ineligible for payment for at least six months.

      2. The Department does not pay any other child care provider for child care at the non-compliant provider's site.

      3. The Department does not pay a child care provider at another site if the non-compliant provider is involved in the child care operation unless the Department determines that the reasons the provider is in non-compliant status are not relevant to the new site.

    5. A provider with a status of "non-compliant" may be eligible for payments after the six month ineligibility period ends if the provider has been approved following reapplication, including providing the required documents and information to the Department for review.

    6. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (P) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0350) as the child cared for and cannot be the parent (see OAR 461-001-0000) of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

    21. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Temporary Effective 01/20/16 through 03/13/16
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (P)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. While the provider is in failed status:

      1. The Department does not pay any other child care provider for child care at the failed provider's site.

      2. The Department does not pay a child care provider at another site if the failed provider is involved in the child care operation unless the Department determines that the reasons the provider is in failed status are not relevant to the new site.

    3. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    4. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (P) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0350) as the child cared for and cannot be the parent (see OAR 461-001-0000) of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

    21. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122

Previous Rules


461-165-0180    Effective 06/30/15
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (P)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child (see OAR 461-001-0000) in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (P) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group (see OAR 461-110-0350) as the child cared for and cannot be the parent (see OAR 461-001-0000) of a child in the filing group.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol, controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

    21. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 329A.340, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122


461-165-0180    Effective 02/01/15
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (P)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (P) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes or vaporizers, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes and vaporizers, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol , controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

    21. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122, 329A.340


461-165-0180    Temporary Effective 08/13/14 through 01/31/15
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (P)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (P) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the OCC, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks and determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agencies providing child or adult protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

      5. Any reason the provider no longer meets the requirements under this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider. This includes anyone under the influence (see section (11) of this rule).

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The home or facility has safe drinking water.

      3. The home or facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other items that may be dangerous to children, including but not limited to alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any legally prescribed or over-the-counter medicine, cleaning supplies, paint, plastic bags, and poisonous and toxic materials are kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The home or facility has a telephone in operating condition.

      8. No one may smoke or carry any lighted smoking instrument, including e-cigarettes, in the home or facility or within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area, during child care operational hours or anytime child care children are present. No one may use smokeless tobacco in the home or facility during child care operational hours or anytime child care children are present. No one may smoke or carry any lighted smoking instrument, including e-cigarettes, or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) on the premises (see section (11) of this rule) during child care operational hours or anytime child care children are present. No one under the influence of alcohol , controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) may be on the premises during child care operational hours or anytime child care children are present. No one may consume alcohol or use controlled substances (except legally prescribed and over-the-counter medications) or marijuana (including medical marijuana) in motor vehicles while child care children are passengers.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

      12. Controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia may not be on the premises during child care operational hours or anytime child care children are present.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

    21. Not hold a medical marijuana card; or distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications).

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

  10. Child care providers and any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records shall not be under the influence.

  11. For purposes of these rules:

    1. "Premises" means the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.

    2. "Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. Examples of abnormal behaviors include, but are not limited to hallucinations, paranoia, or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to slurred speech as well as difficulty walking or performing job activities.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 409.010, 409.050, 409.610, 411.060, 411.070, 411.122, 329A.340


461-165-0180    Effective 07/01/14
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (O)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (O) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the CCD, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agency providing child protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures should have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

      8. No person may smoke or use smokeless tobacco in the home or facility during the hours the child care business is conducted. No person may smoke or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use non-prescription controlled substances in the presence of children. No one under the influence of alcohol or non-prescription controlled substances may be in the home when child care children are present.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 409.010, 409.610, 411.060, 411.070, 411.122, 657A.340


461-165-0180    Temporary Effective 04/01/14 through 06/30/14
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (O)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (O) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the CCD, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agency providing child protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures should have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

      8. No person may smoke or use smokeless tobacco in the home or facility during the hours the child care business is conducted. No person may smoke or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use non-prescription controlled substances in the presence of children. No one under the influence of alcohol or non-prescription controlled substances may be in the home when child care children are present.

      10. Is not a half-way house, hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete the "Basic Child Care Health and Safety" two-hour, web-based training or the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training prior to being approved by the Department.

    1. Prior to June 16, 2014, a provider who sends the Department a Child Care Provider Listing and Provider Information Sheet (DHS 7494) with a revision date of March 2013, or those who attempt to take the web-based training but are unable due to technical difficulties at the training site, will not be failed for not meeting this training requirement.

    2. License Exempt or Registered Family Child Care Providers who are exempt from this training are those who state at least one of the following:

      1. English is a second language.

      2. No internet access is available.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 409.010, 409.610, 411.060, 411.070, 411.122, 657A.340


461-165-0180    Temporary Effective 03/01/14 through 03/31/14
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (O)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (O) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the CCD, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agency providing child protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures should have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

      8. No person may smoke or use smokeless tobacco in the home or facility during the hours the child care business is conducted. No person may smoke or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use non-prescription controlled substances in the presence of children. No one under the influence of alcohol or non-prescription controlled substances may be in the home when child care children are present.

      10. Is not a hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

  8. Child Care providers who are License Exempt or Registered Family Child Care Providers with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170 must complete either the three-hour Oregon Kids Healthy and Safe (OKHS) classroom training or the two-hour, web-based training developed by OKHS prior to being approved by the Department.

  9. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 409.010, 409.610, 411.060, 411.070, 411.122, 657A.340


461-165-0180    Effective 09/16/13 - Technical Amendment
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (O)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (O) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the CCD, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agency providing child protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures should have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

      8. No person may smoke or use smokeless tobacco in the home or facility during the hours the child care business is conducted. No person may smoke or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use non-prescription controlled substances in the presence of children. No one under the influence of alcohol or non-prescription controlled substances may be in the home when child care children are present.

      10. Is not a hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility. This requirement does not apply to a provider registered or licensed by CCD.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

  8. A child care provider not subject to certification or registration with the Office of Child Care (OCC) of the Oregon Department of Education (ODE) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 409.010, 409.610, 411.060, 411.070, 411.122, 657A.340


461-165-0180    Effective 04/01/13
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless the Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(30)(a)(A), (B), (F), (I), and (O)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police (OSP), Federal Bureau of Investigation (FBI), and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider, each individual described in section (4) of this rule, and each subject individual described in OAR 407-007-0210(30)(a)(A), (B), (F), (I) or (O) must fully disclose all requested information as part of the records check.

