75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 3487
LC 3780/HB 3487-1
HOUSE AMENDMENTS TO
HOUSE BILL 3487
By COMMITTEE ON RULES
May 19
On page 1 of the printed bill, line 2, delete '657A.250 ' and
insert '419B.005, 657A.250, 657A.275 and 657A.390'.
Delete lines 4 through 29 and delete page 2 and insert:
' { + 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
under ORS 657A.280 by the Child Care Division to a family child
care home, child care center or other child care facility.
' (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;
' (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,
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 - } { + Preschool recorded program + }.
' (b) Facility providing care { + for school-age children + }
that is primarily { - supervised training in a specific
subject, including but not limited to dancing, drama, music or
religion. - } { + a single enrichment activity, for eight hours
or less a week. + }
' (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.
' { + (10) 'Preschool recorded program' means a facility
providing care for preschool children that is primarily
educational for four hours or less per day and where no child is
present at the facility for more than four hours per day.
' (11) 'Record' means the record that is issued under section 4
of this 2009 Act to a preschool recorded program. + }
' { - (10) - } { + (12) + } '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.
' { - (11) - } { + (13) + } ' 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 2. + } ORS 657A.275 is amended to read:
' 657A.275. { + (1) The Child Care Division of the Employment
Department shall adopt rules establishing fees for certification,
registration and recording under ORS 657A.250 to 657A.450. + }
' { - (1) - } { + (2) + } 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 181.534, 657A.030 and
657A.250 to 657A.450 may not exceed the cost of administering the
program of the { - Child Care Division of the Employment
Department - } { + division + } pertaining to the purpose for
which the fee is established, as authorized by the Legislative
Assembly within the budget of the division.
' { - (2) - } { + (3) + } Notwithstanding subsection
{ - (1) - } { + (2) + } 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 may not
exceed:
' (a) For Certified Family Child Care Home Initial
Certification, $25;
' (b) For 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 Registration, $30;
' { + (f) For Preschool Recorded Program Recording, $20; + }
' { - (f) - } { + (g) + } For administering a class on child
care abuse and neglect issues, $10; and
' { - (g) - } { + (h) + } 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 3. + } { + Section 4 of this 2009 Act is added
to and made a part of ORS 657A.250 to 657A.450. + }
' { + SECTION 4. + } { + (1) A person operating a preschool
recorded program may not operate the program without performing
criminal background checks for all staff and volunteers and
becoming recorded with the Child Care Division of the Employment
Department as provided in this section.
' (2) To obtain recording, the person must apply to the
division by submitting a completed record application form and a
nonrefundable fee as established by the division. The division
shall determine and apply the fee through rules adopted by the
division under ORS 657A.275. The division shall deposit fees
received under this subsection as provided in ORS 657A.310 (2).
' (3) The division shall issue a record to a person operating a
preschool recorded program if the division determines that the
applicant meets the requirements of ORS 657A.250 to 657A.450 and
the rules adopted pursuant to ORS 657A.250 to 657A.450 and
subsection (9) of this section.
' (4) Unless the record is revoked as provided in subsection
(8) of this section, the record is valid for a period of two
years from the date of issuance.
' (5) A record authorizes operation of the preschool recorded
program only on the premises described in the record and only by
the person named in the record.
' (6) The division shall create and maintain a database of
preschool recorded programs recorded under this section and shall
update the database annually. The database shall include, but
need not be limited to, the following information:
' (a) Name and address of the program;
' (b) Name of operator; and
' (c) Significant program information, as determined by the
division by rule.
' (7) A preschool recorded program recorded under this section
must post, and provide parents with, a notice that the preschool
recorded program is not certified under ORS 657A.280 or
registered under ORS 657A.330.
' (8) An initial application or renewal application for
recording of a preschool recorded program may be denied, revoked
or suspended, if the division finds:
' (a) That the program or its operation does not comply with
ORS 657A.250 to 657A.450, with applicable rules and with any term
or condition imposed under the record; or
' (b) That visitation, on-site investigation or inspection of a
program or its records authorized by ORS 657A.390 has not been
permitted.
