OAR 414-075-0230: Exempt Prohibition, Unlawful Care, Civil Penalties

(1) An individual is an exempt prohibited individual as a result of any of the following circumstances as provided by ORS 329A.252: (a) The individual has had their registration, certification, or record denied for cause or revoked for cause. (b) The individual is not enrolled in the Central Background Registry because of removal for cause or denial for cause. (c) The individual voluntarily surrendered their child care license or enrollment in the Central Background Registry during a CCLD investigation or after CCLD has given the individual notice of an administrative action against the individual or the individual’s facility. (d) The individual is suspended from the Central Background Registry. (e) The individual is licensee of a license that is suspended. (f) The individual has been issued a final order to cease and desist by CCLD after a contested proceeding or that has become effective because the individual did not request a hearing. (2) An exempt prohibited individual may not provide child care or exempt care as defined in these rules except for their own children or children related to them within the fourth degree of sanguinity as determined by civil law. (3) An exempt prohibited individual: (a) Remains an exempt prohibited individual for five years after the most recent dates of a circumstance resulting in the status as described in section (1) (a) through (c) and (f) of this rule and continues to be an exempt prohibited individual unless and until re-enrolled in the Central Background Registry. (b) Is no longer an exempt prohibited individual if the sole basis for the status is a suspension as described in section (1) (d) or (e) of this rule and CCLD has withdrawn the suspension by final order. (c) May be enrolled in the Central Background Registry with a limited enrollment as defined by OAR 414-061-0020(27)(b) if meeting all requirements for a limited enrollment. (4) "Unlawful Care” means care provided by the following to a child not related to the person within the fourth degree of sanguinity as determined by civil law: (a) By a person who is not licensed or recorded when a license or record is required pursuant to ORS 320A.255, ORS 329A.280 or ORS 329A.330. (b) By an exempt prohibited individual as provided by ORS 329A.252(2)(b). (c) By a person who is not licensed or recorded when a license or record is required pursuant to ORS 320A.255, ORS 329A.280 or ORS 329A.330. (d) By a person enrolled in the CBR under a limited enrollment: (A) As defined in OAR 414-061-0020(25)(a) when the care violates a restriction or condition agreed to by the person; or (B) As defined in OAR 414-061-0020(25)(b) when providing care while having unsupervised access to a child care child who is not the child of the person. (e) In the home of a child, to children all from only one family in addition to children who reside with the person, or to no more than three children in addition to children who reside with the person, by an individual who is not enrolled in the CBR and was issued a founded or substantiated disposition for child abuse: (A) On or after January 1, 2017 involving a child who died or suffered serious injury as defined in ORS 161.015. (B) On or after September 1, 2019 and in the last seven years, when the founded or substantiated disposition of a child abuse or neglect report involved any child for whom the individual was providing care in the following settings: (i) In a licensed or license-exempt child care facility as defined in these rules; (ii) By a babysitter or other person in the home of the child; (iii) By a person related to the child within the fourth degree of sanguinity as determined by civil law; (iv) By a person who cares for children from only one family in addition to children who reside with the person; (v) By a person who cares for no more than three children in addition to any children who reside with the person; or (vi) By a person who is a member of the child’s extended family, as determined by CCLD on a case-by-case basis. (5) A person who has provided unlawful care as defined in these rules, including but not limited to unlawful care by an exempt prohibited individual, may be subject to a civil penalty of not more than $1,500 per violation. (a) CCLD may provide a warning rather than assess a civil penalty for a person’s first instance of providing unlawful care if CCLD determines the person was not aware that the care was unlawful care as described in section (4) of this rule or that a license was required. (b) The civil penalty assessed against a person determined by final order to have provided unlawful care on a single day will be $750 for the first instance of unlawful care for which a penalty is assessed. (c) Each additional day that person provides unlawful care is a separate violation for which CCLD may assess a civil penalty of not more than $1,500 for each day the person is determined by final order on default or after a contested case hearing to have provided unlawful care.