  4. This rule also establishes additional requirements for the following individuals:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Child Care Division (CCD) of the Employment Department under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules. The provider must also complete the Department's listing process and be approved by the Department.

    2. If legally exempt from being certified or registered with the CCD, complete the Department's background check process and be approved by the Department.

  6. Each individual described in section (4) of this rule must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250.

    2. Provide, in a manner specified by the Department, information required to conduct CH, FBI, OSP, and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies the Department's Direct Pay Unit.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department's Direct Pay Unit within five days of occurrence:

      1. Any arrest or conviction of any subject individual or individual described in section (4) of this rule.

      2. Any involvement of any subject individual or individual described in section (4) of this rule with CPS or any other agency providing child protective services.

      3. Any change to the provider's name or address including any location where care is provided.

      4. The addition of any subject individual or individual described in section (4) of this rule.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the home or facility where care is provided meets all of the following standards:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child. Gates and enclosures should have the Juvenile Products Manufacturers Association (JPMA) certification seal to ensure safety.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

      8. No person may smoke or use smokeless tobacco in the home or facility during the hours the child care business is conducted. No person may smoke or use smokeless tobacco in motor vehicles while child care children are passengers.

      9. No one may consume alcohol or use non-prescription controlled substances in the presence of children. No one under the influence of alcohol or non-prescription controlled substances may be in the home when child care children are present.

      10. Is not a hotel, motel, shelter, or other temporary housing such as a tent, trailer, or motor home. The restriction in this paragraph does not apply to licensed (registered or certified) care approved in a hotel, motel, or shelter.

      11. Is not a structure --

        1. Designed to be transportable; and

        2. Not attached to the ground, another structure, or to any utilities system on the same premises.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility. This requirement does not apply to a provider registered or licensed by CCD.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

    19. Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety, and crib standards under 16 CFR 1219 and 1220.

    20. Place infants to sleep on their backs.

  8. A child care provider not subject to certification or registration with the Oregon Employment Department, Child Care Division (CCD) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 409.010, 409.610, 411.060, 411.070, 411.122, 657A.340


461-165-0180    Effective 10/01/12
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless --

    1. The provider previously was denied and subsequently was not determined to be eligible; or

    2. The Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(21)(a)(G)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Child Care Provider Listing Form (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the client. The provider and each individual identified under section (4) of this rule is considered a subject individual and must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider must fully disclose all requested information as part of the records check.

  4. A subject individual is identified as follows:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Child Care Division (CCD) of the Employment Department under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules.

    2. If legally exempt from being certified or registered with the CCD, complete the Department's background check process and be approved by the Department.

  6. Each subject individual must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250. The Department must withhold authorization for payment to a provider until the background check process is complete and the Department approves the provider.

    2. Provide, in a manner specified by the Department, information required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical and mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider must notify the Department before using someone else to supervise a child.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department within 10 days of occurrence:

      1. Any arrest or involvement with CPS or any other agency providing child protective services of the child care provider, household member, or facility member.

      2. Any change to his or her name or address including where care is provided, and the addition of any individual or employee to the household or facility.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the facility where care is provided meets all of the following standards, unless the care is provided in the home of the child, except that a provider who provides care in the home of the child must meet only the requirements of paragraph (A) of this subsection:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility. This requirement does not apply to a provider registered or licensed by CCD.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

  8. A child care provider not subject to certification or registration with the Oregon Employment Department, Child Care Division (CCD) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 411.060, 411.070
Stats. Implemented: ORS 181.537, 409.010, 409.610, 411.060, 411.070, 411.122, 657A.340


461-165-0180    Effective 07/01/12
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless --

    1. The provider previously was denied and subsequently was not determined to be eligible; or

    2. The Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(21)(a)(G)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Department Listing Form (DHS 7494) to the Department. The provider and each individual identified under section (4) of this rule is considered a subject individual and must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider must fully disclose all requested information as part of the records check.

  4. A subject individual is identified as follows:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Child Care Division (CCD) of the Employment Department under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules.

    2. If legally exempt from being certified or registered with the CCD, complete the Department's background check process and be approved by the Department.

  6. Each subject individual must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250. The Department must withhold authorization for payment to a provider until the background check process is complete and the Department approves the provider.

    2. Provide, in a manner specified by the Department, information required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical or mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep written records of any attendance that is not able to be recorded in the Child Care Billing and Attendance Tracking (CCBAT) system. These written records must be retained for a minimum of 12 months and provided to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider must notify the Department before using someone else to supervise a child on a temporary basis.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department within 10 days of occurrence:

      1. Any arrest or involvement with CPS or any other agency providing child protective services of the child care provider, household member, or facility member.

      2. Any change to his or her name or address including where care is provided, and the addition of any individual or employee to the household or facility.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the facility where care is provided meets all of the following standards, unless the care is provided in the home of the child, except that a provider who provides care in the home of the child must meet only the requirements of paragraph (A) of this subsection:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility. This requirement does not apply to a provider registered or licensed by CCD.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    18. Complete registration for the CCBAT system within 45 days of the date of the registration notice.

  8. A child care provider not subject to certification or registration with the Oregon Employment Department, Child Care Division (CCD) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 409.610, 411.060, 411.070, 411.122, 657A.340, 657A.450
Stats. Implemented: ORS 181.537, 409.010, 409.610, 411.060, 411.070, 411.122, 657A.340, 657A.450


461-165-0180    Effective 10/01/10
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless --

    1. The provider previously was denied and subsequently was not determined to be eligible; or

    2. The Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(21)(a)(G)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Department Listing Form (DHS 7494) to the Department. The provider and each individual identified under section (4) of this rule is considered a subject individual and must complete and sign the authorization for a records check through the Criminal History (CH) record system maintained by the Oregon State Police and the Child Protective Service (CPS) record system maintained by the Department and, if necessary, an authorization to release information and fingerprint cards. The provider must fully disclose all requested information as part of the records check.

