Chapter 329A — Child Care
2023 EDITION
CHILD CARE
EDUCATION AND CULTURE
DUTIES OF DEPARTMENT OF EARLY LEARNING AND CARE RELATED TO CHILD CARE
329A.010 Implementation of child care laws by department; child care information
329A.020 Duties of department related to child care; rules
329A.025 Information sharing with state agencies; rules
329A.030 Central Background Registry; rules
(Temporary provisions relating to the employment of individuals in recorded programs who are not enrolled in the Central Background Registry are compiled as notes following ORS 329A.030)
RESOURCE AND REFERRAL SYSTEM
329A.100 “Resource and referral system” defined for ORS 329A.100 to 329A.135
329A.110 Policy
329A.120 Services by resource and referral entities
329A.130 Resource and referral entities required to match funds; rules
329A.135 Duties of department related to resource and referral system
CHILD CARE FACILITIES
(Generally)
329A.250 Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500
329A.252 Provision of care by persons whose record, certification or registration or enrollment in registry is denied, revoked or suspended
329A.255 Preschool recorded program and school-age recorded program; criminal background check required; fee; rules; civil penalty
329A.260 Minimum standards for child care facilities; rules
329A.261 Development of quality recognition and improvement system
329A.263 Emergency plan for facilities; training; rules
329A.270 Renewal procedure for certification or registration
329A.273 Child Care Fund
329A.275 Rules; fees and charges
(Certification)
329A.280 When certification required; rules
329A.290 Qualifications of applicant for certification
329A.300 Issuance of certification; temporary certification; conditions on certification; department’s duties under federal programs
329A.310 Application; fees; use; certification applies only to premises and applicant; expiration date
(Registration)
329A.330 Registration requirements; fee; waiver; renewal; conditions on registration; rules; work sheet
(Orientation)
329A.340 Certain child care providers required to attend orientation; content of orientation; effect of ceasing to provide services; cost
(Discipline; Investigation; Inspection; Enforcement)
329A.342 Jurisdiction
329A.344 Cease and desist order
329A.346 Progressive enforcement system; rules
329A.348 Interference with disclosure of information
329A.350 Denial, revocation or suspension of certification or registration
329A.360 Notice; hearing; decision; judicial review
329A.370 Injunction
329A.390 Inspection; right to enter premises and to inspect records; investigation; rules
329A.400 Duties of Oregon Health Authority; inspection
329A.410 When search warrant required; procedure
329A.420 Cooperative agreements to inspect premises
(Collective Bargaining)
329A.430 Rights of family child care providers to join labor organizations; state as employer for collective bargaining purposes
(Miscellaneous)
329A.440 Application of land use regulations to family child care homes
329A.450 Assistance to staff of facility
329A.460 Separate sleeping quarters not required for certain persons providing child care or babysitting services; exemption from age group segregation requirements
(Temporary provisions relating to pilot program to develop sustainable model for micro centers are compiled as notes following ORS 329A.460)
EMPLOYMENT RELATED DAY CARE
329A.500 Employment Related Day Care subsidy program and other subsidy programs; rules
329A.505 Inspection; right to enter premises and to inspect records; investigation; rules
WORKFORCE
329A.525 Standards and processes for international early childhood professionals; rules
(Temporary provisions relating to independent study to identify barriers to a high quality childhood workforce are compiled as notes following ORS 329A.525)
EARLY CHILDHOOD SUSPENSION AND EXPULSION PREVENTION
329A.600 Early Childhood Suspension and Expulsion Prevention Program; rules
(Temporary provisions on study on suspension and expulsion in early childhood care and education programs are compiled as notes following ORS 329A.600)
329A.625 Prohibition on suspending or expelling child from program
CHILD CARE TAX CREDIT PROGRAM
329A.700 Definitions for ORS 329A.700 to 329A.712
329A.703 Program established; purposes
329A.706 Program implementation; tax credit certificates; rules
329A.712 Revenue distribution to child care providers
EARLY LEARNING AND CARE INFRASTRUCTURE FUNDING
329A.720 Findings
329A.723 Definitions for ORS 329A.720 to 329A.732
329A.725 Child Care Infrastructure Fund
329A.727 Allowable costs; rules
329A.730 Nonprofit grants; rules
329A.732 Technical assistance
FEDERAL MONEYS
329A.750 Department of Early Learning and Care responsible for administering federal funds
PENALTIES
329A.990 Criminal penalty
329A.992 Suspension; revocation; civil penalty; rules; injunctive relief
329A.994 Civil penalty for interference with disclosure of information
DUTIES OF DEPARTMENT OF EARLY LEARNING AND CARE RELATED TO CHILD CARE
329A.010 Implementation of child care laws by department; child care information. (1) For the purpose of implementing the provisions of ORS chapter 329A, the Department of Early Learning and Care shall comply with the rules of the Early Learning Council and may act through any division or office of the department.
(2) The department may maintain information about child care facilities and providers through electronic records systems.
(3) Except as otherwise prohibited by state or federal law, the department may share information with other public entities when the department determines that sharing the information would support the health or safety of children in child care. [Formerly 657A.010; 2017 c.617 §1; 2021 c.631 §37; 2022 c.27 §§8,9; 2023 c.554 §4]
329A.020 Duties of department related to child care; rules. (1) The Department of Early Learning and Care staff shall provide technical assistance, linkage of local agencies, data collection and monitoring related to child care.
(2) The department shall continually monitor and disseminate information about federal and charitable child care programs for the purposes of ORS 329A.100 to 329A.135.
(3) The department shall maintain a website that provides information regarding certified and registered child care facilities and subsidized care facilities, as defined in ORS 329A.250.
(4) The Early Learning Council, in consultation with the department, shall adopt rules to implement the provisions of this section. [Formerly 657A.020; 2017 c.617 §2; 2023 c.554 §7]
329A.025 Information sharing with state agencies; rules. The Early Learning Council shall adopt rules, policies and standards to promote information sharing between the Department of Early Learning and Care, the Department of Human Services and any other state agency providing support to families and children. [2018 c.115 §14; 2023 c.554 §8]
Note: 329A.025 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
329A.030 Central Background Registry; rules. (1) The Department of Early Learning and Care shall establish a Central Background Registry and may maintain information in the registry through electronic records systems.
(2)(a) A subject individual described in subsection (11)(a), (c) or (d) of this section shall apply to and must be enrolled in the Central Background Registry prior to the provision of care.
(b) An individual who has been the subject of a founded or substantiated report of child abuse shall apply to and must be enrolled in the Central Background Registry prior to providing any of the types of care identified in ORS 329A.250 (4)(b)(A), (E) or (F) if:
(A) The child abuse occurred on or after January 1, 2017, and involved a child who died or suffered serious physical injury, as defined in ORS 161.015; or
(B) The child abuse occurred on or after September 1, 2019, and involved any child for whom the individual was providing child care, as defined in ORS 329A.250 (4), or care identified in ORS 329A.250 (4)(b)(A), (C), (E), (F) or (G).
(c) Notwithstanding paragraph (a) of this subsection, an individual described in paragraph (b)(B) of this subsection is not required to enroll in the Central Background Registry if more than seven years has elapsed since the date of the child abuse determination.
(3)(a) Upon receiving an application for enrollment in the Central Background Registry, the department shall complete:
(A) A criminal records check under ORS 181A.195;
(B) A criminal records check of other registries or databases in accordance with rules adopted by the Early Learning Council;
(C) A child abuse and neglect records check in accordance with rules adopted by the council; and
(D) A foster care certification check and an adult protective services check in accordance with rules adopted by the council.
(b) In addition to the information that the department is required to check under paragraph (a) of this subsection, the department may consider any other information obtained by the department that the department, based on rules adopted by the Early Learning Council, determines is relevant to enrollment in the Central Background Registry.
(4) The department shall enroll the individual in the Central Background Registry if the individual:
(a) Is determined to have no criminal, child abuse and neglect, negative adult protective services or negative foster home certification 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 329A.275; and
(c) Has complied with the rules of the Early Learning Council adopted pursuant to this section.
(5)(a) Notwithstanding subsections (3) and (4) of this section, the department may not enroll an individual in the Central Background Registry if:
(A) The individual has a disqualifying condition as defined in rules adopted by the council; or
(B) The individual is an exempt prohibited individual, as provided by ORS 329A.252, unless the individual qualifies for limited enrollment pursuant to rules adopted by the Early Learning Council.
(b) If an individual prohibited from enrolling in the registry as provided by this subsection is enrolled in the registry, the department shall remove the individual from the registry.
(6)(a) The department may conditionally enroll an individual in the Central Background Registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has successfully completed the criminal records check and the child abuse and neglect records check in this state and in the state of the individual’s residence, if other than Oregon.
(b) The department may enroll an individual in the registry subject to limitations identified in rules adopted by the council.
(7) The department may grant limited enrollment in the Central Background Registry to a subject individual who is a relative caretaker of a child for whom care is provided in a subsidized care facility, regardless of whether the individual was previously denied enrollment in the Central Background Registry, if the individual otherwise meets the criteria established in rule by the Early Learning Council.
(8) An enrollment in the Central Background Registry may be renewed upon application to the department, payment of the fee established pursuant to ORS 329A.275 and compliance with rules adopted by the Early Learning Council 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 or suspended from the registry by the department.
(9)(a) A child care facility, preschool recorded program or school-age recorded program may 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, preschool recorded program or school-age recorded program may employ on a probationary basis an individual who is conditionally enrolled in the Central Background Registry.
(10) The Early Learning Council may adopt any rules necessary to carry out the purposes of this section, including but not limited to rules regarding expiration and renewal periods and limitations related to the subject individual’s enrollment in the Central Background Registry.
(11) As used in this section, “subject individual” means:
(a) A subject individual as defined by the Early Learning Council by rule;
(b) An individual subject to subsection (2)(b) of this section;
(c) 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 a provider under the Oregon Prenatal to Kindergarten Program under ORS 329.172 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, preschool recorded program or school-age recorded program who may have unsupervised contact with children, as determined by the council by rule;
(E) A contractor or an employee of the contractor who:
(i) Provides early childhood special education or early intervention services pursuant to ORS 343.455 to 343.534; and
(ii) Is not subject to the criminal records check requirements of ORS 326.603 or 342.223;
(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;
(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;
(I) The operator or an employee of an early learning program as defined in rules adopted by the council; or
(J) The operator or an employee of a preschool recorded program or a school-age recorded program; or
(d)(A) An individual who operates a subsidized care facility;
(B) An individual who has attained 18 years of age and resides in a subsidized care facility; or
(C) An individual in a subsidized care facility who has attained 18 years of age and who may have unsupervised contact with children, as determined by the council by rule.
(12)(a) Information provided to a metropolitan service district organized under ORS chapter 268 about the enrollment status of the persons described in subsection (11)(c)(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 department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273.
