Chapter 657A —
Child Care
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
Uncodified sections printed in this
chapter were amended or repealed by the Legislative Assembly during its 2012
regular session. See the table of uncodified sections amended or repealed
during the 2012 regular session: 2012 A&R Tables
New sections of law were added by
legislative action to this ORS chapter or to a series within this ORS chapter
by the Legislative Assembly during its 2012 regular session. See sections in
the following 2012 Oregon Laws chapters: 2012
Session Laws 0037
2011 EDITION
CHILD CARE
LABOR, EMPLOYMENT; UNLAWFUL
DISCRIMINATION
CHILD CARE DIVISION
657A.010 Child
Care Division; Child Care Fund
657A.020 Duties
of division
657A.030 Central
Background Registry; rules
RESOURCE AND REFERRAL PROGRAMS
657A.100 Definition
for ORS 657A.100 to 657A.190
657A.110 Policy
657A.120 Services
by resource and referral agencies
657A.130 Resource
and referral agency requirements
657A.140 Referrals
to certified child care facilities; access requirements
657A.150 Resource
files; content
657A.160 Documentation
of requests for service
657A.170 Technical
assistance to providers of child care services
657A.180 Advisory
committee; members; duties of committee and Child Care Division
657A.190 Criteria
for renewal of program; reallocation of funds
CHILD CARE FACILITIES
(Generally)
657A.250 Definitions
for ORS 657A.030 and 657A.250 to 657A.450
657A.252 Provision
of care by persons whose enrollment in registry is denied, revoked or under
suspension
657A.255 Preschool
recorded program; criminal background check required; fee; rules; civil penalty
657A.257 School-age
recorded program; criminal background check required; fee; rules; civil penalty
657A.260 Minimum
standards for child care facilities; rules
657A.263 Emergency
plan for facilities; training; rules
657A.270 Renewal
procedure for certification or registration
657A.275 Rules;
fees and charges
(Certification)
657A.280 When
certification required; rules
657A.290 Qualifications
of applicant for certification
657A.300 Issuance
of certification; temporary certification; division’s duties under federal
programs
657A.310 Application;
fees; use; certification applies only to premises and applicant; expiration
date
(Registration)
657A.330 Registration
requirements; fee; waiver; renewal; rules; work sheet
(Orientation)
657A.340 Certain
child care providers required to attend orientation; content of orientation;
effect of ceasing to provide services; cost
(Discipline; Enforcement)
657A.350 Denial,
revocation or suspension of certification or registration
657A.360 Notice;
hearing; decision; judicial review
657A.370 Injunction
(Inspection)
657A.390 Inspection;
right to enter premises and to inspect records; investigation
657A.400 Duties
of Oregon Health Authority; inspection
657A.410 When
search warrant required; procedure
657A.420 Cooperative
agreements to inspect premises
(Collective Bargaining)
657A.430 Rights
of family child care providers to join labor organizations; state as employer
for collective bargaining purposes
(Miscellaneous)
657A.440 Application
of zoning ordinances to registered or certified family child care homes
657A.450 Assistance
to staff of facility
657A.460 Separate
sleeping quarters not required for certain persons providing child care or
babysitting services; exemption from age group segregation requirements
CHILD CARE PROVIDER TRAINING
657A.490 Child
care provider training program; fees; rules
657A.493 Funds
for training program
COMMISSION FOR CHILD CARE
657A.600 Commission
for Child Care; report
657A.610 Members;
terms; officers; duties
657A.620 Expenses;
legislator compensation and expenses
657A.630 Committees
657A.640 Commission
for Child Care Account
CHILD CARE TAX CREDIT PROGRAM
657A.700 Definitions
for ORS 657A.700 to 657A.718
657A.703 Program
established; purposes
657A.706 Program
implementation; community agency applications; tax credit certificates; rules
657A.709 Community
agency selection
657A.712 Revenue
distribution to community agencies; disbursement to child care providers; rules
657A.715 Community
agency duties; disbursement of moneys to child care providers
657A.718 Child
care provider requirements; selection
PENALTIES
657A.990 Criminal
penalty
657A.992 Suspension;
revocation; civil penalty; rules; deposit into Child Care Fund
CHILD CARE DIVISION
657A.010 Child Care Division; Child Care
Fund. (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 657A.992 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. [Formerly
part of 657.601; 1995 c.37 §7; 1997 c.431 §6; 1997 c.753 §3; 2009 c.347 §2]
657A.020 Duties of division.
(1) The Child Care Division staff shall provide technical assistance, linkage
of local agencies, data collection and monitoring.
(2)
The Child Care Division shall continually monitor and disseminate information
about federal and charitable programs for the purposes of ORS 657A.100 to
657A.190. [Formerly 418.361]
657A.030 Central Background Registry;
rules. (1) The Child Care Division of the
Employment Department shall establish a Central Background Registry.
(2)
A subject individual shall apply to and must be enrolled in the Central
Background Registry as part of the individual’s application to operate a
program or serve in a position described in subsection (8) of this section.
(3)
Upon receiving an application for enrollment in the Central Background
Registry, the division shall complete a criminal records check under ORS
181.534 and shall complete a child protective services records check with the
Department of Human Services. The division shall enroll the individual in the
registry if the individual:
(a)
Is determined to have no criminal or child protective services history or to
have dealt with the issues and provided adequate evidence of suitability for
the registry;
(b)
Has paid the applicable fee established pursuant to ORS 657A.275; and
(c)
Has complied with the rules of the division adopted pursuant to this section.
(4)
The division may conditionally enroll an individual in the registry pending the
results of a nationwide criminal records check through the Federal Bureau of
Investigation if the individual has met other requirements of the division for
enrollment in the registry.
(5)
An enrollment in the Central Background Registry shall expire two years from
the date of enrollment and may be renewed upon application to the division,
payment of the fee established pursuant to ORS 657A.275 and compliance with
rules adopted by the division pursuant to this section. However, an individual
who is determined to be ineligible for enrollment in the registry after the
date of initial enrollment shall be removed from the registry by the division.
(6)(a)
A child care facility shall not hire or employ an individual if the individual
is not enrolled in the Central Background Registry.
(b)
Notwithstanding paragraph (a) of this subsection, a child care facility may
employ on a probationary basis an individual who is conditionally enrolled in
the Central Background Registry.
(7)
The division may adopt any rules necessary to carry out the purposes of this
section and the criminal records check program.
(8)
For purposes of this section, “subject individual” means a subject individual
as defined by the division by rule or a person who applies to be:
(a)
The operator or an employee of a child care or treatment program;
(b)
The operator or an employee of an Oregon prekindergarten program under ORS
329.170 to 329.200;
(c)
The operator or an employee of a federal Head Start program regulated by the
United States Department of Health and Human Services;
(d)
An individual in a child care facility who may have unsupervised contact with
children as identified by the division;
(e)
A contractor or an employee of the contractor who provides early childhood
special education or early intervention services pursuant to ORS 343.455 to
343.534;
(f)
A child care provider who is required to be enrolled in the Central Background
Registry by any state agency;
(g)
A contractor, employee or volunteer of a metropolitan service district
organized under ORS chapter 268 who may have unsupervised contact with children
and who is required to be enrolled in the Central Background Registry by the
metropolitan service district; or
(h)
A provider of respite services, as defined in ORS 418.205, for parents pursuant
to a properly executed power of attorney under ORS 109.056 who is providing
respite services as a volunteer with a private agency or organization that
facilitates the provision of such respite services.
