 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Oregon |
|
USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 657A Child Care
|
|
(1) There is
established within the Employment Department a Child Care Division. The
Child Care Division, as designated by the Governor, shall be responsible
for administering funds received by the State of Oregon pursuant to the
federal Child Care and Development Block Grant Act of 1990, the Dependent
Care Planning and Development Grant and other federal child care funds
and grants received by the State of Oregon.
(2) There is established in the State Treasury, separate and
distinct from the General Fund, the Child Care Fund. Such fund shall
consist of moneys collected and received by the Child Care Division
pursuant to subsection (1) of this section, ORS 657A.310, and such moneys
as may be otherwise made available by law. Interest earned on the fund
shall be credited to the fund. The moneys in the Child Care Fund are
appropriated continuously to the Child Care Division and shall be used in
a manner consistent with the grant of funds or for the administration of
ORS 181.537, 657A.030 and 657A.250 to 657A.450. [Formerly part of
657.601; 1995 c.37 §7; 1997 c.431 §6; 1997 c.753 §3] (1) The Child Care Division staff
shall provide technical assistance, linkage of local agencies, data
collection and monitoring.
(2) The Child Care Division shall continually monitor and
disseminate information about federal and charitable programs for the
purposes of ORS 657A.100 to 657A.190. [Formerly 418.361](1) The Child Care Division of
the Employment Department shall establish a Criminal History Registry.
(2) All subject individuals shall be enrolled in the Criminal
History Registry established by the division.
(3) Upon receiving an application for enrollment in the Criminal
History Registry, the division shall complete a criminal records check
under ORS 181.534 and shall complete a child protective services records
check with the Department of Human Services. The division shall enroll
the individual in the registry if the individual:
(a) Is determined to have no criminal or child protective services
history or to have dealt with the issues and provided adequate evidence
of suitability for the registry;
(b) Has paid the applicable fee established pursuant to ORS
657A.275; and
(c) Has complied with the rules of the division adopted pursuant to
this section.
(4) The division may conditionally enroll an individual in the
registry pending the results of a nationwide criminal records check
through the Federal Bureau of Investigation if the individual has met
other requirements of the division for enrollment in the registry.
(5) An enrollment in the Criminal History Registry shall expire two
years from the date of enrollment and may be renewed upon application to
the division, payment of the fee established pursuant to ORS 657A.275 and
compliance with rules adopted by the division pursuant to this section.
However, an individual who is determined to be ineligible for enrollment
in the registry after the date of initial enrollment shall be removed
from the registry by the division.
(6)(a) A child care facility shall not hire or employ an individual
if the individual is not enrolled in the Criminal History Registry.
(b) Notwithstanding paragraph (a) of this subsection, a child care
facility may employ on a probationary basis an individual who is
conditionally enrolled in the Criminal History Registry.
(7) The division may adopt any rules necessary to carry out the
purposes of this section and the criminal records check program.
(8) For purposes of this section, “subject individual” means a
subject individual as defined by the division by rule or a person who
applies to be:
(a) The operator or an employee of a child care or treatment
program;
(b) The operator or an employee of an Oregon prekindergarten
program under ORS 329.170 to 329.200;
(c) The operator or an employee of a federal Head Start program
regulated by the United States Department of Health and Human Services;
(d) An individual in a child care facility who may have
unsupervised contact with children as identified by the division;
(e) A contractor or an employee of the contractor who provides
early childhood special education or early intervention services pursuant
to ORS 343.455 to 343.534; or
(f) A child care provider who is required to be enrolled in the
Criminal History Registry by any state agency. [1997 c.431 §2; 1997 c.753
§18; 2001 c.831 §29; 2005 c.730 §29]RESOURCE AND REFERRAL PROGRAMS As used in ORS
657A.100 to 657A.190 “resource and referral agencies” means agencies with
programs that provide information to parents, including referrals and
coordination of community resources for parents and public or private
providers of child care. [Formerly 418.342; 1995 c.278 §3] The Legislative Assembly believes that:
(1) Child care resource and referral programs involving a statewide
network of local resource and referral agencies coordinated centrally are
essential to long-range solutions to the child care crisis. Services may
be both public and private ventures, which meet the needs of diverse
audiences including, but not limited to:
(a) Parents for consumer education to find, select and maintain
quality child care;
(b) Providers for access to training and consultation;
(c) Employers for cost-effective solutions to meet the needs of
their workforce;
(d) Communities to plan effectively for improvements to the system;
and
(e) The state for the need of a productive workforce.