(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 (11)(c)(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 department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273.
(c) Information provided to a private agency or organization about the enrollment status of the persons described in subsection (11)(c)(I) 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 department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273. [Formerly 657A.030; 2017 c.616 §1; 2018 c.115 §1; 2019 c.187 §1; 2019 c.679 §2; 2021 c.343 §1; 2021 c.369 §8; 2022 c.27 §26; 2022 c.90 §1; 2023 c.547 §§18,19; 2023 c.554 §§9,10; 2023 c.592 §§36,37]
Note: Section 28, chapter 27, Oregon Laws 2022, provides:
Sec. 28. (1)(a) The amendments to ORS 329A.030, 329A.250, 329A.500 and 329A.992 by sections 22 to 27, chapter 27, Oregon Laws 2022, apply to subsidized care facilities providing subsidized care under ORS 329A.500 on or after July 1, 2023.
(b) On or after July 1, 2023, a subject individual described in ORS 329A.030 (11)(d) must enroll in the Central Background Registry under ORS 329A.030 for the purpose of the Employment Related Day Care subsidy program.
(2) Notwithstanding subsection (1) of this section and ORS 329A.030 (2)(a), as amended by section 26, chapter 27, Oregon Laws 2022:
(a) A subject individual described in ORS 329A.030 (11)(d) who was approved before July 1, 2023, as a provider of care by the Department of Human Services for the purposes of the Employment Related Day Care subsidy program is not required to enroll in the Central Background Registry until the earlier of the expiration of a child care background check or June 30, 2025.
(b) Until July 1, 2023, a subject individual described in ORS 329A.030 (11)(d) who is seeking initial approval or renewed approval as a provider of care for purposes of the Employment Related Day Care subsidy program may choose to enroll in the Central Background Registry under ORS 329A.030 or may seek a child background check through the Department of Human Services.
(3) For the purpose of transferring the Employment Related Day Care subsidy program from the Department of Human Services to the Department of Early Learning and Care, as provided by section 79, chapter 631, Oregon Laws 2021, the Department of Human Services and the Early Learning Council shall adopt rules that provide:
(a) Until July 1, 2023, the Department of Human Services shall accept an individual’s enrollment in the Central Background Registry as satisfying any requirement for background checks for the Employment Related Day Care subsidy program.
(b) Until July 1, 2023, the Office of Child Care shall accept the Department of Human Services’ background check of an individual for the purposes of the Employment Related Day Care subsidy program as satisfying the requirements of the Central Background Registry.
(c) From July 1, 2023, until July 1, 2025, the Department of Early Learning and Care shall accept the Department of Human Services’ background check of an individual for the purposes of the Employment Related Day Care subsidy program as satisfying the requirements of the Central Background Registry.
(4) No later than July 1, 2023, the Department of Human Services shall transfer copies of all files necessary for the Office of Child Care to provide background checks for individuals described in ORS 329A.030 (11)(d). [2022 c.27 §28; 2023 c.554 §60]
(Temporary provisions relating to the employment of individuals in recorded programs who are not enrolled in the Central Background Registry)
Note: Sections 11 and 13, chapter 90, Oregon Laws 2022, provide:
Sec. 11. (1) As used in this section and section 12 of this 2022 Act, “recorded program” means a preschool recorded program or a school-age recorded program, as those terms are defined in ORS 329A.250.
(2) Notwithstanding ORS 329A.030 and subject to subsection (4) of this section, a recorded program may continue to employ an individual who is not enrolled in the Central Background Registry on January 1, 2023, if:
(a) The individual was employed by the recorded program on and before January 1, 2023; and
(b) The recorded program completed a criminal background check for the individual before January 1, 2023.
(3) Notwithstanding ORS 329A.030 and subject to subsection (4) of this section, a recorded program may continue to allow an individual who may have unsupervised contact with children to volunteer in the recorded program even though the individual is not enrolled in the Central Background Registry on January 1, 2023, if:
(a) The individual was volunteering in the recorded program on and before January 1, 2023; and
(b) The recorded program completed a criminal background check for the individual before January 1, 2023.
(4) A recorded program may not continue to employ or allow an individual to volunteer in the recorded program as provided in subsection (2) or (3) of this section if:
(a) The individual fails to submit a complete application for enrollment in the Central Background Registry on or before June 30, 2023; or
(b) The Department of Early Learning and Care issues a notice of intent to deny the individual’s application for enrollment in the Central Background Registry. [2022 c.90 §11]
Sec. 13. Sections 11 and 12 of this 2022 Act are repealed on January 2, 2025. [2022 c.90 §13]
RESOURCE AND REFERRAL SYSTEM
329A.100 “Resource and referral system” defined for ORS 329A.100 to 329A.135. As used in ORS 329A.100 to 329A.135, “resource and referral system” means a statewide network of entities funded by the state to:
(1) Provide information to parents and guardians;
(2) Provide training and technical assistance to existing and prospective child care providers; or
(3) Recruit qualified individuals to meet the child care needs of a community. [Formerly 657A.100; 2017 c.187 §2]
329A.110 Policy. The Legislative Assembly believes that a resource and referral system involving a statewide network of local resource and referral entities coordinated centrally is essential to long-range solutions to meet the child care needs of communities in this state. Services may be both public and private ventures designed to meet the needs of diverse communities. [Formerly 657A.110; 2017 c.187 §3]
329A.120 Services by resource and referral entities. (1) The Department of Early Learning and Care shall implement, administer and maintain the resource and referral system.
(2) Resource and referral entities must provide services including, but not limited to:
(a) Training and technical assistance for existing and potential child care providers that includes, but is not limited to, coaching, mentoring, consulting and advising on professional development;
(b) Referrals for parents or guardians seeking child care providers; or
(c) Recruitment of qualified individuals to meet the child care needs of a community. [Formerly 657A.120; 2017 c.187 §4; 2019 c.148 §1; 2021 c.631 §38; 2022 c.27 §§3,4]
329A.130 Resource and referral entities required to match funds; rules. A resource and referral entity must match funds as required by the Early Learning Council by rule. [Formerly 657A.130; 2017 c.187 §5; 2019 c.148 §2]
329A.135 Duties of department related to resource and referral system. (1) The Department of Early Learning and Care shall implement federal requirements for the resource and referral system.
(2) The department shall establish criteria for proposals, prepare requests for proposals, receive proposals and award grants or enter into agreements to establish, support, fund, maintain and expand resource and referral entities. [2017 c.187 §8; 2021 c.631 §39; 2022 c.27 §§5,6]
329A.140 [Formerly 657A.140; repealed by 2017 c.187 §1]
329A.150 [Formerly 657A.150; repealed by 2017 c.187 §1]
329A.160 [Formerly 657A.160; repealed by 2017 c.187 §1]
329A.170 [Formerly 657A.170; repealed by 2017 c.187 §1]
329A.180 [Formerly 657A.180; repealed by 2017 c.187 §1]
329A.190 [Formerly 657A.190; repealed by 2017 c.187 §1]
CHILD CARE FACILITIES
(Generally)
329A.250 Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500. As used in ORS 329A.030, 329A.250 to 329A.450 and 329A.500, 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, legal guardian or custodian.
(2) “Certification” means the certification that is issued under ORS 329A.280 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)(a) “Child care” means the provision, on a regular basis and with or without compensation, of care, supervision and guidance to a child who is unaccompanied by a parent, legal guardian or custodian when that care, supervision and guidance are provided:
(A) At a location that is not the child’s home and are provided at any time during the 24 hours of the day, unless the care, supervision and guidance are provided by a person described in paragraph (b)(A) to (H) of this subsection in a manner not described in subparagraph (B) of this paragraph; or
(B) At a location for which the Department of Early Learning and Care has issued a certification or registration if:
(i) The care, supervision and guidance are provided during the location’s regular operating hours; and
(ii) The location is not the child’s home.
(b) “Child care” does not include the provision, with or without compensation, of care, supervision and guidance to a child when that care, supervision and guidance are provided:
(A) By a babysitter or other person in the home of the child;
(B) By the child’s parent, legal guardian or custodian;
(C) By a person related to the child by blood or marriage within the fourth degree as determined by civil law;
(D) By a provider of medical services;
(E) By a person who cares for children from only one family in addition to any children who reside with the person;
(F) By a person who cares for no more than three children in addition to any children who reside with the person;
(G) By a person who is a member of the child’s extended family, as determined by the department on a case-by-case basis; or
(H) On an occasional basis.
(c) For purposes of this subsection, the provision of care, supervision and guidance that does not fit entirely within a single subparagraph of paragraph (b) of this subsection is considered “child care” unless otherwise authorized by the Early Learning Council by rule.
(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) Facility operated as a parent cooperative for no more than four hours a day.
(g) 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.
(h) Facility operated as a school-age recorded program.
(6) “Family” has the meaning given that term by the Early Learning Council by rule.
(7) “Occasional” has the meaning given that term by the Early Learning Council by rule.
(8) “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.
(9) “Preschool recorded program” means a facility providing care for preschool children that is primarily educational for four hours or less per day and where no child is present at the facility for more than four hours per day.
(10) “Record” means the record that is issued under ORS 329A.255 to a preschool recorded program or a school-age recorded program.
(11) “Registration” means the registration that is issued under ORS 329A.330 to a family child care home where care is provided in the family living quarters of the provider’s home.
(12) “School age” means of an age eligible to be enrolled in kindergarten or above on or before the first day of the current school year.
(13) “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 329A.280 or registered under ORS 329A.330; and
(c) In which youth development activities are provided to children during hours that school is not in session and does not take the place of a parent’s care.
(14)(a) “Subsidized care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, legal guardian or custodian, provided to a child during a part of the 24 hours of a day, paid for in whole or in part by public funds that are allocated to subsidy programs administered by the department.
(b) “Subsidized care” does not include care provided:
(A) By the child’s parent, legal guardian or custodian;
(B) By a sibling living in the same home as the child;
(C) By a person on the same subsidized care case of a child in care; or
(D) By a provider of medical services, as determined by the department on a case-by-case basis.
(15) “Subsidized care facility” means any facility that provides subsidized 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 program or facility identified by the Early Learning Council by rule.
(16) “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 657A.250; 2018 c.115 §2; 2021 c.369 §7; 2021 c.631 §40; 2022 c.27 §§22,23; 2022 c.90 §§5,6; 2023 c.554 §§1,2]
Note: The amendments to 329A.250 by section 2, chapter 508, Oregon Laws 2023, become operative July 1, 2025. See section 5, chapter 508, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.
329A.250. As used in ORS 329A.030, 329A.250 to 329A.450 and 329A.500, 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, legal guardian or custodian.
