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 669
Senate Bill 363
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Employment Department)
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.
Modifies provisions relating to registration and certification
of child care facilities, complaints about child care facilities
and inspections of certified child care facilities.
A BILL FOR AN ACT
Relating to regulation of child care providers by the Child Care
Division; amending ORS 307.145, 657A.030, 657A.250, 657A.270,
657A.275, 657A.280, 657A.290, 657A.300, 657A.330, 657A.390 and
657A.400.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 657A.030 is amended to read:
657A.030. (1) The Child Care Division of the Employment
Department shall establish a Criminal History Registry.
(2) All subject individuals shall be enrolled in the Criminal
History Registry established by the division.
(3) Upon receiving an application for enrollment in the
Criminal History Registry, the division shall complete a criminal
records check pursuant to ORS 181.537 and shall complete a child
protective services records check with the State Office for
Services to Children and Families. The division shall enroll the
individual in the registry if the individual:
(a) Is determined to have no criminal or child protective
services history or to have dealt with the issues and provided
adequate evidence of suitability for the registry;
(b) Has paid the applicable fee established pursuant to ORS
657A.275; and
(c) Has complied with the rules of the division adopted
pursuant to this section.
(4) The division may conditionally enroll an individual in the
registry pending the results of a nationwide criminal records
check through the Federal Bureau of Investigation if the
individual has met other requirements of the division for
enrollment in the registry.
(5) An enrollment in the Criminal History Registry shall expire
two years from the date of enrollment and may be renewed upon
application to the division, payment of the fee established
pursuant to ORS 657A.275 and compliance with rules adopted by the
division pursuant to this section. However, an individual who is
determined to be ineligible for enrollment in the registry after
the date of initial enrollment shall be removed from the registry
by the division.
(6)(a) A child care facility shall not hire or employ an
individual if the individual is not enrolled in the Criminal
History Registry.
(b) Notwithstanding paragraph (a) of this subsection, a child
care facility may employ on a probationary basis an individual
who is conditionally enrolled in the Criminal History Registry.
(7) The division may adopt any rules necessary to carry out the
purposes of this section and the criminal records check program.
(8) For purposes of this section, 'subject individual ' means a
subject individual as defined by the division by rule or a person
who applies to be:
(a) The operator or an employee of a child care { - or
treatment - } program;
(b) The operator or an employee of an Oregon prekindergarten
program or parent-as-teacher program under ORS 329.170 to
329.200;
(c) The operator or an employee of a federal Head Start program
regulated by the United States Department of Health and Human
Services;
(d) An individual in a child care facility who may have
unsupervised contact with children as identified by the division;
(e) A contractor or an employee of the contractor who provides
early childhood special education or early intervention services
pursuant to ORS 343.455 to 343.534; or
(f) A child care provider who is required to be enrolled in the
Criminal History Registry by any state agency.
SECTION 2. 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 that is primarily educational,
unless provided to a preschool child for more than four hours a
day.
(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 operated by a { + public + } 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 - } { + infrequently or
sporadically, including but not limited to care that is provided
during summer or other holiday breaks when children are not
attending school, but not to exceed 70 calendar days in a
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 3. ORS 657A.270 is amended to read:
657A.270. (1) A certification or registration authorized by ORS
657A.030 and 657A.250 to 657A.450 and issued to a child care
facility may be renewed upon submission of an application and
payment of the required fee not later than { - 30 - }
{ + 45 + } days prior to the expiration date of the current
certification or registration, if the Child Care Division of the
Employment Department finds that the child care facility that is
seeking renewal of the certification or registration is in
compliance with the requirements of ORS 181.537, 657A.030 and
657A.250 to 657A.450 and the rules promulgated pursuant thereto.
(2) Upon submission of an application for renewal in proper
time, manner and form, and payment of the required fee, the
current certification or registration, unless officially revoked,
shall remain in force until the Child Care Division has acted on
the application for renewal and has given notice of the action
taken.
SECTION 4. ORS 657A.275 is amended to read:
657A.275. (1) Subject to prior approval of the Oregon
Department of Administrative Services and a report to the
Legislative Assembly prior to adopting the fees and charges, the
fees and charges established under ORS 181.537, 657A.030 and
657A.250 to 657A.450 shall not exceed the cost of administering
the program of the Child Care Division of the Employment
Department pertaining to the purpose for which the fee is
established, as authorized by the Legislative Assembly within the
budget of the division.
(2) Notwithstanding subsection (1) of this section and any
other provision of this chapter, the following fees established
by the division under ORS 657A.030 and 657A.250 to 657A.450 shall
not exceed:
(a) For Group Child Care Home Initial Certification, $25;
(b) For Group Child Care Home Annual Fee Per Certified Space,
$2;
(c) For Child Care Center Initial Certification, $100;
(d) For Child Care Center Annual Fee Per Certified Space, $2;
(e) For Family Child Care Home Initial { + and Renewal + }
Registration, $30;
(f) For administering a class on child { - care - } abuse
and neglect issues, $10; and
(g) For enrollment in the Criminal History Registry, the cost
of administering the program, including fees for:
(A) Duplicate enrollment in the Criminal History Registry;
(B) Law Enforcement Data System criminal records check; and
(C) Federal Bureau of Investigation fingerprint check.
SECTION 5. ORS 657A.280 is amended to read:
657A.280. (1) No person shall operate a child care facility
caring for seven or more children { + at one time who are
younger than school age + } 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) 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 6. 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) + } A criminal record indicating conviction of any crime
{ - which - } { + that + } would bar the individual from
{ + enrollment in the Criminal History Registry under ORS
657A.030 or + }operating or being employed in a child care
facility under ORS 657A.260 { + ; or
(B) A child protective services record that would bar the
individual from enrollment in the Criminal History Registry under
ORS 657A.030 or operating or being employed in a child care
facility under ORS 657A.260 + }.
