Oregon Administrative Rules
Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE
Division 75 - GENERAL RULES FOR ALL CHILD CARE FACILITIES
Section 414-075-0250 - Operating Hours and Care Not Requiring a License
Universal Citation: OR Admin Rules 414-075-0250
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A facility may provide care without a license if the facility:
(a) Provides care in
the home of the child by a babysitter or other person;
(b) Is the child's parent, legal guardian or
custodian;
(c) Is related to the
child by blood or marriage within the fourth degree;
(d) Is a member of the child's extended
family unit, as determined by CCLD on a case-by case basis;
(e) Provides only occasional care as defined
in these rules;
(f) Is a provider
of medical services;
(g) Provides
care for children from only one family, in addition to any children who reside
with the person;
(h) Provides care
for three or fewer children, in addition to any children who reside with the
person;
(i) Provides care for
preschool-age children that is primarily educational for 4 hours or less per
day and where no preschool-age child is present at the center for more than 4
hours per day;
(j) Provides care
for school-age children that is not intended for child care purposes and is
primarily a single enrichment activity, such as swimming lessons, dance
lessons, tutoring, music lessons, sports practice, or any single class in any
subject, where no child attends for more than 8 hours per week;
(k) Provides group athletic or social
activities sponsored by or under the supervision of an organized club or hobby
group. This exclusion applies only to the time engaged in the group athletic or
social activities;
(l) Is operated
by a school district, charter school, political subdivision of this state, or a
government agency;
(m) Operates as
a parent cooperative for no more than 4 hours a day and:
(A) Care is provided on a rotating basis by
parents that are members of the cooperative; and
(B) Are overseen by a board of directors
responsible for developing written program policies and procedures that are
shared with all members.
(n) Provides care while the child's parent
for the child remains on the premises and is engaged in an activity on-site,
and:
(A) The facility informs the parent that
the facility's program is not licensed by the state;
(B) Activities in which the parent is engaged
do not include work; and
(C)
Caregivers are always able to contact the parent.
(o) Provide youth development activities, as
defined in ORS 329A.250(16),
to school-age children during hours that school is not in session and which
does not take the place of a parent's care.
(2) Care provided to children who do not reside in a licensed facility requires a license if provided by a licensed facility during the licensed facility's regular operating hours, as defined in these rules.
(a) Care provided to a child who
is enrolled in a licensed facility who arrives before or remains after the
facility's regular operating hours and is in care for any part of the
facility's regular operating hours requires and is subject to all requirements
of the facility's license.
(b) A
child who ordinarily receives care at a registered or certified child care home
facility and is present at the facility outside of the facility's regular
operative hours for a social event is not subject to the requirements of the
facility's license only if the facility has informed the parent that that the
facility is not providing child care and that the care is not subject to
license requirements.
(A) Care described in
paragraph (2)(b) of this rule is not eligible for payment from the Employment
Related Day Care program.
(B) Care
for a child who is enrolled in a licensed child care is subject to all
requirements of the facility's license if any of following exist regardless of
whether the facility has informed the parent that the care is not subject to
license requirements:
(i) The parent pays the
facility for the care;
(ii) The
child is in care for the purpose of providing care, supervision and guidance
while the child's parent is unavailable due to work, school, or another
activity; or
(iii) The child is in
care outside the facility's regular operating hours on a regular basis. A
facility regularly providing care outside its regular operating hours must
notify CCLD and request approval to change the operating hours to include the
days and hours that care is regularly provided.
(3) Care may be provided without a license:
(a) At the location of a
license-exempt child care facility, as defined in these rules, by a caregiver
operating or employed by a license-exempt child care facility, for their own
child or any child who resides with the caregiver before, during, or after
their hours of employment at the license-exempt child care facility, as allowed
by the license-exempt child care facility.
(b) By a person, including a person who
operates an exempt care or license-exempt child care facility, providing
occasional care as defined in these rules during summer, winter and spring
school breaks if the facility is ordinarily closed during such breaks. A
licensed facility may not provide occasional care during periods that the
facility is closed unless the license has been surrendered or has
expired.
(c) In the following
combinations of exempt care:
(A) Care by a
babysitter or other person in the home of the child, in addition to one or more
children who reside with the babysitter or other person.
(B) Care by a child's parent, legal guardian,
or custodian, in addition to children who are related to the child's parent,
legal guardian, or custodian by blood or marriage within the fourth degree as
determined by civil law.
Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.135 & ORS 329A.280
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.