Department of Early Learning and Care
Chapter 414
Division 350
CERTIFIED FAMILY CHILD CARE HOMES
414-350-0250
Transportation
When transportation is provided by or arranged for by the certified family child care home, the following requirements must be met.
(1) Drivers shall be at least 18 years of age and hold a current driver's license.
(2) The vehicle shall be:
(a) In compliance with all applicable state and local motor vehicle laws, and
(b) Maintained in a safe operating condition.
(3) If transportation is provided between the certified family child care home and the child's school or other destination, the provider shall have in writing an acknowledgment from the parent(s) that they are aware of the time of day their child is to be picked up and/or delivered by the provider. If the pick-up schedule results in children being unsupervised at school or other location, the provider shall notify parents of this fact.
(4) When transporting children:
(a) The emergency information for each child who is being transported shall be in the vehicle.
(b) Children shall be transported only in sections of vehicles designed for and equipped to carry passengers.
(c) A seat that fully supports the passenger shall be provided for each child.
(d) The number of children transported shall not exceed the number of seat belts or child safety systems available in the vehicle.
(e) All children shall be transported in accordance with ORS 811.210. The child safety system and safety belts shall comply with ORS 815.055 and the standards adopted by the Oregon Department of Transportation. A child under four years of age and weighing 40 pounds or less shall be in an approved child safety system. A child between the ages of 4 and 6 years AND children who weigh between 40 and 60 pounds, regardless of age, must use a booster seat.
(f) Staff/child ratios, as specified in OAR 414-350-0120, shall be maintained in vehicles, as well as in the certified family child care home, when one caregiver is transporting children.
(g) Infants, toddlers, and preschool age children shall leave the vehicle on the same side of the street as the building they will enter.
(h) Drivers delivering children to their homes shall not depart until the child has been received by an authorized person.
(i) No child shall be left unattended inside or outside a vehicle.
(j) If firearms and ammunition are stored in a vehicle, they must be stored as specified in OAR 414-350-0170(10)(d).
(5) The following vehicles may be used to transport child care children:
(a) A vehicle manufactured to carry fewer than ten passengers;
(b) A school bus or a multi-function school activity bus;
(c) A vehicle manufactured to carry ten or more passengers that was manufactured in 2010 or after; or
(d) A vehicle manufactured to carry ten or more passengers that was manufactured before 2010, with the following conditions:
(A) Travel speed may not exceed 50 mph; and
(B) The vehicle must have an annual safety inspection by a garage, dealership or auto repair shop. Proof of inspection must be on the form provided by the Child Care Licensing Division or on a form provided by the inspector which contains the same information.
Statutory/Other Authority: ORS 329A.250 – 329A.450 & ORS 326.425
Statutes/Other Implemented: ORS 329A.250 – 329A.450
History:
DELC 138-2023, amend filed 12/06/2023, effective 01/01/2024
ELD 7-2017, f. & cert. ef. 6-27-17
ELD 4-2017, f. & cert. ef. 3-27-17
ELD 4-2016(Temp), f. & cert. ef. 9-29-16 thru 3-27-17
Reverted to CCD 3-2006, f. & cert. ef. 6-13-06
CCD 4-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 3-2006, f. & cert. ef. 6-13-06
CCD 6-2005(Temp), f. 12-29-05, cert. ef. 1-1-06 thru 6-29-06
CCD 3-2002, f. 10-14-02, cert. ef. 10-15-02
CCD 1-1995, f. 10-30-95, cert. ef. 11-1-95
CSD 11-1994, f. & cert. ef. 5-23-94
CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 412-010-0776
CSD 12-1988, f. 6-29-88, cert. ef. 7-1-88