75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2205
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)
CHAPTER ................
AN ACT
Relating to civil penalties imposed by Child Care Division;
creating new provisions; and amending ORS 657A.010 and
657A.330.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) In addition to any other provision of law
or rule adopted pursuant to ORS 657A.260 for enforcement of the
provisions of ORS chapter 657A, the Child Care Division may
suspend or revoke a certification or registration issued under
ORS 657A.030 and 657A.250 to 657A.450, or impose a civil penalty
in the manner provided in ORS 183.745, for violation of:
(a) Any of the provisions of ORS 657A.030 and 657A.250 to
657A.450;
(b) The terms and conditions of a certification or registration
issued under ORS 657A.030 and 657A.250 to 657A.450; or
(c) Any rule of the division adopted under ORS 657A.030 and
657A.250 to 657A.450.
(2) The division shall adopt by rule a schedule establishing
the civil penalties that may be imposed under this section. The
schedule must provide for categories of violations for which a
penalty may be imposed, including 'nonserious' and 'serious ' to
be defined by the division by rule under ORS 657A.260.
(3) The division must issue a written warning for a nonserious
or serious violation before assessing a civil penalty under this
section. The written warning must prescribe a reasonable time in
which to correct a violation.
(4) The division may not impose a civil penalty of more than
$100 for a first violation.
(5) The division may not impose a civil penalty for a
subsequent violation that exceeds the penalty imposed for the
previous violation by more than $100. Penalties imposed under
this subsection may not exceed $500 per violation, or $1,000
total for multiple violations per quarter.
(6) Notwithstanding any other provision of this section, the
maximum civil penalty that may be imposed:
(a) For violation of ORS 657A.330 by a registered family child
care home provider is $100.
(b) For violation of ORS 657A.280 by an operator of a child
care facility that is not a child care center is $200.
(c) For violation of ORS 657A.280 by an operator of a child
care facility that is a child care center is $500.
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(7) A civil penalty imposed under this section may be remitted
or reduced upon such terms and conditions as the division
considers proper and consistent with the public health and
safety.
(8) All moneys received under this section shall be deposited
in the Child Care Fund established under ORS 657A.010 (2) and may
be used for the administration of ORS 181.537, 657A.030 and
657A.250 to 657A.450. + }
SECTION 2. ORS 657A.010 is amended to read:
657A.010. (1) There is established within the Employment
Department a Child Care Division. The Child Care Division, as
designated by the Governor, shall be responsible for
administering funds received by the State of Oregon pursuant to
the federal Child Care and Development Block Grant Act of 1990,
the Dependent Care Planning and Development Grant and other
federal child care funds and grants received by the State of
Oregon.
(2) There is established in the State Treasury, separate and
distinct from the General Fund, the Child Care Fund. Such fund
shall consist of moneys collected and received by the Child Care
Division pursuant to subsection (1) of this section, ORS 657A.310
{ - , - } { + and section 1 of this 2009 Act + } and such
moneys as may be otherwise made available by law. Interest earned
on the fund shall be credited to the fund. The moneys in the
Child Care Fund are appropriated continuously to the Child Care
Division and shall be used in a manner consistent with the grant
of funds or for the administration of ORS 181.537, 657A.030 and
657A.250 to 657A.450.
SECTION 3. 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, 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 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;
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(c) The provider is currently certified in infant and child
first aid and cardiopulmonary resuscitation;
(d) The provider is certified as a food handler 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 to ORS 181.534, 181.537,
657A.030 and 657A.250 to 657A.450, and receives a satisfactory
records check, including criminal records 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 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
Enrolled House Bill 2205 (HB 2205-A) Page 3
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. - }
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Passed by House May 7, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 20, 2009
...........................................................
President of Senate
Enrolled House Bill 2205 (HB 2205-A) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2205 (HB 2205-A) Page 5