Oregon Oregon

Licensing Standards for DayCare Centers

General Requirements

(1) The operator shall establish a system of job descriptions, staff selection, and staff evaluation that ensures that staff:

(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.

(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.

(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 behavior.

(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.

(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.

(6) Volunteers who are counted in determining the staff/child ratios shall meet the qualifications of the position they are filling.


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