71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3659
LC 3479/HB 3659-3
HOUSE AMENDMENTS TO
HOUSE BILL 3659
By COMMITTEE ON GOVERNMENT EFFICIENCY
May 24
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and insert '417.815, 657A.280, 657A.290 and
657A.360'.
In line 3, delete '657A.360'.
Delete lines 5 through 28 and delete pages 2 through 4 and
insert:
' { + SECTION 1. + } ORS 657A.280 is amended to read:
' 657A.280. (1) No person shall operate a child care facility
caring for seven or more children without a certification for
such facility from the Child Care Division.
' (2) The Child Care Division shall adopt rules for the
certification of a group child care home caring for not more than
12 children. The rules shall be specifically adopted for the
regulation of certified child care facilities operated in a
facility constructed as a single-family dwelling. Notwithstanding
fire and other safety regulations, the rules that the Child Care
Division adopts for certified child care facilities shall set
standards that can be met without significant architectural
modification of a typical home. In adopting the rules, the Child
Care Division may consider and set limits according to factors
including the age of children in care, the ambulatory ability of
children in care, the number of the provider's children present,
the length of time a particular child is continuously cared for
and the total amount of time a particular child is cared for
within a given unit of time.
' (3) In addition to rules adopted for and applied to child
care facilities providing child care for not more than 12
children, the Child Care Division shall adopt and apply separate
rules appropriate for any child care facility that is a child
care center that cares for more than 12 children.
' { + (4) When adopting rules that apply to certified child
care facilities, the division shall make findings about how the
rules affect:
' (a) The affordability of child care;
' (b) The availability of child care to the public; and
' (c) The cost of operating certified child care
facilities. + }
' { - (4) - } { + (5) + } Any person seeking to operate a
child care facility may apply for a certification for such
facility from the Child Care Division { - , - } and receive a
certification upon meeting certification requirements.
' { + SECTION 2. + } { + Sections 3 and 6 of this 2001 Act
are added to and made a part of ORS 657A.250 to 657A.450. + }
' { + SECTION 3. + } { + (1) Prior to 180 days after the
effective date of this 2001 Act, the Child Care Division of the
Employment Department shall examine all of the rules of the
division relating to certified child care facilities that are
effective on the effective date of this 2001 Act. The examination
shall include completing the findings required by ORS 657A.280
(4) for each rule that the division determines should remain in
effect.
' (2) Prior to 180 days after the effective date of this 2001
Act, the division shall report to the interim legislative
committees on children and families. The report shall include:
' (a) A summary of the examination of the rules of the division
required by subsection (1) of this section; and
' (b) Recommendations about options for ensuring that child
care is affordable and available across the state. + }
' { + SECTION 4. + } ORS 657A.290 is amended to read:
' 657A.290. { + (1) + } A person applying for a certification
for a child care facility shall demonstrate to the satisfaction
of the Child Care Division that:
' { - (1) - } { + (a) + } 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) - } { + (b) + } The attitude of the person toward
children and understanding of their needs qualify the person to
care for children.
' { - (3) - } { + (c) + } The person is physically and
mentally capable of caring for children.
' { - (4) - } { + (d) + } 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) - } { + (A) + } Adequate staffing by suitable
persons qualified by education or experience to meet their
respective responsibilities in the care of children.
' { - (b) - } { + (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) - } { + (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) - } { + (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.
' { + (2) The minimum ratios of child care providers to
children for certified child care facilities are as follows:
' (a) For children who are 12 weeks to 12 months of age, one
child care provider to four children.
' (b) For children who are 12 months to 24 months of age, one
child care provider to five children.
' (c) For children who are 24 months to 30 months of age, one
child care provider to six children.
' (d) For children who are 30 months to 36 months of age, one
child care provider to seven children.
' (e) For children who are older than 36 months of age but who
do not attend kindergarten or a higher grade in school, one child
care provider to 10 children.
' (f) For children who attend kindergarten or a higher grade in
school, one child care provider to 15 children.
' (3) The maximum number of children in a group in a certified
child care facility is as follows:
' (a) For children who are 12 weeks to 12 months of age, eight
children.
' (b) For children who are 12 months to 24 months of age, 10
children.
' (c) For children who are 24 months to 30 months of age, 12
children.
' (d) For children who are 30 months to 36 months of age, 14
children.
' (e) For children who are older than 36 months of age but who
do not attend kindergarten or a higher grade in school, 20
children.
' (f) For children who attend kindergarten or a higher grade in
school, 30 children.
' (4) The division by rule may decrease the allowable number of
children per child care provider or decrease the allowable number
of children in a group below the limitations specified in
subsections (2) and (3) of this section if the division reports
to the Legislative Assembly before the rules become effective.
