72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 534
Sponsored by Senator GEORGE (at the request of Tracie McGhehey)
CHAPTER ................
AN ACT
Relating to child care; amending ORS 657A.250.
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 { + ; or + }
{ + (i) By a person who is a member of the child's extended
family, as determined by the division on a case-by-case
basis + }.
(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.
Enrolled Senate Bill 534 (SB 534-A) Page 1
(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 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.
----------
Passed by Senate May 6, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 28, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 534 (SB 534-A) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 534 (SB 534-A) Page 3