(2) “Certification” means the certification that is issued under ORS 329A.280 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)(a) “Child care” means the provision, on a regular basis and with or without compensation, of care, supervision and guidance to a child who is unaccompanied by a parent, legal guardian or custodian when that care, supervision and guidance are provided:
(A) At a location that is not the child’s home and are provided at any time during the 24 hours of the day, unless the care, supervision and guidance are provided by a person described in paragraph (b)(A) to (H) of this subsection in a manner not described in subparagraph (B) of this paragraph; or
(B) At a location for which the Department of Early Learning and Care has issued a certification or registration if:
(i) The care, supervision and guidance are provided during the location’s regular operating hours; and
(ii) The location is not the child’s home.
(b) “Child care” does not include the provision, with or without compensation, of care, supervision and guidance to a child when that care, supervision and guidance are provided:
(A) By a babysitter or other person in the home of the child;
(B) By the child’s parent, legal guardian or custodian;
(C) By a person related to the child by blood or marriage within the fourth degree as determined by civil law;
(D) By a provider of medical services;
(E) By a person who cares for children from only one family in addition to any children who reside with the person;
(F) By a person who cares for no more than three children in addition to any children who reside with the person;
(G) By a person who is a member of the child’s extended family, as determined by the department on a case-by-case basis; or
(H) On an occasional basis.
(c) For purposes of this subsection, the provision of care, supervision and guidance that does not fit entirely within a single subparagraph of paragraph (b) of this subsection is considered “child care” unless otherwise authorized by the Early Learning Council by rule.
(5) “Child care facility” means any facility that provides child care to children, including a day nursery, nursery school, child care center, outdoor child care program, 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) Facility operated as a parent cooperative for no more than four hours a day.
(g) 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.
(h) Facility operated as a school-age recorded program.
(6) “Family” has the meaning given that term by the Early Learning Council by rule.
(7) “Occasional” has the meaning given that term by the Early Learning Council by rule.
(8) “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.
(9) “Preschool recorded program” means a facility providing care for preschool children that is primarily educational for four hours or less per day and where no child is present at the facility for more than four hours per day.
(10) “Record” means the record that is issued under ORS 329A.255 to a preschool recorded program or a school-age recorded program.
(11) “Registration” means the registration that is issued under ORS 329A.330 to a family child care home where care is provided in the family living quarters of the provider’s home.
(12) “School age” means of an age eligible to be enrolled in kindergarten or above on or before the first day of the current school year.
(13) “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 329A.280 or registered under ORS 329A.330; and
(c) In which youth development activities are provided to children during hours that school is not in session and does not take the place of a parent’s care.
(14)(a) “Subsidized care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, legal guardian or custodian, provided to a child during a part of the 24 hours of a day, paid for in whole or in part by public funds that are allocated to subsidy programs administered by the department.
(b) “Subsidized care” does not include care provided:
(A) By the child’s parent, legal guardian or custodian;
(B) By a sibling living in the same home as the child;
(C) By a person on the same subsidized care case of a child in care; or
(D) By a provider of medical services, as determined by the department on a case-by-case basis.
(15) “Subsidized care facility” means any facility that provides subsidized 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 program or facility identified by the Early Learning Council by rule.
(16) “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.
329A.252 Provision of care by persons whose record, certification or registration or enrollment in registry is denied, revoked or suspended. (1) As used in this section, “exempt prohibited individual” means:
(a) An individual whose record, certification or registration is suspended, has been denied for cause or has been revoked for cause under ORS 329A.255 or 329A.350.
(b) An individual whose enrollment in the Central Background Registry established by ORS 329A.030 is suspended, has been denied for cause or has been removed for cause under ORS 329A.030.
(c) An individual whose record, certification, registration or enrollment in the Central Background Registry is subject to an emergency order of suspension under ORS 183.430 (2).
(d) An individual who voluntarily surrendered the individual’s record, certification, registration or enrollment in the Central Background Registry while under investigation by the Department of Early Learning and Care or at any time after the department has given notice of an administrative proceeding against the individual, the individual’s child care facility, the individual’s preschool recorded program or the individual’s school-age recorded program.
(e) An individual to whom the department has issued a final order to cease and desist:
(A) After a contested proceeding; or
(B) That has become effective because the individual did not request a hearing.
(2) For five years following the date on which an individual becomes an exempt prohibited individual, the exempt prohibited individual:
(a) Is ineligible for enrollment in the Central Background Registry, except for limited enrollment as provided by rule adopted by the Early Learning Council under ORS 329A.030; and
(b) May not provide care to a child who is not related to the exempt prohibited individual by blood or marriage within the fourth degree as determined by civil law.
(3) After the five-year period described in subsection (2) of this section, an individual ceases to be an exempt prohibited individual if the individual enrolls in the Central Background Registry.
(4) Notwithstanding the five-year period described in subsection (2) of this section, an individual shall be permanently considered an exempt prohibited individual and shall be permanently subject to the prohibitions described in subsection (2) of this section if the individual:
(a) Has been convicted of, in any state, a crime in which a child suffered serious physical injury, as defined in ORS 161.015, or death; or
(b) Is required to report as a sex offender under ORS 163A.010, 163A.015, 163A.020 or 163A.025 or the laws of another jurisdiction. [Formerly 657A.252; 2018 c.115 §3; 2019 c.679 §§1,1a; 2021 c.343 §2; 2022 c.90 §2; 2023 c.554 §11]
329A.255 Preschool recorded program and school-age recorded program; criminal background check required; fee; rules; civil penalty. (1) A person may not operate a preschool recorded program or a school-age recorded program unless the program is recorded with the Department of Early Learning and Care as provided in this section.
(2) To obtain recording, the person operating the program must apply to the department by submitting a completed record application form and a nonrefundable fee as established by the department. The department shall determine and apply the fee through rules adopted by the Early Learning Council under ORS 329A.275. The department shall deposit fees received under this subsection as provided in ORS 329A.310 (2).
(3) The department shall issue a record to the applicant if the department determines that the applicant meets the requirements of ORS 329A.030 and 329A.250 to 329A.450 and the rules adopted pursuant to ORS 329A.030 and 329A.250 to 329A.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 program only on the premises described in the record and only by the person named in the record.
(6) The department shall create and maintain a database of programs recorded under this section and shall update the database annually. The database must 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 Early Learning Council by rule.
(7) A program recorded under this section must post, and provide parents with, a notice that the program is not certified under ORS 329A.280 or registered under ORS 329A.330.
(8) An initial application or renewal application for recording of a program under this section may be denied, revoked or suspended, if the department finds:
(a) That the program or its operation does not comply with ORS 329A.030 or 329A.250 to 329A.450, with applicable rules and with any term or condition imposed under the record; or
(b) That investigation of the program or its records authorized by ORS 329A.390 has not been permitted.
(9) The Early Learning Council 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. [Formerly 657A.255; 2019 c.187 §9; 2022 c.90 §3; 2023 c.554 §12]
329A.257 [Formerly 657A.257; 2019 c.187 §10; repealed by 2022 c.90 §10]
329A.260 Minimum standards for child care facilities; rules. (1) After consultation with appropriate agencies and interested persons, the Early Learning Council by rule shall establish minimum standards for child care facilities and the operation thereof and for the administration of ORS 329A.030 and 329A.250 to 329A.450.
(2) In establishing minimum standards of health and safety, the council 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 329A.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 657A.260]
329A.261 Development of quality recognition and improvement system. (1) In addition to the minimum standards established for child care facilities and the operation of child care facilities under ORS 329A.260 and subject to available funds, the Department of Early Learning and Care, in coordination with the committee designated by the Early Learning Council under ORS 326.425 (3)(a), shall initiate development of a quality recognition and improvement system for child care facilities.
(2) The quality recognition and improvement system implemented under this section shall:
(a) Establish a set of standards that are used to evaluate the quality of an early learning and development program and to support program improvement.
(b) Consist of the following components:
(A) Standards that demonstrate characteristics of quality early learning and development programs.
(B) Monitoring of programs to evaluate quality based on established standards.
(C) Support for programs and providers of programs to meet quality standards, including training, technical assistance and financial incentives.
(D) Program quality recognition that is publicly available. [2012 c.37 §130; 2013 c.624 §86; 2021 c.89 §1; 2021 c.631 §41; 2023 c.554 §13]
329A.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 329A.280.
(b) “Registered child care facility” means a child care facility that has been registered under ORS 329A.330.
(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 Early Learning Council 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. [Formerly 657A.263; 2018 c.115 §5; 2023 c.554 §14]
329A.270 Renewal procedure for certification or registration. (1) A certification or registration authorized by ORS 329A.250 to 329A.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 Department of Early Learning and Care finds that the child care facility that is seeking renewal of the certification or registration is in compliance with the requirements of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 and the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.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 department has acted on the application for renewal and has given notice of the action taken. [Formerly 657A.270; 2015 c.758 §8; 2022 c.27 §13; 2023 c.554 §15]
329A.273 Child Care Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Child Care Fund.
(2) The Child Care Fund shall consist of moneys collected, received and administered by the Department of Early Learning and Care or any divisions or offices of the department pursuant to ORS 329A.310, 329A.700 to 329A.712, 329A.750 and 329A.992 and such moneys as may be otherwise made available by law.
(3) Interest earned by the Child Care Fund shall be credited to the fund.
(4) Moneys in the Child Care Fund are continuously appropriated to the Department of Early Learning and Care and shall be used in a manner consistent with the grant of funds or for the administration of ORS 181A.200, 329A.030, 329A.250 to 329A.450 and 329A.700 to 329A.712. [2023 c.554 §6]
329A.275 Rules; fees and charges. (1) The Early Learning Council shall adopt rules establishing fees for certification, registration and recording under ORS 329A.250 to 329A.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 181A.195, 329A.030 and 329A.250 to 329A.450 may not exceed the cost of administering the program of the Department of Early Learning and Care pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the budget of the Department of Early Learning and Care.
(3) Notwithstanding subsection (2) of this section and any other provision of this chapter, the following fees established by the Early Learning Council under ORS 329A.030 and 329A.250 to 329A.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.
(4) The Early Learning Council, by rule, shall waive the fees described in subsection (3)(i) of this section for an employee of or volunteer with a private agency or organization that facilitates the provision of respite services, as defined in ORS 418.205 (2)(c)(B), for parents pursuant to a properly executed power of attorney under ORS 109.056. [Formerly 657A.275; 2023 c.316 §1; 2023 c.554 §16]
(Certification)
329A.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 329A.330, without a certification for the facility from the Department of Early Learning and Care.
