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 3479
House Bill 3659
Sponsored by Representatives KRUMMEL, PATRIDGE (at the request of
Oregon Parents for Affordable Child Care)
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.
Creates Child Care Review Board to hear appeals from child care
facilities of decisions of Child Care Division. Includes
facilities providing educational services to preschool children
in definition of child care facility for purposes of registration
and certification laws. Specifies that laws of other agencies
relating to health and safety prevail over rules of division.
Specifies that public record of child care facility may only
contain records that are found to be true and are not anonymous.
Provides exceptions.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to child care; creating new provisions; amending ORS
657A.250, 657A.280, 657A.350 and 657A.360; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 657A.250 is amended to read:
657A.250. As used in ORS 657A.030 and 657A.250 to 657A.450,
unless the context requires otherwise:
(1) 'Babysitter' means a person who goes into the home of a
child to give care during the temporary absence of the parent or
legal guardian or custodian.
(2) 'Certification' means the certification that is issued by
the Child Care Division to a group child care home, child care
center or other child care facility pursuant to ORS 657A.280.
(3) 'Child' means a child under 13 years of age.
(4) Subject to ORS 657A.440, 'child care' means the care,
supervision and guidance on a regular basis of a child,
unaccompanied by a parent, guardian or custodian, provided to a
child during a part of the 24 hours of the day, in a place other
than the child's home, with or without compensation. 'Child care'
does not include care provided:
(a) In the home of the child;
(b) By the child's parent, guardian, or person acting in loco
parentis;
(c) By a person related to the child by blood or marriage
within the fourth degree as determined by civil law;
(d) On an occasional basis by a person not ordinarily engaged
in providing child care;
(e) By providers of medical services;
(f) By a babysitter;
(g) By a person who cares for children from only one family
other than the person's own family; or
(h) By a person who cares for no more than three children other
than the person's own children.
(5) 'Child care facility' means any facility that provides
child care to children, including a day nursery, nursery school
group, group child care home, child care center, family child
care home or similar unit operating under any name, but not
including any:
(a) Facility providing { - care - } { + services + } that
{ - is - } { + are + } primarily educational { - , unless
provided to a preschool child for more than four hours a day - }
{ + to children who are five years of age or older + }.
(b) Facility providing care that is primarily supervised
training in a specific subject, including but not limited to
dancing, drama, music or religion.
(c) Facility providing care that is primarily an incident of
group athletic or social activities sponsored by or under the
supervision of an organized club or hobby group.
(d) Facility { + providing services that are primarily
educational + } operated by a school district as defined in ORS
332.002, political subdivision of this state or a governmental
agency.
(e) Residential facility licensed under ORS 443.400 to 443.455.
(f) Babysitters.
(6) 'Division' means the Child Care Division of the Employment
Department.
(7) 'Family' has the meaning given that term in ORS 329.145.
(8) 'Occasional' means that care is provided for no more than
70 days in any calendar year.
(9) 'Registration' means the registration that is issued by the
Child Care Division to a family child care home where care is
provided in the family living quarters of the provider's home
pursuant to ORS 657A.330.
(10) 'School age' means of an age eligible to be enrolled in
the first grade or above and, during the months of summer
vacation from school, means of an age eligible to be enrolled in
first grade or above in the next school year.
SECTION 2. 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)(a) Notwithstanding subsection (3) of this section,
statutes, regulations and rules relating to fire, health,
sanitation or building codes adopted by other governmental
agencies shall supersede any rules adopted by the Child Care
Division under subsection (3) of this section if the statute,
regulation or rule:
(A) Conflicts with the Child Care Division rule; and
(B) Applies to child care facilities.
(b) The Child Care Division may not require a child care
facility to comply with a rule of the division that conflicts
with a statute, regulation or rule of another governmental agency
as described in paragraph (a) of this subsection. + }
{ - (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 3. ORS 657A.350 is amended to read:
657A.350. An initial application from a child care facility for
certification or registration or a renewal application from a
child care facility for certification or registration may be
denied, or a temporary or regular certification or regular
registration may be revoked or suspended, if the Child Care
Division of the Employment Department finds:
(1) That the facility or its operation does not comply
with { + a specific provision of + } ORS 181.537, 657A.030 and
657A.250 to 657A.450 or with { - applicable rules or with any
term or condition imposed under the certification or
registration - } { + a specific rule + }; or
(2) That visitation, on-site review or inspection of a facility
or its records authorized by ORS 657A.390 or 657A.400 has not
been permitted.