(2) The state has an essential role in solving the child care
crisis by becoming a stable partner with parents, local communities,
employers and private contributors in developing solid child care
resource and referral agencies for all citizens. [Formerly 418.344] Services
offered by resource and referral agencies shall include but are not
limited to assistance for:
(1) Parents in locating available and appropriate child care,
including counseling on how to choose a quality arrangement and sources
of subsidies for low income families;
(2) Parents in locating child care during nontraditional work hours;
(3) Parents of handicapped children in locating available and
appropriate child care and respite care services;
(4) Parents in locating child care for ill children;
(5) Providers of child care programs in acquiring clients for their
services;
(6) Providers of child care programs in upgrading the quality of
services offered and business operation;
(7) Communities in assessing and recruiting for underserved needs;
and
(8) Employers in providing assistance to employees in locating or
providing child care. [Formerly 418.346; 1995 c.278 §4] Each resource
and referral agency shall establish a referral process, maintain a record
file of existing child care facilities in the designated area, maintain
documentation of requests, provide consultation to parents and provide
technical assistance to providers of child care. [Formerly 418.348](1) Resource and referral agencies shall make referrals to
certified child care facilities. Referrals shall be made to uncertified
child care facilities only if there is no requirement that the facility
be certified.
(2) The referral process shall:
(a) Afford parents maximum access to all referral information.
Access shall include, but is not limited to, telephone referrals to be
made available for at least 20 hours per week of operation, including
nontraditional hours.
(b) Make every effort to be accessible to all parents within the
defined geographic area, including but not limited to any of the
following:
(A) Toll-free telephone lines;
(B) Office space convenient to parents and providers; and
(C) Referrals in languages which are spoken in the community.
(3) Each child care resource and referral agency shall publicize
its services through available sources, agencies and other appropriate
methods. [Formerly 418.350] (1) A resource file shall be
maintained by resource and referral agencies to identify the full range
of existing child care services through information provided by all
relevant public and private agencies in the areas of service and through
the development of a resource file of those services which shall be
maintained and updated at least annually.
(2) The resource file shall include, but not be limited to, the
following information:
(a) Type of program;
(b) Hours of service;
(c) Ages of children served;
(d) Fees and eligibility for services; and
(e) Significant program information. [Formerly 418.352] (1) Resource and
referral agencies shall maintain documentation of requests for service.
The following documentation of requests shall be maintained by resource
and referral agencies:
(a) Number and time of calls and contacts to the child care
resource and referral agency;
(b) Ages of children for whom care is requested;
(c) Time category of child care requested for each child;
(d) Special time category, such as nights, weekends and swing
shift; and
(e) The reason child care is needed.
(2) The information shall be maintained in such a manner that it is
easily accessible for dissemination and evaluation purposes. [Formerly
418.354]
(1) Resource and referral agencies shall provide technical assistance,
with input from providers, to existing and potential providers of all
types of child care services. Assistance shall include, but not be
limited to, the following:
(a) Information on initiating new child care services, including
but not limited to licensing, zoning, program and budget development and
assistance in finding information from other such sources;
(b) Information and resources which shall help existing child care
services providers to maximize their ability to serve the children and
parents of the community; and
(c) Facilitation of communication between existing child care and
child-related services providers in the community served.
(2) Services prescribed by this section shall be provided in order
to maximize parental choice in the selection of child care and to
facilitate the maintenance and development of child care services and
resources. [Formerly 418.356] (1) There is created
an advisory committee to advise the Child Care Division on the
development and administration of child care resource and referral
policies and practices. The advisory committee shall include but not be
limited to three members of the Commission for Child Care. The Child Care
Division shall, in consultation with the advisory committee, establish
criteria for proposals, prepare requests for proposals, receive proposals
and award grants for the establishment of resource and referral programs.
(2) The Child Care Division shall collect and report data
concerning resource and referral programs.
(3) The local resource and referral agencies shall match grant
funds in an amount not less than 10 percent of grant funds received.
Matching financial support includes, but is not limited to, in-kind
contributions.
