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Oregon Bulletin

June 1, 2011

 

Employment Department,
Child Care Division
Chapter 414

Rule Caption: Clarifies which individuals working in recorded programs must have background checks.

Adm. Order No.: CCD 1-2011(Temp)

Filed with Sec. of State: 4-28-2011

Certified to be Effective: 5-1-11 thru 10-20-11

Notice Publication Date:

Rules Amended: 414-425-0010, 414-425-0030, 414-450-0010, 414-450-0030

Subject: Clarifies which individuals working in school age and preschool recorded programs must have criminal background checks.

Rules Coordinator: Courtney Brooks—(503) 947-1724

414-425-0010

Definitions

(1) “Child Care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, during a part of the 24 hours of the day, with or without compensation.

(2) “CCD” means the Child Care Division of the Employment Department, or the Administrator or staff of the Division.

(3) “Program Record” means the document a school age recorded program is issued by the Child Care Division to operate a school age recorded program pursuant to ORS 657A.257 and OAR 414-425-0000 through 414-425-0030.

(4) “School Age Child” means a child eligible to be enrolled in the first grade or above in public school including the months of summer vacation prior to being eligible to be enrolled in the first grade or above in the next school year, up to age 13. For purposes of these rules, a child attending kindergarten may be considered a school age child.

(5) “School Age Recorded Program” means a program for school age children that does not take the place of a parent’s care, in which youth development activities are provided to children during hours that school is not in session. For purposes of these rules it does not include programs that are operated by a school district as defined in ORS 332.002.

(6) “Staff” means any individual 18 years and older who works in, and has contact with children in the program

(7) “Youth development activities” means care, supervision or guidance that is intended for enrichment, including but not limited to teaching skills or proficiency in physical, social or educational activities such as tutoring, social activities, and recreational activities.

Stat. Auth.: ORS 657A.030(7)

Stats. Implemented: ORS 657A.030

Hist.: CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10; CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11

414-425-0030

General Requirements

(1) The school age recorded program must assure that all individuals who may be left alone with children in the program shall have criminal background checks.

(2) If an individual will never be left alone with children in the program, that individual does not have to have a criminal background check.

(3) The facility must have a written policy stating that individuals who have not completed a criminal background check may never be left alone with children in the program. The program must provide a copy of the written policy to all staff and volunteers.

(4) The school age recorded program must post a notice where it is visible to parents that the program is recorded with CCD and is legally exempt from licensure.

Stat. Auth.: ORS 657A.030(7)

Stats. Implemented: ORS 657A.030

Hist.: CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10; CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11

414-450-0010

Definitions

(1) “Child Care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, during a part of the 24 hours of the day, with or without compensation.

(2) “CCD” means the Child Care Division of the Employment Department, or the Administrator or staff of the Division.

(3) “Preschool-Age Child” means a child who is 36 months of age up to the summer vacation months prior to being eligible to be enrolled in the first grade in public school.

(4) “Preschool Recorded Program” means a facility providing care for preschool age children that is primarily educational for four hours or less per day and where no preschool child is present at the facility for more than four hours per day.

(5) “Program Record” means the document a preschool recorded program is issued by the Child Care Division to operate a preschool recorded program pursuant to ORS 657A.257 and OAR 414-450-0000 through 414-450-0030.

(6) “School-Age Child” means a child eligible to be enrolled in the first grade or above in public school including the months of summer vacation prior to being eligible to be enrolled in the first grade or above in the next school year, up to age 13. For purposes of these rules, a child attending kindergarten may be considered a school age child.

(7) “Staff” means any individual 18 years and older who works in, and has contact with children in the program.

Stat. Auth.: ORS 657A.030(7)

Stats. Implemented: ORS 657A.030

Hist.: CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10; CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11

414-450-0030

General Requirements

(1) The preschool recorded program must assure that all individuals who may be left alone with children in the program shall have criminal background checks.

(2) If an individual will never be left alone with children in the program, that individual does not have to have a criminal background check.

(3) The facility must have a written policy stating that individuals who have not completed a criminal background check may never be left alone with children in the program. The program must provide a copy of the written policy to all staff and volunteers.

(4) The preschool recorded program must post a notice where it is visible to parents that the program is recorded with CCD and is legally exempt from licensure.

Stat. Auth.: ORS 657A.030(7)

Stats. Implemented: ORS 657A.030

Hist.: CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10; CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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