(9)(a)
Information provided to a metropolitan service district organized under ORS
chapter 268 about the enrollment status of the persons described in subsection
(8)(g) of this section shall be subject to a reciprocal agreement with the
metropolitan service district. The agreement must provide for the recovery of
administrative, including direct and indirect, costs incurred by the division
from participation in the agreement. Any moneys collected under this paragraph
shall be deposited in the Child Care Fund established under ORS 657A.010.
(b)
Information provided to a private agency or organization facilitating the
provision of respite services, as defined in ORS 418.205, for parents pursuant
to a properly executed power of attorney under ORS 109.056 about the enrollment
status of the persons described in subsection (8)(h) of this section shall be
subject to an agreement with the private agency or organization. The agreement
must provide for the recovery of administrative, including direct and indirect,
costs incurred by the division from participation in the agreement. Any moneys
collected under this paragraph shall be deposited in the Child Care Fund
established under ORS 657A.010. [1997 c.431 §2; 1997 c.753 §18; 2001 c.831 §29;
2005 c.730 §29; 2009 c.348 §1; 2010 c.60 §6]
Note: The
amendments to 657A.030 by section 5, chapter 348, Oregon Laws 2009, become
operative January 1, 2014. See section 6, chapter 348, Oregon Laws 2009. The
text that is operative on and after January 1, 2014, including amendments by
section 7, chapter 60, Oregon Laws 2010, is set forth for the user’s
convenience.
657A.030.
(1) The Child Care Division of the Employment Department shall establish a
Central Background Registry.
(2)
A subject individual shall apply to and must be enrolled in the Central
Background Registry as part of the individual’s application to operate a
program or serve in a position described in subsection (8) of this section.
(3)
Upon receiving an application for enrollment in the Central Background Registry,
the division shall complete a criminal records check under ORS 181.534 and
shall complete a child protective services records check with the Department of
Human Services. The division shall enroll the individual in the registry if the
individual:
(a)
Is determined to have no criminal or child protective services history or to
have dealt with the issues and provided adequate evidence of suitability for
the registry;
(b)
Has paid the applicable fee established pursuant to ORS 657A.275; and
(c)
Has complied with the rules of the division adopted pursuant to this section.
(4)
The division may conditionally enroll an individual in the registry pending the
results of a nationwide criminal records check through the Federal Bureau of
Investigation if the individual has met other requirements of the division for
enrollment in the registry.
(5)
An enrollment in the Central Background Registry shall expire two years from
the date of enrollment and may be renewed upon application to the division,
payment of the fee established pursuant to ORS 657A.275 and compliance with
rules adopted by the division pursuant to this section. However, an individual
who is determined to be ineligible for enrollment in the registry after the
date of initial enrollment shall be removed from the registry by the division.
(6)(a)
A child care facility shall not hire or employ an individual if the individual
is not enrolled in the Central Background Registry.
(b)
Notwithstanding paragraph (a) of this subsection, a child care facility may
employ on a probationary basis an individual who is conditionally enrolled in
the Central Background Registry.
(7)
The division may adopt any rules necessary to carry out the purposes of this
section and the criminal records check program.
(8)
For purposes of this section, “subject individual” means a subject individual
as defined by the division by rule or a person who applies to be:
(a)
The operator or an employee of a child care or treatment program;
(b)
The operator or an employee of an Oregon prekindergarten program under ORS
329.170 to 329.200;
(c)
The operator or an employee of a federal Head Start program regulated by the
United States Department of Health and Human Services;
(d)
An individual in a child care facility who may have unsupervised contact with
children as identified by the division;
(e)
A contractor or an employee of the contractor who provides early childhood
special education or early intervention services pursuant to ORS 343.455 to
343.534;
(f)
A child care provider who is required to be enrolled in the Central Background
Registry by any state agency; or
(g)
A provider of respite services, as defined in ORS 418.205, for parents pursuant
to a properly executed power of attorney under ORS 109.056 who is providing
respite services as a volunteer with a private agency or organization that
facilitates the provision of such respite services.
(9)
Information provided to a private agency or organization facilitating the
provision of respite services, as defined in ORS 418.205, for parents pursuant
to a properly executed power of attorney under ORS 109.056 about the enrollment
status of the persons described in subsection (8)(g) of this section shall be
subject to an agreement with the private agency or organization. The agreement
must provide for the recovery of administrative, including direct and indirect,
costs incurred by the division from participation in the agreement. Any moneys
collected under this subsection shall be deposited in the Child Care Fund
established under ORS 657A.010.
657A.050 [1993
c.733 §3; 1995 c.278 §1; repealed by 1997 c.431 §18 and 1997 c.753 §20]
657A.060 [1993
c.674 §12; 1995 c.278 §2; 1995 c.446 §11; repealed by 1997 c.753 §20]
RESOURCE AND REFERRAL PROGRAMS
657A.100 Definition for ORS 657A.100 to
657A.190. As used in ORS 657A.100 to 657A.190 “resource
and referral agencies” means agencies with programs that provide information to
parents, including referrals and coordination of community resources for
parents and public or private providers of child care. [Formerly 418.342; 1995
c.278 §3]
657A.110 Policy.
The Legislative Assembly believes that:
(1)
Child care resource and referral programs involving a statewide network of
local resource and referral agencies coordinated centrally are essential to
long-range solutions to the child care crisis. Services may be both public and
private ventures, which meet the needs of diverse audiences including, but not
limited to:
(a)
Parents for consumer education to find, select and maintain quality child care;
(b)
Providers for access to training and consultation;
(c)
Employers for cost-effective solutions to meet the needs of their workforce;
(d)
Communities to plan effectively for improvements to the system; and
(e)
The state for the need of a productive workforce.
(2)
The state has an essential role in solving the child care crisis by becoming a
stable partner with parents, local communities, employers and private
contributors in developing solid child care resource and referral agencies for
all citizens. [Formerly 418.344]
657A.120 Services by resource and referral
agencies. Services offered by resource and
referral agencies shall include but are not limited to assistance for:
(1)
Parents in locating available and appropriate child care, including counseling
on how to choose a quality arrangement and sources of subsidies for low income
families;
(2)
Parents in locating child care during nontraditional work hours;
(3)
Parents of children with disabilities in locating available and appropriate
child care and respite care services;
(4)
Parents in locating child care for ill children;
(5)
Providers of child care programs in acquiring clients for their services;
(6)
Providers of child care programs in upgrading the quality of services offered
and business operation;
(7)
Communities in assessing and recruiting for underserved needs; and
(8)
Employers in providing assistance to employees in locating or providing child
care. [Formerly 418.346; 1995 c.278 §4; 2007 c.70 §287]
657A.130 Resource and referral agency
requirements. Each resource and referral agency shall
establish a referral process, maintain a record file of existing child care
facilities in the designated area, maintain documentation of requests, provide
consultation to parents and provide technical assistance to providers of child
care. [Formerly 418.348]
657A.140 Referrals to certified child care
facilities; access requirements. (1) Resource
and referral agencies shall make referrals to certified child care facilities.
