Chapter 382 Oregon Laws 1999

Session Law

AN ACT

SB 110

Relating to child care facilities; creating new provisions; amending ORS 657A.270, 657A.275 and 657A.330; repealing section 2, chapter 743, Oregon Laws 1999 (Enrolled House Bill 2241); and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 and 2a of this 1999 Act are added to and made a part of ORS 657A.250 to 657A.450.

SECTION 2. (1) The Child Care Division of the Employment Department may issue a certificate of registration without inspection to a child care facility operated by a family child care provider if the provider:

(a) Has completed a child care overview class administered by the division;

(b) Has completed two hours of training on child abuse and neglect issues;

(c) Is currently certified in infant and child first aid and cardiopulmonary resuscitation; and

(d) Is certified as a food handler pursuant to ORS 624.570.

(2) The division may renew a certificate of registration without inspection of a child care facility operated by a family child care provider 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 certification period; and

(c) Is certified as a food handler pursuant to ORS 624.570.

SECTION 2a. In addition to the requirements of section 2 (2) of this 1999 Act, the Child Care Division of the Employment Department may renew a certificate of registration without inspection of a child care facility operated by a family child care provider if the provider has completed two hours of training on child abuse and neglect issues.

SECTION 2b. Section 2a of this 1999 Act is repealed October 1, 2001.

SECTION 3. Sections 2 and 2a of this 1999 Act become operative on October 1, 1999.

SECTION 4. (1) The qualifications described in section 2 (1) of this 1999 Act apply only to child care facilities operated by family child care providers who apply for a certificate of registration without inspection on or after October 1, 1999.

(2) The qualifications described in section 2 (2) of this 1999 Act first apply to child care facilities operated by family child care providers who apply for the second or subsequent renewal of a certificate of registration without inspection on or after October 1, 1999.

(3) The qualifications described in section 2a of this 1999 Act first apply to child care facilities operated by family child care providers who apply for a renewal of a certificate of registration without inspection on or after October 1, 1999.

SECTION 5. 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 not exceed:

(a) For Family Group Home Initial Certification, $25;

(b) For Family Group Home Annual Fee Per Certified Space, $2;

(d) For Child Care Center Annual Fee Per Certified Space, $2;

(e) For Family Child Care Initial Certificate of Registration, $30; [and]

(f) For administering a class on child care abuse and neglect issues, $10; and

[(f)] (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

SECTION 6. ORS 657A.270 is amended to read:

657A.270. (1) A certificate of approval or a certificate of registration without inspection authorized by ORS 657A.030 and 657A.250 to 657A.450 may be renewed upon submission of application and payment of required fee not later than 30 days prior to the expiration date of the current certificate, if the Child Care Division of the Employment Department finds that the child care facility for which renewal of the certificate is sought is in compliance with the requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the rules promulgated pursuant thereto.

(2) Upon submission of application for renewal in proper time, manner and form, and payment of required fee, the current certificate, unless officially revoked, shall remain in force until the Child Care Division has acted on the application for renewal and has given notice of the action taken.

[(3) The division shall not renew a certificate of approval or a certificate of registration without inspection unless all of the child care providers employed by the child care facility have completed at least two hours of child abuse and neglect training during the most recent certification period.]

SECTION 7. If House Bill 2241 becomes law, section 2, chapter 743, Oregon Laws 1999 (Enrolled House Bill 2241) (amending ORS 657A.270), is repealed and ORS 657A.270, as amended by section 6 of this 1999 Act, is amended to read:

657A.270. (1) A [certificate of approval or a certificate of] certification or registration [without inspection] authorized by ORS 657A.030 and 657A.250 to 657A.450 and issued to a child care facility may be renewed upon submission of an application and payment of the required fee not later than 30 days prior to the expiration date of the current [certificate] certification or registration, if the Child Care Division of the Employment Department finds that the child care facility [for which] that is seeking renewal of the [certificate is sought] certification or registration is in compliance with the requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the rules promulgated pursuant thereto.

(2) Upon submission of an application for renewal in proper time, manner and form, and payment of the required fee, the current [certificate] certification or registration, unless officially revoked, shall remain in force until the Child Care Division has acted on the application for renewal and has given notice of the action taken.

SECTION 8. If House Bill 2241 becomes law, section 2 of this 1999 Act is repealed and ORS 657A.330, as amended by section 9, chapter 743, Oregon Laws 1999 (Enrolled House Bill 2241), 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 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 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 ORS 624.570; and

(e) [If] 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[, the division shall issue a registration].

(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 certification period; and

(c) Is certified as a food handler pursuant to ORS 624.570.

[(4)] (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.

[(5)] (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;

(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;

(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.

[(6)] (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.

[(7)] (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.

[(8)] (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.

[(9)] (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.

[(10)] (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 9. If House Bill 2241 becomes law, section 2a of this 1999 Act is amended to read:

Sec. 2a. In addition to the requirements of [section 2 (2) of this 1999 Act] ORS 657A.330 (5), the Child Care Division of the Employment Department may renew a [certificate of] registration [without inspection of a child care facility operated by] of a provider operating a family child care [provider] home if the provider has completed two hours of training on child abuse and neglect issues.

SECTION 10. If House Bill 2241 becomes law, section 4 of this 1999 Act is amended to read:

Sec. 4. (1) The qualifications described in [section 2 (1) of this 1999 Act] ORS 657A.330 (4) apply only to [child care facilities operated by family child care] providers operating a family child care home who apply for a [certificate of] registration [without inspection] on or after [October 1, 1999] the effective date of chapter 743, Oregon Laws 1999 (Enrolled House Bill 2241).

(2) The qualifications described in [section 2 (2) of this 1999 Act first apply to child care facilities operated by family child care providers] ORS 657A.330 (5) apply only to providers operating a family child care home who apply for the second or subsequent renewal of a [certificate of] registration [without inspection] on or after [October 1, 1999] the effective date of chapter 743, Oregon Laws 1999 (Enrolled House Bill 2241).

(3) The qualifications described in section 2a of this 1999 Act [first apply to child care facilities operated by family child care providers] apply only to providers operating a family child care home who apply for a renewal of a [certificate of] registration [without inspection] on or after October 1, 1999.

SECTION 11. The Child Care Division of the Employment Department may take all necessary actions to implement sections 2 and 2a of this 1999 Act or the amendments to ORS 657A.330 by section 8 of this 1999 Act prior to October 1, 1999.

SECTION 12. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect July 1, 1999.

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 29, 1999

Effective date July 1, 1999

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