(2) The Early Learning Council shall adopt rules for the certification of a family child care home caring for not more than 16 children. Rules may be adopted specifically for certified child care facilities operated in a single-family dwelling or other dwelling. Notwithstanding fire and other safety regulations, the rules that the council adopts for certified child care facilities shall set standards that can be met without significant architectural modification. The rules may establish reasonable requirements for landlords of tenants who operate a family child care home. In adopting the rules, the council 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. Rules may not take into consideration the provider’s children when establishing capacity or adult to child ratio requirements if the children are between 10 and 12 years of age, unless a child has special needs or disabilities and requires a level of care that is above normal for the child’s age. The rules must require compliance with the provisions of ORS 329A.600.
(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 council 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 department and receive a certification upon meeting certification requirements.
(5) A facility described in ORS 329A.250 (5)(d) may, but is not required to, apply for a certification under this section and receive a certification upon meeting certification requirements. [Formerly 657A.280; 2019 c.187 §4; 2021 c.369 §2; 2021 c.518 §2; 2023 c.554 §17; 2023 c.594 §4]
Note: The amendments to 329A.280 by section 3, chapter 508, Oregon Laws 2023, become operative July 1, 2025. See section 5, chapter 508, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.
329A.280. (1) A person may not operate a child care facility, except a facility subject to the registration requirements of ORS 329A.330, without a certification for the facility from the Department of Early Learning and Care.
(2) The Early Learning Council shall adopt rules for the certification of a family child care home caring for not more than 16 children. Rules may be adopted specifically for certified child care facilities operated in a single-family dwelling or other dwelling. Notwithstanding fire and other safety regulations, the rules that the council adopts for certified child care facilities shall set standards that can be met without significant architectural modification. The rules may establish reasonable requirements for landlords of tenants who operate a family child care home. In adopting the rules, the council 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. Rules may not take into consideration the provider’s children when establishing capacity or adult to child ratio requirements if the children are between 10 and 12 years of age, unless a child has special needs or disabilities and requires a level of care that is above normal for the child’s age. The rules must require compliance with the provisions of ORS 329A.600.
(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 council shall adopt and apply separate rules appropriate for any child care facility that is a child care center or an outdoor child care program.
(4) Any person seeking to operate a child care facility may apply for a certification for the facility from the department and receive a certification upon meeting certification requirements.
(5) A facility described in ORS 329A.250 (5)(d) may, but is not required to, apply for a certification under this section and receive a certification upon meeting certification requirements.
329A.290 Qualifications of applicant for certification. A person applying for a certification for a child care facility shall demonstrate to the satisfaction of the Department of Early Learning and Care 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 329A.260. [Formerly 657A.290; 2023 c.554 §18]
Note: The amendments to 329A.290 by section 4, chapter 508, Oregon Laws 2023, become operative July 1, 2025. See section 5, chapter 508, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.
329A.290. A person applying for a certification for a child care facility shall demonstrate to the satisfaction of the Department of Early Learning and Care 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:
(A) For family child care homes and child care centers, building construction, sanitation, plumbing, heating, lighting, ventilation, maintenance, indoor and outdoor activity areas and fire protection.
(B) For outdoor child care programs, sanitation, maintenance, food preparation and food storage areas.
(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 329A.260.
329A.300 Issuance of certification; temporary certification; conditions on certification; department’s duties under federal programs. (1) Upon receipt of an application for a certification, accompanied by the required fee, the Department of Early Learning and Care shall issue a certification if the department finds that the child care facility and its operations are in compliance with the requirements of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 and the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.450.
(2) The department 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 department 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)(a) If the department determines that it is necessary to protect the health and safety of the children for whom a child care facility is to provide care, the department may impose a condition on the facility’s certification that is reasonably designed to protect the health and safety of children. The department may impose a condition during the application process for an initial certification, during the application process for a renewal of a certification or at any time after the issuance of a certification.
(b) Except as provided in paragraph (c) of this subsection, when the department imposes a condition on a child care facility’s certification, the facility shall be afforded an opportunity for a hearing consistent with the provisions of ORS chapter 183.
(c)(A) If the department finds a serious danger to the health and safety of the children receiving care at a child care facility, the department shall notify the facility of the specific reasons for the finding and may impose an emergency condition on the facility’s certification without a hearing.
(B) If the facility demands a hearing within 90 days after the department notifies the facility of the emergency condition, a hearing consistent with the provisions of ORS chapter 183 must be granted to the facility as soon as practicable after the demand and the agency shall issue an order consistent with the provisions of ORS chapter 183 confirming, altering or revoking the order imposing the emergency condition.
(4) The department 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 657A.300; 2015 c.758 §9; 2018 c.115 §9; 2019 c.187 §5; 2023 c.554 §19]
329A.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 Department of Early Learning and Care on forms provided by the department 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 Early Learning Council pursuant to ORS 329A.275.
(2) All fees received under subsection (1) of this section shall be deposited in the Child Care Fund established under ORS 329A.273 and may be used for the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.450.
(3) Any certification issued pursuant to ORS 329A.250 to 329A.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 329A.270 (2), an annual certification expires one year from the date of issuance. [Formerly 657A.310; 2017 c.617 §4; 2022 c.27 §14; 2023 c.554 §20]
(Registration)
329A.330 Registration requirements; fee; waiver; renewal; conditions on registration; 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 329A.280 may not operate a child care facility without registering with the Department of Early Learning and Care.
(2) A child care facility holding a registration may care for a maximum of 10 children, excluding the provider’s own children if the children are between 10 and 12 years of age, unless a child has special needs or disabilities and requires a level of care that is above normal for the child’s age. 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 department 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 Early Learning Council under ORS 329A.275. The fee shall be deposited as provided in ORS 329A.310 (2). The department may waive any or all of the fee if the department 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 department, the department 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 department 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 department;
(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 department determines that the application meets the requirements of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 and the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.450, and receives a satisfactory records check, including criminal records and protective services records.
(5) Unless the registration is revoked as provided in ORS 329A.350, the registration is valid for a period of two years from the date of issuance. The department may not renew a registration of a provider operating a family child care home unless 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;
(c) Is certified as a food handler under ORS 624.570; and
(d) When applicable, has complied with the requirements of ORS 329A.600 prior to imposing an expulsion.
(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 Early Learning Council 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 capacity and adult to child ratio requirements, which must be established without taking into consideration the provider’s children if the children are between 10 and 12 years of age, unless a child has special needs or disabilities and requires a level of care that is above normal for the child’s age;
(d) Establishing under what circumstances the adult to child ratio requirements may be temporarily waived; and
(e) 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 department 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)(a) If the department determines that it is necessary to protect the health and safety of the children for whom a child care facility is to provide care, the department may impose a condition on the facility’s registration that is reasonably designed to protect the health and safety of children. The department may impose a condition during the application process for an initial registration, during the application process for a renewal of a registration or at any time after the issuance of a registration.
(b) Except as provided in paragraph (c) of this subsection, when the department imposes a condition on a child care facility’s registration, the facility shall be afforded an opportunity for a hearing consistent with the provisions of ORS chapter 183.
(c)(A) If the department finds a serious danger to the health and safety of the children receiving care at a child care facility, the department shall notify the facility of the specific reasons for the finding and may impose an emergency condition on the facility’s registration without a hearing.
(B) If the facility demands a hearing within 90 days after the department notifies the facility of the emergency condition, a hearing consistent with the provisions of ORS chapter 183 must be granted to the facility as soon as practicable after the demand and the agency shall issue an order consistent with the provisions of ORS chapter 183 confirming, altering or revoking the order imposing the emergency condition.
(10) The department, upon good cause shown, may waive one or more of the registration requirements. The department 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 department may not waive the on-site review requirement for applicants applying for an initial registration or renewal of a registration.
(11) The Early Learning Council, 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 department 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.
(12) In adopting rules relating to registration, the Early Learning Council 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 Early Learning Council shall consult with the appropriate interim legislative committee. [Formerly 657A.330; 2015 c.758 §10; 2018 c.115 §10; 2019 c.187 §6; 2021 c.518 §3; 2023 c.554 §21; 2023 c.594 §5]
(Orientation)
329A.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 receives funds from the Department of Early Learning and Care for subsidized care shall attend an orientation provided by the department or a resource and referral entity under ORS 329A.100 to 329A.135 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 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 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. [Formerly 657A.340; 2017 c.187 §6; 2023 c.554 §22]
(Discipline; Investigation; Inspection; Enforcement)
329A.342 Jurisdiction. The Department of Early Learning and Care is not deprived of jurisdiction to proceed with an investigation of or an action or disciplinary proceeding against an individual or a child care facility by the:
(1) Lapsing, suspension, revocation or voluntary surrender of a certification or registration; or
(2) Lapsing, suspension, removal or voluntary surrender of an individual’s enrollment in the Central Background Registry established by ORS 329A.030. [2018 c.115 §6; 2023 c.554 §23]
329A.344 Cease and desist order. (1) If the Department of Early Learning and Care has reason to believe that an individual or a child care facility has engaged, is engaging or is about to engage in a violation of ORS 181A.200 or 329A.030 and 329A.250 to 329A.450 or the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215 or 329A.030 and 329A.250 to 329A.450, the department may, subject to ORS chapter 183, issue an order directing the individual or facility to cease and desist from the violation or threatened violation.
(2) A cease and desist order issued under subsection (1) of this section shall include:
(a) A statement of the facts constituting the violation;
(b) A requirement that the individual or child care facility named in the order cease and desist from the violation;
(c) The effective date of the order; and
(d) A notice to the individual or facility named in the order of the right to a contested case hearing under ORS chapter 183.
(3) A cease and desist order issued under subsection (1) of this section becomes effective 21 days after service of the order unless the individual or child care facility named in the order requests a hearing on the order.
(4)(a) If an individual or a child care facility makes a timely demand for a hearing on the order, the department shall hold a hearing as provided by ORS chapter 183.
(b) After the hearing, the department shall enter a final order vacating, modifying or affirming the order.
(5) An individual or a child care facility is entitled to judicial review of an order by the department under ORS chapter 183 if the individual or facility made a timely demand for a hearing.
(6) A judgment of a reviewing court under ORS chapter 183 does not bar the department from vacating or modifying an order involved in the proceeding for review, or entering a new order, for a proper cause that was not decided by the reviewing court. [2018 c.115 §7; 2023 c.554 §24]
329A.346 Progressive enforcement system; rules. (1) The Department of Early Learning and Care may develop a progressive enforcement system for the rules promulgated pursuant to ORS 329A.030 and 329A.250 to 329A.450.
(2) The enforcement system developed under this section may establish:
(a) A set of progressively higher enforcement actions that the department may take in response to an individual’s or a child care facility’s violation of the rules described in subsection (1) of this section; and
(b) Standards for monitoring the compliance of individuals and child care facilities with the rules described in subsection (1) of this section. [2018 c.115 §8; 2023 c.554 §25]
329A.348 Interference with disclosure of information. (1) A child care facility may not interfere with the good faith disclosure of information by a parent, legal guardian or a current or former employee or volunteer concerning the abuse or mistreatment of a child in the child care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a child in the child care facility to:
(a) The Department of Early Learning and Care, a law enforcement agency or other entity with legal or regulatory authority over the child care facility; or
(b) The child’s parent, legal guardian or personal representative as defined in ORS 192.556.