Referrals shall be made to uncertified child care facilities only if there is
no requirement that the facility be certified.
(2)
The referral process shall:
(a)
Afford parents maximum access to all referral information. Access shall
include, but is not limited to, telephone referrals to be made available for at
least 20 hours per week of operation, including nontraditional hours.
(b)
Make every effort to be accessible to all parents within the defined geographic
area, including but not limited to any of the following:
(A)
Toll-free telephone lines;
(B)
Office space convenient to parents and providers; and
(C)
Referrals in languages which are spoken in the community.
(3)
Each child care resource and referral agency shall publicize its services
through available sources, agencies and other appropriate methods. [Formerly
418.350]
657A.150 Resource files; content.
(1) A resource file shall be maintained by resource and referral agencies to
identify the full range of existing child care services through information
provided by all relevant public and private agencies in the areas of service
and through the development of a resource file of those services which shall be
maintained and updated at least annually.
(2)
The resource file shall include, but not be limited to, the following
information:
(a)
Type of program;
(b)
Hours of service;
(c)
Ages of children served;
(d)
Fees and eligibility for services; and
(e)
Significant program information. [Formerly 418.352]
657A.160 Documentation of requests for
service. (1) Resource and referral agencies
shall maintain documentation of requests for service. The following
documentation of requests shall be maintained by resource and referral
agencies:
(a)
Number and time of calls and contacts to the child care resource and referral
agency;
(b)
Ages of children for whom care is requested;
(c)
Time category of child care requested for each child;
(d)
Special time category, such as nights, weekends and swing shift; and
(e)
The reason child care is needed.
(2)
The information shall be maintained in such a manner that it is easily
accessible for dissemination and evaluation purposes. [Formerly 418.354]
657A.170 Technical assistance to providers
of child care services. (1) Resource and referral
agencies shall provide technical assistance, with input from providers, to
existing and potential providers of all types of child care services.
Assistance shall include, but not be limited to, the following:
(a)
Information on initiating new child care services, including but not limited to
licensing, zoning, program and budget development and assistance in finding
information from other such sources;
(b)
Information and resources which shall help existing child care services
providers to maximize their ability to serve the children and parents of the
community; and
(c)
Facilitation of communication between existing child care and child-related
services providers in the community served.
(2)
Services prescribed by this section shall be provided in order to maximize
parental choice in the selection of child care and to facilitate the
maintenance and development of child care services and resources. [Formerly
418.356]
657A.180 Advisory committee; members;
duties of committee and Child Care Division. (1)
There is created an advisory committee to advise the Child Care Division on the
development and administration of child care resource and referral policies and
practices. The advisory committee shall include but not be limited to three
members of the Commission for Child Care. The Child Care Division shall, in
consultation with the advisory committee, establish criteria for proposals,
prepare requests for proposals, receive proposals and award grants for the
establishment of resource and referral programs.
(2)
The Child Care Division shall collect and report data concerning resource and
referral programs.
(3)
The local resource and referral agencies shall match grant funds in an amount
not less than 10 percent of grant funds received. Matching financial support
includes, but is not limited to, in-kind contributions.
(4)
As used in this section, “in-kind contributions” means nonmonetary
contributions that include but are not limited to:
(a)
Provision of rent-free program space;
(b)
Provision of utilities;
(c)
Provision of custodial services;
(d)
Provision of secretarial services;
(e)
Provision of liability insurance or health insurance benefits;
(f)
Administrative services; and
(g)
Transportation services. [Formerly 418.358; 1995 c.278 §5; 2003 c.293 §7]
657A.190 Criteria for renewal of program;
reallocation of funds. (1) The criteria for the renewal
of a resource and referral program shall include the following:
(a)
Current and continuous satisfactory performance as a resource and referral
agency providing the full range of services required by ORS 657A.100 to
657A.190.
(b)
Full fiscal and program compliance with contract requirements established by
the Child Care Division.
(c)
Cost effectiveness.
(d)
Extent and quality of service to the community.
(2)
The division shall reallocate any funds made available through nonrenewal of a
contract for resource and referral programs.
(3)
Satisfactory contract performance by a resource and referral agency shall be a
condition for the renewal of that contract in the subsequent fiscal year. [Formerly
418.363; 1995 c.278 §6]
CHILD CARE FACILITIES
(Generally)
657A.250 Definitions for ORS 657A.030 and
657A.250 to 657A.450. 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)
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.
(11)
“Record” means the record that is issued under ORS 657A.255 to a preschool
recorded program or under ORS 657A.257 to a school-age recorded program.
(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.
(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.
(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.
(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. [Formerly
418.805; 1995 c.278 §8; 1997 c.431 §7; 1997 c.753 §4; 1999 c.743 §1; 2003 c.293
§8; 2003 c.366 §1; 2009 c.570 §1; 2009 c.633 §7]
657A.252 Provision of care by persons
whose enrollment in registry is denied, revoked or under suspension.
(1) Notwithstanding ORS 657A.250 (4), care provided to children other than the
children of the person providing the care by a person whose enrollment in the
Central Background Registry established by ORS 657A.030 has been denied for
cause, has been revoked or is under suspension, or whose certification or
registration has been denied for cause, has been revoked or is under
suspension, or who has voluntarily surrendered the person’s certification or
registration while under investigation by the Child Care Division, is “child
care” for purposes of ORS 657A.030 and 657A.250 to 657A.450.
(2)
Notwithstanding ORS 657A.250 (5), a facility providing care for four hours or
less per day that is primarily educational to preschool children that is
operated by a person whose enrollment in the Central Background Registry
established by ORS 657A.030 has been denied for cause, has been revoked or is
under suspension, or whose certification or registration has been denied for
cause, has been revoked or is under suspension, or who has voluntarily
surrendered the person’s certification or registration while under investigation
by the Child Care Division, is a “child care facility” for purposes of ORS
657A.030 and 657A.250 to 657A.450. [2009 c.129 §2; 2011 c.9 §84]
657A.255 Preschool recorded program;
criminal background check required; fee; rules; civil penalty.
(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. [2009 c.633 §4]
657A.257 School-age recorded program;
criminal background check required; fee; rules; civil penalty.
(1) A person operating a school-age 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 school-age 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 school-age 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 school-age 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 school-age recorded program recorded under this section must post, and
provide parents with, a notice that the school-age 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 school-age
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. [2009 c.570 §4]
657A.260 Minimum standards for child care
facilities; rules. (1) After consultation with
appropriate agencies and interested persons, the Child Care Division by rule
shall establish minimum standards for child care facilities and the operation
thereof and for the administration of ORS 657A.030 and 657A.250 to 657A.450.