  4. A subject individual is identified as follows:

    1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

    2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

    3. In the case of a provider who provides care for a child in the provider's home--

      1. Each individual 16 years of age or older who lives in the provider's home; and

      2. Each individual who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. To receive payment or authorization for payment, the provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Child Care Division (CCD) of the Employment Department under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules.

    2. If legally exempt from being certified or registered with the CCD, complete the Department's background check process and be approved by the Department.

  6. Each subject individual must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250. The Department must withhold authorization for payment to a provider until the background check process is complete and the Department approves the provider.

    2. Provide, in a manner specified by the Department, information required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  7. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical or mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for a minimum of 12 months and provide the records to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider must notify the Department before using someone else to supervise a child on a temporary basis.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department within 10 days of occurrence:

      1. Any arrest or involvement with CPS or any other agency providing child protective services of the child care provider, household member, or facility member.

      2. Any change to his or her name or address including where care is provided, and the addition of any individual or employee to the household or facility.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the facility where care is provided meets all of the following standards, unless the care is provided in the home of the child, except that a provider who provides care in the home of the child must meet only the requirements of paragraph (A) of this subsection:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility. This requirement does not apply to a provider registered or licensed by CCD.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

  8. A child care provider not subject to certification or registration with the Oregon Employment Department, Child Care Division (CCD) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing child care services after June 30, 2010, or resumes providing child care services, after a break of more than one year that began after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 409.610, 411.060, 411.070, 411.122, 657A.340, 657A.450
Stats. Implemented: ORS 181.537, 409.050, 409.610, 411.060, 411.070, 411.122, 657A.340, 657A.450


461-165-0180    Effective 07/01/10
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless --

    1. The provider previously was denied and subsequently was not determined to be eligible; or

    2. The Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(21)(a)(G)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review. If the documents and information show that the provider meets the eligibility requirements, the Department may approve the provider for payment back to the first of the month the eligibility requirement is met provided there is no other basis for ineligibility.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Department Listing Form (DHS 7494) to the Department. The provider and each individual identified under section (4) of this rule is considered a subject individual and must complete and sign the authorization for a records check and, if necessary, an authorization to release information and fingerprint cards. The provider must fully disclose all requested information as part of the records check.

  4. The provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Child Care Division (CCD) of the Employment Department under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules.

    2. Submit the name of each subject individual together with the authorization from the subject individual for a records check through the Criminal History (CH) record system maintained by the Oregon State Police and the Child Protective Service (CPS) record system maintained by the Department, as follows:

      1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

      2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

      3. In the case of a provider who provides care for a child in the provider's home--

        1. Each individual 16 years of age or older who lives in the provider's home; and

        2. Each individual who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. Each subject individual must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250. The Department may withhold authorization for payment to a provider until the records check is complete.

    2. Provide, in a manner specified by the Department, information required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  6. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical or mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for a minimum of 12 months and provide the records to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider must notify the Department before using someone else to supervise a child on a temporary basis.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department within 10 days of occurrence:

      1. Any arrest or involvement with CPS or any other agency providing child protective services of the child care provider, household member, or facility member.

      2. Any change to his or her name or address including where care is provided, and the addition of any individual or employee to the household or facility.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the facility where care is provided meets all of the following standards, unless the care is provided in the home of the child, except that a provider who provides care in the home of the child must meet only the requirements of paragraph (A) of this subsection:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility. This requirement does not apply to a provider registered or licensed by CCD.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

  7. A child care provider not subject to certification or registration with the Oregon Employment Department, Child Care Division (CCD) under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250, must complete an orientation provided by the Department or a Child Care Resource and Referral agency within 90 days of being approved by the Department if he or she:

    1. Receives funds from the Department; and

    2. Begins providing, or resumes providing after a break of more than one year, child care services after June 30, 2010.

Stat. Auth.: ORS 181.537, 409.050, 409.610, 411.060, 411.070, 411.122, 657A.340, 657A.450
Stats. Implemented: ORS 181.537, 409.050, 409.610, 411.060, 411.070, 411.122, 657A.340, 657A.450


461-165-0180    Effective 04/01/09
Eligibility of Child Care Providers

  1. The Department must approve a child care provider to receive payment for child care if information available to the Department provides no basis for denying eligibility unless --

    1. The provider previously was denied and subsequently was not determined to be eligible; or

    2. The Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) or Child Protective Service (CPS) records checks, that the provider or other subject individual (see OAR 407-007-0210(21)(a)(G)) is not eligible for payment.

  2. Ineligibility for payment may result from any of the following:

    1. A finding of "denied". A provider may be denied under OAR 461-165-0410 and 461-165-0420. If, after conducting a weighing test as described in OAR 407-007-0210, the Department finds substantial risk to the health or safety of a child in the care of the provider, the provider must be denied and is ineligible for payment. A provider who has been denied has the right to a hearing under OAR 407-007-0330.

    2. A finding of "failed". A provider may be failed if the Department determines, based on a specific eligibility requirement and evidence, that a provider does not meet the eligibility requirements of this rule. A provider with a status of "failed" may reapply at any time by providing the required documents and information to the Department for review. If the documents and information show that the provider meets the eligibility requirements, the Department may approve the provider for payment back to the first of the month the eligibility requirement is met provided there is no other basis for ineligibility.

    3. The Department has referred an overpayment against the provider for collection and the claim is unsatisfied.

  3. The provider must submit a completed Department Listing Form (DHS 7494) to the Department. The provider and each individual identified under section (4) of this rule is considered a subject individual and must complete and sign the authorization for a records check and, if necessary, an authorization to release information and fingerprint cards. The provider must fully disclose all requested information as part of the records check.

  4. The provider must meet the requirements of either subsection (a) or (b) of this section:

    1. Currently be certified or registered with the Child Care Division (CCD) of the Employment Department under OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 unless legally exempt, and be in compliance with the applicable rules.

    2. Submit the name of each subject individual together with the authorization from the subject individual for a records check through the Criminal History (CH) record system maintained by the Oregon State Police and the Child Protective Service (CPS) record system maintained by the Department, as follows:

      1. The site director of an exempt child care facility and each employee of the facility who may have unsupervised access to a child in care.