The report shall include the reasons for the decrease and the
findings of the division pursuant to ORS 657A.280 (4). + }
' { + SECTION 5. + } ORS 657A.360 is amended to read:
' 657A.360. (1) Upon deciding to deny, revoke, suspend or not
to renew a certification or registration, the Child Care Division
of the Employment Department shall give notice and opportunity
for hearing as provided in ORS 183.310 to 183.550. { + Upon
receipt of a notice under this section, a certified child care
facility may request a review under section 6 of this 2001
Act. + }
' (2) The Child Care Division shall make the final decision and
notice thereof shall be sent by certified mail to the address of
the child care facility as shown on the records of the division.
The decision of the division is reviewable by the Court of
Appeals in the manner provided in ORS 183.480 for the review of
orders in contested cases.
' { + SECTION 6. + } { + (1) A child care facility may make
a written request for a review of a decision of the Child Care
Division of the Employment Department to deny, revoke, suspend or
not to renew a certification of the child care facility.
' (2) Within 10 days after receiving a written request for
review, the division shall schedule a meeting that includes a
representative of the child care facility, the division certifier
of the facility and the certifier's supervisor. Each participant
at the meeting shall make an effort to resolve the grievance at
the meeting.
' (3) If the grievance is not resolved, the child care facility
may request the Children's Ombudsman to mediate a resolution
between the facility and the division.
' (4) Upon receipt of a request for mediation, the Children's
Ombudsman shall attempt to mediate a timely resolution between
the child care facility and the division. The parties shall
mediate in good faith. Either the facility or the division may
elect to terminate mediation by giving notice to the other party
and to the Children's Ombudsman.
' (5) After termination of mediation, the child care facility
may request a hearing from the division under ORS 183.310 to
183.550 and 657A.360.
' (6) Upon a request for a review under this section from a
child care facility for which the certification was denied,
revoked, suspended or not renewed based on a finding by the
division that the child care facility is endangering or is likely
to endanger the health or safety of children attending the
facility, the division may deny the request for the review and
instead proceed directly with a hearing under ORS 183.310 to
183.550 and 657A.360. + }
' { + SECTION 7. + } ORS 417.815 is amended to read:
' 417.815. (1) The Children's Ombudsman shall be accessible
through the state toll-free telephone line established pursuant
to ORS 417.805 and shall:
' (a) Initiate or participate in activities relating to
disseminating information on child sexual abuse detection,
prosecution, prevention and education.
' (b) Cooperate with the State Office for Services to Children
and Families and law enforcement officials in performing duties
under ORS 418.747 to 418.749 and 419B.005 to 419B.050 when the
investigation involves alleged child sexual abuse.
' (c) Assist the court appointed special advocate under ORS
419A.170 when the juvenile court proceedings involve a child
sexual abuse victim or a child as the alleged perpetrator of
child sexual abuse.
' (d) Provide technical assistance in the development and
implementation of state and local programs that relate to child
sexual abuse.
' (e) Collect and analyze data on child sexual abuse detection,
prosecution, prevention and education.
' { + (f) Conduct mediations between child care facilities
and the Child Care Division of the Employment Department pursuant
to section 6 of this 2001 Act. + }
' (2) If the Children's Ombudsman has knowledge of confidential
information relating to a child involved or allegedly involved in
child sexual abuse, such information shall remain confidential
from public disclosure. However, the ombudsman shall be subject
to legal mandates in ORS 418.747 to 418.749 and 419B.005 to
419B.050.
' { + SECTION 8. + } { + (1) During the 2001-2003 biennium,
the Commission for Child Care shall create a Task Force on
Financing Quality Child Care. The commission shall appoint the
members of the task force.
' (2) The task force shall:
' (a) Gather information about the availability of quality
child care in this state;
' (b) Develop recommendations about how quality child care
should fit within the statewide early childhood system created
under ORS 417.748;
' (c) Develop recommendations about how to provide financial
support for quality child care; and
' (d) Develop recommendations on long-term planning to provide
quality child care statewide as driven by local community needs.
' (3) The Director of the Employment Department may cause to be
employed such persons as are necessary for the performance of the
functions of the task force. The director shall fix the duties
and compensation of such employees.
' (4) Members of the Legislative Assembly who serve on the task
force shall be entitled to an allowance as authorized by ORS
171.072. Other members of the task force are entitled to
compensation and expenses under ORS 292.495. Claims for expenses
incurred in performing functions of the task force shall be paid
out of funds appropriated for that purpose.
' (5) All agencies, departments and officers of this state are
directed to assist the task force in the performance of its
functions and to furnish such information and advice as the
members of the task force consider necessary.
' (6) Official action by the task force shall require the
approval of a majority of the members of the task force. All
legislation recommended by official action of the task force must
indicate that it is introduced at the request of the task force.
Such legislation shall be prepared in time for presession filing
pursuant to ORS 171.130.
' (7) The task force shall report its findings and
recommendations to the interim legislative committees with
responsibility for matters relating to children and families not
later than October 1, 2002. + }
' { + SECTION 9. + } { + Section 6 of this 2001 Act and the
amendments to ORS 417.815, 657A.290 and 657A.360 by sections 4, 5
and 7 of this 2001 Act become operative 90 days after the
effective date of this 2001 Act. + }
' { + SECTION 10. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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