(2)
In establishing minimum standards of health and safety, the division shall
consult with the Oregon Health Authority and the State Fire Marshal and shall
give consideration to their recommendations and to all basic requirements for
the protection of the children to receive child care, including the criteria
prescribed in ORS 657A.290, and may adopt rules applicable to different categories
of child care facilities, considering:
(a)
The numbers and ages of the children to receive care in the child care
facility.
(b)
The number, experience and training of the staff of the child care facility.
(c)
The types and qualities of equipment and other factors in the physical plant of
the child care facility.
(d)
Any other factor affecting the care provided in the child care facility. [Formerly
418.820; 1995 c.278 §9; 1997 c.431 §8; 1997 c.753 §5; 2009 c.595 §1045]
657A.263 Emergency plan for facilities;
training; rules. (1) As used in this section:
(a)
“Certified child care facility” means a child care facility that has been
certified under ORS 657A.280 by the Child Care Division of the Employment
Department.
(b)
“Child care facility” has the meaning given that term in ORS 657A.250 (5).
(c)
“Registered child care facility” means a child care facility that has been
registered under ORS 657A.330 by the Child Care Division of the Employment
Department.
(2)
Every certified child care facility and registered child care facility shall:
(a)
Adopt a plan to provide for the safety of children who are receiving child care
at a child care facility in the event of an emergency that requires immediate
action by the staff of the facility due to conditions of imminent danger that
pose a threat to the life, health or safety of children who are receiving child
care at the facility; and
(b)
Provide training to all employees of the child care facility about the
responsibilities of the employees to implement the plan required by this
section.
(3)
The Child Care Division of the Employment Department shall adopt by rule the
requirements for the plan and training required by this section. The rules
adopted shall include, but are not limited to, procedures for the evacuation of
the children who are receiving child care at the child care facility to a place
of safety when the conditions of imminent danger require relocation of those
children. [2007 c.205 §2]
Note:
657A.263 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 657A or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
657A.270 Renewal procedure for certification
or registration. (1) A certification or
registration 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 certification or registration if the Child Care Division of the
Employment Department finds that the child care facility that is seeking
renewal of the 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 to ORS 181.534, 181.537, 657A.030 and 657A.250 to
657A.450.
(2)
Upon submission of an application for renewal in proper time, manner and form,
and payment of the required fee, the current 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. [Formerly 418.835; 1995 c.278 §10; 1997 c.431 §9; 1997 c.753 §6; 1999
c.382 §§6,7; 2001 c.104 §252; 2005 c.730 §30]
657A.275 Rules; fees and charges.
(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;
(g)
For School-Age Recorded Program Recording, $20;
(h)
For administering a class on child care abuse and neglect issues, $10; and
(i)
For enrollment in the Central Background Registry, the cost of administering
the program, including fees for:
(A)
Duplicate enrollment in the Central Background Registry;
(B)
Law Enforcement Data System criminal records check; and
(C)
Federal Bureau of Investigation fingerprint check. [1995 c.647 §2; 1997 c.431 §5;
1997 c.753 §7; 1999 c.382 §5; 1999 c.743 §3; 2003 c.293 §9; 2005 c.730 §31;
2009 c.348 §2; 2009 c.570 §2; 2009 c.633 §8]
(Certification)
657A.280 When certification required;
rules. (1) A person may not operate a child
care facility, except a facility subject to the registration requirements of
ORS 657A.330, without a certification for the facility from the Child Care
Division.
(2)
The Child Care Division shall adopt rules for the certification of a family
child care home caring for not more than 16 children. The rules shall be
specifically adopted for the regulation of certified child care facilities
operated in a facility constructed as a single-family dwelling. Notwithstanding
fire and other safety regulations, the rules that the Child Care Division
adopts for certified child care facilities shall set standards that can be met
without significant architectural modification of a typical home. In adopting
the rules, the Child Care Division may consider and set limits according to
factors including the age of children in care, the ambulatory ability of children
in care, the number of the provider’s children present, the length of time a
particular child is continuously cared for and the total amount of time a
particular child is cared for within a given unit of time.
(3)
In addition to rules adopted for and applied to a certified family child care
home providing child care for not more than 16 children, the Child Care
Division shall adopt and apply separate rules appropriate for any child care
facility that is a child care center.
(4)
Any person seeking to operate a child care facility may apply for a
certification for the facility from the Child Care Division and receive a
certification upon meeting certification requirements. [Formerly 418.810; 1995
c.278 §11; 1999 c.743 §4; 2001 c.104 §253; 2003 c.293 §10; 2005 c.408 §1]
657A.290 Qualifications of applicant for
certification. A person applying for a certification
for a child care facility shall demonstrate to the satisfaction of the Child
Care Division that:
(1)
The moral character and habits of the person will not endanger the well-being
of children for whom the person is to provide care.
(2)
The attitude of the person toward children and understanding of their needs
qualify the person to care for children.
(3)
The person is physically and mentally capable of caring for children.
(4)
The facility and its operation are adequate to protect the health, the safety
and the physical, moral and mental well-being of the children to be cared for
in the facility, including but not limited to:
(a)
Adequate staffing by suitable persons qualified by education or experience to
meet their respective responsibilities in the care of children.
(b)
Adequate physical facilities for the care of children, such as building
construction, sanitation, plumbing, heating, lighting, ventilation,
maintenance, indoor and outdoor activity areas and fire protection.
(c)
A program of activities conforming to recognized practices in the areas of
child welfare, education and physical and mental health to provide opportunity
for development and recreation.
(d)
Exclusion from the facility of individuals whose presence may be detrimental to
the welfare of children, including exclusion of any individual with a criminal
record indicating conviction of any crime which would bar the individual from
operating or being employed in a child care facility under ORS 657A.260. [Formerly
418.815; 1995 c.278 §12; 1999 c.743 §6]
657A.300 Issuance of certification;
temporary certification; division’s duties under federal programs.
(1) Upon receipt of an application for a certification, accompanied by the
required fee, the Child Care Division shall issue a certification if the
division finds that the child care facility and its operations are in
compliance with 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.
(2)
The Child Care Division may issue a temporary certification, subject to
reasonable terms and conditions, for a period not longer than 180 days to a
child care facility that does not comply with the requirements and rules if the
division finds that the health and safety of any child will not be endangered
thereby. Not more than one temporary certification shall be issued for the same
child care facility in any 12-month period.
(3)
The Child Care Division shall serve as the state agency authorized, upon
request, to certify compliance with applicable federal child care standards or
requirements by any facility providing child care in the state. [Formerly
418.825; 1995 c.278 §13; 1997 c.431 §10; 1997 c.753 §8; 1999 c.743 §7; 2005
c.730 §32]
657A.310 Application; fees; use;
certification applies only to premises and applicant; expiration date.
(1) Application for a certification or for the annual renewal thereof shall be
made to the Child Care Division on forms provided by the division and
accompanied by a nonrefundable fee. The fee shall vary according to the type of
facility and the number of children for which the facility is requesting to be
certified, and shall be determined and applied through rules adopted by the
division pursuant to ORS 657A.275.
(2)
All fees received under subsection (1) of 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.
(3)
Any certification issued pursuant to ORS 657A.030 and 657A.250 to 657A.450
authorizes operation of the facility only on the premises described in the
certification and only by the person named in the certification.