(4) As used in this section, “in-kind contributions” means
nonmonetary contributions that include but are not limited to:
(a) Provision of rent-free program space;
(b) Provision of utilities;
(c) Provision of custodial services;
(d) Provision of secretarial services;
(e) Provision of liability insurance or health insurance benefits;
(f) Administrative services; and
(g) Transportation services. [Formerly 418.358; 1995 c.278 §5; 2003
c.293 §7]
(1) The criteria for the renewal of a resource and referral program shall
include the following:
(a) Current and continuous satisfactory performance as a resource
and referral agency providing the full range of services required by ORS
657A.100 to 657A.190.
(b) Full fiscal and program compliance with contract requirements
established by the Child Care Division.
(c) Cost effectiveness.
(d) Extent and quality of service to the community.
(2) The division shall reallocate any funds made available through
nonrenewal of a contract for resource and referral programs.
(3) Satisfactory contract performance by a resource and referral
agency shall be a condition for the renewal of that contract in the
subsequent fiscal year. [Formerly 418.363; 1995 c.278 §6]CHILD CARE FACILITIES(Generally) As
used in ORS 657A.030 and 657A.250 to 657A.450, unless the context
requires otherwise:
(1) “Babysitter” means a person who goes into the home of a child
to give care during the temporary absence of the parent or legal guardian
or custodian.
(2) “Certification” means the certification that is issued under
ORS 657A.280 by the Child Care Division to a family child care home,
child care center or other child care facility.
(3) “Child” means a child under 13 years of age or a child under 18
years of age who has special needs or disabilities and requires a level
of care that is above normal for the child’s age.
(4) Subject to ORS 657A.440, “child care” means the care,
supervision and guidance on a regular basis of a child, unaccompanied by
a parent, guardian or custodian, provided to a child during a part of the
24 hours of the day, in a place other than the child’s home, with or
without compensation. “Child care” does not include care provided:
(a) In the home of the child;
(b) By the child’s parent, guardian, or person acting in loco
parentis;
(c) By a person related to the child by blood or marriage within
the fourth degree as determined by civil law;
(d) On an occasional basis by a person not ordinarily engaged in
providing child care;
(e) By providers of medical services;
(f) By a babysitter;
(g) By a person who cares for children from only one family other
than the person’s own family;
(h) By a person who cares for no more than three children other
than the person’s own children; or
(i) By a person who is a member of the child’s extended family, as
determined by the division on a case-by-case basis.
(5) “Child care facility” means any facility that provides child
care to children, including a day nursery, nursery school, child care
center, certified or registered family child care home or similar unit
operating under any name, but not including any:
(a) Facility providing care that is primarily educational, unless
provided to a preschool child for more than four hours a day.
(b) Facility providing care that is primarily supervised training
in a specific subject, including but not limited to dancing, drama, music
or religion.
(c) Facility providing care that is primarily an incident of group
athletic or social activities sponsored by or under the supervision of an
organized club or hobby group.
(d) Facility operated by:
(A) A school district as defined in ORS 332.002;
(B) A political subdivision of this state; or
(C) A governmental agency.
(e) Residential facility licensed under ORS 443.400 to 443.455.
(f) Babysitters.
(g) Facility operated as a parent cooperative for no more than four
hours a day.
(h) Facility providing care while the child’s parent remains on the
premises and is engaged in an activity offered by the facility or in
other nonwork activity.
(6) “Division” means the Child Care Division of the Employment
Department.
(7) “Family” has the meaning given that term in ORS 329.145.
(8) “Occasional” means that care is provided for no more than 70
days in any calendar year.
(9) “Parent cooperative” means a child care program in which:
(a) Care is provided by parents on a rotating basis;
(b) Membership in the cooperative includes parents;
(c) There are written policies and procedures; and
(d) A board of directors that includes parents of the children
cared for by the cooperative controls the policies and procedures of the
program.
(10) “Registration” means the registration that is issued under ORS
657A.330 by the Child Care Division to a family child care home where
care is provided in the family living quarters of the provider’s home.
(11) “School age” means of an age eligible to be enrolled in the
first grade or above and, during the months of summer vacation from
school, means of an age eligible to be enrolled in first grade or above
in the next school year. [Formerly 418.805; 1995 c.278 §8; 1997 c.431 §7;
1997 c.753 §4; 1999 c.743 §1; 2003 c.293 §8; 2003 c.366 §1] (1)
After consultation with appropriate agencies and interested persons, the
Child Care Division by rule shall establish minimum standards for child
care facilities and the operation thereof and for the administration of
ORS 657A.030 and 657A.250 to 657A.450.
