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ELC Ad Hoc Committee: Child Care Safety Portal

July 23, 2019 3pm – 5:30 pm

Meeting Agenda Check-In and Agenda Review

3:00 – 3:10

June Meeting Recap

3:10 – 3:20

Should the Portal Show Information for Licensed and Current Providers Only?

Review of Background Materials o License Exempt Child Care o Non-Licensed Types in the Portal o Data Availability Comparison o Location of Potential New Safety Tools o Oregon’s Child Care Safety Check Tool o Oregon’s Child Care Search Tool

Questions on Background Materials Group Discussions

3:20 – 4:15

Break 4:15 – 4:30

Group Report Outs and Committee Recommendations Licensed and Regulated Only? Currently Licensed/Regulated Only?

4:30 – 5:15

Introduction to August’s Meeting Topic

5:15 – 5:20

Closing

5:20 – 5:30

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Question #1:

Should the Portal only show information for licensed programs? Current Practice:

The Portal search shows information for programs that are both licensed and not licensed.

Non-licensed care includes:

o License Exempt Recorded Programs (preschool and school age)

o License Exempt Regulated Subsidy providers

o Illegal Care

Recommendation:

The Portal search shows information for programs that are Licensed or Regulated Subsidy Providers only.

Information about individuals that have a valid finding of illegal care is made available online within the child care safety tools overview

web page.

Meets CCDF Requirements:

States must post the results of monitoring and inspection reports for all licensed and regulated subsidy providers.

There is no CCDF requirement to display illegal care citations.

PROS AND CONS of the RECOMMENDATION

Provider/Facility Pros:

Individuals accused of conducting illegal care are clearly visible.

Providers are distinguishable for their participation in the licensing

program among those that are not participating.

Cons:

None identified.

Parent/Guardian Pros:

The Portal search tool is straightforward in that the only providers

included are those that are regulated by the state. This could help drive

families to call OCC with questions about who is regulated and who is not.

The information provided as part of the Portal search is more accurate

because it is data the Office of Child Care collects directly.

Parents can see if an individual has been cited for illegal care.

Removing Recorded Programs ensures parents are not mislead into

thinking these programs are monitored for safety.

Cons:

None identified.

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Question #2: Should the Portal only show information for programs that have a current license? Current Practice: The Portal search shows information for programs that have a current license and those that do not have a current license.

Recommendation:

The Portal search only shows information for programs that have current licenses.

A list of programs that were closed related to legal action is made available online within the child care safety tools overview web page.

Meets CCDF Requirements: States must post the results of monitoring and inspection reports for all licensed and regulated subsidy providers.

CCDF does not require states to display licensing history information for providers that have closed.

PROS AND CONS of the RECOMMENDATION

Provider/Facility Pros: Families are easily able find their program.

Cons: None identified.

Parent/Guardian Pros:

The Portal search tool is straightforward in that

the only providers included are those that are

currently licensed or regulated by the state.

o This could help drive families to call

OCC with questions about who is

regulated and who is not.

It is clear that all providers appearing in a

Portal search have oversight from the Office of

Child Care.

Cons: None identified.

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License Exempt Child Care

Overview Certain types of child care are not required to be licensed with the Early Learning Division Office of Child Care and thus are considered LICENSE EXEMPT. If any one of the following 16 criteria are met, the care is considered exempt and does not require a license from the Office of Child Care.

Criteria 1. Three or fewer children, not including the provider’s own children, are being cared for. 2. Care is conducted in the home of the child(ren) and all children cared for live in the home. 3. The care being conducted is by a person who cares for children from only one family, other than the person’s own

children.

4. The care being conducted is by a person who is a member of the child’s extended family, as determined by the Office of Child Care and is on a case-by-case basis.

5. The care being conducted is by a person related to the child by blood or marriage (a person related to the child

included the child’s parent, grandparent, great-grandparent, sibling, aunt, uncle or first cousin) within the fourth degree as determined by civil law.

6. The program is operated by a school district, Education Service District, a political sub-division of the state or a

governmental agency. Private schools are not included.

7. The program is being operated as a parent cooperative for no more than four hours per day. a. All of the following requirements must be met by the parent cooperative: (a) care is provided by parents on

a rotating basis; (b) membership in the cooperative includes parents; (c) there are written policies; and (d) a board of directors that includes parents of the children cared for by the cooperative controls the policies and procedures of the program.