(4)
Unless sooner revoked, a temporary certification expires on the date specified
therein. Unless sooner revoked and except as provided in ORS 657A.270 (2), an
annual certification expires one year from the date of issuance. [Formerly
418.830; 1995 c.647 §3; 1997 c.431 §11; 1997 c.753 §9; 1999 c.743 §8]
(Registration)
657A.330 Registration requirements; fee;
waiver; renewal; rules; work sheet. (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;
(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 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. [1993 c.733 §2; 1995 c.278 §14; 1995 c.647 §4; 1997 c.399 §1; 1999
c.382 §8; 1999 c.743 §9; 2001 c.104 §254; 2001 c.528 §1; 2003 c.293 §11; 2005
c.730 §33; 2009 c.347 §3]
(Orientation)
657A.340 Certain child care providers
required to attend orientation; content of orientation; effect of ceasing to
provide services; cost. (1) A child care provider not
subject to certification or registration who begins providing child care
services after June 30, 2010, and who receives funds from the Department of
Human Services shall attend an orientation provided by the department or a
resource and referral agency under ORS 657A.100 to 657A.190 within 90 days of
being approved by the department to receive funds for child care services from
the department.
(2)
The orientation required by subsection (1) of this section must provide
information regarding financial resources and reimbursements available through
private or public sources and information to maximize the likelihood of
provider payments and reimbursements for child care services.
(3)
The department shall ensure that at least one orientation required by
subsection (1) of this section is offered in each department service delivery
area every quarter.
(4)
A child care provider described in subsection (1) of this section who ceases to
provide child care services for a period of one year or more must attend an
orientation under this section within 90 days of being approved by the
department to receive funds for child care services from the department.
(5)
The orientation required by subsection (1) of this section must be provided at
minimal or no cost to the child care provider.
(6)
The orientation required by subsection (1) of this section must include, but
need not be limited to, information about the following:
(a)
Department of Human Services listings, vouchers and payments;
(b)
Child care provider rights and responsibilities;
(c)
Enhanced rate training options;
(d)
Food program resources available through the United States Department of Agriculture;
and
(e)
Other resources available to child care providers. [2009 c.319 §2]
(Discipline; Enforcement)
657A.350 Denial, revocation or suspension
of certification or registration. An initial
application from a child care facility for certification or registration or a
renewal application from a child care facility for certification or
registration may be denied, or a temporary or regular certification or regular
registration may be revoked or suspended, if the Child Care Division of the
Employment Department finds:
(1)
That the facility or its operation does not comply with ORS 181.537, 657A.030
and 657A.250 to 657A.450 or with applicable rules or with any term or condition
imposed under the certification or registration; or
(2)
That visitation, on-site review or inspection of a facility or its records
authorized by ORS 657A.390 or 657A.400 has not been permitted. [Formerly
418.840; 1997 c.431 §12; 1997 c.753 §10; 1999 c.743 §12]
657A.360 Notice; hearing; decision;
judicial review. (1) Upon deciding to deny,
revoke, suspend or not to renew a certification or registration, the Child Care
Division of the Employment Department shall give notice and opportunity for
hearing as provided in ORS chapter 183.
(2)
The Child Care Division shall make the final decision and notice thereof shall
be sent by certified mail to the address of the child care facility as shown on
the records of the division. The decision of the division is reviewable by the
Court of Appeals in the manner provided in ORS 183.480 for the review of orders
in contested cases. [Formerly 418.845; 1995 c.278 §15; 1999 c.743 §13]
657A.370 Injunction.
Without the necessity of prior administrative proceedings or hearing and entry
of an order or at any time during such proceedings if they have been commenced,
the Child Care Division may institute proceedings to enjoin the operation of
any child care facility operating in violation of ORS 181.537, 657A.030 and
657A.250 to 657A.450 or the rules promulgated pursuant to ORS 181.534, 181.537,
657A.030 and 657A.250 to 657A.450. [Formerly 418.870; 1995 c.278 §16; 1997
c.431 §13; 1997 c.753 §11; 2005 c.730 §34]
(Inspection)
657A.390 Inspection; right to enter
premises and to inspect records; investigation.
(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. [Formerly
418.850; 1995 c.278 §17; 1997 c.431 §14; 1997 c.753 §12; 1999 c.743 §§14,14a;
2005 c.730 §35; 2009 c.570 §5; 2009 c.633 §9]
657A.400 Duties of Oregon Health
Authority; inspection. (1) An authorized representative
of the Oregon Health Authority may inspect the premises of a child care
facility certified under ORS 657A.280 to determine whether the facility is in
conformity with applicable laws and regulations relating to health and
sanitation.
(2)
An authorized representative of the authority shall inspect any child care
facility when requested to do so by the Child Care Division in accordance with
arrangements under ORS 657A.420 and shall submit written findings to the Child
Care Division. The Child Care Division shall not issue or renew any
certification for any child care facility for which an inspection by the
authority has been requested unless an authorized representative of the
authority submits a written finding that the facility is in compliance with
applicable laws and regulations relating to health and sanitation.
(3)
An environmental health specialist’s inspection may be performed by a private
consultant so long as the consultant is registered under ORS chapter 700. [Formerly
418.855; 1995 c.79 §334; 1995 c.278 §18; 1999 c.743 §15; 2003 c.293 §15; 2003
c.547 §116; 2009 c.595 §1046]
657A.410 When search warrant required;
procedure. (1) In the event that any authorized
representative of the Child Care Division, Oregon Health Authority or other agency
is denied access to any premises for the purpose of making an inspection in the
administration of ORS 181.537, 657A.030 and 657A.250 to 657A.450, the
representative shall not inspect the premises without a search warrant.
(2)
Application for a search warrant to inspect the premises shall be made to any
magistrate authorized to issue a warrant of arrest. The application must be
supported by an affidavit filed with the magistrate showing probable cause for
the inspection by stating the purpose and extent of the proposed inspection,
the statutes and rules which provide the basis for inspection, whether it is a
routine or periodic inspection, an on-site review or an investigation
instituted by complaint and other specific or general information concerning the
premises.
(3)
If the magistrate is satisfied that there is probable cause to believe that the
grounds of the application exist, the magistrate shall issue the search warrant
specifying the purpose and extent of the inspection, on-site review or investigation
of the premises covered by the warrant. [Formerly 418.860; 1997 c.431 §15; 1997
c.753 §13; 1999 c.743 §16; 2009 c.595 §1047]
657A.420 Cooperative agreements to inspect
premises. The Child Care Division may enter into
cooperative arrangements with the Oregon Health Authority, the State Fire
Marshal and other public agencies for the provision of services in the
inspection of child care facilities in the administration of ORS 181.537,
657A.030 and 657A.250 to 657A.450. The arrangements shall designate which
services shall be reimbursed and the rate and manner of reimbursement. [Formerly
418.865; 1995 c.278 §19; 1997 c.431 §16; 1997 c.753 §14; 2001 c.900 §214; 2009
c.595 §1048]
(Collective Bargaining)
657A.430 Rights of family child care
providers to join labor organizations; state as employer for collective
bargaining purposes. (1) As used in this section:
(a)
“Certified family child care provider” means an individual who operates a
family child care home that is certified under ORS 657A.280.
