72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 678
B-Engrossed
House Bill 2191
Ordered by the Senate May 8
Including House Amendments dated April 8 and Senate Amendments
dated May 8
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski 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.
Includes Employment Department in development of voluntary
statewide early childhood system. Adds Director of Employment
Department or, at Governor's direction, chairperson of Commission
for Child Care to State Commission on Children and Families.
Involves local child care resource and referral agencies in work
of local commissions on children and families. Expands definition
of child for purposes of certifying and registering child care
facilities to include certain special needs or disabled children
under 18 years of age. Excludes certain facilities and parent
cooperatives from requirements for child care facilities.
Modifies definition of child care facility.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to child care; amending ORS 307.145, 417.305, 417.728,
417.730, 417.735, 417.775, 417.777, 430.590, 657A.180,
657A.250, 657A.275, 657A.280, 657A.330, 657A.400 and 657A.440;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 417.305 is amended to read:
417.305. (1) The Legislative Assembly finds and declares that:
(a) Children are our future;
(b) Healthy children and families are of fundamental importance
to the vitality of Oregon;
(c) Children are entitled to safety and health;
(d) All children deserve love, respect and guidelines for
responsible behavior;
(e) Families should be supported and strengthened;
(f) Communities provide the context for healthy children and
families, and strong families and healthy communities are
interdependent; and
(g) Economic opportunity and social cohesion are essential for
healthy communities.
(2) The Legislative Assembly recognizes that demands on
families, created in part by changes in family structures and
relationships, intensify the need for Oregon to support children
and families toward the goals of family stability and broader
access for children, youth and families to:
(a) The best possible physical and mental health;
(b) Adequate food and safe physical shelter;
(c) A safe and healthy environment;
{ + (d) The highest quality child care; + }
{ - (d) - } { + (e) + } The highest quality of educational
opportunity;
{ - (e) - } { + (f) + } Quality education;
{ - (f) - } { + (g) + } Effective training, apprenticeship
and productive employment;
{ - (g) - } { + (h) + } A range of civic, cultural,
educational, family support and positive youth development
programs and activities that promote self-esteem, involvement and
a sense of community;
{ - (h) - } { + (i) + } Community services that are
efficient, coordinated and readily available; and
{ - (i) - } { + (j) + } Genuine participation in decisions
concerning the planning and managing of their lives and respect
for such decisions.
(3) In the interest of { - assuring - } { + ensuring + }
coordination of all children and family services and education
programs provided by or funded by the state and the effective use
of state resources, the state shall:
(a) Develop a plan for appropriating adequate funds;
(b) Develop a cooperative partnership among state agencies that
serve children, youth and families;
(c) Establish state priorities; develop and implement service
standards that reflect a balanced and comprehensive range of
services for all children, youth and families; monitor and
evaluate services and ensure accessibility of services for all
children, youth and families; and
(d) Actively seek the advice of local governmental
jurisdictions, providers of services, educators, the private
business sector, citizens and youth in effecting this subsection.
(4) The Legislative Assembly finds that, in order to fulfill
the purposes of this section, service delivery systems for
children and families shall include:
(a) Cooperative partnerships among state agencies that serve
children, youth and families;
(b) Methods of accountability to measure effectiveness of
state-funded programs; and
(c) Use of public resources for programs and services that move
the state toward meeting the goals described in subsection (2) of
this section.
SECTION 2. ORS 417.728 is amended to read:
417.728. (1) The State Commission on Children and Families, the
Department of Education { + , the Employment Department + } and
the Department of Human Services shall lead a joint effort with
other state and local early childhood partners to establish the
policies necessary for a voluntary statewide early childhood
system that shall be incorporated into the local coordinated
comprehensive plan.
(2) The voluntary statewide early childhood system shall be
designed to achieve:
(a) The appropriate early childhood benchmarks jointly
identified by the State Commission on Children and Families, the
Department of Education { + , the Employment Department + } and
the Department of Human Services, with input from early childhood
partners, as the appropriate benchmarks; and
(b) Any other early childhood benchmark or intermediate outcome
jointly identified by the State Commission on Children and
Families, the Department of Education { + , the Employment
Department + } and the Department of Human Services, with input
from early childhood partners, as an appropriate benchmark or
outcome.
