Current through Register Vol. 63, No. 9, September 1, 2024
(1)
"Ratios" mean the number of staff required to be physically present with a
child or group of children.
(2)
"Group size" is the number of children assigned to staff occupying an
individual classroom or well-defined space within a larger room.
(3) When more than one group of children
utilize a room at the same time, excluding rooms used only for large group
activities (e.g., eating, napping, large muscle activities), the following
apply:
(a) The area occupied by each group
must be defined by use of portable or permanent room dividers, furniture or
equipment;
(b) Each space is
considered separate and operates as an independent classroom. The space must
have its own staff, program materials, attendance records and adequate square
footage;
(c) Children may not move
freely between the two spaces; and
(d) The entire group can come together
briefly for a specific activity, but in general, the groups should remain
separate throughout the day.
(4) A certified child care center must have
at least one caregiver who meets the qualifications of a teacher, as defined
under OAR 414-305-0340(2), with each group of children.
(5) A certified child care center must count
all children in ratios, group size and capacity with the following exceptions:
(a) Children visiting with a non-staff parent
or a staff parent not being counted to meet staff-to-child ratios as long as
the parent is directly supervising their child; and
(b) Minors who qualify as
volunteers.
(6) The
number of teachers and aides and group size is determined by the number and
ages of the children in attendance, per Table 3A or 3B, as applicable.
(a) All certified child care centers with
initial certification after July 15, 2001, must comply with staff-to-child
ratios and group size in Table 3A. TABLE 3A (For centers initially licensed
after July 15, 2001)
(b) Certified
child care centers with initial certification on or before July 15, 2001, must
comply with staff-to-child ratios and group size in either Table 3A or Table
3B. Centers eligible to utilize Table 3B may continue to be eligible under the
following conditions: TABLE 3B (For centers with initial certification on or
before July 15, 2001)
(A) The center must
choose to operate under Table 3A or Table 3B; centers shall not operate under a
combination of both.
(B) If a
center changes ownership, but continues to operate, the center may continue to
utilize Table 3B.
(C) If a center
wishes to change from operating under one ratio table to another ratio table,
the center must notify CCLD in writing and receive approval prior to utilizing
a different table.
(D) A certified
child care center may change ratio tables only twice.
(7) A certified child care center
must meet the staff-to-child ratio and the maximum number of children in a
group at all times, except during times identified in (a) and (c) of this rule:
(a) One teacher, aide II, or aide I, with CBR
enrollment, may supervise the area where children are resting if:
(A) There are no infants in the
group;
(B) All children are in the
process of going to sleep, asleep, or in the process of waking up;
(C) The room is arranged so all children are
supervised, as defined in OAR 414-305-0500, Supervision of Children;
and
(D) The center has sufficient
staff on site that can be summoned to meet the required ratio in case of an
emergency or as children wake.
(b) If two or more children are restless,
vocal, off their cot or mat, sitting up, or interacting with other children, a
certified child care center must meet the staff-to-child ratio.
(c) A certified child care center may exceed
maximum group size on field trips, outdoor play, planned large group
activities, napping and eating.
(8) A certified child care center may count
staff in ratio under the following situations:
(a) Drivers, when transporting
children;
(b) While staff are
performing minimal cleaning and food service duties, provided supervision is
maintained;
(c) When they are
assisting a child in a restroom that opens directly into the classroom,
provided children can be seen or heard and supervision is maintained;
and
(d) When any children are
participating in a contracted service in the center, the room is arranged so
all children are supervised and the situation permits, there may be one staff
that meets at least the qualifications of an aide I, with CBR enrollment,
supervising the group along with the contracted services instructor. As
children finish the activity offered by the contracted service, additional
caregivers shall be added to return to required ratios. Sufficient caregivers
to meet the required ratio shall be in the facility and able to be summoned by
the caregiver without leaving the room.
(9) A certified child care center may combine
older toddlers through school-age children in one group. If children are in
adjacent age ranges (e.g. younger toddlers with older toddlers, or older
toddlers with preschool age children), they may be combined in one
group.
(10) If combining infants,
younger toddlers and older toddlers, the certified child care center must
ensure:
(a) There is separation of non-mobile
infants from mobile children; and
(b) Activities and materials are safe and
developmentally appropriate for all children in the group.
(11) In a mixed age group, a certified child
care center must meet the ratio and group size for the youngest child in the
group, excluding when the center is operating under the Mixed-Age Ratio Table
(see OAR 414-305-0400(12)).
(12) A
certified child care center may operate within the ratio and group size in the
Mixed-Age Ratio Table when:
(a) There are 16
or fewer children on site; or
(b)
The certified child care center's licensed capacity is 16 or fewer
children.
(13) When
utilizing the Mixed-Age Ratio Table, a certified child care center must:
(a) Meet all requirements for the age groups
that are in care;
(b) Ensure that
at least one staff member is teacher-qualified in one of the represented age
groups;
(c) If infants and toddlers
are part of the mixed-age group, a center must:
(A) Have separation for non-mobile children
from mobile children;
(B) Have a
diaper changing station and handwashing sink located in the room being utilized
for care; and
(C) Have one staff
member that meets teacher qualifications for infants or toddlers.
(14) A certified child
care center must group children with specific care needs by chronological age,
except when recommended otherwise by the child's healthcare professional or
other qualified professional as provided in OAR 414-305-1050(10).
(15) When only one center staff is required
to care for the only group of children on site, a certified child care center
must ensure:
(a) The ratio and group size for
the youngest child in the group is met; and
(b) A second individual is readily available
to respond if needed, or CCLD approves an alternate plan.
To view attachments referenced in rule text,
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rule.
Statutory/Other Authority: ORS
329A.260
Statutes/Other Implemented: ORS
329A.260