(b)
“Child care subsidy” means a payment made by the state on behalf of eligible
children for child care services provided for periods of less than 24 hours in
a day.
(c)
“Exempt family child care provider” means an individual who provides child care
services in the home of the individual or in the home of the child, whose
services are not required to be certified or registered under ORS 657A.250 to
657A.450 and who receives a child care subsidy.
(d)
“Family child care provider” means an individual who is a certified, registered
or exempt family child care provider.
(e)
“Registered family child care provider” means an individual who operates a
family child care home that is registered under ORS 657A.330.
(2)
For purposes of collective bargaining under ORS 243.650 to 243.782, the State
of Oregon is the public employer of record of family child care providers.
(3)
Notwithstanding ORS 243.650 (19), family child care providers are considered to
be public employees governed by ORS 243.650 to 243.782. Family child care
providers have the right to form, join and participate in the activities of
labor organizations of their own choosing for the purpose of representation and
collective bargaining on matters concerning labor relations. These rights shall
be exercised in accordance with the rights granted to public employees, with
mediation and interest arbitration under ORS 243.742 as the method of
concluding the collective bargaining process. Family child care providers may
not strike.
(4)
Notwithstanding subsections (2) and (3) of this section, family child care
providers are not for any other purpose employees of the State of Oregon or any
other public body.
(5)
The Oregon Department of Administrative Services shall represent the State of
Oregon in collective bargaining negotiations with the certified or recognized
exclusive representatives of all appropriate bargaining units of family child
care providers. The Oregon Department of Administrative Services is authorized
to agree to terms and conditions of collective bargaining agreements on behalf
of the State of Oregon.
(6)
Notwithstanding ORS 243.650 (1):
(a)
The appropriate bargaining unit for certified and registered family child care
providers is a bargaining unit of all certified and registered family child
care providers in the state.
(b)
The appropriate bargaining unit for exempt family child care providers is a
bargaining unit of all exempt family child care providers in the state.
(7)
This section does not modify any right of a parent or legal guardian to choose
and terminate the services of a family child care provider. [2007 c.563 §2]
(Miscellaneous)
657A.440 Application of zoning ordinances
to registered or certified family child care homes.
(1) A registered or certified family child care home shall be considered a
residential use of property for zoning purposes. The registered or certified
family child care home shall be a permitted use in all areas zoned for
residential or commercial purposes, including areas zoned for single-family
dwellings. A city or county may not enact or enforce zoning ordinances
prohibiting the use of a residential dwelling, located in an area zoned for
residential or commercial use, as a registered or certified family child care
home.
(2)
A city or county may impose zoning conditions on the establishment and
maintenance of a registered or certified family child care home in an area
zoned for residential or commercial use if the conditions are no more
restrictive than conditions imposed on other residential dwellings in the same
zone.
(3)
A county may:
(a)
Allow a registered or certified family child care home in an existing dwelling
in any area zoned for farm use, including an exclusive farm use zone
established under ORS 215.203;
(b)
Impose reasonable conditions on the establishment of a registered or certified
family child care home in an area zoned for farm use; and
(c)
Allow a division of land for a registered or certified family child care home
in an exclusive farm use zone only as provided in ORS 215.263 (9).
(4)
This section applies only to a registered or certified family child care home
where child care is offered in the home of the provider to not more than 16
children, including children of the provider, regardless of full-time or
part-time status. [Formerly 418.817; 1995 c.278 §20; 1999 c.743 §17; 2001 c.704
§6; 2003 c.293 §12; 2005 c.408 §2]
657A.450 Assistance to staff of facility.
The Child Care Division may consult with, advise or train the staffs of child
care facilities or other interested persons concerning child care programs. [Formerly
418.885; 1995 c.278 §21]
657A.460 Separate sleeping quarters not
required for certain persons providing child care or babysitting services;
exemption from age group segregation requirements.
Notwithstanding any other provision of law, children of any person providing
babysitting or child care services within the person’s own home shall not be
required to sleep in any area other than their normal sleeping quarters. Such
children related by blood within the first degree of consanguinity shall not be
segregated by age grouping while in the care of a person providing babysitting
or child care services if the parents request exemption from the operation of
any statute or rule requiring such segregation or separation by age. [Formerly
418.890; 1995 c.278 §22]
CHILD CARE PROVIDER TRAINING
657A.490 Child care provider training
program; fees; rules. If the Department of Education
is able to find adequate funding under ORS 657A.493, the department, in
partnership with organizations including, but not limited to, the Institute on
Violence and Destructive Behavior at the University of Oregon, the Child Care
Division of the Employment Department, the State Commission on Children and
Families and the Oregon Center for Career Development in Childhood Care and
Education:
(1)
Shall establish, in coordination with existing training systems, a statewide
child care provider training program that will educate child care providers on:
(a)
The importance of healthy brain development in the first three years of a child’s
life.
(b)
The identification of risk factors and behaviors that indicate that a child:
(A)
Needs special education or mental health treatment; or
(B)
Is at risk of becoming involved in the criminal justice system.
(c)
Appropriate referrals for intervention for the behaviors identified under
paragraph (b) of this subsection.
(2)
Shall establish an application process for child care providers who wish to
attend the program and may charge child care providers a fee for attending the
program.
(3)
May adopt any rules necessary to implement this section. [1999 c.992 §1]
Note:
657A.490 and 657A.493 were enacted into law by the Legislative Assembly but
were not added to or made a part of ORS chapter 657A or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
657A.493 Funds for training program.
The Department of Education shall seek funds from public and private sources to
implement and operate the child care provider training program established
under ORS 657A.490. [1999 c.992 §2]
Note: See
note under 657A.490.
657A.500
[Formerly 418.900; repealed by 2001 c.295 §17]
657A.510
[Formerly 418.905; 1995 c.278 §23; repealed by 2001 c.295 §17]
657A.520
[Formerly 418.910; 1995 c.278 §24; repealed by 2001 c.295 §17]
657A.530
[Formerly 418.915; repealed by 2001 c.295 §17]
COMMISSION FOR CHILD CARE
657A.600 Commission for Child Care;
report. (1) The Commission for Child Care is
created within the Employment Department to address the issues, problems and
alternative solutions that are critical to the development of accessible,
affordable and quality child care services.
(2)
The commission shall submit to the Governor at the commencement of each
biennium a report containing the concerns and issues which have been identified
pursuant to the terms of ORS 182.105 and 657A.600 to 657A.630, and further
identifying the programs, projects and activities which the commission will
undertake regarding those issues. [1985 c.753 §1; 1993 c.344 §25; 1995 c.278 §25]
657A.610 Members; terms; officers; duties.