(3) The voluntary statewide early childhood system shall
include the following components:
(a) A process to identify as early as possible children and
families who would benefit from early childhood services;
(b) A plan to support the identified needs of the child and
family that coordinates case management personnel and the
delivery of services to the child and family; and
(c) Services to support children who are zero through eight
years of age and their families who give their express written
consent, including:
(A) Screening, assessment and home visiting services pursuant
to ORS 417.795;
(B) Specialized or targeted home visiting services;
(C) Community-based services such as relief nurseries, family
support programs and parent education programs;
(D) High quality child care { + , as defined by the Commission
for Child Care + };
(E) Preschool and other early education services;
(F) Health services for children and pregnant women;
(G) Mental health services;
(H) Alcohol and drug treatment programs;
(I) Developmental disability services; and
(J) Other state and local services.
(4) The State Commission on Children and Families, the
Department of Education { + , the Employment Department + } and
the Department of Human Services shall jointly:
(a) Consolidate administrative functions relating to the
voluntary statewide early childhood system, to the extent
practicable, including but not limited to training and technical
assistance, planning and budgeting. This paragraph does not apply
to the administrative functions of the Department of Education
relating to education programs;
(b) Adopt policies to establish training and technical
assistance programs to ensure that personnel have skills in
appropriate areas, including screening, family assessment,
competency-based home visiting skills, cultural and gender
differences and other areas as needed;
(c) Identify research-based age-appropriate and culturally and
gender appropriate screening and assessment tools that would be
used as appropriate in programs and services of the voluntary
statewide early childhood system;
(d) Develop a plan for the implementation of a common data
system for voluntary early childhood programs as provided in
section 7, chapter 831, Oregon Laws 2001;
(e) Coordinate existing and new early childhood programs to
provide a range of community-based supports;
(f) Establish a common set of quality assurance standards to
guide local implementation of all elements of the voluntary
statewide early childhood system, including voluntary universal
screening and assessment, home visiting, staffing, evaluation and
community-based services;
(g) Ensure that all plans for voluntary early childhood
services are coordinated and consistent with federal and state
law, including but not limited to plans for Oregon
prekindergarten programs, federal Head Start programs, early
childhood special education services, early intervention services
and public health services;
(h) Identify how the voluntary statewide early childhood system
for children who are zero through eight years of age will link
with systems of support for older children and their families;
(i) Contract for an evaluation of the outcomes of the voluntary
statewide early childhood system; and
(j) During January of each odd-numbered year, report to the
Governor and the Legislative Assembly on the voluntary statewide
early childhood system. The report shall include the evaluation
described in paragraph (i) of this subsection.
(5) The State Commission on Children and Families, the State
Board of Education { + , the Employment Department + } and the
Department of Human Services when adopting rules to administer
voluntary early childhood programs under their individual
authority shall adopt rules that are consistent with the
requirements of the voluntary statewide early childhood system
created under this section.
(6) Information gathered in conjunction with the voluntary
comprehensive screening and assessment of children and their
families may be used only for the following purposes:
(a) Providing services to children and families who give their
express written consent;
(b) Providing statistical data that are not personally
identifiable;
(c) Accomplishing other purposes for which the family has given
express written consent; and
(d) Meeting the requirements of mandatory state and federal
disclosure laws.
SECTION 3. ORS 417.730 is amended to read:
417.730. (1) There is established a State Commission on
Children and Families consisting of:
(a) The Director of Human Services;
(b) The Superintendent of Public Instruction;
{ + (c) The Director of the Employment Department or, at the
Governor's direction, the chairperson of the Commission for Child
Care; + }
{ - (c) - } { + (d) + } One member appointed by the
President of the Senate, who shall be a member of the Senate and
who shall be a nonvoting, advisory member;
{ - (d) - } { + (e) + } One member appointed by the Speaker
of the House of Representatives, who shall be a member of the
House of Representatives and who shall be a nonvoting, advisory
member; and
{ - (e) - } { + (f) + } 12 members appointed by the
Governor.