' (9) The division shall adopt any rules necessary to carry out
the provisions of this section.
' (10) A person who violates any provision of this section or
any term or condition of a record is subject to a civil penalty
not to exceed $100. + }
' { + SECTION 5. + } 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 { + or record + }, 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 to ORS 181.534, 181.537, 657A.030 and
657A.250 to 657A.450.
' (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 { + or a preschool
recorded program + } 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
{ + or a preschool recorded program + } shall permit an
authorized representative of the division to inspect records of
the facility { + or program + } and shall furnish promptly
reports and information required by the division.
' { + SECTION 6. + } ORS 419B.005 is amended to read:
' 419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
' (1)(a) 'Abuse' means:
' (A) Any assault, as defined in ORS chapter 163, of a child
and any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
' (B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
' (C) Rape of a child, which includes but is not limited to
rape, sodomy, unlawful sexual penetration and incest, as those
acts are defined in ORS chapter 163.
' (D) Sexual abuse, as defined in ORS chapter 163.
' (E) Sexual exploitation, including but not limited to:
' (i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
' (ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
' (F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
' (G) Threatened harm to a child, which means subjecting a
child to a substantial risk of harm to the child's health or
welfare.
' (H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
' (I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
' (J) Unlawful exposure to a controlled substance, as defined
in ORS 475.005, that subjects a child to a substantial risk of
harm to the child's health or safety.
' (b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
' (2) 'Child' means an unmarried person who is under 18 years
of age.
' (3) 'Public or private official' means:
' (a) Physician, including any intern or resident.
' (b) Dentist.
' (c) School employee.
' (d) Licensed practical nurse or registered nurse.
' (e) Employee of the Department of Human Services, State
Commission on Children and Families, Child Care Division of the
Employment Department, the Oregon Youth Authority, a county
health department, a community mental health and developmental
disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
' (f) Peace officer.
' (g) Psychologist.
' (h) Member of the clergy.
' (i) Licensed clinical social worker.
' (j) Optometrist.
' (k) Chiropractor.
' (L) Certified provider of foster care, or an employee
thereof.
' (m) Attorney.
' (n) Naturopathic physician.
' (o) Licensed professional counselor.
' (p) Licensed marriage and family therapist.
' (q) Firefighter or emergency medical technician.
' (r) A court appointed special advocate, as defined in ORS
419A.004.
' (s) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
' (t) Member of the Legislative Assembly.
' { + (u) An operator of a preschool recorded program under
section 4 of this 2009 Act. + }
' (4) 'Law enforcement agency' means:
' (a) Any city or municipal police department.
' (b) Any county sheriff's office.
' (c) The Oregon State Police.
' (d) A county juvenile department.
' { + SECTION 7. + } { + (1) Section 4 of this 2009 Act and
the amendments to ORS 419B.005, 657A.250 and 657A.275 by sections
1, 2 and 6 of this 2009 Act apply to persons operating a
preschool recorded program on or after the operative date
specified in section 8 of this 2009 Act.
' (2) A person who is operating a program that would qualify as
a preschool recorded program under section 4 of this 2009 Act on
the operative date specified in section 8 of this 2009 Act must
record the program not later than 90 days after the operative
date specified in section 8 of this 2009 Act. + }
' { + SECTION 8. + } { + Section 4 of this 2009 Act and the
amendments to ORS 419B.005, 657A.250 and 657A.275 by sections 1,
2 and 6 of this 2009 Act become operative on July 1, 2010. + }
' { + SECTION 9. + } { + The Child Care Division of the
Employment Department may take any action before the operative
date specified in section 8 of this 2009 Act necessary to enable
the division to implement the provisions of section 4 of this
2009 Act and the amendments to ORS 419B.005, 657A.250 and
657A.275 by sections 1, 2 and 6 of this 2009 Act on and after the
operative date specified in section 8 of this 2009 Act. + } ' .
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