      2. The child care provider and each individual the provider uses to supervise a child in his or her absence.

      3. In the case of a provider who provides care for a child in the provider's home--

        1. Each individual 16 years of age or older who lives in the provider's home; and

        2. Each individual who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child in care.

  5. Each subject individual must:

    1. Allow the Department to conduct a national criminal history records check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0250. The Department may withhold authorization for payment to a provider until the records check is complete.

    2. Provide, in a manner specified by the Department, information required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

    3. Have a history of behavior that indicates no substantial risk to the health or safety of a child in the care of the provider.

  6. Each provider must:

    1. Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent.

    2. Be 18 years of age or older and in such physical or mental health as will not affect adversely the ability to meet the needs of safety, health, and well-being of a child in care.

    3. Not be in the same filing group as the child cared for and cannot be the parent (see OAR 461-001-0000) of the child.

    4. Allow the Department to inspect the site of care while child care is provided.

    5. Keep daily attendance records showing the arrival and departure times for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for a minimum of 12 months and provide the records to the Department upon request.

    6. Be the individual or facility listed as providing the child care. The provider must notify the Department before using someone else to supervise a child on a temporary basis.

    7. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

    8. Report to the Department within 10 days of occurrence:

      1. Any arrest or involvement with CPS or any other agency providing child protective services of the child care provider, household member, or facility member.

      2. Any change to his or her name or address including where care is provided, and the addition of any individual or employee to the household or facility.

    9. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

    10. Supervise each child in care at all times.

    11. Prevent any individual who behaves in a manner that may harm children from having access to a child in the care of the provider.

    12. Allow the custodial parent of a child in his or her care to have immediate access to the child at all times.

    13. Inform a parent of the need to obtain immunizations for a child.

    14. Take reasonable steps to protect a child in his or her care from the spread of infectious diseases.

    15. Ensure that the facility where care is provided meets all of the following standards, unless the care is provided in the home of the child, except that a provider who provides care in the home of the child must meet only the requirements of paragraph (A) of this subsection:

      1. Each floor level used by a child has two usable exits to the outdoors (a sliding door or window that can be used to evacuate a child is considered a usable exit). If a second floor is used for child care, the provider must have a written plan for evacuating occupants in the event of an emergency.

      2. The facility has safe drinking water.

      3. The facility has a working smoke detector on each floor level and in any area where a child naps.

      4. Each fireplace, space heater, electrical outlet, wood stove, stairway, pool, pond, and any other hazard has a barrier to protect a child.

      5. Any firearm, ammunition, and other dangerous item such as any medicine, drug, cleaning supply, paint, plastic bag, and poisonous and toxic material is kept in a secure place out of a child's reach.

      6. The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard-free condition.

      7. The facility has a telephone in operating condition.

    16. Complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider's eligibility. This requirement does not apply to a provider registered or licensed by CCD.

    17. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 01/01/07
Eligibility of Child Care Providers

To be eligible for child care payment from the Department, a provider must meet all of the requirements in sections (1) to (6) of this rule.

  1. The provider must submit a completed Department listing form to the Department. The provider and all persons identified under section (4) of this rule are considered "subject individuals" under OAR 407-007-0210(27)(a)(H) and must complete and sign the authorization for a records check and, if necessary, an authorization to release information and fingerprint cards, as necessary for the Department to complete a current records check. The provider must fully disclose all requested information as part of the records check. If information available to the Department provides no basis for denial, the Department will approve the provider to receive payment for child care from the Department unless--

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Department determines, following a preliminary or final fitness determination (see OAR 407-007-0320) and Child Protective Service (CPS) records checks, that the provider or other subject individual is not eligible for payment.

  2. The provider must meet all of the following requirements:

    1. Allow the Department to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for 12 months and provide them to Department staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Department before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the parent (see OAR 461-001-0000) of the child.

    5. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    6. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

  3. The provider must not have a history of behavior that indicates a substantial risk to the health or safety of children in the care of the provider. A single incident may be sufficient history for ineligibility. This determination is based on a review of Criminal History (CH) and CPS records, an investigation of complaints, if any, and information provided by another agency:

    1. The Department may conduct a national criminal history check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 407-007-0290 and may withhold authorization for payment to a provider until the check is complete.

    2. If the Department obtains information of a potentially disqualifying crime, potentially disqualifying condition, or child protective services history with respect to the provider or another subject individual, as described in OAR 407-007-0280, 407-007-0290, 461-165-0410, or 461-165-0420, the Department will conduct a weighing test as described in OAR 407-007-0200 to 407-007-0380.

    3. If the Department obtains information regarding eligibility under this rule that indicates a substantial risk to the health or safety of children in the care of the provider, the Department may conduct a weighing test as described in OAR 407-007-0200 to 407-007-0380.

  4. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules.

    2. A provider exempt from the rules specified in subsection (a) of this section must meet all of the following requirements:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the Department:

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home--

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Be in such physical and mental health as will not adversely affect his or her ability to care for a child in care.

      3. Be 18 years of age or older.

      4. Report to the Department, with respect to any person covered by paragraph (A) of this subsection, any arrest and any involvement with CPS or any other agency that provides child protective services.

      5. Report to the Department within 10 days of occurrence any change to his or her name or address and the addition of any person or employee to the household or facility.

      6. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

      7. Supervise each child in care at all times.

      8. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

      9. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

      10. Inform parents of the need to obtain immunizations for their children.

      11. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

      12. Provide, in a manner specified by the Department, information required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      13. Ensure that the facility where care is provided meets all of the following standards, unless the care is provided in the home of the child, except that a provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways, pools, ponds, and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary, and hazard-free condition.

        7. The facility has a telephone in operating condition.

      14. Complete and submit a new listing form every two years, or sooner at the request of the Department, in order for the Department to review eligibility.

  5. A provider is not eligible to receive a child care payment if the Department has referred an overpayment against the provider to a collection agency and the claim is unsatisfied.

  6. Ineligibility for payment may result from any of the following:

    1. A finding of "failed". The Department may determine, based on a specific eligibility requirement and the evidence, that a provider has failed to meet eligibility requirements listed in this rule. A provider with a status of "failed" may reapply at any time with documents and information to the Department for review. If documents and information show that the provider meets the eligibility requirements, the Department will approve the provider for payment if there is no other basis for ineligibility.