(2) The appointments made by the Governor shall reflect the
state's diverse populations and regions and shall include
representatives with expertise along the full developmental
continuum of a child from the prenatal stage through 18 years of
age. The members appointed by the Governor shall include:
(a) One representative from the Oregon Juvenile Department
Directors' Association, from which the Governor may solicit
suggestions for appointment;
(b) Six public members who have demonstrated interest in
children, with consideration given to a youth member and persons
from the education community;
(c) Two members from local commissions on children and
families, one from a rural area and one from an urban area;
(d) One social service professional; and
(e) Two members from the business community who have
demonstrated interest in children.
(3) The term of office of each member appointed by the Governor
is four years. Before the expiration of the term of an appointed
member, the Governor shall appoint a successor whose term begins
on October 1. An appointed member is eligible for reappointment.
If there is a vacancy in an appointed position for any cause, the
Governor shall make an appointment to become immediately
effective for the unexpired term.
(4) The appointments by the Governor to the state commission
are subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565.
(5) An appointed member of the state commission who is not a
member of the Legislative Assembly is entitled to compensation
and expenses as provided in ORS 292.495. Members who are members
of the Legislative Assembly shall be paid compensation and
expense reimbursement as provided in ORS 171.072, payable from
funds appropriated to the Legislative Assembly.
(6)(a) The majority of the members of the state commission
shall be laypersons.
(b) As used in this subsection, 'layperson' means a person
whose primary income is not derived from either offering direct
service to children and youth or being an administrator for a
program for children and youth.
SECTION 4. ORS 417.735 is amended to read:
417.735. (1) The State Commission on Children and Families
shall promote the wellness of children and families at the state
level and shall act in accordance with the principles,
characteristics and values identified in ORS 417.708 to 417.725.
The state commission shall provide no direct services.
(2)(a) Funds for local commissions shall consist of payments
from moneys appropriated therefor to the State Commission on
Children and Families by the Legislative Assembly. The state
commission shall develop an equitable formula for the
distribution of funds to counties or regions for services for
children and families, and a minimum annual grant shall be
provided to each county or region.
(b) The state commission shall provide technical assistance and
research-based information to local commissions to support the
development of county goals and outcomes for services and
programs.
(c) The state commission may withhold funds from a local
commission if services and programs funded through the local
commission do not meet appropriate outcomes.
(3) The state commission shall:
(a) Set guidelines for the planning, coordination and delivery
of services by local commissions in partnership with other
planning bodies and agencies providing services for children and
families. The guidelines shall be consistent with the key
elements of the service system developed and implemented under
ORS 417.705 to 417.797. In conjunction with other planning bodies
and agencies providing social supports, the state commission
shall use the local coordinated comprehensive plans to advise
agencies, the Legislative Assembly and the Governor;
(b) Advise the Legislative Assembly and the Governor concerning
possible solutions to problems facing children and families;
(c) In consultation with other agencies, identify outcomes and
interim indicators relating to children and families and monitor
the progress of local coordinated comprehensive plans in meeting
identified outcomes;
(d) Encourage the development of innovative projects, based on
proven practices of effectiveness, that benefit children and
families;
(e) Ensure that all services for children and families are
integrated and evaluated according to their outcomes;
(f) Compile, analyze and distribute information that informs
and supports statewide coordinated planning;
(g) Establish a uniform system of reporting and collecting
statistical data from counties and other agencies serving
children and families;
(h) Provide a process whereby the Department of Human Services,
Juvenile Crime Prevention Advisory Committee, Oregon Youth
Authority, Department of Education, Department of Community
Colleges and Workforce Development, { + Employment
Department, + } Housing and Community Services Department and
Economic and Community Development Department review all findings
from data collected by the local commissions through the local
coordinated comprehensive plans. The information gathered in this
review shall be considered by those agencies in designing future
economic resources and services and in the coordination of
services;
(i) Make recommendations to the Commission for Child Care for
the development of the state's biennial child care plan; and
(j) Communicate information and policy advice on current
research and proven practices of effectiveness, from both inside
and outside the state, including successful local strategies, to
local commissions, the Governor, the Legislative Assembly, state
agencies and the public. The information shall include progress
in meeting outcomes identified in the local coordinated
comprehensive plans.
