75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to RC to A-Eng. HB 3487
LC 3780/HB 3487-A2
SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED HOUSE BILL 3487
By COMMITTEE ON RULES
June 10
On page 6 of the printed A-engrossed bill, delete lines 13
through 26 and insert:
' { + SECTION 7. + } { + If House Bill 2987 becomes law,
section 1 of this 2009 Act (amending ORS 657A.250) is repealed
and ORS 657A.250, as amended by section 1, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2987), 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 for preschool children that
is primarily educational, for four hours or less a day - } { +
Preschool recorded program + }.
' (b) Facility providing care for school-age children that is
primarily a single enrichment activity, for eight hours or less a
week.
' (c) Facility providing care that is primarily 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.
' (i) Facility operated as a school-age recorded program.
' (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. + }
' { - (10) - } { + (11) + } 'Record' means the record that
is issued under
{ - section 4 of this 2009 Act - } { + section 4 of this 2009
Act to a preschool recorded program or under section 4, chapter
___, Oregon Laws 2009 (Enrolled House Bill 2987), + }to a
school-age recorded program.
' { - (11) - } { + (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.
' { - (12) - } { + (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.
' { - (13) - } { + (14) + } 'School-age recorded program'
means a program for school-age children:
' (a) That is not operated by a school district as defined in
ORS 332.002;
' (b) That is not required to be certified under ORS 657A.280
or registered under ORS 657A.330; and
' (c) In which youth development activities are provided to
children during hours that school is not in session and does not
take the place of a parent's care.
' { - (14) - } { + (15) + } 'Youth development activities'
means care, supervision or guidance that is intended for
enrichment, including but not limited to teaching skills or
proficiency in physical, social or educational activities such as
tutoring, music lessons, social activities, sports and
recreational activities.
' { + SECTION 8. + } { + If House Bill 2987 becomes law,
section 2 of this 2009 Act (amending ORS 657A.275) is repealed
and ORS 657A.275, as amended by section 2, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2987), 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.
' (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
division pertaining to the purpose for which the fee is
established, as authorized by the Legislative Assembly within the
budget of the division.
' (3) Notwithstanding subsection (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 School-Age Recorded Program
Recording, $20;
' { - (g) - } { + (h) + } For administering a class on child
care abuse and neglect issues, $10; and
' { - (h) - } { + (i) + } 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 9. + } { + If House Bill 2987 becomes law,
section 5 of this 2009 Act (amending ORS 657A.390) is repealed
and ORS 657A.390, as amended by section 5, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2987), 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, 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 { + , a preschool
recorded program + } or a school-age 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 { + ,
a preschool recorded program + } or a school-age 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 10. + } { + If House Bill 2987 becomes law,
section 6 of this 2009 Act (amending ORS 419B.005) is repealed
and ORS 419B.005, as amended by section 6, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2987), 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. + }
' { - (u) - } { + (v) + } An operator of a school-age
recorded program under { - section 4 of this 2009 Act - } { +
section 4, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2987) + }.
' (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 11. + } { + (1) Section 4 of this 2009 Act and
the amendments to ORS 419B.005, 657A.250 and 657A.275 by sections
1, 2, 6, 7, 8 and 10 of this 2009 Act apply to persons operating
a preschool recorded program on or after the operative date
specified in section 12 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 12 of this 2009 Act must
record the program not later than 90 days after the operative
date specified in section 12 of this 2009 Act. + }
' { + SECTION 12. + } { + Section 4 of this 2009 Act and the
amendments to ORS 419B.005, 657A.250 and 657A.275 by sections 1,
2, 6, 7, 8 and 10 of this 2009 Act become operative on July 1,
2010. + }
' { + SECTION 13. + } { + The Child Care Division of the
Employment Department may take any action before the operative
date specified in section 12 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, 6, 7, 8 and 10 of this 2009 Act on and
after the operative date specified in section 12 of this 2009
Act. + } ' .
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