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 1088
Senate Bill 411
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 civil penalty Child Care Division of Employment
Department may impose on registered child care facility.
A BILL FOR AN ACT
Relating to penalties for violations of regulations by child care
facilities; amending ORS 657A.330.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
(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) 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 { + per occurrence + }. 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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