(4)(a) The state commission shall develop a review and approval
process for local coordinated comprehensive plans that includes:
(A) A requirement that the local plan has been approved by the
board or boards of county commissioners;
(B) Assurance that the local plan meets essential criteria and
approval required by appropriate entities and meets appropriate
systems and planning connections; and
(C) Review of state expenditures of resources allocated to the
local commissions on children and families.
(b) The state commission shall develop the process under this
subsection in consultation with other entities involved in the
review and approval process.
(c) The state commission shall act on any waiver request from a
local commission within 90 days after receipt of the request.
(d) The state commission may disapprove a local plan for
failure to address the elements described in paragraph (a) of
this subsection within 90 days after receipt of the request.
(5) The state commission, in coordination with the local
commissions on children and families, shall:
(a) Assist the local commissions in the development and
implementation of performance and outcome criteria for evaluating
services at the local level;
(b) Monitor the progress in meeting criteria in the local
coordinated comprehensive plans;
(c) In conjunction with the Department of Human Services and
using the staff resources and other resources of the state
commission, educate, inform and provide technical assistance to
local commissions, including but not limited to technical
assistance with:
(A) Federal and state laws, regulations and rules, and changes
therein, governing the use of federal and state funds;
(B) Facilitation;
(C) Planning;
(D) Policy development;
(E) Proven practices of effectiveness;
(F) Local systems development;
(G) Community problem solving and mobilization; and
(H) Other services, as appropriate;
(d) Conduct research and disseminate information to local
commissions on children and families;
(e) Negotiate federal waivers in consultation with the
Department of Human Services; and
(f) Develop a process for reviewing requests for waivers from
requirements of the state commission. Requests for waivers shall
be granted or denied as a part of the approval process for a
local coordinated comprehensive plan. The state commission shall
not grant a request for waiver that allows funds to be used for
any purpose other than early childhood prevention, intervention
and treatment programs.
(6) The state commission shall employ a staff director who
shall be responsible for hiring and supervising any additional
personnel necessary to assist the state commission in performing
its duties. The staff director shall be responsible for
management functions of the state commission subject to policy
direction by the state commission.
(7) To the extent that federal funding is not jeopardized, the
State Commission on Children and Families shall enter into an
interagency agreement with the Department of Human Services in
which they agree on a system to:
(a) Distribute all Title XX Social Services Block Grant funds;
(b) Ensure that federal and state requirements are met for
federal funds administered by the state commission; and
(c) Carry out the necessary auditing, monitoring and
information requirements for federal funds distributed by the
state commission.
(8) In addition to the authority under subsection (5)(e) of
this section, the state commission may direct the Department of
Human Services or the appropriate state department providing
services for children and families to negotiate federal waivers.
If the Department of Human Services or any other state agency
does not pursue a federal waiver recommended by the state
commission, the state commission may ask the Governor to direct
the Department of Human Services or other state agency to apply
for and negotiate the waiver.
(9) If the Department of Human Services or any other state
agency refuses to distribute state or federal funds as requested
by the state commission, the state commission may ask the
Governor to direct the Department of Human Services or other
state agency to distribute the funds.
(10) The programs shall be funded as fully as possible by Title
XX of the federal Social Security Act, consistent with the terms
and conditions of the block grant program and the local
coordinated comprehensive plans that reflect community priorities
established by the local planning process.
(11) In conjunction with the Department of Human Services, the
state commission, as soon as possible, shall develop a plan to
re-engineer and integrate the data processing systems related to
children's programs with the objective of making management
information more accessible. The state commission shall make
regular presentations to the Joint Legislative Committee on
Information Management and Technology on its progress in
developing and implementing the plan.
