Oregon Revised Statutes
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. The department may maintain information about child care facilities and providers through electronic records systems. Except as …
The Department of Early Learning and Care staff shall provide technical assistance, linkage of local agencies, data collection and monitoring related to child care. 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. The department shall maintain…
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. Note: 329A.025 was enacted into law by the Legislative Assembly but was not added to or made a part of O…
The Department of Early Learning and Care shall establish a Central Background Registry and may maintain information in the registry through electronic records systems. 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. An in…
As used in ORS 329A.100 to 329A.135, “resource and referral system” means a statewide network of entities funded by the state to: Provide information to parents and guardians; Provide training and technical assistance to existing and prospective child care providers; or Recruit qualified individuals to meet the child care needs of a community.
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.
The Department of Early Learning and Care shall implement, administer and maintain the resource and referral system. Resource and referral entities must provide services including, but not limited to: Training and technical assistance for existing and potential child care providers that includes, but is not limited to, coaching, mentoring, consulting and a…
A resource and referral entity must match funds as required by the Early Learning Council by rule.
The Department of Early Learning and Care shall implement federal requirements for the resource and referral system. 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.
CHILD CARE FACILITIES (Generally)
As used in ORS 329A.030, 329A.250 to 329A.450 and 329A.500, unless the context requires otherwise: “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. “Certification” means the certification that is issued under ORS 329A.280 to a family child care home, child ca…
As used in this section, “exempt prohibited individual” means: 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. An individual whose enrollment in the Central Background Registry established by ORS 329A.030 is suspended, has been denied for cause o…
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. 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 estab…
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. In establishing minimum standards of health and safety, the council shall consult with the Oregon He…
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 recogn…
As used in this section: “Certified child care facility” means a child care facility that has been certified under ORS 329A.280. “Registered child care facility” means a child care facility that has been registered under ORS 329A.330. Every certified child care facility and registered child care facility shall: Adopt a plan to provide for the safety of c…
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 faci…
There is established in the State Treasury, separate and distinct from the General Fund, the Child Care Fund. 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 suc…
The Early Learning Council shall adopt rules establishing fees for certification, registration and recording under ORS 329A.250 to 329A.450. 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.0…
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. 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 …
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: The moral character and habits of the person will not endanger the well-being of children for whom the person is to provide care. The attitude of the person toward children and understanding of their needs…
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 …
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 a…
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. A child care facility holding a registration may care for a m…
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 serv…
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: Lapsing, suspension, revocation or voluntary surrender of a certification or registration; or Lapsing, suspension, removal or voluntary surrender of an i…
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, subjec…
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. The enforcement system developed under this section may establish: A set of progressively higher enforcement actions that the department may take in response to an individual’s or a child care f…
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…
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: That the facility or its oper…
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. The department shall make the final decision and notice thereof shall be sent by certified mail to the address of the child care fa…
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 viola…
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…
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. An authorized representative of the authority shall inspect any child care facility when requeste…
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. Ap…
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 …
As used in this section: “Certified family child care provider” means an individual who operates a family child care home that is certified under ORS 329A.280. “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. “Exempt family child care provider…
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.
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 …
EMPLOYMENT RELATED DAY CARE
As used in this section, “family” means any individual who is responsible for the care, control and supervision of a child. 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. The rules adopted under this s…
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. When conducting an investigation under this section, the department may: Take evidence; Take the depositions of witnesses, including the person under investi…
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. The Department of Early Learning and Care shall adopt standards and processes to reduce barriers that imp…
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. The purposes of the Early Childhood Suspension and Expulsion Prevention Program are to: Reduce the use of suspension and expulsion in early childhood care and education programs;…
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. Note: 329A.625 becomes operative July 1, 2026. See section 4, chapter 576, Oregon Laws 2021. Note: 329A.625…
As used in ORS 329A.700 to 329A.712: “Child care provider” means a provider, for compensation, of care, supervision or guidance to a child on a regular basis in a center or in a home other than the child’s home. “Child care provider” does not include a person who is the child’s parent, legal guardian or custodian. “High quality child care” means child car…
The Department of Early Learning and Care shall establish a program to: Allocate tax credit certificates to taxpayers that make qualified contributions to the department; and Distribute to child care providers moneys from qualified contributions and other contributions. The purposes of the program are to: Encourage taxpayers to make contributions to the …
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: Adopt rules. 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 res…
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. Revenues shall be disbursed to child care providers consistent with rules adopted by…
EARLY LEARNING AND CARE INFRASTRUCTURE FUNDING
Early educational investments are severely underfunded. There is a shortage of affordable and accessible child care in this state. Early learning and care providers have limited finances to facilitate expansion of a robust child care infrastructure. High-quality early child care investment promotes regional economic growth by increasing the number of jobs…
As used in ORS 329A.720 to 329A.732: “Administrative costs” includes, but is not limited to, the direct and indirect costs incurred by the Oregon Business Development Department for: Reviewing and processing applications for grants and loans for financial assistance submitted by eligible applicants under ORS 329A.727. Monitoring the use of funds by recipi…
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. Moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purposes set forth in ORS 329A.727. The Oregon Busin…
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. The department shall: Coor…
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. The allowable uses of grant moneys awarded under this section include: Paying any one or more of the…
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. The department shall consult and collaborate with entities that have experience with and are engaged in providing technical assistance…
The Oregon Business Development Department shall enter into an interagency agreement with the Bureau of Labor and Industries to develop and administer a program to provide financial support and child care subsidies to: Apprentices who are participating in a course of study in construction under ORS 660.002 to 660.210. Journeyworkers who have completed an a…
The CHIPS Child Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the CHIPS Child Care Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Business Development Department for the following purposes: Paying the actual costs incurred by the department…
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. Through the legis…
A person who violates ORS 329A.280 commits a Class A misdemeanor. Each day of violation is a separate offense.
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: 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…
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. 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 leg…