OAR 333-019-1005: Public Health and Safety Requirements for Child Care Providers and Youth Programs

(1) The requirements in this rule remain in effect unless the State Public Health Director or State Public Health Officer issues an order stating that the requirements in this rule are no longer necessary to control COVID-19. If such an order is issued the Oregon Health Authority must provide notice to interested parties and otherwise take reasonable steps to ensure notice of the order is provided to those affected by this rule, in accordance with ORS 183.335. The State Public Health Director or State Public Health Officer may also rescind such an order, and such a rescission must also be noticed as provided in this section. In determining whether this rule should remain in effect the State Public Health Director or State Public Health Officer will take into consideration as least the following information: (a) The degree of COVID-19 transmission, as measured by case rates, percent positivity, and any other objective metrics indicative of current or potential transmission in Oregon. (b) COVID-19 related hospitalizations and deaths. (c) Disparate COVID-19 related health impacts on communities of color and tribal communities. (d) Guidance from the Centers for Disease Control and Prevention. (2) For purposes of this rule, the following definitions apply: (a) "Child care providers" includes but is not limited to certified child care, child care programs operated by political subdivisions or governmental agencies caring for children under 13 years of age, unlicensed temporary emergency child care, recorded programs, and registered family providers. (b) "Certified child care" means programs with an active certification as defined in ORS 329A.250(2). (c) "Day camp" means a defined setting or facility that youth (K–12) attend for an established period of time, leaving at the end of the program day, which may or may not be licensed under ORS chapter 446. (d) "Enrichment programs" mean programs that provide care for school-age children (K–12), primarily for a single enrichment activity for eight hours or less a week. (e) "Local public health authority" or "LPHA" has the meaning given that term in ORS 431.003. (f) "Overnight camp" means a youth program with youth staying overnight at accommodations on site, which may or may not be licensed under ORS chapter 446. (g) "Recorded programs" means programs with an active record issued pursuant to ORS 329A.255 or 329A.257. (h) "Registered family providers" means programs with an active registration as defined in ORS 329A.250(11). (i) "Unlicensed temporary emergency child care" means programs approved to provide emergency child care pursuant to Executive Order 20-19 and who remain in operation and unlicensed pursuant to Executive Order 21-15. (j) "Youth programs" means: (A) Day camps; (B) Summer camps; (C) Overnight camps; (D) Enrichment programs serving children 0 to 18 years of age; (E) Programs operated by political subdivisions or governmental entities that offer programming only for middle school-age children ages 11 years and older; and (F) Any enrolled gathering of children from primarily ages 13 to 18 years for a defined period of daytime hours with teen or adult supervision. These gatherings can include children as young as age 11, provided they are part of a mixed-age cohort. (3) Child care providers and youth programs must: (a) Develop and follow a written communicable disease management plan for preventing and controlling communicable disease, including COVID-19, that includes: (A) Policies and procedures for notifying the LPHA, families, and other relevant individuals of potential exposure to a communicable disease within the program or facility, should a need for such notification arise. (B) A protocol for exclusion of individuals consistent with OAR 333-019-0010. (C) A protocol to end program activities if cases warrant or if recommended by the Oregon Health Authority or LPHA. (D) A designated COVID-19 Point of Contact to facilitate communication, maintain healthy operations, and respond to COVID-19 questions from state or local public health authorities, state or local regulatory agencies, families and staff. (b) Provide to all staff and families the contact information for the COVID-19 Point of Contact. (c) Exclude from the program any child or staff member who has COVID-19 consistent with the requirements in OAR 333-019-0010. (d) Notify as soon as possible all families and other individuals if there has been a case of COVID-19 on the premises.