    2. A finding of "denied". If, after conducting a weighing test as described in section (3) of this rule, the Department finds substantial risk to the health or safety of children in the care of the provider, the provider will be denied and will be ineligible for payment. Providers who have been denied have hearing rights as described in OAR 407-007-0330.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 04/01/06
Eligibility of Child Care Providers

To be eligible for child care payment from the Department, a provider must meet all of the requirements in sections (1) to (6) of this rule.

  1. The provider must submit a completed Department listing form to the Department. The provider and all persons identified under section (4) of this rule are considered "subject individuals" under OAR 410-007-0210(27)(a)(H) and must complete and sign the authorization for a records check and, if necessary, an authorization to release information and fingerprint cards, as necessary for the Department to complete a current records check. The provider must fully disclose all requested information as part of the records check. If information available to the Department provides no basis for denial, the Department will approve the provider to receive payment for child care from the Department unless--

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Department determines, following a preliminary or final fitness determination (as provided in OAR 410-007-0320) and Child Protective Service (CPS) records checks, that the provider or other subject individual is not eligible for payment.

  2. The provider must meet all of the following requirements:

    1. Allow the Department to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for 12 months and provide them to Department staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Department before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the parent (as defined by OAR 461-110-0110) of the child.

    5. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    6. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

  3. The provider must not have a history of behavior that indicates a substantial risk to the health or safety of children in the care of the provider. A single incident may be sufficient history for ineligibility. This determination is based on a review of Criminal History (CH) and CPS records, an investigation of complaints, if any, and information provided by another agency:

    1. The Department may conduct a national criminal history check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 410-007-0290 and may withhold authorization for payment to a provider until the check is complete.

    2. If the Department obtains information of a potentially disqualifying crime, potentially disqualifying condition, or child protective services history with respect to the provider or another subject individual, as described in OAR 410-007-0280, 410 007-0290, 461-165-0410, or 461-165-0420, the Department will conduct a weighing test as described in OAR 410-007-0200 to 410-007-0380.

    3. If the Department obtains information regarding eligibility under this rule that indicates a substantial risk to the health or safety of children in the care of the provider, the Department may conduct a weighing test as described in OAR 410-007-0200 to 410-007-0380.

  4. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules.

    2. A provider exempt from the rules specified in subsection (a) of this section must meet all of the following requirements:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the Department:

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home--

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Be in such physical and mental health as will not adversely affect his or her ability to care for a child in care.

      3. Be 18 years of age or older.

      4. Report to the Department, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with CPS or any other agency that provides child protective services.

      5. Report to the Department within 10 days of occurrence any change to his or her name or address and the addition of any person or employee to the household or facility.

      6. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

      7. Supervise each child in care at all times.

      8. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

      9. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

      10. Inform parents of the need to obtain immunizations for their children.

      11. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

      12. Provide, in a manner specified by the Department, information required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      13. Ensure that the facility where care is provided meets all of the following standards, unless the care is provided in the home of the child, except that a provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways, pools, ponds, and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary, and hazard-free condition.

        7. The facility has a telephone in operating condition.

      14. Complete and submit a new listing form every two years, or sooner at the request of the Department, in order for the Department to review eligibility.

  5. A provider is not eligible to receive a child care payment if the Department has referred an overpayment against the provider to a collection agency and the claim is unsatisfied.

  6. Ineligibility for payment may result from any of the following:

    1. A finding of "failed". The Department may determine, based on a specific eligibility requirement and the evidence, that a provider has failed to meet eligibility requirements listed in this rule. A provider with a status of "failed" may reapply at any time with documents and information to the Department for review. If documents and information show that the provider meets the eligibility requirements, the Department will approve the provider for payment if there is no other basis for ineligibility.

    2. A finding of "denied". If, after conducting a weighing test as described in section (3) of this rule, the Department finds substantial risk to the health or safety of children in the care of the provider, the provider will be denied and will be ineligible for payment. Providers who have been denied have hearing rights as described in OAR 410-007-0330.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 10/01/05
Eligibility of Child Care Providers

To be eligible for child care payment from the Department, a provider must meet all of the requirements in sections (1), (2), (3), (4), and (5) of this rule.

  1. The provider must submit a completed Department listing form to the Department. The provider and all persons identified under OAR 461-165 0180(4) are considered "subject individuals" under OAR 410-007-0210(27)(a)(H) and must complete and sign the authorization for a records check and, if necessary, an authorization to release information and fingerprint cards, as necessary for the Department to complete a current records check. The provider must fully disclose all requested information as part of the records check. If information available to the Department provides no basis for denial, the Department will approve the provider to receive payment for child care from the Department unless--

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Department determines, following a preliminary or final fitness determination (as provided in OAR 410-007-0320) and Child Protective Service (CPS) records checks, that the provider, or other subject person, is not eligible for payment.

  2. The provider must:

    1. Allow the Department to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for 12 months and provide them to Department staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Department before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the parent of the child.

    5. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    6. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

  3. The provider must not have a history of behavior that indicates a substantial risk to the health or safety of children in the care of the provider. A single incident may be sufficient history for ineligibility. This determination is based on a review of Criminal History (CH) and CPS records, an investigation of complaints, if any, and information provided by another agency:

    1. The Department may conduct a national criminal history check through the Oregon State Police and the Federal Bureau of Investigation as specified in OAR 410-007-0290 and may withhold authorization for payment to a provider until the check is complete.

    2. If the Department obtains information of a disqualifying crime, condition, or child protective services history with respect to the persons identified in sub-section (a) of this section, as described in OAR 410-007-0280, 410 007-0290, 461-165-0410, or 461-165-0420, the Department will conduct a weighing test as described in OAR 410-007-0200 to 410-007-0380.

  4. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules.

