Sorry, this is the set of rules you will be interested in.
DHS is proposing to permanently adopt a temporary rule (adopted on August 13, 2014) that increases and clarifies standards and requirements for child care providers caring for children through the ERDC or TANF-JOBS programs. The rule aligns with the Office of Child Care rules for licensed providers and the goals of the Governor’s Early Learning Council for quality child care. The amendment makes the following changes:
- Prohibits individuals who hold a medical marijuana card, distribute, grow, or use marijuana (including medical marijuana) or any controlled substance (except lawfully prescribed and over-the-counter medications) from being a DHS-approved child care provider.
- Prohibits controlled substances (except lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana, marijuana edibles, and other products containing marijuana), marijuana plants, derivatives, and associated paraphernalia from being on the child care premises during child care operational hours or anytime child care children are present. Adds a definition of premises which includes the home or facility structure and grounds, including indoors and outdoors and space not directly used for child care.
- Clarifies the prohibition on consumption of alcohol and use of controlled substances (except lawfully prescribed and over-the-counter medications) and marijuana (including medical marijuana).
- Prohibits child care providers, any individual supervising, transporting, preparing meals, or otherwise working in the proximity of child care children and those completing daily attendance and billing records from being "under the influence". Adds a definition of this term which includes observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substance (including lawfully prescribed and over-the-counter medications), marijuana (including medical marijuana), or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others.
- Prohibits smoking within ten feet of any entrance, exit, window that opens, or any ventilation intake that serves an enclosed area and adds e-cigarettes and vaporizers to the list of smoking products that are prohibited.
- Adds a requirement for the provider to report to DHS when they no longer meet the provider eligibility requirements under this rule.
- Adds requirement to report if any subject individual has any involvement with adult protective services, (in addition to child protective services).
- Clarifies alcohol, inhalants, tobacco and e-cigarette products, matches and lighters, any prescription or non-prescription medications are also considered items that may be dangerous to children and must be kept in a secure place out of a child’s reach.
See attachment for more information, including the Notice of Proposed Rulemaking Hearing, Statement of Need and Fiscal Impact, and rule text showing proposed rule edits. This information is also available at http://www.dhs.state.or.us/policy/selfsufficiency/ar_proposed.htm.
The Department requests public input on the proposed rule changes. Written comments may be submitted until Friday, December 5, 2014 at 5 pm via email to firstname.lastname@example.org or mailed to Kris Skaro at 500 Summer St. NE, E-48, Salem, Oregon, 97301.
A public hearing will also be held to take comments in person on Tuesday, November 25, 2014 at 3:00 p.m. at the Public Service Building, Room 251A, 255 Capitol St. NE, in Salem. This is a combined public hearing on this DHS rule and the Department of Education, Early Learning Council, proposed child care rules. Information about the Department of Education rules is available here: http://www.ode.state.or.us/search/page/?id=4062
The hearing site is accessible for individuals with mobility impairments and auxiliary aids are available upon request.
All comments received will be given equal consideration before the Department proceeds with permanent rulemaking.
If you have questions, or would like these materials in a different format, please contact me at 503-945-6067.
Department of Human Services