(12) Before each regular session of the Legislative Assembly,
the state commission shall report, to the Governor and to the
appropriate joint interim committee as determined by the Speaker
of the House of Representatives and the President of the Senate,
the following:
(a) Any additional proposals contained in 'A Positive Future
for Oregon's Children and Families' by the 1991-1992 Oregon
Children's Care Team Interim Task Force that should be
undertaken;
(b) The status in all counties of local service systems related
to the health and wellness of children and the adequacy of
financial resources to deliver services;
(c) The progress in achieving desired outcomes, including but
not limited to the statewide guidelines set by the state
commission under ORS 417.710 (1);
(d) Barriers to achieving outcomes and benchmarks;
(e) Proposed solutions to barriers identified under paragraph
(d) of this subsection, including proven, effective and
innovative strategies; and
(f) County and community mobilization to increase public
awareness and involvement and funding of community determined
priorities.
(13)(a) The state commission may solicit, accept and receive
federal moneys or moneys or other property from persons or
corporations, public or private, for the purpose of carrying out
the provisions of ORS 417.705 to 417.797 and 419A.170.
(b) All federal moneys collected or received under paragraph
(a) of this subsection shall be accepted and transferred or
expended by the state commission upon such terms and conditions
as are prescribed by the federal government.
(c) All moneys and other property accepted by the state
commission under this subsection shall be transferred, expended
or used upon such terms and conditions as are prescribed by the
donor in a manner consistent with applicable law.
SECTION 5. ORS 417.775 is amended to read:
417.775. (1) Under the direction of the board or boards of
county commissioners, and in conjunction with the guidelines set
by the State Commission on Children and Families, the main
purposes of a local commission on children and families are to
promote wellness for children of all ages and their families in
the county or region, if the families have given their express
written consent, to mobilize communities and to develop policy
and oversee the implementation of a local coordinated
comprehensive plan described in this section. A local commission
shall:
(a) Inform and involve citizens;
(b) Identify and map the range of resources in the community;
(c) Plan, advocate and fund research-based initiatives for
children who are 0 to 18 years of age and their families;
(d) Develop local policies, priorities and measurable outcomes;
(e) Prioritize activities identified in the local plan and
mobilize the community to take action;
(f) Prioritize the use of nondedicated resources;
(g) Monitor implementation of the local plan; and
(h) Monitor progress of and evaluate the outcomes identified in
the local plan that are reviewed under ORS 417.797, and report on
the progress in addressing priorities and achieving outcomes.
(2)(a) A local commission may not provide direct services for
children and their families.
(b) Notwithstanding paragraph (a) of this subsection, a local
commission may provide direct services for children and their
families for a period not to exceed six months if:
(A)(i) The local commission determines that there is an
emergency;
(ii) A provider of services discontinues providing the services
in the county or region; or
(iii) No provider is able to offer the services in the county
or region; and
(B) The family has given its express written consent.
(3) The local commission shall lead and coordinate a process to
assess needs and identify county or regional outcomes to be
achieved. The process shall be in conjunction with other
coordinating bodies for services for children and their families
and shall include representatives of education, mental health
services, developmental disability services, alcohol and drug
treatment programs, public health programs, { + local child care
resource and referral agencies, + } child care providers, law
enforcement and corrections agencies, private nonprofit entities,
local governments, faith-based organizations, businesses,
families, youth and the local community. The process shall
include populations representing the diversity of the county or
region.
(4) Through the process described in subsection (3) of this
section, the local commission shall coordinate the development of
a single local plan for coordinating programs, strategies and
services for children who are 0 to 18 years of age and their
families among community groups, government agencies, private
providers and other parties. The local plan shall be a
comprehensive area-wide service delivery plan for all services to
be provided for children and their families in the county or
region, if the families have given their express written consent.
The local plan shall be designed to achieve state and county or
regional outcomes based on state policies and guidelines and to
maintain a level of services consistent with state and federal
requirements.
(5) The local commission shall prepare the local coordinated
comprehensive plan and applications for funds to implement ORS
417.705 to 417.797 and 419A.170. The local plan, policies and
proposed service delivery systems shall be submitted to the board
or boards of county commissioners for approval prior to
submission to the state commission. The local plan shall be based
on identifying the most effective service delivery system
allowing for the continuation of current public and private
programs where appropriate. The local plan shall address needs,
strengths and assets of all children, their families and
communities, including those children and their families at
highest risk.