    2. A provider exempt from the rules specified in subsection (a) of this section must:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the Department:

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home--

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Meet the following requirements:

        1. Be in such physical and mental health as will not adversely affect his or her ability to care for a child in care and either:

          1. Be 18 years of age or older; or

          2. Be 16 or 17 years of age and listed with the Department in active status before May 1, 2004. When a provider under the age of 18 applies to be listed, a responsible adult must also sign the application and must jointly assume all the responsibilities of the minor provider, including the obligation to repay an overpayment. An adult whose child is cared for by the minor provider may not serve as the responsible adult if the Department makes a payment for that care.

        2. Report to the Department, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with CPS or any other agency that provides child protective services.

        3. Report to the Department any change to his or her name or address and the addition of any person to the household within 10 days of occurrence.

        4. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

        5. Supervise each child in care at all times.

        6. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

        7. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

        8. Inform parents of the need to obtain immunizations for their children.

        9. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

        10. Provide information, in a manner specified by the Department, required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      3. Ensure that the facility where care is provided meets the following standards, unless the care is provided in the home of the child. A provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary, and hazard-free condition.

        7. The facility has a telephone in operating condition.

  5. A provider is not eligible to receive a child care payment if the Department has referred an overpayment against the provider to a collection agency and the claim is unsatisfied.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 7/01/04
Eligibility of Child Care Providers

To be eligible for child care payment from the Department, a provider must meet all of the requirements in sections (1), (2), (3), (4), and (5) of this rule.

  1. The provider must submit a completed Department listing form to the Department. If information available to the Department provides no basis for denial, the Department will approve the provider to receive payment for child care from the Department unless--

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Department determines, following completion of Criminal History (CH) and Child Protective Service (CPS) records checks, that the provider, or other subject person, is not eligible for payment.

  2. The provider must:

    1. Allow the Department to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for 12 months and provide them to Department staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Department before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the child's parent.

    5. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    6. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

  3. The provider must provide child care in manner that does not involve a substantial risk to the health or safety of children in the provider's care. This determination is based on a review of CH and CPS records, an investigation of complaints, if any, and information provided by another agency.

  4. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules.

    2. A provider exempt from the rules specified in subsection (a) of this section must:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the Department:

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home--

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Comply with the requirements of OAR 461-165-0400.

      3. Meet the following requirements:

        1. Be in such physical and mental health as will not adversely affect his or her ability to care for a child in care and either:

          1. Be 18 years of age or older; or

          2. Be 16 or 17 years of age and listed with the Department in active status before May 1, 2004. When a provider under the age of 18 applies to be listed, a responsible adult must also sign the application and must jointly assume all the responsibilities of the minor provider, including the obligation to repay an overpayment. An adult whose child is cared for by the minor provider may not serve as the responsible adult if the Department makes a payment for that care.

        2. Report to the Department, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with CPS or any other agency that provides child protective services.

        3. Report to the Department any change to his or her name or address and the addition of any person to the household within 10 days of occurrence.

        4. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

        5. Supervise each child in care at all times.

        6. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

        7. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

        8. Inform parents of the need to obtain immunizations for their children.

        9. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

        10. Provide information, in a manner specified by the Department, required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      4. Ensure that the facility where care is provided meets the following standards, unless the care is provided in the home of the child. A provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary, and hazard-free condition.

        7. The facility has a telephone in operating condition.

  5. A provider is not eligible to receive a child care payment if the Department has referred an overpayment against the provider to a collection agency and the claim is unsatisfied.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 5/01/04
Eligibility of Child Care Providers

To be eligible for child care payment from the Department, a provider must meet all of the requirements in sections (1), (2), (3), and (4) of this rule.

  1. The provider must submit a completed Department listing form to the Department. If information available to the Department provides no basis for denial, the Department will approve the provider to receive payment for child care from the Department unless:

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Department determines, following completion of Criminal History (CH) and Child Protective Service (CPS) records checks, that the provider, or other subject person, is not eligible for payment.

  2. The provider must:

    1. Allow the Department to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for 12 months and provide them to Department staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Department before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the child's parent.

    5. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    6. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

  3. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules. The Department may deny eligibility for payment to a registered or certified provider when a review of CH or CPS records, an investigation of a complaint, or information provided by another agency indicates a substantial risk to the health or safety of children in the provider's care.

    2. A provider exempt from the rules specified in subsection (a) of this section must:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the Department:

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home:

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Comply with the requirements of OAR 461-165-0400.

      3. Meet the following requirements:

        1. Be in such physical and mental health as will not adversely affect his or her ability to care for a child in care and either:

          1. Be 18 years of age or older; or

          2. Be 16 or 17 years of age and listed with the Department in active status before May 1, 2004. When a provider under the age of 18 applies to be listed, a responsible adult must also sign the application and must jointly assume all the responsibilities of the minor provider, including the obligation to repay an overpayment. An adult whose child is cared for by the minor provider may not serve as the responsible adult if the Department makes a payment for that care.

        2. Report to the Department, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with CPS or any other agency that provides child protective services.

        3. Report to the Department any change to his or her name or address and the addition of any person to the household within 10 days of occurrence.

        4. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

        5. Supervise each child in care at all times.

        6. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

        7. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

        8. Inform parents of the need to obtain immunizations for their children.

        9. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

        10. Provide information, in a manner specified by the Department, required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      4. Ensure that the facility where care is provided meets the following standards, unless the care is provided in the home of the child. A provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary and hazard-free condition.

        7. The facility has a telephone in operating condition.

  4. A provider is not eligible to receive a child care payment if the Department has referred an overpayment against the provider to a collection agency and the claim is unsatisfied.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 1/01/03
Eligibility of Child Care Providers

To be eligible for child care payment from the Department, a provider must meet all of the requirements in sections (1), (2), (3), and (4) of this rule.

  1. The provider must submit a completed Department listing form to the Department. If information available to the Department provides no basis for denial, the Department will approve the provider to receive payment for child care from the Department unless:

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Department determines, following completion of Criminal History (CH) and Child Protective Service (CPS) records checks, that the provider, or other subject person, is not eligible for payment.

  2. The provider must:

    1. Allow the Department to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Department. The provider must keep the records for 12 months and provide them to Department staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Department before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the child's parent.

    5. Provide evidence of compliance with the Department's administrative rules, upon request of Department staff.

    6. Not bill a Department client for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment, or other legal process.

  3. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules. The Department may deny eligibility for payment to a registered or certified provider when a review of CH or CPS records, an investigation of a complaint, or information provided by another agency indicates a substantial risk to the health or safety of children in the provider's care.

