for DayCare Centers
(1) The operator shall establish a system of job descriptions, staff selection,
and staff evaluation that ensures that staff:
(2) Any staff with evidence of a child care-restrictable disease, symptom of physical
illness, as defined in OAR 414-300-220 (1), or mental incapacity that poses a
threat to the health or safety of children shall be relieved of his/her duties.
- (a) Have competence, sound judgment, and self-control in working with children;
- (b) Are mentally, physically, and emotionally capable of performing assigned
duties related to child care; and
- (c) Have the required training and/or experience for the position for which
they are hired.
(3) If there is evidence which casts doubt on the physical or mental competence
of a person to care for children, CCD may request that the operator provide
CCD with an evaluation from a physician, psychiatrist, or other qualified person.
(4) A criminal record check through the Oregon State Police Law Enforcement
Data System (LEDS) or comparable source shall be done, and an FBI criminal record
may be done, on all administrative, child caring, and support staff of the facility.
Criminal record checks shall also be done on persons who may or may not be facility
staff if their presence or role in the facility provides unsupervised access
to children. Certification shall be denied, suspended, or revoked if any person
listed in section (4) of this rule operates, is employed in, or has access to
children at the facility who has been convicted of or sentenced for offenses
which CCD has determined indicate behavior which would have a detrimental effect
on a child, unless the person provides evidence acceptable to CCD of changed
(5) There shall be a person or persons on the staff who meet(s) the qualifications
of director (OAR 414-300-080) and head teacher (OAR 414-300-090). A person who
meets the qualifications shall be assigned the duties of the position.
- (a) If any person listed in section (4) of this rule has been charged with,
arrested for, or a warrant is out for any of the crimes which CCD has determined
indicate behavior which would have a detrimental effect on a child, with final
disposition not yet reached, certification will be denied or suspended until
the charge, arrest, or warrant has been resolved if the person continues to
operate, be employed in, or has access to children in a child care facility;
- (b) The operator shall require each person listed in section (4) of this
rule to provide written consent for CCD to conduct a criminal record check.
Consent shall be given on the form provided by CCD and shall be accompanied
by a fee, as determined by CCD, for each person checked;
- (c) A criminal record check request must be sent to CCD, and CCD must complete
a criminal record check, on all persons listed in section (4) of this rule
prior to their affiliation with the facility; and
- (d) If a criminal record check shows that a warrant has been issued for
any person checked, CCD will inform the originating law enforcement agency
of the person's name, employment address, and telephone number.
(6) Volunteers who are counted in determining the staff/child ratios shall
meet the qualifications of the position they are filling.