(6) The local coordinated comprehensive plan shall include:
(a) Subject to the availability of funds:
(A) Identification of ways to connect all state and local
planning processes related to services for children and their
families into the local coordinated comprehensive plan to create
positive outcomes for children and their families;
(B) Provisions for a continuum of social supports at the
community level for children from the prenatal stage through 18
years of age, and their families, that takes into account areas
of need, service overlap, asset building and community strengths
as outlined in ORS 417.305 (2);
(C) A voluntary local early childhood system plan created
pursuant to ORS 417.777;
(D) Local alcohol and other drug prevention and treatment plans
developed pursuant to ORS 430.258; and
(E) The local high-risk juvenile crime prevention plan
developed pursuant to ORS 417.855; and
(b) A list of staff positions budgeted to support the local
commission on children and families. The list shall indicate the
status of each position as a percentage of full-time equivalency
dedicated to the implementation of the local coordinated
comprehensive plan. The county board or boards of commissioners
shall be responsible for providing the level of staff support
detailed in the local plan and shall ensure that funds provided
for these purposes are used to carry out the local plan.
(7) The local coordinated comprehensive plan shall:
(a) Improve results by addressing the needs, strengths and
assets of all children, their families and communities in the
county or region, including those children and their families at
highest risk;
(b) Improve results by identifying the methods that work best
at the state and local levels to coordinate resources, reduce
paperwork and simplify processes, including data gathering and
planning;
(c) Be based on local, state and federal resources;
(d) Be based on proven practices of effectiveness for the
specific community;
(e) Contribute to a voluntary statewide system of formal and
informal services and supports that is provided at the community
level, that is integrated in local communities and that promotes
improved outcomes for Oregon's children;
(f) Be presented to the citizens in each county for public
review, comment and adjustment;
(g) Be designed to achieve outcomes based on
research-identified proven practices of effectiveness; and
(h) Address other issues, local needs or children and family
support areas as determined by the local commission pursuant to
ORS 417.735.
(8) In developing the local coordinated comprehensive plan, the
local commission shall:
(a) Secure active participation pursuant to subsection (3) of
this section;
(b) Provide for community participation in the planning
process, including media notification;
(c) Conduct an assessment of the community that identifies
needs and strengths;
(d) Identify opportunities for service integration; and
(e) Develop a local coordinated comprehensive plan and budget
to meet the priority needs of a county or region.
(9) The State Commission on Children and Families may
disapprove a local coordinated comprehensive plan in whole or in
part only upon making specific findings that the local plan
substantially fails to conform to the principles, characteristics
and values identified in ORS 417.708 to 417.725 and 417.735 (4).
If the state commission disapproves a local plan in whole, the
state commission shall identify with particularity the manner in
which the local plan is deficient. If the state commission
disapproves only part of the local plan, the remainder of the
local plan may be implemented. The staff of the state commission
shall assist in remedying the deficiencies in the local plan. The
state commission shall set a date by which the local plan or the
deficient portion thereof shall be revised and resubmitted.
(10) If a local commission determines that the needs of the
county or region it serves differ from those identified by the
state commission, it may ask the state commission to waive
specific requirements in its list of children's support areas.
The process for granting waivers shall be developed by the state
commission prior to the start of the review and approval process
for the local coordinated comprehensive plan described in ORS
417.735 (4) and shall be based primarily on a determination of
whether the absence of a waiver would prevent the local
commission from best meeting the needs of the county or region.
(11) From time to time, the local commission may amend the
local coordinated comprehensive plan and applications for funds
to implement ORS 417.705 to 417.797 and 419A.170 upon approval of
the board or boards of county commissioners and the State
Commission on Children and Families.
(12) The local commission shall provide an opportunity for
public and private contractors to review the components of the
local coordinated comprehensive plan, to receive notice of any
component that the county or counties intend to provide through a
county agency and to comment publicly to the board or boards of
county commissioners if they disagree with the proposed service
delivery plan.
SECTION 6. ORS 417.777 is amended to read:
417.777. (1) Each local commission on children and families, as
part of the local coordinated comprehensive plan developed under
ORS 417.775 for the county or region, shall lead and coordinate
the development of a voluntary local early childhood system plan
that shall focus on the needs of children who are zero through
eight years of age and their families. Local Oregon
prekindergarten programs, early childhood special education
programs and early intervention services shall collaborate and
participate with the local commission in the development and
implementation of the voluntary early childhood system plan.