8. The program is primarily a group athletic or social activity sponsored by or under the supervision of an organized

club or hobby group. 9. The program is providing care for school-age children that is primarily a single enrichment activity for eight hours or

less per week and focuses on a single activity. Single enrichment activities include but are not limited to: swimming lessons, dance lessons, tutoring, music lessons, sports practice or any single class in any subject.

10. The program is a primarily supervised, child focused training in a specific subject, such as dancing, drama, music or

religion.

11. The program is provided on an occasional basis (70 or less days per year) by a program that is not ordinarily engaged in doing child care.

12. The child’s parent remains on the premises and is engaging in an activity offered by the program or in another non-

work activity. 13. Care is being conducted by a residential facility licensed under ORS 443.400 to 443.455.

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14. The program is a kindergarten-and-up regular academic school day at a private school.

15. The program is providing care for preschool-age children (ages 36 months to five years of age) that is primarily

educational where no child is on-site for more than four hours per day.*

16. The program is providing care in which youth development activities are provided to school-age children during hours that school is not in session and which does not take the place of a parent’s care. The program description must clearly indicate that children may arrive and depart the program as they wish.*

* These two criteria make a provider exempt from licensing but the provider is required by law to be recorded with the ELD’s Office of Child Care.

412481

3783

0

500

1000

1500

2000

2500

3000

3500

4000

June/July

Non-Licensed vs Licensed Providers Summer 2019*

*Recorded Programs and Licensed Care numbers are as of June 30. Regulated Subsidy numbers are as of July 15.

Non-Licensed Recorded Programs Non-Licensed Regulated Subsidy Providers Licensed Care

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Illegal Care Recorded Program Regulated Subsidy

Definition The care does NOT MEET any of the license exempt criteria. Care being offered must be licensed through the Office of Child Care (OCC) but is not. Examples:

A child care provider is caring for four

children they are not related to in their

home

A private school is operating a preschool

where children stay for a full school day

of six hours

This care MEETS the following license exempt criteria: Preschool Program

Only serves children three to five years of

age

Children are on-site no more than four

hours a day

Primarily educational

School Age Program

Serves children eligible for kindergarten to

13 years of age

Only takes place when school is not in

session

Provides youth development activities

extracurricular in nature

Does not take the place of parental care

This care MEETS at least one license exempt criteria. A non-relative who cares for children whose guardians are approved to receive child care assistance (ERDC) through the Department of Human Services (DHS). Examples:

A person, paid by a parent using ERDC

funds, is caring for three unrelated children

in her home

A person, paid by a parent using ERDC

funds, is caring for a five siblings in the

siblings’ home

Oversight Governed by State Laws and Rules:

OCC has the right to inspect any facility/home where there is reason to believe that they are providing illegal care.

OCC can only look at the number of children in care; no other rules apply because the individual is not licensed

Governed by State Laws and Rules:

Provider must submit recorded program application to OCC that includes the program purpose, activities, parent agreement, and schedule

OCC sends renewal paperwork every two years

Provider must assure that all adults 18 and over completed a background check

Provider must agree to post a notice that they are a Recorded Program

Governed by Federal and State Laws and Rules:

CCDF funds pass through the OCC to DHS to administer the Employment Related Day Care (ERDC) program

OCC ensures compliance with minimum health and safety standards:

o OCC conducts initial and annual health and safety visits

DHS separately conducts background

checks, oversees training requirements,

and determines approval

Non-Licensed Types in the Portal

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Non-Licensed

Types of Data Available Illegal Care Recorded Programs Regulated Subsidy Licensed Programs

Contact Name X X X X

Address X X*

Phone X*

Capacity X X

Program (License) Type X X

Spark Rating X

Unique Identification Number X X X X

Status X

Count of Deaths X X

Initial Status Date X X

Status Expiration Date X X

Count of Injuries X X

Visit History (New, Annual, Recertification, Complaints) X* * X* X

Legal Actions X X

Notes *Complaint visits only *No initial or annual visits are conducted.

*The OCC conducts an initial and annual health and safety visits

*Except for home-based care. The OCC is not legally allowed to show the address and phone number of home-based care providers.

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Location of Potential New Safety Tools: Child Care Safety Tools Overview Page

Add the following to the tools menu:

Recommendation 1

List of individuals/facilities cited for illegal care

Recommendation 2

Licensed facilities closed due to legal action

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Oregon’s Child Care Safety Check Tool: “The Portal”

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Oregon’s Child Care Search Tool