SECTION 7. ORS 657A.300 is amended to read:
657A.300. (1) Upon receipt of an application for a
certification, accompanied by the required fee, the Child Care
Division shall issue a certification if the division finds that
the child care facility and its operations are in compliance with
the requirements of ORS 181.537, 657A.030 and 657A.250 to
657A.450 and the rules promulgated pursuant thereto.
(2) The Child Care Division may issue a temporary
certification, subject to reasonable terms and conditions, for a
period not longer than 180 days to a child care facility that
does not comply with the requirements and rules if the division
finds that the health and safety of any child will not be
endangered thereby. { - Not more than one temporary
certification shall be issued for the same child care facility in
any 12-month period. - } { + A child care facility may not
operate under a temporary certification for more than 180 days in
any 12-month period. + }
(3) The Child Care Division shall serve as the state agency
authorized, upon request, to certify compliance with applicable
federal child care standards or requirements by any facility
providing child care in the state.
SECTION 8. 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 { + and upon satisfactory completion of the records
check described in ORS 657A.030 + }, 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 { + and satisfactory
records check + }.
(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 - } .
(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.
(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) - } { + (10) + } 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) - } { + (11) + } 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.
SECTION 9. ORS 657A.390 is amended to read:
657A.390. (1) Whenever an authorized representative of the
Child Care Division is advised or has reason to believe that
child care that is subject to regulation by the division is being
provided without a certification or registration, the authorized
representative may visit and conduct an on-site investigation of
the premises of the facility at any reasonable time to determine
whether the facility is subject to the requirements of ORS
181.537, 657A.030 and 657A.250 to 657A.450.
(2) At any reasonable time, an authorized representative of the
Child Care Division may conduct an on-site investigation of the
premises of any certified or registered child care facility to
determine whether the child care facility is in conformity with
ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the rules
promulgated pursuant thereto.
(3) An authorized representative of the Child Care Division
shall conduct an on-site investigation of the premises of any
certified or registered child care facility or of any other child
care facility that is subject to regulation by the division if
the division receives a serious complaint about the child care
facility. The division, by rule, shall adopt a definition for '
serious complaint. '
(4) Any state agency that receives a complaint about a
certified or registered child care facility shall notify the
Child Care Division about the complaint and any subsequent action
taken by the state agency based on that complaint.
(5) The director and operator of a child care facility shall
permit an authorized representative of the division to inspect
records of the facility and shall furnish promptly reports and
information required by the division.
{ + (6)(a) Notwithstanding ORS 192.410 to 192.505, the name,
address and other identifying information about a person who
makes an oral or written report or complaint about a child care
facility or provider to the Child Care Division are confidential
and not accessible for public inspection.
(b) Notwithstanding paragraph (a) of this subsection, the Child
Care Division may make report or complaint information available
to the Adult and Family Services Division, State Office for
Services to Children and Families and law enforcement agencies.
The Child Care Division may also make this information available
to an administrative hearings officer, court or other entity if
the Child Care Division determines that such disclosure is
necessary to carry out the division's responsibilities. + }
SECTION 10. ORS 657A.400 is amended to read:
657A.400. (1) An authorized representative of the Health
Division may inspect the premises of a child care facility
{ - caring for seven or more children - } to determine whether
the facility is in conformity with applicable laws and
regulations relating to health and sanitation.
(2) An authorized representative of the Health Division shall
inspect any child care facility when requested to do so by the
Child Care Division in accordance with arrangements under ORS
657A.420 and shall submit written findings to the Child Care
Division. { + A local health department or the Health Division
shall conduct inspections requested under this subsection
directly or through a contract with a registered sanitarian. + }
The Child Care Division shall not issue or renew any
certification for any child care facility for which an inspection
{ - by the Health Division - } has been requested unless an
authorized representative of the Health Division submits a
written finding that the facility is in compliance with
applicable laws and regulations relating to health and
sanitation.
{ - (3) A sanitarian's inspection may be performed by a
private consultant so long as the consultant is registered under
ORS chapter 700. - }
SECTION 11. ORS 307.145 is amended to read:
307.145. (1) If not otherwise exempt by law, upon compliance
with ORS 307.162, the child care facilities, schools, academies
and student housing accommodations, owned or being purchased by
incorporated eleemosynary institutions or by incorporated
religious organizations, used exclusively by such institutions or
organizations for or in immediate connection with educational
purposes, are exempt from taxation.
(2) Property described in subsection (1) of this section which
is exclusively for or in the immediate connection with
educational purposes shall continue to be exempt when leased to a
political subdivision of the State of Oregon, or to another
incorporated eleemosynary institution or incorporated religious
organization for an amount not to exceed the cost of repairs,
maintenance and upkeep.
(3)(a) As used in this section, 'child care facility' means a
facility certified by the Child Care Division of the Employment
Department under ORS 657A.280 to provide educational child care
for seven or more children { + at one time who are younger than
school age + }.
(b) Before an exemption for a child care facility is allowed
under this section, in addition to any other information required
under ORS 307.162, the statement shall:
(A) Describe the property and declare or be accompanied by
proof that the corporation is an eleemosynary institution or
religious organization.
(B) Declare or be accompanied by proof that the division has
issued the facility a certification to provide educational child
care for seven or more children.
(C) Be signed by the taxpayer subject to the penalties for
false swearing.
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