(2) In the process of developing the voluntary local early
childhood system plan, a local commission shall include parents,
youth, community representatives and representatives of local
providers of early childhood services that reflect the diversity
of the county or region, including but not limited to
representatives from:
(a) Hospitals and the health professions;
(b) Local interagency coordinating councils;
(c) Oregon prekindergarten programs;
(d) Contractors who are designated by the Superintendent of
Public Instruction to be responsible for the administration of
early childhood special education and early intervention services
in a service area;
(e) Community corrections agencies;
(f) Mental health services;
(g) County health departments;
(h) Healthy Start Family Support Services programs;
(i) Alcohol and drug treatment programs;
{ + (j) Local child care resource and referral agencies; + }
{ - (j) - } { + (k) + } Child care providers;
{ - (k) - } { + (L) + } Developmental disability services;
{ - (L) - } { + (m) + } The kindergarten through grade 12
education community;
{ - (m) - } { + (n) + } Faith-based organizations; and
{ - (n) - } { + (o) + } Other providers of prenatal and
perinatal services.
(3) A voluntary local early childhood system plan shall:
(a) Provide for the coordination of early childhood programs by
creating a process to connect children and families with the most
appropriate supports;
(b) Include a description of how the components of the
voluntary statewide early childhood system specified in ORS
417.728 will be implemented in the county or region;
(c) Build on existing programs;
(d) Identify ways to maximize the use of volunteers and other
community resources; and
(e) Ensure that the diverse populations within a community
receive services that are culturally and gender appropriate.
(4) Local communities are encouraged to:
(a) Use private nonprofit organizations to raise community
awareness and support for the voluntary local early childhood
system; and
(b) Involve the medical community to ensure appropriate
referrals to services and supports that are provided through the
voluntary local early childhood system.
SECTION 7. ORS 657A.180 is amended to read:
657A.180. (1) There is created an advisory committee to advise
the Child Care Division on the development and administration of
child care resource and referral policies and practices. The
advisory committee shall include but not be limited to three
members of the Commission for Child Care. The Child Care Division
shall, in consultation with the advisory committee, establish
criteria for proposals, prepare requests for proposals, receive
proposals and award grants for the establishment of resource and
referral programs.
(2) The Child Care Division shall collect and report data
concerning resource and referral programs.
(3) The local { + resource and referral + } agencies shall
match grant funds { - with an equal amount of financial
support - } { + in an amount not less than 10 percent of grant
funds received. + } { - , including but - } { + Matching
financial support includes, but is + } not limited to { + , + }
in-kind contributions.
(4) As used in this section, 'in-kind contributions' means
nonmonetary contributions { - which - } { + that + } include
but are not limited to:
(a) Provision of rent-free program space;
(b) Provision of utilities;
(c) Provision of custodial services;
(d) Provision of secretarial services;
(e) Provision of liability insurance or health insurance
benefits;
(f) Administrative services; and
(g) Transportation services.
SECTION 8. 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
{ + under ORS 657A.280 + } by the Child Care Division to a
{ - group - } { + family + } 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 { + or a child
under 18 years of age who has special needs or disabilities and
requires a level of care that is above normal for the child's
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,
{ + certified or registered + } 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) + } A school district as defined in ORS 332.002 { - , - }
{ + ;
(B) A + } political subdivision of this state { + ; + } or
{ +
(C) + } A governmental agency.
(e) Residential facility licensed under ORS 443.400 to 443.455.
(f) Babysitters.
{ + (g) Facility operated as a parent cooperative for no more
than four hours a day.