(1) The Commission for Child Care shall be comprised of 18 members, to include
three representatives from the Legislative Assembly, one appointed by the
President of the Senate and two appointed by the Speaker of the House of
Representatives who shall serve as nonvoting members on matters other than
those described in ORS 657A.600. Fifteen voting members shall be appointed as
follows:
(a)
Two persons who provide or engage in the provision of child care services at a
child care facility certified or registered under ORS 657A.030 and 657A.250 to
657A.460, one of whom must be a trainer of child care facility employees,
appointed by the Governor;
(b)
Two persons who are representatives of state or local government, one of whom
is appointed by the Speaker of the House of Representatives and one by the
President of the Senate;
(c)
One person who is qualified by education or experience to render an opinion
with regard to the tax and legal issues concerning child care appointed by the
Governor;
(d)
One person who is representative of for-profit businesses appointed by the
President of the Senate;
(e)
One person who is representative of not-for-profit businesses appointed by the
Speaker of the House of Representatives;
(f)
One person who is representative of labor appointed by the Speaker of the House
of Representatives;
(g)
One person who is representative of the business community appointed by the
Governor;
(h)
Two persons who are members at large appointed by the Governor;
(i)
One person whose profession involves the physical and mental well-being of
children appointed by the Governor;
(j)
Two persons who are consumers of child care, as defined in ORS 657A.250, one of
whom is receiving or is qualified to receive state-subsidized child care
assistance, one appointed by the Speaker of the House of Representatives and
one by the President of the Senate; and
(k)
One person who is a representative of a child care resource and referral agency
appointed by the Governor.
(2)
Appointed members shall serve for three-year terms. Legislators shall serve
two-year terms.
(3)
The Governor shall designate the chairperson of the commission to serve for a
term of one year.
(4)
Members shall meet at the call of the chairperson no more than once every 30
days.
(5)
Consistent with Oregon law, the Child Care Division on behalf of the commission
may receive and accept grants, gifts and other funds and disburse such grants,
gifts or other funds for purposes consistent with the purposes of the
commission.
(6)
The commission shall make recommendations to the Director of the Employment
Department regarding staffing or contracting for staff services necessary to
assist the commission in the performance of its duties. [1985 c.753 §2; 1989
c.121 §3; 1991 c.67 §108; 1993 c.344 §26; 1995 c.278 §26; 1999 c.743 §18; 2001
c.91 §1]
657A.620 Expenses; legislator compensation
and expenses. (1) Members of the Commission for Child
Care who are not members of the Legislative Assembly shall receive no
compensation for their services, but subject to the availability of funds
therefor are entitled to reimbursement for actual and necessary travel expenses
incurred in the performance of their duties. Such expenses shall be paid from the
budget of the commission or from member agency accounts subject to applicable
state law. Members of ad hoc committees shall not receive such compensation.
(2)
Members of the commission who are members of the Legislative Assembly shall be
paid compensation and expense reimbursement as provided in ORS 171.072, payable
from funds appropriated to the Legislative Assembly. [1985 c.753 §4; 1987 c.879
§19]
657A.630 Committees.
(1) The commission may establish ad hoc committees to study specific areas and
make periodic reports to the commission.
(2)
The chairpersons of such ad hoc committees shall be appointed by the
chairperson of the commission, subject to approval by the commission.
(3)
Membership on ad hoc committees shall not be limited to members of the
commission.
(4)
The period during which an ad hoc committee may function shall be determined at
the time of its creation by the commission according to the nature of the study
and project undertaken.
(5)
Members of the ad hoc committees shall be designated as consultants to the full
commission. [1985 c.753 §3]
657A.640 Commission for Child Care
Account. There is created within the General
Fund, the Commission for Child Care Account, to which shall be credited
Miscellaneous Receipts collected or received by the Commission for Child Care.
Moneys in the account are continuously appropriated for purposes consistent
with the creation of the commission. [1989 c.110 §4]
CHILD CARE TAX CREDIT PROGRAM
657A.700 Definitions for ORS 657A.700 to
657A.718. As used in ORS 657A.700 to 657A.718:
(1)
“Child care provider” means a provider, for compensation, of care, supervision
or guidance to a child on a regular basis in a center or in a home other than
the child’s home. “Child care provider” does not include a person who is the
child’s parent, guardian or custodian.
(2)
“Community agency” means a nonprofit agency that:
(a)
Provides services related to child care, children and families, community
development or similar services; and
(b)
Is eligible to receive contributions that qualify as deductions under section
170 of the Internal Revenue Code.
(3)
“High quality child care” means child care that meets standards for high
quality child care established or approved by the Commission for Child Care.
(4)
“Qualified contribution” means a contribution made by a taxpayer to the Child
Care Division of the Employment Department or a selected community agency for
the purpose of promoting child care, and for which the taxpayer will receive a
tax credit certificate under ORS 657A.706.
(5)
“Tax credit certificate” means a certificate issued by the Child Care Division
to a taxpayer to qualify the taxpayer for a tax credit under ORS 315.213.
(6)
“Tax credit marketer” means an individual or entity selected by the Child Care
Division to market tax credits to taxpayers. [2001 c.674 §3; 2003 c.473 §1]
Note:
657A.700 to 657A.718 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 657A or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
657A.703 Program established; purposes.
(1) The Child Care Division of the Employment Department, in collaboration with
an advisory committee established by the Child Care Division, shall establish a
program to:
(a)
Allocate tax credit certificates to taxpayers that make qualified contributions
to the Child Care Division; and
(b)
Distribute to child care providers moneys from qualified contributions and
other contributions.
(2)
The purposes of the program are to:
(a)
Encourage taxpayers to make contributions to the Child Care Division by
providing a financial return on qualified contributions and by soliciting other
contributions.
(b)
Achieve specific and measurable goals for targeted communities and populations.
(c)
Set standards for the child care industry concerning the cost of providing
quality, affordable child care.
(d)
Strengthen the viability and continuity of child care providers while making
child care more affordable for low and moderate income families. [2001 c.674 §4;
2003 c.473 §2]
Note: See
note under 657A.700.
657A.706 Program implementation; community
agency applications; tax credit certificates; rules.
(1) For the purpose of implementing the program established under ORS 657A.703,
the Child Care Division of the Employment Department, in collaboration with an
advisory committee established by the Child Care Division, shall:
(a)
Adopt rules.
(b)
Select a tax credit marketer who agrees to market tax credits to taxpayers.
(c)
Identify child care goals that are consistent with the purposes provided in ORS
657A.703 (2). The goals identified under this paragraph shall take into account
state resources and needs.
(d)
Develop by rule the application process an entity must complete to be
designated as a community agency under ORS 657A.700 to 657A.718, and any
process for the renewal of that designation.
(e)
Select one or more community agencies.
(f)
Enter into an agreement with each selected community agency to perform the functions
specified in ORS 657A.715.
(g)
Determine the total value of moneys to be available to each selected community
agency to distribute to providers based on goals identified under paragraph (c)
of this subsection, and distribute those moneys in the manner provided in ORS
657A.712 to the selected community agencies. The total value of moneys
available to all selected community agencies in this state may not exceed the
amount of contributions received from taxpayers during the tax year minus any
reasonable administrative costs incurred by the Child Care Division and the
selected community agencies.
