1. (1)    A provider may care for a maximum of 10 children. This includes:
   (a)    All child care children, as defined in OAR 414-210-0100(9);
   (b)    The provider’s own children, including foster children, age 9 years or younger;
   (c)    Any other children age 12 years or younger for whom the provider is responsible; and
   (d)    Any child(ren) age 17 years or younger, including the provider’s own children, foster children, child care children or other children for whom the provider is responsible, with special needs or disabilities who require a level of care that is above normal for the child’s age.
   (2)    Of the 10 children in care, a provider may care for:
   (a)    A maximum of six children preschool age or younger, of which only two children may be under 24 months of age.
   (b)    Four school-age children, in addition to the six children preschool-age or younger.
   (c)    More school-age children if there are fewer than six children preschool-age or younger, as long as there are no more than 10 children in the home at any one time.
   (3)    Other children, including but not limited to relatives, neighborhood children or friends of the provider's children, are included in the maximum number of 10 children allowed in care if present in the child care home during operating hours on a regular basis or if present on an occasional basis without being directly supervised by the child’s parent or other adult who is not also caring for child care children.
   (4)    No child younger than 6 weeks of age can be in care in a registered family child care home. This does not include the provider's child(ren).
   

Statutory/Other Authority

ORS 329A.260

Statutes/Other Implemented

ORS 329A.330

History

DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025