(h) Facility providing care while the child's parent remains on
the premises and is engaged in an activity offered by the
facility or in other nonwork activity. + }
(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) 'Parent cooperative' means a child care program in
which:
(a) Care is provided by parents on a rotating basis;
(b) Membership in the cooperative includes parents;
(c) There are written policies and procedures; and
(d) A board of directors that includes parents of the children
cared for by the cooperative controls the policies and procedures
of the program. + }
{ - (9) - } { + (10) + } 'Registration' means the
registration that is issued { + under ORS 657A.330 + } 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) - } { + (11) + } '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 9. 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 - } { + may + } not exceed:
(a) For { - Group - } { + Certified Family + } Child Care
Home Initial Certification, $25;
(b) For { - Group - } { + Certified Family + } 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 { + Registered + } Family Child Care Home
{ - Initial - } 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 10. ORS 657A.280 is amended to read:
657A.280. (1) { - No person shall - } { + A person may
not + } operate a child care facility { - caring for seven or
more children - } { + , except a facility subject to the
registration requirements of ORS 657A.330, + } 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 - } { + family + } 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 { + a
certified family + } child care { - facilities - }
{ + home + } 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 11. 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 - } { + under + } 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 or renewal 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 - } { + under + } 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 registration period; and
(c) Is certified as a food handler { - pursuant to - }
{ + under + } 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 or renewal of a 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.
SECTION 12. ORS 657A.440 is amended to read:
657A.440. (1) A registered { - child care facility - } or
certified
{ - group - } { + family + } child care home shall be
considered a residential use of property for zoning purposes. The
registered { - child care facility - } or certified
{ - group - } { + family + } child care home shall be a
permitted use in all areas zoned for residential or commercial
purposes, including areas zoned for single-family dwellings.
{ - No - } { + A + } city or county { - shall - } { + may
not + } enact or enforce zoning ordinances prohibiting the use of
a residential dwelling, located in an area zoned for residential
or commercial use, as a registered { - child care facility - }
or certified { - group - } { + family + } child care home.
(2) A city or county may impose zoning conditions on the
establishment and maintenance of a registered { - child care
facility - } or certified { - group - } { + family + } child
care home in an area zoned for residential or commercial use,
provided that { - such - } { + the + } conditions are no more
restrictive than conditions imposed on other residential
dwellings in the same zone.
(3) A county may:
(a) Allow a registered { - child care facility - } or
certified
{ - group - } { + family + } child care home in an existing
dwelling in any area zoned for farm use, including an exclusive
farm use zone established under ORS 215.203;
(b) Impose reasonable conditions on the establishment of a
registered { - child care facility - } or certified
{ - group - } { + family + } child care home in an area zoned
for farm use; and
(c) Allow a division of land for a registered { - child care
facility - } or certified { - group - } { + family + } child
care home in an exclusive farm use zone only as provided in ORS
215.263 (9).
(4) This section applies only to any registered { - child
care facility - } or certified { - group - } { + family + }
child care home where child care is offered in the home of the
provider to fewer than 13 children, including children of the
provider, regardless of full-time or part-time status.
SECTION 13. 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 - } { + child care center + } certified by the
Child Care Division of the Employment Department under ORS
657A.280 to provide educational child care { - for seven or
more children - } .
(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 { + child care + } 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.
SECTION 14. ORS 430.590 is amended to read:
430.590. (1) It is unlawful for any person to commence
operating a methadone clinic:
(a) Within 1,000 feet of the real property comprising an
existing public or private elementary, secondary or career school
attended primarily by minors; or
(b) Within 1,000 feet of the real property comprising an
existing licensed child care facility. As used in this section, '
licensed child care facility' means a child care { - facility,
as defined in ORS 657A.250, that provides child care to seven or
more children and - } { + center certified under ORS 657A.280
that + } is operating under authority of a valid business
license.
(2) Commencing operation of a methadone clinic within 1,000
feet of a school or licensed child care facility is a nuisance
and operation of the clinic shall be enjoined and abated as
provided in ORS 105.550 to 105.600.
SECTION 15. ORS 657A.400 is amended to read:
657A.400. (1) An authorized representative of the Department of
Human Services may inspect the premises of a child care facility
{ - caring for seven or more children - } { + certified under
ORS 657A.280 + } to determine whether the facility is in
conformity with applicable laws and regulations relating to
health and sanitation.
(2) An authorized representative of the Department of Human
Services 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. The Child Care Division shall not issue or renew
any certification for any child care facility for which an
inspection by the Department of Human Services has been requested
unless an authorized representative of the Department of Human
Services 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 16. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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