(2)
The Child Care Division may adopt rules that establish a fixed percentage that
is less than 100 percent by which the amount contributed by a taxpayer will be
certified for a tax credit by the division. The purpose of the grant of
rulemaking authority under this subsection is to permit the division to
calibrate the amount of the tax credit to interpretations of the deductibility
of qualified contributions under section 170 of the Internal Revenue Code for
federal tax purposes.
(3)(a)
The Child Care Division shall issue tax credit certificates in the
chronological order in which the contributions are received by the division.
The division shall issue tax credit certificates to contributors until the
total value of all certificates issued by the division for the calendar year
equals $500,000. Each issued certificate shall state the value of the
contribution being certified as eligible for the tax credit allowed under ORS
315.213. Except as provided in rules adopted under subsection (2) of this
section, the certified value shall equal the amount of the contribution.
(b)
The Child Care Division may not issue a tax credit certificate to a taxpayer to
the extent the credit value to be certified, when added to the total credit
value previously certified by the Child Care Division under paragraph (a) of
this subsection for the calendar year exceeds $500,000.
(c)
The Child Care Division shall send a copy of all tax credit certificates issued
under this section to the Department of Revenue.
(d)
Qualified contributions shall be deposited in the Child Care Fund.
(4)
A taxpayer that receives a notice of denial of a tax credit certificate or that
receives a tax credit certificate issued for an amount that is less than the
amount contributed may request a refund for the amount contributed within 90
days of the Child Care Division’s denial or issuance of the certificate. The
Child Care Division must send notice of a denial or changed amount and refund
the amount for which a tax credit will not be granted within 30 days after
receiving the request. The refund shall be made from the Child Care Fund.
(5)
The Child Care Division may establish by rule any other provisions required to
implement the program established under ORS 657A.700 to 657A.718. [2001 c.674 §5;
2003 c.473 §3]
Note: See
note under 657A.700.
657A.709 Community agency selection.
(1) In selecting a community agency under ORS 657A.706, the Child Care Division
of the Employment Department shall consider:
(a)
A prospective agency’s financial soundness, net worth, cash flow and accounting
capacity to manage the tax credit program;
(b)
A prospective agency’s demonstrated ability to serve low and moderate income families;
(c)
The degree to which the governing board of the prospective agency is
representative of the community in which the agency is located, has a low
turnover rate of board members, has experience with financial matters and has a
demonstrated history of collaboration with other community agencies; and
(d)
The experience and expertise of the executive or managing officer and staff of
the prospective agency in child care business management and small business
development.
(2)
The division shall select the community agency that, in the judgment of the
division and based on the criteria set forth in subsection (1) of this section,
will best serve the interests of the community for which it is selected. [2001
c.674 §6; 2003 c.473 §4]
Note: See
note under 657A.700.
657A.712 Revenue distribution to community
agencies; disbursement to child care providers; rules.
(1) The Child Care Division of the Employment Department shall distribute
revenues in the Child Care Fund that are derived from contributions, minus the
amounts needed to make refunds under ORS 657A.706 (4) and to cover expenses of
the Child Care Division in administering ORS 657A.700 to 657A.718.
(2)
Distributions shall be made to community agencies selected under ORS 657A.706
in the proportion that the Child Care Division determines best promotes the
provision of child care in this state.
(3)
Moneys distributed to selected community agencies shall be disbursed to child
care providers, consistent with rules adopted by the Child Care Division relating
to the disbursement of moneys by selected community agencies. The Child Care
Division shall consider the factors described in ORS 657A.715 (2)(h) when
adopting rules under this subsection. [2001 c.674 §6a; 2003 c.473 §5]
Note: See
note under 657A.700.
657A.715 Community agency duties;
disbursement of moneys to child care providers.
(1) Each community agency selected under ORS 657A.706 shall disburse moneys to
child care providers, pursuant to ORS 657A.712 and rules adopted thereunder.
(2)
A selected community agency must:
(a)
Coordinate an application process by which persons may apply to be
participating providers;
(b)
Enter into agreements with participating providers under which the duties and
responsibilities of participating providers and the community agency are
stated;
(c)
Provide or coordinate required training for participating providers;
(d)
Monitor participating providers, through visits to providers and otherwise;
(e)
Oversee the process by which a participating provider verifies the income of a
family and establishes the total child care fee charged to a family;
(f)
Report on participating provider compliance with ORS 657A.718 and other
applicable requirements to contributors and the Child Care Division of the
Employment Department;
(g)
Establish a maximum family income level for the region for purposes of the
child care fee limitation to which participating providers are subject under
ORS 657A.718 (1)(g); and
(h)
Determine, consistently with rules adopted by the Child Care Division, the
amount of moneys to be disbursed to a participating provider based on the
incomes of the families the provider serves, the child care fees the provider
charges and the actual cost to the provider of providing quality, affordable
child care.
(3)(a)
A selected community agency must distribute to participating child care
providers all moneys that are available to the agency as a result of the
determination made by the Child Care Division under ORS 657A.706 (1)(g). Each
selected community agency shall distribute a substantial portion of the moneys
to participating child care providers that are home-based businesses.
(b)
Distributions shall be based on the actual costs of providing quality,
affordable child care in the community for which distributions are being made,
including training costs, operating costs and wages.
(4)
For the purpose of making distributions to child care providers, a selected
community agency shall identify child care providers in the community that meet
the requirements of ORS 657A.718. The selected community agency may develop a
process through which child care providers apply to receive distributions of
moneys from contributions made by taxpayers. [2001 c.674 §7; 2003 c.473 §6]
Note: See
note under 657A.700.
657A.718 Child care provider requirements;
selection. (1) Each selected community agency
shall select participating child care providers that meet the following
requirements:
(a)
If a home-based business, the provider must enter into an agreement with the
community agency to continue to provide child care services for at least an
additional two years.
(b)
If a home-based business, the provider must serve at least two families that
have incomes that are 85 percent or less of the median income for the region.
If a center, at least 25 percent of the families the provider serves must have
incomes that are 85 percent or less of the median income for the region.
(c)
The provider must accept children for whom child care is paid for through a
Department of Human Services subsidy.
(d)
The provider and the employees of the provider must provide high quality child
care.
(e)
The provider, if the provider is an individual, and the employees of the
provider must comply with Child Care Division rules and requirements for
registration or certification.
(f)
The provider must maintain adequate liability insurance, financial records and
parent policies and contracts, and permit the selected community agency to
conduct visits.
(g)
For care provided to children of families whose income does not exceed the
level established by the selected community agency under ORS 657A.715 (2)(g),
the provider must agree to limit the total child care fees charged to a family
to a percentage established by the Child Care Division by rule.
(2)
In selecting participating child care providers, selected community agencies
must give preference to providers that provide child care to low and moderate
income families. [2001 c.674 §8; 2003 c.473 §7]
Note: See
note under 657A.700.
PENALTIES
657A.990 Criminal penalty.
A person who violates ORS 657A.280 commits a Class A misdemeanor. Each day of
violation is a separate offense. [Formerly part of 418.990]
657A.992 Suspension; revocation; civil
penalty; rules; deposit into Child Care Fund. (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.
(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. [2009 c.347 §1]
Note:
657A.992 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 657A or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
_______________