Or. Admin. Code § 414-310-0120

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-310-0120 - Exemptions from Licensing

A child care facility is exempt from certification if the facility:

(1) Provides care in the home of the child;

(2) Is the child's parent, a guardian or person acting in place of a parent;

(3) Is related to the child by blood, marriage or adoption within the fourth degree;

(4) Is a member of the child's extended family unit, as determined by CCLD on a case-by-case basis;

(5) Provides care infrequently or intermittently, including but not limited to care that is provided during summer or other holiday breaks when children are not attending school, for fewer than 70 days in a calendar year;

(6) Is a provider of medical services;

(7) Provides care for children from only one family, not including the provider's children;

(8) Provides care for three or fewer children, not including the provider's children;

(9) 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 facility for more than 4 hours per day;

(10) 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;

(11) 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;

(12) Is operated by a school district, charter school, political subdivision of this state, or a government agency;

(13) Operates as a parent cooperative for no more than four 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.

(14) Provides care while the child's parent or person responsible for the child remains on the premises and is engaged in an activity on site, and:

(a) A facility informs parents that the facility's program is not licensed by the state;

(b) Activities do not include work or attending school; and

(c) Caregivers are always able to contact the parent(s).

(15) Provide youth development activities, as defined in ORS 329A.250(14), to school-age children during hours that school is not in session and which does not take the place of a parent's care.

Or. Admin. Code § 414-310-0120

ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022; ELD 7-2022, adopt filed 07/01/2022, effective 7/1/2022; DELC 140-2023, amend filed 12/06/2023, effective 1/1/2024; DELC 69-2024, minor correction filed 05/06/2024, effective 5/6/2024

Statutory/Other Authority: ORS 329A.280

Statutes/Other Implemented: ORS 329A.280