(2) A child care facility interferes with the disclosure of the information described in subsection (1) of this section by:
(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Training an employee or volunteer not to disclose the information;
(c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information;
(d) Terminating or threatening to terminate care of a child if the parent or legal guardian of the child discloses the information; or
(e) Asking a parent or legal guardian of a child to sign a nondisclosure or similar agreement prohibiting the parent or legal guardian from disclosing the information or communicating to a parent or legal guardian that the parent or legal guardian may not disclose the information.
(3) The department may revoke or suspend the certification of a child care facility that is found to have violated subsection (1) of this section.
(4) The disclosure of information to a child’s parent, legal guardian or personal representative under subsection (1) of this section does not relieve the employee or volunteer of any obligation to report the abuse of a child.
(5) This section does not authorize the disclosure of protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information. [2019 c.381 §8; 2023 c.554 §26]
329A.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 Department of Early Learning and Care finds:
(1) That the facility or its operation does not comply with ORS 181A.200, 329A.030 and 329A.250 to 329A.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 329A.390 or 329A.400 has not been permitted. [Formerly 657A.350; 2023 c.554 §27]
329A.360 Notice; hearing; decision; judicial review. (1) Upon deciding to deny, revoke, suspend, impose a condition on or not renew a certification or registration, the Department of Early Learning and Care shall give notice and opportunity for hearing as provided in ORS chapter 183.
(2) The department 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 department. The decision of the department is reviewable by the Court of Appeals in the manner provided in ORS 183.482 for the review of orders in contested cases. [Formerly 657A.360; 2018 c.115 §11; 2023 c.554 §28]
329A.370 Injunction. (1) 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 Department of Early Learning and Care, the Attorney General or the prosecuting attorney of any county may institute proceedings to enjoin the operation of any child care facility operating in violation of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 or the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030, 329A.250 to 329A.450 and 329A.500.
(2) An injunction may be issued under this section without proof that a person has sustained actual damage as a result of a child care facility’s actions. [Formerly 657A.370; 2015 c.758 §11; 2018 c.115 §12; 2023 c.554 §29]
329A.390 Inspection; right to enter premises and to inspect records; investigation; rules. (1) Whenever an authorized representative of the Department of Early Learning and Care is advised or has reason to believe that child care that is subject to regulation by the department is being provided without a certification, registration or record, the authorized representative may visit and conduct an investigation of the facility at any reasonable time to determine whether the facility is subject to the requirements of ORS 181A.200, 329A.030 and 329A.250 to 329A.450.
(2) At any reasonable time, an authorized representative of the department may conduct an investigation of any certified or registered child care facility or program recorded under ORS 329A.255 to determine whether the child care facility or program is in conformity with ORS 181A.200, 329A.030 and 329A.250 to 329A.450 and the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.450.
(3) An authorized representative of the department shall conduct an investigation of any certified or registered child care facility, of any program recorded under ORS 329A.255 or of any other child care facility that is subject to regulation by the department if the department receives a serious complaint about the child care facility or program.
(4) Complaints, including but not limited to serious complaints, made by individuals or entities regarding certified or registered child care facilities, subsidized care facilities, preschool recorded programs or school-age recorded programs may be received and investigated by the department. The name, address and other identifying information about the individual or entity that made the complaint may not be disclosed, except within the department.
(5) Any state agency that receives a complaint about a certified or registered child care facility, a subsidized care facility, a preschool recorded program or a school-age recorded program shall notify the department about the complaint and any subsequent action taken by the state agency based on that complaint.
(6) A director or operator of a child care facility, a subsidized care facility, a preschool recorded program or a school-age recorded program shall permit an authorized representative of the department to inspect records of the facility or program and shall furnish promptly reports and information required by the department.
(7) In conducting an investigation under this section, the department may:
(a) Take evidence;
(b) Take the depositions of witnesses, including the person under investigation, in the manner prescribed by law for depositions in civil actions;
(c) Compel the appearance of witnesses, including the person under investigation, in the manner prescribed by law for appearances in civil actions;
(d) Require answers to interrogatories;
(e) Compel the production of books, papers, accounts, documents or testimony that pertains to the matter under investigation;
(f) Issue subpoenas; and
(g) Inspect the premises of the facility under investigation.
(8) The department may share information regarding investigations or inspections conducted under this section with other public entities when the department determines that sharing the information would support the health or safety of children in child care.
(9) The department shall make a reasonable attempt to identify any child care facility or person or place providing child care about which the department receives a complaint, including but not limited to a serious complaint, if the complaint includes, but is not limited to, any of the following information:
(a) The name of a child in the care of the child care facility or person or place providing child care, or the child’s parent;
(b) The name of a child care provider, a child care facility owner, operator or employee, or a person or place providing child care;
(c) The name of the child care facility or person or place providing child care;
(d) The phone number of the child care facility or person or place providing child care; or
(e) The physical address of the child care facility or person or place providing child care.
(10) As used in this section:
(a) “Serious complaint” has the meaning given that term by the Early Learning Council by rule.
(b) “Serious complaint” includes notifications or reports of alleged child abuse received by the department. [Formerly 657A.390; 2015 c.758 §12; 2017 c.617 §3; 2019 c.187 §7; 2019 c.266 §1; 2022 c.90 §4; 2023 c.554 §30; 2023 c.594 §6]
329A.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 329A.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 Department of Early Learning and Care in accordance with arrangements under ORS 329A.420 and shall submit written findings to the department. The department 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 657A.400; 2023 c.554 §31]
329A.410 When search warrant required; procedure. (1) In the event that any authorized representative of the Department of Early Learning and Care, Oregon Health Authority or other agency is denied access to any premises for the purpose of making an inspection in the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.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 657A.410; 2023 c.554 §32]
329A.420 Cooperative agreements to inspect premises. The Department of Early Learning and Care 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 181A.200, 329A.030 and 329A.250 to 329A.450. The arrangements shall designate which services shall be reimbursed and the rate and manner of reimbursement. [Formerly 657A.420; 2023 c.554 §33]
(Collective Bargaining)
329A.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 329A.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 329A.250 to 329A.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 329A.330.
(2) For purposes of collective bargaining under ORS 243.650 to 243.809, 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 243.809. 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)(a) 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, including any agreement related to establishing a union benefit trust for the purpose of providing health care or retirement benefits to family child care providers.
(b) The department shall report to the legislative review agency, as defined in ORS 291.371, on any new or changed provisions relating to compensation in a collective bargaining agreement negotiated under this section.
(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. [Formerly 657A.430; 2020 s.s.2 c.10 §7; 2023 c.594 §12]
(Miscellaneous)
329A.440 Application of land use regulations to family child care homes. (1) As used in this section:
(a) “Child care center” means a child care facility, other than a family child care home, that is certified under ORS 329A.280 (3).
(b) “Family child care home” means a child care facility in a dwelling that is caring for not more than 16 children and is certified under ORS 329A.280 (2) or is registered under ORS 329A.330.
(c) “Land use regulation” and “local government” have the meanings given those terms in ORS 197.015.
(2)(a) A family child care home is considered a residential use of property for zoning purposes. A family child care home is a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.
(b) A local government may not enact or enforce a land use regulation prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family child care home.
(c) A local government may not impose land use regulations, special fees or conditions on the establishment or maintenance of a family child care home more restrictive than those imposed on other residential dwellings in the same zone.
(3) Notwithstanding subsection (2)(c) of this section, a county may impose reasonable conditions on the establishment of a family child care home in an area zoned for farm use.
(4)(a) A child care center is a permitted use in all areas zoned for commercial or industrial use, except areas specifically designated by the local government for heavy industrial use.
(b) A local government may not impose land use regulations, special fees or conditions on the establishment or maintenance of a child care center in an area zoned for commercial or industrial use that are more restrictive than those imposed for other uses in the same zone.
(5) Notwithstanding subsection (4) of this section, a local government may impose reasonable conditions upon the establishment or maintenance of a child care center in an area zoned for industrial uses.
(6) As used in this section, “reasonable conditions” includes, but is not limited to, siting restrictions for properties designated on the Department of Environmental Quality’s statewide list of contaminated properties as having known or suspected releases of hazardous substances. [Formerly 657A.440; 2021 c.369 §1]
329A.450 Assistance to staff of facility. The Department of Early Learning and Care may consult with, advise or train the staffs of child care facilities or other interested persons concerning child care programs. [Formerly 657A.450; 2023 c.554 §34]
329A.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 657A.460]
(Temporary provisions relating to pilot program to develop sustainable model for micro centers)
Note: Sections 1 and 2, chapter 374, Oregon Laws 2023, provide:
Sec. 1. (1) As used in this section, “micro center” means a child care program located inside a residential or nonresidential facility that on a regular basis serves a minimum of three and a maximum of 30 children for more than four hours a day.
(2) The Department of Early Learning and Care shall establish and administer by rule a pilot program to develop a sustainable model for micro centers to provide affordable, high-quality early learning opportunities to communities in this state.
(3) Under the program, the department shall provide technical assistance to program participants to maximize the potential for micro centers to succeed and serve as a model for others to increase access to child care services in this state.
(4)(a) Any child care facility in this state may apply to participate in the program administered under this section.
(b) The department shall select three child care facilities to participate in the program as follows:
(A) Select one child care facility from the Oregon coast, one child care facility from eastern Oregon and one child care facility from the Willamette Valley, as determined based on criteria established by the department.
(B) Give priority to applicants from communities in this state that have the greatest need for child care and that agree to participate in the federal Child and Adult Care Food Program.
(5) At a minimum, the department shall:
(a) Establish application processes and timelines by which applicants may apply to the department to participate in the program;
(b) Provide for the department to review and consider applicant eligibility on a first-come, first-served basis; and
(c) Establish eligibility criteria for approving or rejecting each application on the basis of factors that may include, but need not be limited to, the socioeconomic status of the population to be served.
(6) The department shall consult with relevant stakeholders and adopt guidelines for the program that streamline the development of micro centers, foster innovation within the child care industry and inform future regulatory requirements, including, but not limited to, guidelines related to:
(a) Staff qualifications that are appropriate for a micro center operating in a community that lacks a sufficient number of college-educated child care providers and child care facilities;
(b) Allowing a director of a micro center to provide child care services to children at the micro center in addition to handling administrative responsibilities;
(c) Facility requirements, including health and safety requirements, that are appropriate for a micro center operating in a building that was not initially designed for child care but can be adapted to provide child care under the program;
(d) Age-group requirements that allow for mixed-aged groups and flexible classrooms arrangements; and
(e) Adult-to-child ratio and maximum group requirements based on available square footage, plumbing, staffing and other best practices for small child care operations in child care deserts.