    2. A provider exempt from the rules specified in subsection (a) of this section must:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the Department:

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home:

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Comply with the requirements of OAR 461-165-0400.

      3. Meet the following requirements:

        1. Be 16 years of age or older and in such physical and mental health as will not adversely affect his or her ability to care for a child in care. When a provider under the age of 18 applies to be listed, a responsible adult must also sign the application and must jointly assume all the responsibilities of the minor provider, including the obligation to repay an overpayment. An adult whose child is cared for by the minor provider may not serve as the responsible adult if the Department makes a payment for that care.

        2. Report to the Department, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with CPS or any other agency that provides child protective services.

        3. Report to the Department any change to his or her name or address and the addition of any person to the household within 10 days of occurrence.

        4. Report suspected child abuse of any child in his or her care to CPS or a law enforcement agency.

        5. Supervise each child in care at all times.

        6. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

        7. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

        8. Inform parents of the need to obtain immunizations for their children.

        9. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

        10. Provide information, in a manner specified by the Department, required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      4. Ensure that the facility where care is provided meets the following standards, unless the care is provided in the home of the child. A provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary and hazard-free condition.

        7. The facility has a telephone in operating condition.

  4. A provider is not eligible to receive a child care payment if the Department has referred an overpayment against the provider to a collection agency and the claim is unsatisfied.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 07/01/01
Eligibility of Child Care Providers

To be eligible for child care payment from the Division, a provider must meet all of the requirements in sections (1), (2), (3) and (4) of this rule.

  1. The provider must submit a completed Division listing form to the Division. If information available to the Division provides no basis for denial, the Division will approve the provider to receive payment for child care from the Division unless:

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Division determines, following completion of Criminal History (CH) and Child Protective Service (CPS) records checks, that the provider, or other subject person, is not eligible for payment.

  2. The provider must:

    1. Allow the Division to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Division. The provider must keep the records for 12 months and provide them to Division staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Division before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the child's parent.

    5. Provide evidence of compliance with the Division's administrative rules, upon request of Division staff.

  3. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules. The Division may deny eligibility for payment to a registered or certified provider when a review of CH or CPS records, an investigation of a complaint, or information provided by another agency indicates a substantial risk to the health or safety of children in the provider's care.

    2. A provider exempt from the rules specified in subsection (a) of this section must:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the State Office for Services to Children and Families (SCF):

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home:

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Comply with the requirements of OAR 461-165-0400.

      3. Meet the following requirements:

        1. Be 16 years of age or older and in such physical and mental health as will not adversely affect his or her ability to care for a child in care. When a provider under the age of 18 applies to be listed, a responsible adult must also sign the application and must jointly assume all the responsibilities of the minor provider, including the obligation to repay an overpayment. An adult whose child is cared for by the minor provider may not serve as the responsible adult if the Division makes a payment for that care.

        2. Report to the Division, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with SCF or any other agency that provides child protective services.

        3. Report to the Division any change to his or her name or address and the addition of any person to the household within 10 days of occurrence.

        4. Report suspected child abuse of any child in his or her care to SCF or a law enforcement agency.

        5. Supervise each child in care at all times.

        6. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

        7. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

        8. Inform parents of the need to obtain immunizations for their children.

        9. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

        10. Provide information, in a manner specified by the Division, required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      4. Ensure that the facility where care is provided meets the following standards, unless the care is provided in the home of the child. A provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary and hazard-free condition.

        7. The facility has a telephone in operating condition.

  4. A provider is not eligible to receive a child care payment if the Division has referred an overpayment against the provider to a collection agency and the claim is unsatisfied.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 04/01/01
Eligibility of Child Care Providers

To be eligible for child care payment from the Division, a provider must meet all of the requirements in sections (1), (2), (3) and (4) of this rule.

  1. The provider must submit a completed Division listing form to the Division. If information available to the Division provides no basis for denial, the Division will approve the provider to receive payment for child care from the Division unless:

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Division determines, following completion of Criminal History (CH) and Child Protective Service (CPS) records checks, that the provider, or other subject person, is not eligible for payment.

  2. The provider must:

    1. Allow the Division to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Division. The provider must keep the records for 12 months and provide them to Division staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Division before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the child's parent.

    5. Provide evidence of compliance with the Division's administrative rules, upon request of Division staff.

  3. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules. The Division may deny eligibility for payment to a registered or certified provider when a review of CH or CPS records, an investigation of a complaint, or information provided by another agency indicates a substantial risk to the health or safety of children in the provider's care.

    2. A provider exempt from the rules specified in subsection (a) of this section must:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the State Office for Services to Children and Families (SCF):

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home:

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Comply with the requirements of OAR 461-165-0400.

      3. Meet the following requirements:

        1. Be 16 years of age or older and in such physical and mental health as will not adversely affect his or her ability to care for a child in care. When a provider under the age of 18 applies to be listed, a responsible adult must also sign the application and must jointly assume all the responsibilities of the minor provider, including the obligation to repay an overpayment.

        2. Report to the Division, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with SCF or any other agency that provides child protective services.

        3. Report to the Division any change to his or her name or address and the addition of any person to the household within 10 days of occurrence.

        4. Report suspected child abuse of any child in his or her care to SCF or a law enforcement agency.

        5. Supervise each child in care at all times.

        6. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

        7. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

        8. Inform parents of the need to obtain immunizations for their children.

        9. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

        10. Provide information, in a manner specified by the Division, required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      4. Ensure that the facility where care is provided meets the following standards, unless the care is provided in the home of the child. A provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary and hazard-free condition.

        7. The facility has a telephone in operating condition.

  4. A provider is not eligible to receive a child care payment if the Division has referred an overpayment against the provider to a collection agency and the claim is unsatisfied.

Stat. Auth.: ORS 181.537, 411.060
Stats. Implemented: ORS 181.537, 411.060, 411.122


461-165-0180    Effective 10/01/00
Eligibility of Child Care Providers

To be eligible for child care payment from the Division, a provider must meet all of the requirements in sections (1), (2) and (3) of this rule.

