71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1460
House Bill 2963
Sponsored by Representatives MERKLEY, KRUMMEL; Representatives
BARNHART, HANSEN, HILL, LEE, RINGO, TOMEI, V WALKER, WINTERS,
WITT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires persons operating registered or certified child care
facilities to store firearms in locked container, locked room,
locked closet or other locked area. Provides exception for person
holding concealed handgun license.
A BILL FOR AN ACT
Relating to child care facilities; creating new provisions; and
amending ORS 657A.290 and 657A.330.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS 657A.250 to 657A.450. + }
SECTION 2. { + (1) For purposes of this section, 'firearm' has
the meaning given that term in ORS 166.210.
(2) A person operating a child care facility shall have, when
children are present, all firearms on the premises stored in a:
(a) Securely locked container; or
(b) Locked room, locked closet or other locked area that a
reasonable person would believe to be secure.
(3) This section does not apply to a person holding a concealed
handgun license issued under ORS 166.291 and 166.292. + }
SECTION 3. ORS 657A.290 is amended to read:
657A.290. A person applying for a certification for a child
care facility shall demonstrate to the satisfaction of the Child
Care Division that:
(1) The moral character and habits of the person will not
endanger the well-being of children for whom the person is to
provide care.
(2) The attitude of the person toward children and
understanding of their needs qualify the person to care for
children.
(3) The person is physically and mentally capable of caring for
children.
(4) The facility and its operation are adequate to protect the
health, the safety and the physical, moral and mental well-being
of the children to be cared for in the facility, including but
not limited to:
(a) Adequate staffing by suitable persons qualified by
education or experience to meet their respective responsibilities
in the care of children.
(b) Adequate physical facilities for the care of children, such
as building construction, sanitation, plumbing, heating,
lighting, ventilation, maintenance, indoor and outdoor activity
areas and fire protection.
(c) A program of activities conforming to recognized practices
in the areas of child welfare, education and physical and mental
health to provide opportunity for development and recreation.
(d) Exclusion from the facility of individuals whose presence
may be detrimental to the welfare of children, including
exclusion of any individual with a criminal record indicating
conviction of any crime which would bar the individual from
operating or being employed in a child care facility under ORS
657A.260.
{ + (5) The person will be in compliance with section 2 of
this 2001 Act. + }
SECTION 4. ORS 657A.330 is amended to read:
657A.330. (1) A provider operating a family child care home
where care is provided in the family living quarters of the
provider's home that is not subject to the certification
requirements of ORS 657A.280 may not operate a child care
facility without registering with the Child Care Division of the
Employment Department.
(2) A child care facility holding a registration may care for a
maximum of 10 children younger than 13 years of age, including
the provider's own children. Of the 10 children:
(a) No more than six may be younger than school age; and
(b) No more than two may be 24 months of age or younger.
(3)(a) To obtain a registration, a provider must apply to the
Child Care Division by submitting a completed application work
sheet and a nonrefundable fee. The fee shall vary according to
the number of children for which the facility is requesting to be
registered, and shall be determined and applied through rules
adopted by the division pursuant to ORS 657A.275. The fee shall
be deposited as provided in ORS 657A.310 (2). The division may
waive any or all of the fee if the division determines that
imposition of the fee would impose a hardship on the provider.
(b) Upon receipt of an initial application satisfactory to the
division, the division shall conduct an on-site review of the
child care facility under this section. The on-site review shall
be conducted within 30 days of the receipt of a satisfactory
application.
(4) The division shall issue a registration to a provider
operating a family child care home if:
(a) The provider has completed a child care overview class
administered by the division;
(b) The provider has completed two hours of training on child
abuse and neglect issues;
(c) The provider is currently certified in infant and child
first aid and cardiopulmonary resuscitation;
(d) The provider is certified as a food handler pursuant to ORS
624.570; { - and - }
(e) The division determines that the application meets the
requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450
and the rules promulgated pursuant thereto, and receives a
satisfactory records check, including criminal offender
information and protective services records { + ; and
(f) The provider can demonstrate that the provider will be in
compliance with section 2 of this 2001 Act + }.
(5) Unless the registration is revoked as provided in ORS
657A.350, the registration is valid for a period of two years
from the date of issuance. The division may renew a registration
of a provider operating a family child care home if the provider:
(a) Is currently certified in infant and child first aid and
cardiopulmonary resuscitation;
(b) Has completed a minimum of eight hours of training related
to child care during the most recent certification period;
{ - and - }
(c) Is certified as a food handler pursuant to ORS
624.570 { + ; and
(d) Is in compliance with section 2 of this 2001 Act + }.
(6) A registration authorizes operation of the facility only on
the premises described in the registration and only by the person
named in the registration.
(7) The division shall adopt rules:
(a) Creating the application work sheet required under
subsection (3) of this section;
(b) Defining full-time and part-time care;
(c) Establishing under what circumstances the adult to child
ratio requirements may be temporarily waived; and
(d) Establishing health and safety procedures and standards on:
(A) The number and type of toilets and sinks available to
children;
(B) Availability of steps or blocks for use by children;
(C) Room temperature;
(D) Lighting of rooms occupied by children;
(E) Glass panels on doors;
(F) Condition of floors;
(G) Availability of emergency telephone numbers; and
(H) Smoking.
(8) The division shall adopt the application work sheet
required by subsection (3) of this section. The work sheet must
include, but need not be limited to, the following:
(a) The number and ages of the children to be cared for at the
facility; and
(b) The health and safety procedures in place and followed at
the facility.
(9) The division, upon good cause shown, may waive one or more
of the registration requirements. The division may waive a
requirement only if appropriate conditions or safeguards are
imposed to protect the welfare of the children and the consumer
interests of the parents of the children. The division may not
waive the on-site review requirement for applicants applying for
an initial registration.
(10) The division, by rule, shall develop a list of recommended
standards consistent with standards established by professional
organizations regarding child care programs for child care
facilities. Compliance with the standards is not required for a
registration, but the division shall encourage voluntary
compliance and shall provide technical assistance to a child care
facility attempting to comply with the standards. The child care
facility shall distribute the list of recommended minimum
standards to the parents of all children cared for at the
facility.
(11) In adopting rules relating to registration, the division
shall consult with the appropriate legislative committee in
developing the rules to be adopted. If the rules are being
adopted during a period when the Legislative Assembly is not in
session, the division shall consult with the appropriate interim
legislative committee.
(12) A person who violates this section is subject to a civil
penalty not to exceed $100. The Child Care Division may impose
the civil penalty for violation of any of the terms or conditions
of a registration.
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