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Department of Early Learning and Care

Compliance

Exceptions to the Rules

The Child Care Licensing Division may grant an exception to an individual rule for a specified period of time when a requirement does not apply to a facility, or when the intent of the requirement can be met by a method not specified in the applicable rule. Until an exception is approved by the Child Care Licensing Division, the facility must comply with the rule as written.

An exception may be requested during the application process or at any time during a temporary or annual license period. The exception request form is located on the DELC website, or you may ask your licensing specialist for the form.

Exception Request Form (EXC-0032)

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An exception is now available for CC programs to follow new rules for position qualifications and duties before 1-1-24 → The CC Exception Packet contains all the documents you need: 

  • 414-300-0080 Director Qualifications and Duties
  • 414-300-0100 Teacher Qualifications and Dutie
  • 414-300-0110 Teacher Aides Qualifications and Duties

 

Compliance Letters

After each visit, a Child Care Facility Contact Report form is completed. A copy will be left at the facility or mailed later. The form may contain:

  • Compliance status 
  • Any rules with which the facility does not comply 
  • A description of the noncompliance 
  • Corrections needed and the date by which corrections must be made

A noncompliance may be a violation of the statutes, Child Care Licensing Division rules, or conditions of the license. If noncompliance is noted at a visit, the provider will be responsible for ensuring the noncompliance is corrected within the timeframe discussed with the licensing specialist. Depending on the noncompliance, the provider will be given the opportunity to correct the noncompliance during the visit. The licensing specialist will note their observations on the contact report that will be issued to the facility at the end of the visit.

A noncompliance is documented in a letter that is sent to the facility through the Child Care Licensing Division. The facility may receive a letter documenting a noncompliance finding based on self‐disclosure, an observation made by your licensing specialist, information received by the Child Care Licensing Division, or reviewing records of your facility.

It is the facility’s responsibility to follow up with the licensing specialist to report when the corrections are made. In some cases, the licensing specialist will conduct a follow‐up visit to ensure the facility is in compliance.

young girl in snow  

A serious violation means the Child Care Licensing Division has made a valid finding when assessing a complaint that alleges:

  • Children are in imminent danger
  • There are more children in care than allowed by law
  • Corporal punishment is being used
  • Children are not being supervised
  • Multiple or serious fire, health or safety hazards are present in the home
  • Extreme unsanitary conditions are present in the home
  • Adults are in the home who are not enrolled in the Child Care Licensing Division's Central Background Registry

Letters that contain serious valid findings are required to be posted in the facility for 12 calendar months. Findings are assigned in accordance to the noncompliance framework. The Child Care Licensing Division may impose a civil penalty for violations of applicable statutes or rules.

Findings Review Procedures

Purpose and Rights

The purpose of the findings review is to provide an opportunity for a child care license-holder or other individual against whom a finding has been issued (herein referred to as “individual”) to offer additional information and documentation regarding Child Care Licensing Division (CCLD) findings of noncompliance or regarding a complaint.

  • Individuals have a right to a review of CCLD’s findings issued to them. This review can include either or both an internal findings review by CCLD pursuant to these procedures and a judicial review pursuant to ORS 183.484.
  • If an individual has timely requested a findings review or petitioned for judicial review, the finding will remain in effect during the review process.
  • Findings review procedures are explained during the license application process, and a copy of these procedures is available upon request and is posted on the Department of Early Learning and Care (DELC) website.

Findings Review Procedures (CCLD-0125)

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Request for Findings Review (OCC-0126)

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Denial of the Application

If the facility or its operation do not comply with applicable statute or rules or with any term or condition imposed under the certification or registration, the Child Care Licensing Division may issue a notice of intent to deny the application.

Exempt Prohibition

If your application for a license is denied for cause or revoked, or if you meet other criteria set forth in ORS 329A.252, as amended by Oregon Laws 2018, Chapter 115, Section 3, you will be considered an “exempt prohibited individual.” Exempt prohibited individuals are ineligible for enrollment in the Central Background Registry and may not provide care to any child who is not related to you by blood or marriage within the fourth degree, as determined by civil law. After the five years, an individual can cease being an exempt prohibited individual by applying for and being enrolled in the Central Background Registry. CCLD will evaluate eligibility for enrollment at the time of the application.

Please refer to ORS 329A.252, as amended by Oregon Laws 2018, Chapter 115, Section 3, for information about exempt prohibited individuals. 

young girl smiling  

Emergency Suspension of a Child Care License

The emergency suspension process is used when the Child Care Licensing Division finds that there is a serious danger to public health and safety or when, in the opinion of the Child Care Licensing Division such action is necessary to protect the children from physical or mental abuse or a substantial threat to health, safety or well‐being. The Child Care Licensing Division may withdraw the emergency suspension if the conditions that resulted in the suspension are corrected.

Revoking a License

If the facility or its operation do not comply with applicable statute or rules or with any term or condition imposed under the certification or registration, the Child Care Licensing Division may issue a notice of intent to revoke the license. 

Contested Case Hearings

If the Child Care Licensing Division issues a notice of intent to deny or revoke an application, a notice of intent to impose a civil penalty, a notice of intent to impose a condition, or an emergency suspension order, the provider has the right to request a contested case hearing. The notice or emergency suspension order provides further information on the hearing process.

Public Access to Licensing Records

Information about child care facilities is available to the public subject to exceptions in the State Public Records Law. If you would like to obtain information about a program, please click here to go to the Child Safety Portal.