(7) The department shall prepare and submit a report in the manner provided in ORS 192.245 on the implementation of the micro center pilot program established under this section, and may include recommendations for legislation, to a committee or interim committee of the Legislative Assembly related to early learning and care on or before September 15, 2025. [2023 c.374 §1]
Sec. 2. Section 1 of this 2023 Act is repealed on January 2, 2026. [2023 c.374 §2]
329A.490 [Formerly 657A.490; repealed by 2021 c.631 §63]
329A.493 [Formerly 657A.493; repealed by 2021 c.631 §63]
EMPLOYMENT RELATED DAY CARE
329A.500 Employment Related Day Care subsidy program and other subsidy programs; rules. (1) As used in this section, “family” means any individual who is responsible for the care, control and supervision of a child.
(2) The Early Learning Council shall adopt rules for the operation of the Employment Related Day Care subsidy program and for other subsidy programs administered by the Department of Early Learning and Care.
(3) The rules adopted under this section must support equitable access to a supply of diverse subsidized care facilities that meet the needs of families, as those needs are defined by the council by rule, including:
(a) Cultural diversity;
(b) Linguistic diversity;
(c) Racial and ethnic diversity; and
(d) Diversity of subsidized care facility types.
(4) The council shall adopt rules establishing that:
(a) Each of the following subparagraphs constitutes an independent basis of eligibility for a child to participate in the Employment Related Day Care subsidy program:
(A) The household income of a child’s family;
(B) The child’s family’s employment, search for employment or enrollment in an education or training program;
(C) The child’s or child’s family’s use of, or risk of needing to use, protective services, including, but not limited to, child welfare services, child abuse prevention services, family reunification services, foster care services or subsidized guardianship services;
(D) The child’s or child’s family’s use of, or risk of needing to use, homelessness services, teen parent services or domestic violence services; or
(E) Any other criteria established by the council.
(b) A child must be able to receive care that:
(A) Meets the child’s developmental, disability and neurodiversity needs; and
(B) Enables the child’s family to complete activities that relate to family well-being, which may include the family’s work hours, education hours, commute time, study time and other activities that support family well-being.
(c) Payment to subsidized care facilities must be:
(A) Based on enrollment instead of attendance.
(B) Made by the department each month by a date specified by the Early Learning Council by rule or, if paid on a date later than the date specified by rule, paid in an amount that includes an additional nine percent of the amount due unless the additional amount is not required to be paid under exceptional circumstances, as identified by rule.
(d) A child’s family may qualify for an incentive if the family voluntarily chooses a subsidized care facility that participates in the quality recognition and improvement system established under ORS 329A.261. A fair representation of the recipients who qualify for incentives must be families with children who are from underserved racial, ethnic or minority populations. In addition, subsidized care facilities that participate in the quality recognition and improvement system may receive financial incentives under the subsidy programs in accordance with criteria established by rule.
(e) A child care facility is not eligible to be a subsidized care facility and to receive a reimbursement under the subsidy program unless each subject individual described in ORS 329A.030 (11)(d) who operates, resides in or may have unsupervised contact with children at the subsidized care facility that provides or will provide subsidized care to the person’s child is enrolled in the Central Background Registry under ORS 329A.030.
(f) A subsidized care facility may be eligible to receive a higher rate of reimbursement or other financial incentives for:
(A) Participating in quality improvement measures;
(B) Providing culturally or linguistically specific or appropriate care;
(C) Providing evening, overnight or weekend care;
(D) Providing care to children with a diagnosed disability;
(E) Providing infant or toddler care;
(F) Providing care to a population that has been identified as historically having an inadequate child care facility supply; or
(G) Providing any other specialized care that justifies a higher rate of reimbursement.
(5) Taking into account the availability of funds, the rules adopted under this section:
(a) Must establish a sliding scale for copayment, with the requirement that a copayment may not exceed seven percent of the household income of the child’s family.
(b) Must provide that eligibility to participate in the Employment Related Day Care subsidy program:
(A) May not be based on the citizenship or legal status of a child or a child’s family; and
(B) Shall, for a child who met the initial eligibility requirements prescribed under subsection (4) of this section, continue for a minimum of 12 months from the date of initial eligibility unless the child’s family leaves this state or requests a termination of benefits or for any other reason identified by the council. Rules adopted under this subparagraph shall give priority to families receiving temporary assistance under the temporary assistance for needy families program described in ORS 412.006.
(c) May provide that a determination of eligibility to participate in the Employment Related Day Care subsidy program consider the availability of family to attend to the child, regardless of the family’s physical presence.
(6) In developing rules under this section, the council shall consider policies for increasing the stability and continuity of a child’s access to a family’s preferred child care facility.
(7) Rules adopted by the council under this section establish minimum requirements pertaining to the Employment Related Day Care subsidy program and may not be construed to preempt, limit or otherwise diminish the applicability of any policy, standard or collective bargaining agreement that provides for an increased subsidy or a subsidized care facility reimbursement amount under state or federal law.
(8)(a) The council shall work to meet federal recommendations for income eligibility and market access in regard to the Employment Related Day Care subsidy program administered by the council.
(b) Notwithstanding any provision of this section or any rule adopted by the council pursuant to this section, the laws and regulations applicable to any federal funds shall govern when any aspect of child care is funded by federal funds. [2015 c.698 §1; 2021 c.631 §§8,8b,73; 2022 c.27 §§24,25; 2023 c.554 §35; 2023 c.594 §9; 2023 c.595 §§1,2]
Note: Section 3, chapter 595, Oregon Laws 2023, provides:
Sec. 3. (1) The Early Learning Council shall develop and implement rules providing criteria for eligibility based on ORS 329A.500 (4)(a)(C) no later than July 1, 2025.
(2) The council shall develop and implement rules providing criteria for eligibility based on ORS 329A.500 (4)(a)(D) no later than July 1, 2027. [2023 c.595 §3]
Note: 329A.500 and 329A.505 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
329A.505 Inspection; right to enter premises and to inspect records; investigation; rules. (1) At any reasonable time, an authorized representative of the Department of Early Learning and Care may conduct an inspection or investigation of a subsidized care facility, as defined in ORS 329A.250.
(2) When conducting an investigation under this section, the department may:
(a) Take evidence;
(b) Take the depositions of witnesses, including the person under investigation, in the manner prescribed by law for depositions in civil actions;
(c) Compel the appearance of witnesses, including the person under investigation, in the manner prescribed by law for appearances in civil actions;
(d) Require answers to interrogatories;
(e) Compel the production of books, papers, accounts, documents or testimony that pertains to the matter under investigation;
(f) Issue subpoenas; and
(g) Inspect the premises of the facility under investigation.
(3) The department may, as a condition of finalizing an inspection, require improvements, corrections or other measures to ensure that the subsidized care facility complies with the requirements under the rules adopted under this section.
(4) In addition to any rules adopted under ORS 329A.500, the Early Learning Council may adopt rules to establish minimum health and safety standards for subsidized care facilities and for the administration of this section. [2015 c.698 §2; 2019 c.187 §8; 2021 c.631 §§8a,74; 2023 c.554 §36]
Note: See second note under 329A.500.
WORKFORCE
329A.525 Standards and processes for international early childhood professionals; rules. (1) As used in this section, “international early childhood professional” is an individual who has received professional training in early learning and care, or a college or university degree related to early learning and care, outside of the United States.
(2) The Department of Early Learning and Care shall adopt standards and processes to reduce barriers that impede an international early childhood professional from entering the early learning workforce in Oregon.
(3) At a minimum, the standards and processes must:
(a) Simplify and eliminate administrative inefficiencies that exist within the early learning system in Oregon;
(b) Identify a method to determine minimum qualifications for an international early childhood professional to participate in the early learning workforce in Oregon; and
(c) Establish minimum qualifications for an international early childhood professional to participate in the early learning workforce in Oregon, including requirements related to professional training and academic credentials. [2023 c.308 §1]
Note: 329A.525 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(Temporary provisions relating to independent study to identify barriers to a high quality childhood workforce)
Note: Sections 1 and 2, chapter 522, Oregon Laws 2023, provide:
Sec. 1. (1) The Department of Early Learning and Care shall commission an independent study to identify barriers to a high quality early childhood workforce, including inefficiencies that may exist within the statewide professional recognition database that records licensing and training of early childhood professionals, and to provide guidance for future professional development specific to the needs of the early childhood workforce in Oregon. In selecting an entity to conduct the independent study, the department shall prioritize either of the following entities that demonstrate experience in applied policy research and analysis and subject matter expertise regarding matters related to early learning:
(a) Community-based nonprofit organizations.
(b) Firms that have received a certification issued by the Certification Office for Business Inclusion and Diversity.
(2) At a minimum, the study shall:
(a) Examine barriers and inefficiencies within the existing early childhood workforce registry.
(b) Evaluate challenges faced by current and prospective early childhood professionals.
(c) Review the active efforts that are in place, if any, that promote increased accessibility and transferability of community college credits across post-secondary institutions.
(d) Consider possible accreditation processes for transferring international college credits related to early childhood and child development.
(e) Explore career pathways developed or implemented by entities, including but not limited to community colleges and community-based organizations, that have successfully reduced inefficiencies and barriers for individuals seeking apprenticeships, on-the-job training and other professional training that lead to employment in occupations related to early childhood.
(3) The department shall convene a stakeholder group to review the findings from the study and provide recommendations for:
(a) Strategies to attain more equitable compensation for the early childhood workforce.
(b) Creating a career pipeline for the early childhood workforce that increases opportunities for education, training and credentialing.
(c) The content of administrative rules adopted by the department under subsection (4) of this section.
(4) No later than December 31, 2025, the department shall adopt rules that address barriers that impede entry into the early childhood workforce by early childhood professionals. At a minimum, the rules must simplify and eliminate administrative inefficiencies that exist within the early childhood workforce registry by:
(a) Establishing consistent standards for assessing the professional qualifications and academic experience of early childhood professionals for purposes of determining the appropriate worker classifications and pay rates for such professionals.
(b) Streamlining the processes used to verify or accredit the out-of-state professional or academic credentials of an early childhood professional to determine whether those credentials count towards qualifications that are specific to the early childhood workforce in Oregon.
(c) Providing a foreign language translation feature within the early childhood workforce registry for early childhood professionals to translate relevant documents free of charge.
(d) Establishing standards and processes by which an early childhood professional may provide consent to a hiring agency to access the professional’s workforce registry account to provide technical assistance to the professional.