SECTION 4. 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
{ + mediation or a + } hearing as provided in { - ORS 183.310
to 183.550 - } { + this section + }. { +
(2) A child care facility may appeal a decision of the division
to the Child Care Review Board. Upon receipt of an appeal, the
administrator of the board shall attempt to mediate a resolution.
If the division and the child care facility are unable to reach a
resolution through mediation, the child care facility may request
a hearing from the board.
(3) Upon request for a hearing, the chairperson of the board
shall appoint a three person panel from the board to conduct a
hearing as provided in ORS 183.310 to 183.550. A member of the
panel may not be an owner or employee of the child care facility
that is the subject of the hearing. + }
{ - (2) - } { + (4) + } { - The Child Care Division - }
{ + The panel + }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 - } { + panel + } is reviewable
by the Court of Appeals in the manner provided in ORS 183.480 for
the review of orders in contested cases. { +
(5) The panel may charge a child care facility the reasonable
costs associated with the hearing if the child care facility is
not the prevailing party in the hearing. + }
SECTION 5. { + Sections 6 to 10 of this 2001 Act are added to
and made a part of ORS 657A.250 to 657A.450. + }
SECTION 6. { + (1) There is established a Child Care Review
Board consisting of nine members appointed by the Commission for
Child Care. Each member shall be an owner or employee of a
licensed or registered child care facility. In making
appointments the commission shall appoint representatives from a
variety of types of child care facilities.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the commission. Before the
expiration of the term of a member, the commission shall appoint
a successor whose term begins on July 1 next following. A member
is eligible for reappointment. If there is a vacancy for any
cause, the commission shall make an appointment to become
immediately effective for the unexpired term.
(3) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
(4) The state court administrator shall provide staff to the
board. + }
SECTION 7. { + Notwithstanding the term of office specified by
section 6 of this 2001 Act, of the members first appointed to the
Child Care Review Board:
(1) Three shall serve for terms ending June 30, 2003.
(2) Three shall serve for terms ending June 30, 2004.
(3) Three shall serve for terms ending June 30, 2005. + }
SECTION 8. { + (1) The Child Care Review Board shall select
one of its members as chairperson and another as vice
chairperson, for such terms and with duties and powers necessary
for the performance of the functions of such offices as the board
determines.
(2) Except as otherwise specifically provided, a majority of
the members of the board constitutes a quorum for the transaction
of business.
(3) The board shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
board. + }
SECTION 9. { + In accordance with applicable provisions of ORS
183.310 to 183.550, the Child Care Review Board may adopt rules
necessary for the administration of the laws that the board is
charged with administering. + }
SECTION 10. { + (1) The public record of a child care facility
maintained by the Child Care Division may only contain records or
complaints about a child care facility that:
(a) The child care facility has admitted to be true;
(b) Have been found to be true by the division and the decision
of the division has not been overturned by a panel of the Child
Care Review Board or a court;
(c) Have been found to be true by a panel of the board and the
decision of the panel has not been overturned by a court; or
(d) Have been found to be true by a court or state agency other
than the division.
(2) Notwithstanding subsection (1) of this section, an
anonymous complaint against a child care facility may not be part
of the public record of the child care facility unless the
complaint:
(a) Was filed by a parent of a child at the facility; or
(b) Was filed as part of a report of child abuse under ORS
419B.010.
(3) A child care facility may challenge the validity of a
public record of the facility maintained by the division with the
Child Care Review Board. Upon receipt of a challenge, the board
shall follow the same procedure as for an appeal under ORS
657A.360. + }
SECTION 11. { + Sections 6 to 10 of this 2001 Act and the
amendments to ORS 657A.250, 657A.280, 657A.350 and 657A.360 by
sections 1 to 4 of this 2001 Act become operative 90 days after
the effective date of this 2001 Act. + }
SECTION 12. { + 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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