  1. The provider must submit a completed Division listing form to the Division. If information available to the Division provides no basis for denial, the Division will approve the provider to receive payment for child care from the Division unless:

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Division determines, following completion of Criminal History (CH) and Child Protective Service (CPS) records checks, that the provider, or other subject person, is not eligible for payment.

  2. The provider must:

    1. Allow the Division to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show the arrival and departure times each day for each child in care and billing records for each child receiving child care benefits from the Division. The provider must keep the records for 12 months and provide them to Division staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Division before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the child's parent.

    5. Provide evidence of compliance with the Division's administrative rules, upon request of Division staff.

  3. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0170, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules. The Division may deny eligibility for payment to a registered or certified provider when a review of CH or CPS records, an investigation of a complaint, or information provided by another agency indicates a substantial risk to the health or safety of children in the provider's care.

    2. A provider exempt from the rules specified in subsection (a) of this section must:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the State Office for Services to Children and Families (SCF):

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home:

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Comply with the requirements of OAR 461-165-0400.

      3. Meet the following requirements:

        1. Be 16 years of age or older and in such physical and mental health as will not adversely affect his or her ability to care for a child in care.

        2. Report to the Division, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with SCF or any other agency that provides child protective services.

        3. Report to the Division any change to his or her name or address and the addition of any person to the household within 10 days of occurrence.

        4. Report suspected child abuse of any child in his or her care to SCF or a law enforcement agency.

        5. Supervise each child in care at all times.

        6. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

        7. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

        8. Inform parents of the need to obtain immunizations for their children.

        9. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

        10. Provide information, in a manner specified by the Division, required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      4. Ensure that the facility where care is provided meets the following standards, unless the care is provided in the home of the child. A provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary and hazard-free condition.

        7. The facility has a telephone in operating condition.

Stat. Auth.: ORS 181.537, 411.060, 418.100
Stats. Implemented: ORS 181.537, 411.060, 411.122, 418.100


461-165-0180    Effective 2/1/00
Eligibility of Child Care Providers

To be eligible for child care payment from the Division, a provider must meet all of the requirements in sections (1), (2) and (3) of this rule.

  1. The provider must submit a completed Division listing form to the Division. If information available to the Division provides no basis for denial, the Division will approve the provider to receive payment for child care from the Division unless:

    1. The provider was previously found ineligible for payment and was not subsequently determined to be eligible; or

    2. The Division determines, following completion of Criminal History (CH) and Child Protective Service (CPS) records checks, that the provider, or other subject person, is not eligible for payment.

  2. The provider must:

    1. Allow the Division to inspect the site of care while child care is provided.

    2. Keep daily attendance records that show when children are in care and billing records for each child receiving child care benefits from the Division. The provider must keep the records for 12 months and provide them to Division staff on request.

    3. Be the person who actually provides the child care. The provider must notify the Division before using someone else to supervise children on a temporary basis.

    4. Not be in the same filing group as the child cared for and must not be the child's parent.

    5. Provide evidence of compliance with the Division's administrative rules, upon request of Division staff.

  3. Each provider must meet the requirements of either subsection (a) or (b) of this section:

    1. A provider subject to OAR 414-205-0000 to 414-205-0070, 414-300-0000 to 414-300-0440, or 414-350-0000 to 414-350-0250 must be currently certified or registered with the Child Care Division (CCD) of the Employment Department and be in compliance with the applicable rules. The Division may deny eligibility for payment to a registered or certified provider when a review of CH or CPS records, an investigation of a complaint, or information provided by another agency indicates a substantial risk to the health or safety of children in the provider's care.

    2. A provider exempt from the rules specified in subsection (a) of this section must:

      1. Submit names of the following persons together with their authorizations for a record check through the CH record system maintained by the Oregon State Police and the CPS record system maintained by the State Office for Services to Children and Families (SCF):

        1. The provider and each person the provider uses to supervise children in his or her absence.

        2. In the case of a provider who provides care for children in the provider's home:

          1. Each person 16 years of age or older who lives in the provider's home; and

          2. Each person who frequently visits the home of the provider during the hours care is provided and may have unsupervised access to a child there.

        3. The site director of a child care facility exempt from the requirement to be certified by CCD, and each employee of the facility who may have unsupervised access to children in the facility.

      2. Comply with the requirements of OAR 461-165-0400.

      3. Meet the following requirements:

        1. Be 16 years of age or older and in such physical and mental health as will not adversely affect his or her ability to care for a child in care.

        2. Report to the Division, with respect to any person covered by paragraph (3)(b)(A) of this rule, any arrest and any involvement with SCF or any other agency that provides child protective services.

        3. Report to the Division any change to his or her name or address and the addition of any person to the household within 10 days of occurrence.

        4. Report suspected child abuse of any child in his or her care to SCF or a law enforcement agency.

        5. Supervise each child in care at all times.

        6. Prevent persons who have demonstrated behavior that may have a detrimental effect on a child from having access to the children in his or her care.

        7. Allow custodial parents of children in his or her care to have immediate access to their children at all times.

        8. Inform parents of the need to obtain immunizations for their children.

        9. Take reasonable steps to protect children in his or her care from the spread of infectious diseases.

        10. Provide information, in a manner specified by the Division, required to conduct CH and CPS records checks or determine whether the provider meets health and safety requirements.

      4. Ensure that the facility where care is provided meets the following standards, unless the care is provided in the home of the child. A provider who provides care where the child lives must meet only the requirements of subparagraph (iii) of this paragraph.

        1. The facility has safe drinking water.

        2. The facility has a working smoke detector on each floor level and in any area where children nap.

        3. All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children is considered a usable exit), or, if a second floor is used for child care, the provider has a written plan for evacuating children in an emergency.

        4. Fireplaces, space heaters, electrical outlets, wood stoves, stairways and other hazards have barriers to protect children.

        5. Firearms, ammunition, and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags, and poisonous and toxic materials are kept in a secure place out of children's reach.

        6. The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary and hazard-free condition.

        7. The facility has a telephone in operating condition.

Stat. Auth.: ORS 411.060, 411.660, 411.816
Stats. Implemented: ORS 411.630, 411.635, 411.660