(5) The department shall prepare and submit reports in the manner provided under ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to early learning and care as follows:
(a) The first report must be submitted no later than September 15, 2024, and must be a preliminary report that summarizes the findings of the study.
(b) The second report must be submitted no later than December 31, 2024, and must provide:
(A) Comprehensive evaluations on the findings of the study;
(B) The status and the degree to which any rulemaking has occurred pursuant to subsection (4) of this section;
(C) Recommendations for administrative actions and legislative proposals based on the results of the study; and
(D) Recommendations of specific funding sources for implementing or supporting the recommendations made under subparagraph (C) of this paragraph. [2023 c.522 §1]
Sec. 2. Section 1 of this 2023 Act is repealed on January 2, 2026. [2023 c.522 §2]
EARLY CHILDHOOD SUSPENSION AND EXPULSION PREVENTION
329A.600 Early Childhood Suspension and Expulsion Prevention Program; rules. (1) The Early Childhood Suspension and Expulsion Prevention Program is established. The Department of Early Learning and Care shall administer the program as provided by this section.
(2) The purposes of the Early Childhood Suspension and Expulsion Prevention Program are to:
(a) Reduce the use of suspension and expulsion in early childhood care and education programs; and
(b) Reduce disparities in the use of suspension and expulsion in early childhood care and education programs based on race, ethnicity, language, ability or any other protected class identified by the Early Learning Council by rule.
(3) The Early Childhood Suspension and Expulsion Prevention Program shall achieve the purposes described in subsection (2) of this section by:
(a) Incorporating into early childhood care and education programs racial equity, trauma-informed principles and practices and strengths-based multitiered systems of support;
(b) Supporting the capacity of families, educators and early childhood care and education professionals to promote children’s social emotional well-being and growth;
(c) Creating a source for early childhood care and education professionals to request technical assistance related to children’s social emotional well-being and growth;
(d) Building capacity in communities to deliver technical assistance that supports:
(A) Children’s social emotional development;
(B) Children’s positive racial identity development;
(C) Antibias practices in early childhood care and education programs; and
(D) Inclusive practices in early childhood care and education programs;
(e) Enhancing community-based supports for families that have a history of trauma, are involved in multiple systems of support or need connection to intervention services;
(f) Providing early childhood care and education professionals with access to technical assistance to support the stability of placements in early childhood care and education programs; and
(g) Developing and supporting practices that reduce the use of suspension or expulsion.
(4) Under the Early Childhood Suspension and Expulsion Prevention Program, the Department of Early Learning and Care shall establish:
(a) Common definitions related to antibias practices in early childhood care and education;
(b) Common definitions related to inclusive practices in early childhood care and education;
(c) Common definitions and guidelines for early childhood care and education suspension and expulsion;
(d) Standards and guidelines for program administration and for the delivery of technical assistance services that are culturally responsive and that ensure technical assistance is implemented with a focus on antibias and inclusive practices;
(e) Requirements for knowledge, skills and competencies for technical assistance specialists and mental health consultants participating in the program, with a focus on racial equity, the science of child development, trauma-informed principles and practices, social emotional learning principles, antibias practices and inclusive practices;
(f) Standards for data collection and evaluation to assess the impacts of the program, including eliminating disparities in exclusionary practices based on race, ethnicity, language, ability or other protected classes; and
(g) Requirements that early childhood care and education programs certified or registered under ORS 329A.280 or 329A.330, or receiving public funding for early childhood care and education services, must request services from the Early Childhood Suspension and Expulsion Prevention Program when a young child in an early childhood care or education program is facing potential expulsion.
(5) In support of the Early Childhood Suspension and Expulsion Prevention Program, the Department of Early Learning and Care shall coordinate with the Oregon Health Authority to develop a plan for integrated mental and behavioral health and social and emotional supports for children and families, including establishing a resource list of diverse, community-based mental health consultants to support the goals of the suspension and expulsion program.
(6) The Early Learning Council may adopt any rules necessary for the administration of this section. [2021 c.518 §1]
Note: 329A.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(Temporary provisions on study on suspension and expulsion in early childhood care and education programs)
Note: Sections 3b and 3c, chapter 518, Oregon Laws 2021, and sections 1 and 2, chapter 576, Oregon Laws 2021, provide:
Sec. 3b. (1) The Department of Early Learning and Care shall conduct a study on:
(a) The use of suspension and expulsion in early childhood care and education programs; and
(b) Efforts to reduce and prevent the use of suspension and expulsion in early childhood care and education programs.
(2) The department shall report the results of the study required under this section to the appropriate interim committees of the Legislative Assembly no later than September 15, 2024. [2021 c.518 §3b and 2021 c.576 §1]
Sec. 3c. Section 3b of this 2021 Act is repealed on December 31, 2024. [2021 c.518 §3c]
Sec. 2. Section 1 of this 2021 Act is repealed on December 31, 2024. [2021 c.576 §2]
329A.625 Prohibition on suspending or expelling child from program. An early childhood care or education program may not suspend or expel any child if the program receives state public funds from the Department of Early Learning and Care or the program is certified under ORS 329A.280 or registered under ORS 329A.330. [2021 c.576 §3]
Note: 329A.625 becomes operative July 1, 2026. See section 4, chapter 576, Oregon Laws 2021.
Note: 329A.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
CHILD CARE TAX CREDIT PROGRAM
329A.700 Definitions for ORS 329A.700 to 329A.712. As used in ORS 329A.700 to 329A.712:
(1)(a) “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.
(b) “Child care provider” does not include a person who is the child’s parent, legal guardian or custodian.
(2) “High quality child care” means child care that meets standards for high quality child care established or approved by the Early Learning Council.
(3) “Qualified contribution” means a contribution made by a taxpayer to the Department of Early Learning and Care for the purpose of promoting high quality child care, and for which the taxpayer will receive a tax credit certificate under ORS 329A.706.
(4) “Tax credit certificate” means a certificate issued by the department to a taxpayer to qualify the taxpayer for a tax credit under ORS 315.213. [Formerly 657A.700; 2015 c.701 §21; 2023 c.554 §37]
Note: 329A.700 to 329A.712 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
329A.703 Program established; purposes. (1) The Department of Early Learning and Care shall establish a program to:
(a) Allocate tax credit certificates to taxpayers that make qualified contributions to the department; 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 department 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) Strengthen the viability and improve the professional development of child care providers. [Formerly 657A.703; 2015 c.701 §22; 2017 c.186 §1; 2023 c.554 §38]
Note: See note under 329A.700.
329A.706 Program implementation; tax credit certificates; rules. (1) For the purpose of implementing the program established under ORS 329A.703, the Early Learning Council, in collaboration with the Department of Early Learning and Care, shall:
(a) Adopt rules.
(b) Identify child care goals that are consistent with the purposes provided in ORS 329A.703 (2). The goals identified under this paragraph shall take into account state resources and needs.
(2)(a) The department shall issue tax credit certificates in the chronological order in which the contributions are received by the department. The department shall issue tax credit certificates to contributors until the total value of all certificates issued by the department 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.
(b) The department 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 department under paragraph (a) of this subsection for the calendar year exceeds $500,000.
(c) Qualified contributions shall be deposited in the Child Care Fund.
(3) 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 denial or issuance of the certificate by the department. The department 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.
(4) The Early Learning Council may establish by rule any other provisions required to implement the program established under ORS 329A.700 to 329A.712.
(5) The Department of Early Learning and Care shall provide information to the Department of Revenue about all tax credit certificates issued under subsection (2) of this section, if required by ORS 315.058. [Formerly 657A.706; 2015 c.701 §23; 2017 c.186 §2; 2019 c.483 §21; 2023 c.554 §39]
Note: See note under 329A.700.
329A.709 [Formerly 657A.709; repealed by 2017 c.186 §4]
329A.712 Revenue distribution to child care providers. (1) The Department of Early Learning and Care shall distribute revenues in the Child Care Fund that are derived from contributions, minus the amounts needed to make refunds under ORS 329A.706 (3) and to cover expenses of the department in administering ORS 329A.700 to 329A.712.
(2) Revenues shall be disbursed to child care providers consistent with rules adopted by the Early Learning Council.
(3) Distributions shall be made to child care providers in the proportion that the department determines best promotes the provision of high quality child care in this state. [Formerly 657A.712; 2015 c.701 §24; 2017 c.186 §3; 2021 c.631 §42; 2023 c.554 §40]
Note: See note under 329A.700.
329A.715 [Formerly 657A.715; repealed by 2017 c.186 §4]
329A.718 [Formerly 657A.718; repealed by 2017 c.186 §4]
EARLY LEARNING AND CARE INFRASTRUCTURE FUNDING
329A.720 Findings. (1) Early educational investments are severely underfunded.
(2) There is a shortage of affordable and accessible child care in this state.
(3) Early learning and care providers have limited finances to facilitate expansion of a robust child care infrastructure.
(4) High-quality early child care investment promotes regional economic growth by increasing the number of jobs available within the child care and construction workforce sectors and by providing consistent, accessible and reliable care that is necessary to allow parents to participate in the labor force.
(5) Quality early learning and care facilities that are developmentally appropriate, inclusive of children with disabilities, culturally relevant and responsive and environmentally healthy support child brain development and the well-being of children and early learning and child care staff.
(6) Sustained public investment and technical assistance are necessary to overcome constraints and incentivize the development and expansion of early learning and care resources in this state.
(7) The purpose of ORS 329A.720 to 329A.732 is to provide financial assistance to eligible applicants for activities that promote increased early learning and care capacity across the state, in an amount determined on a case-by-case basis by the Oregon Business Development Department. [2023 c.523 §1]
Note: 329A.720 to 329A.732 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
329A.723 Definitions for ORS 329A.720 to 329A.732. As used in ORS 329A.720 to 329A.732:
(1) “Administrative costs” includes, but is not limited to, the direct and indirect costs incurred by the Oregon Business Development Department for:
(a) Reviewing and processing applications for grants and loans for financial assistance submitted by eligible applicants under ORS 329A.727.
(b) Monitoring the use of funds by recipients.
(2) “Child care facility” has the meaning given that term in ORS 329A.250.
(3) “Early child care infrastructure activity” means an activity that contributes to the development of a robust child care system in this state.
(4) “Eligible applicant” means any of the following:
(a) A certified or registered family child care provider.
(b) A person or nonprofit organization that operates a child care facility.
(c) A child care center certified under ORS 329A.280 by the Department of Early Learning and Care.
(d) Federally recognized Indian tribes in Oregon that are preschool providers participating in the Preschool Promise Program established under ORS 329.172.
(e) Organizations that support the expansion or establishment of child care providers.
(f) Programs that serve children in publicly funded early learning and care programs including:
(A) Programs funded by the Early Childhood Equity Fund established under ORS 417.781.
(B) Relief nurseries.
