Category: Rulemaking Engagement

AMENDING RULES GOVERNING VEHICLE USE

The Early Learning Council will consider formal rulemaking to amend rules governing vehicle use in Registered Family Child Care Homes (OAR Chapter 414, Division 205); Certified Family Child Care Homes (OAR Chapter 414, Division 350), Certified Child Care Centers (OAR Chapter 414, Division 300), Regulated Subsidy Family Child Care Homes (OAR Chapter 414, Division 180) at its June 22, 2017 meeting.

The rule proposes to establish allowable vehicle types, and provides options for types of vehicles and establishes conditions.

The Child Care and Education Committee, serving as the Council’s Rules Advisory Committee, conducted a work session on the vehicle rule in February and May, 2017. In May, the Early Learning Council conducted a first reading of the proposed rule forwarded by the Child Care Education Committee. The consensus of the council was adopt rule revisions following the public comment period

The new rule may incur a financial impact to those child care providers that are presently using a vehicle that is manufactured prior to 2010. They may have to pay for annual vehicle safety inspections as required by the new rule. The new rule should minimize the financial impact for providers as they consider the purchase of vehicles for use when transporting child care children.

Interested parties can access the Committee meeting agendas and materials at https://oregonearlylearning.com/public-meetings/child-care-education-committee

The proposed rule was submitted to the Secretary of State as part of the formal rulemaking process and published in the June Secretary of State Bulletin. The public comment period closes on June 21, 2017 at 5:00 p.m. Comments may be emailed to Lisa.pinheiro@ode.oregon.gov, or mailed to Lisa Pinheiro, Oregon Early Learning Division, 775 Summer Street NE., Suite 300, Salem, OR 97301.

Click the following links to view proposed rule language:

DIVISION 180 – Regulated Subsidy   DIVISION 350 – Certified Family   DIVISION 300 – Certified Centers  DIVISION 205 – Registered Family

License Exempt Providers Rule Revision

License Exempt Providers Rule Revision

​The Early Learning Council will begin formal rulemaking to amend rules governing license exempt child care providers accepting federal subsidies. The Child Care and Development Block Grant Act of 2014 requires states and territories to conduct health and safety monitoring inspections for all child care providers who accept federal funding from the Child Care and Development Fund. The Early Learning Council will promulgate rules covering the on-site health and safety monitoring of license exempt providers serving families receiving subsidies, now referred to as “Regulated Subsidy Providers.”

Click here to view the revisions.

Public comment will be accepted through December 29, 2016 at 5:00 p.m.

Comments may be emailed to lisa.pinheiro@state.or.us, or submitted using the survey form below:

Amending Rules Governing License-Exempt Providers

The Early Learning Council will begin formal rulemaking to amend rules governing license-exempt child care providers accepting federal subsidies. The Child Care and Development Block Grant Act of 2014 requires states and territories to conduct health and safety monitoring inspections for all child care providers who accept federal funding from the Child Care and Development Fund. The Early Learning Council will promulgate rules covering the on-site health and safety monitoring of licensed-exempt providers serving families receiving subsidies, now referred to as “Regulated Subsidy Providers.”

OAR Chapter 414 Division 180.

The Child Care Development Block Grant Act of 2014 requires the Early Learning Division to begin annual health and safety inspections of license exempt child care providers who accept federal subsidies. ORS 329A.505 authorizes the Office of Child Care to conduct on-site inspections when such inspections are required under federal law and authorizes the Office of Child Care to require improvements or corrections necessary to bring provider into compliance.

The Early Learning Council adopted administrative rules in June 2016 applicable to home-based Regulated Subsidy Providers. The rule revisions currently under consideration include revisions necessary to incorporate rules for center-based child care facilities and providers accepting subsidies.

Click here to view the revisions.

Public comment will be accepted through December 29, 2016 at 5:00 p.m. Comments may be emailed to Lisa.pinheiro@ode.state.or.us.

 

Central Background Registry Administrative Rules Revisions

The Early Learning Council will begin rulemaking to revise administrative rules relating to enrollment in the Central Background Registry established pursuant to ORS 329A.030.

The Early Learning Division, Office of Child Care (OCC) administers the Central Background Registry (CBR) pursuant to ORS 329A.030. OCC conducts background checks on individuals associated with child care facilities. Subject individuals (defined below) may submit an application for enrollment in the CBR to OCC. OCC then conducts a criminal and child welfare (child abuse and neglect) background check on the applicant and determines whether the applicant is suitable for enrollment in the CBR. The enrollment period is two years at which time the individual must apply for renewal of their enrollment. OCC conducts a quarterly LEDS (Law Enforcement Data System) check of all enrollees in the CBR.

Revisions to rules will allow the Office of Child Care (OCC) to conduct FBI fingerprint checks in all circumstances as required by Federal law as a condition for receiving federal Child Care and Development Block Grant (CCDBG) funds. OCC can no longer access criminal information from other states without having fingerprint identification for all applicants.

Rule revisions also bring the OCC suitability factors for background checks in line with the Oregon State Police (OSP) suitability factors found in ORS 181A.195 since they were revised as a result of HB 3168 and to ensure OCC is meeting statutory requirements.

Click here to view the rule revisions.

Public Comments will be received until December 1, 2016 at 5:00 p.m. Comments can be sent to Lisa.pinheiro@ode.state.or.us.