(C) Programs that receive subsidies through the Employment Related Day Care subsidy program under ORS 329A.500.
(D) Oregon Head Start, prekindergarten and Early Head Start programs.
(E) Programs that provide early childhood special education or early intervention services, as provided by ORS 343.475.
(g) Culturally specific early learning, early childhood and parent support programs described under ORS 417.782 (1).
(h) Any other applicants that the Oregon Business Development Department deems to be an eligible applicant as provided by department rule.
(5) “Family child care provider” has the meaning given that term in ORS 329A.430. [2023 c.523 §2]
Note: See note under 329A.720.
329A.725 Child Care Infrastructure Fund. (1)(a) The Child Care Infrastructure Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Child Care Infrastructure Fund shall be credited to the fund.
(b) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purposes set forth in ORS 329A.727.
(c) The Oregon Business Development Department shall administer the fund in consultation with the Department of Early Learning and Care.
(2) The fund shall consist of moneys credited to the fund, including:
(a) Moneys appropriated to the fund by the Legislative Assembly;
(b) Moneys transferred to the fund by the Oregon Business Development Department;
(c) Earnings on moneys in the fund;
(d) Moneys received from the federal or state government; and
(e) Moneys from any other source, including, but not limited to, grants and gifts. [2023 c.523 §3]
Note: See note under 329A.720.
329A.727 Allowable costs; rules. (1) The Oregon Business Development Department shall administer a grant and loan program to provide financial assistance to eligible applicants for allowable costs expended for early child care infrastructure activities, from moneys in the Child Care Infrastructure Fund established under ORS 329A.725, in accordance with this section.
(2) The department shall:
(a) Coordinate with the Department of Early Learning and Care and consult with the Department of Education and the Housing and Community Services Department in the design and implementation of the program.
(b) Engage with relevant stakeholders, including but not limited to nonprofit and for-profit entities that are directly or indirectly involved in child care throughout the state, to collect necessary information that may be used to facilitate the design and implementation of the program.
(3) For purposes of this section, allowable costs include, but are not limited to:
(a) Costs for the planning and design of early learning and care facilities.
(b) Costs for property acquisition to be used for early learning and care facilities or child care facility development projects.
(c) Repairs, improvements and renovations to early learning and care facilities, including climate resilience modifications, energy efficiency improvements, seismic retrofitting and necessary repairs due to a natural disaster.
(d) Child care facility development projects, including direct project management costs.
(e) Costs of contracting with third parties, including but not limited to nonprofit entities and community development financial institutions, to assist in the administration of child care infrastructure activities.
(f) Construction costs and expenses.
(g) Costs related to child care workforce investments.
(h) Costs related to providing support to organizations in the establishment or expansion of child care providers and facilities.
(i) Other costs that the Oregon Business Development Department, after consulting with the Department of Early Learning and Care, determines to be necessary to carry out early child care infrastructure activities.
(4) In addition to the allowable costs under subsection (3) of this section, the Oregon Business Development Department may use moneys from the Child Care Infrastructure Fund to pay administrative costs incurred by the department.
(5) Subject to subsection (6) of this section, the amount of financial assistance provided to eligible applicants under this section shall be in an amount prescribed by the department by rule, except that the department may not:
(a) Distribute funds to an eligible applicant that is a school district:
(A) In an amount that exceeds 25 percent of the amount appropriated to the Oregon Business Development Department under ORS 329A.725.
(B) Unless the school district has demonstrated the ability to provide matching funds in an amount that is equal to the amount of matching funds the school district is required to provide under the Oregon School Capital Improvement Matching Program under ORS 286A.801.
(b) Distribute funds to eligible applicants that are culturally specific early learning, early childhood and parent support programs described under ORS 417.782 (1), in an amount that is less than 25 percent of the total amount appropriated to the department under ORS 329A.725.
(6) The total amount of financial assistance allowable to eligible applicants under this section must be distributed with regard to the availability of funds. If the funds available in the Child Care Infrastructure Fund established under ORS 329A.725 are not adequate to provide financial support to all eligible applicants that have been approved by the department to receive financial assistance under this section, the department may prioritize distribution based on an applicant’s ability or demonstrated commitment to provide any of the following child care services to families with the greatest child care needs:
(a) Culturally and linguistically specific and appropriate early learning and care;
(b) Child care during nonstandard working hours such as evenings and weekends;
(c) Child care for infants and toddlers;
(d) Early learning and care that aligns with parent preferences; or
(e) Early learning and care in communities that have historically experienced a lack of accessible and affordable child care.
(7)(a) The department, in consultation with the Department of Early Learning and Care, shall adopt rules to implement this section. At a minimum, the rules must include:
(A) An application process by which an eligible applicant may apply for financial assistance under this section;
(B) The terms and conditions for any agreements related to financial assistance provided under this section;
(C) A process for reviewing and approving applications submitted for financial assistance received under this section;
(D) Subject to limitations under subsections (5) and (6) of this section, the amount of financial assistance that may be provided to eligible applicants; and
(E) A process for establishing prioritizations upon which the Oregon Business Development Department may base the awarding of grants and loans for financial assistance under this section to eligible applicants located in rural geographic areas and among historically underserved communities.
(b) The department shall, in consultation with the Early Learning Council established under ORS 326.425, adopt rules concerning applicants that the department may deem to be eligible applicants. [2023 c.523 §4]
Note: See note under 329A.720.
329A.730 Nonprofit grants; rules. (1) The Department of Early Learning and Care shall establish a program to award grants to nonprofit entities that have experience in providing technical assistance to child care providers for redistribution by the nonprofit organization to eligible applicants.
(2) The allowable uses of grant moneys awarded under this section include:
(a) Paying any one or more of the allowable costs described under ORS 329A.727; and
(b) Providing subgrantees with funding resources to promote the establishment and expansion of child care facilities and child care capacity in rural geographic areas and among historically underserved communities that are identified as child care deserts according to standards established by the department by rule.
(3) Upon being awarded a grant under this section, the nonprofit grantee shall enter into an agreement with the department that:
(a) Indicates the purposes for which the grant funds may be used;
(b) Requires the grantee to establish a method by which subgrantees may apply for and receive grants from the nonprofit that is consistent with the grant and loan application process established by rule by the department under ORS 329A.727; and
(c) Directs the nonprofit to administer the distribution of grant funds to subgrantees under this section.
(4) The department may adopt any rules necessary to administer this section. [2023 c.523 §5]
Note: See note under 329A.720.
329A.732 Technical assistance. (1) The Department of Early Learning and Care may provide technical assistance to support eligible applicants approved for financial assistance under ORS 329A.727 with implementing child care infrastructure expansion activities.
(2) The department shall consult and collaborate with entities that have experience with and are engaged in providing technical assistance to child care providers regarding accessing resources to promote:
(a) Child care facility and capacity expansion; and
(b) Business strategy and operations support and training. [2023 c.523 §6]
Note: See note under 329A.720.
FEDERAL MONEYS
329A.750 Department of Early Learning and Care responsible for administering federal funds. (1) The Department of Early Learning and Care shall be responsible, as designated by the Governor, for administering funds received by the State of Oregon pursuant to the federal Child Care and Development Block Grant Act of 2014, the Child Care and Development Fund and other federal child care funds and grants received by the State of Oregon.
(2) Through the legislative budgeting process, the Legislative Assembly shall identify the portions of the funds received by the State of Oregon pursuant to the federal Child Care and Development Block Grant Act of 2014 to be spent to provide quality child care, to provide child care subsidies and for administrative expenditures. The department shall administer the funds according to the portions identified by the Legislative Assembly.
(3) The department shall submit an annual report to the Legislative Fiscal Office regarding the expenditures of the funds received by the State of Oregon pursuant to the federal Child Care and Development Block Grant Act of 2014 and the most recent estimate of the balance of the funds. [2021 c.631 §13]
Note: 329A.750 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
PENALTIES
329A.990 Criminal penalty. A person who violates ORS 329A.280 commits a Class A misdemeanor. Each day of violation is a separate offense. [Formerly 657A.990]
329A.992 Suspension; revocation; civil penalty; rules; injunctive relief. (1) In addition to any other provision of law or rule adopted pursuant to ORS 329A.260 for enforcement of the provisions of ORS chapter 329A, the Department of Early Learning and Care may:
(a) Suspend or revoke a certification or registration issued under ORS 329A.250 to 329A.450, or impose a civil penalty in the manner provided in ORS 183.745, for violation of:
(A) Any of the provisions of ORS 329A.030 and 329A.250 to 329A.450;
(B) The terms and conditions of a certification or registration issued under ORS 329A.250 to 329A.450; or
(C) Any rule of the Early Learning Council adopted under ORS 329A.030 and 329A.250 to 329A.450.
(b) Impose a civil penalty in the manner provided in ORS 183.745 and file for injunctive relief in a circuit court for the provision of child care, or for having a child in an individual’s care, in violation of ORS 329A.030 (2).
(c) Remove an individual described in ORS 329A.030 (11)(d) from the Central Background Registry, or impose a civil penalty in the manner provided in ORS 183.745, for the individual’s or the subsidized care facility’s violation of:
(A) Any of the provisions of ORS 329A.030 or 329A.500; or
(B) Any rule of the Early Learning Council adopted under ORS 329A.030, 329A.500 or 329A.505.
(2) The Early Learning Council may adopt by rule a schedule establishing the civil penalties that may be imposed under this section.
(3) Except as provided in subsection (4) of this section, penalties imposed under this section may not exceed:
(a) $750 per violation for a registered family child care home.
(b) $1,200 per violation for a certified family child care home.
(c) $2,500 per violation for a certified child care center that is not a family child care home.
(4) The department may impose a civil penalty of not more than $1,500 for a child care facility that provides child care without a valid:
(a) Certification, in violation of ORS 329A.280; or
(b) Registration, in violation of ORS 329A.330.
(5) Each day that a child care facility is operating in violation of any of the provisions described in subsection (1) of this section is a separate violation.
(6) The department may revoke a child care facility’s certification or registration or deny a child care facility’s renewal application for a certification or registration if the facility fails to pay a civil penalty after the order imposing the penalty becomes final.
(7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department considers proper and consistent with the public health and safety.
(8) All moneys received under this section shall be paid into the State Treasury and credited to the General Fund. [Formerly 657A.992; 2017 c.617 §5; 2018 c.115 §13; 2019 c.679 §3; 2022 c.27 §§15,27; 2023 c.554 §41]
Note: 329A.992 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
329A.994 Civil penalty for interference with disclosure of information. Notwithstanding ORS 329A.992, the Department of Early Learning and Care shall impose a civil penalty, as provided in ORS 183.745, for the violation of ORS 329A.348. The civil penalty is $500 for each violation. [2019 c.381 §9; 2023 c.554 §42]
Note: 329A.994 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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