(2) In establishing minimum standards of health and safety, the
division shall consult with the Department of Human Services and the
State Fire Marshal and shall give consideration to their recommendations
and to all basic requirements for the protection of the children to
receive child care, including the criteria prescribed in ORS 657A.290,
and may adopt rules applicable to different categories of child care
facilities, considering:
(a) The numbers and ages of the children to receive care in the
child care facility.
(b) The number, experience and training of the staff of the child
care facility.
(c) The types and qualities of equipment and other factors in the
physical plant of the child care facility.
(d) Any other factor affecting the care provided in the child care
facility. [Formerly 418.820; 1995 c.278 §9; 1997 c.431 §8; 1997 c.753 §5] (1) A
certification or registration authorized by ORS 657A.030 and 657A.250 to
657A.450 and issued to a child care facility may be renewed upon
submission of an application and payment of the required fee not later
than 30 days prior to the expiration date of the current certification or
registration if the Child Care Division of the Employment Department
finds that the child care facility that is seeking renewal of the
certification or registration is in compliance with the requirements of
ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the rules promulgated
pursuant to ORS 181.534, 181.537, 657A.030 and 657A.250 to 657A.450.
(2) Upon submission of an application for renewal in proper time,
manner and form, and payment of the required fee, the current
certification or registration, unless officially revoked, shall remain in
force until the Child Care Division has acted on the application for
renewal and has given notice of the action taken. [Formerly 418.835; 1995
c.278 §10; 1997 c.431 §9; 1997 c.753 §6; 1999 c.382 §§6,7; 2001 c.104
§252; 2005 c.730 §30] (1) Subject to prior approval of the
Oregon Department of Administrative Services and a report to the
Legislative Assembly prior to adopting the fees and charges, the fees and
charges established under ORS 181.534, 657A.030 and 657A.250 to 657A.450
may not exceed the cost of administering the program of the Child Care
Division of the Employment Department pertaining to the purpose for which
the fee is established, as authorized by the Legislative Assembly within
the budget of the division.
(2) Notwithstanding subsection (1) of this section and any other
provision of this chapter, the following fees established by the division
under ORS 657A.030 and 657A.250 to 657A.450 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 administering a class on child care abuse and neglect
issues, $10; and
(g) For enrollment in the Criminal History Registry, the cost of
administering the program, including fees for:
(A) Duplicate enrollment in the Criminal History Registry;
(B) Law Enforcement Data System criminal records check; and
(C) Federal Bureau of Investigation fingerprint check. [1995 c.647
§2; 1997 c.431 §5; 1997 c.753 §7; 1999 c.382 §5; 1999 c.743 §3; 2003
c.293 §9; 2005 c.730 §31](Certification) (1) A person may not
operate a child care facility, except a facility subject to the
registration requirements of ORS 657A.330, without a certification for
the facility from the Child Care Division.
(2) The Child Care Division shall adopt rules for the certification
of a family child care home caring for not more than 16 children. The
rules shall be specifically adopted for the regulation of certified child
care facilities operated in a facility constructed as a single-family
dwelling. Notwithstanding fire and other safety regulations, the rules
that the Child Care Division adopts for certified child care facilities
shall set standards that can be met without significant architectural
modification of a typical home. In adopting the rules, the Child Care
Division may consider and set limits according to factors including the
age of children in care, the ambulatory ability of children in care, the
number of the provider’s children present, the length of time a
particular child is continuously cared for and the total amount of time a
particular child is cared for within a given unit of time.
(3) In addition to rules adopted for and applied to a certified
family child care home providing child care for not more than 16
children, the Child Care Division shall adopt and apply separate rules
appropriate for any child care facility that is a child care center.
(4) Any person seeking to operate a child care facility may apply
for a certification for the facility from the Child Care Division and
receive a certification upon meeting certification requirements.
[Formerly 418.810; 1995 c.278 §11; 1999 c.743 §4; 2001 c.104 §253; 2003
c.293 §10; 2005 c.408 §1] A person
applying for a certification for a child care facility shall demonstrate
to the satisfaction of the Child Care Division that:
(1) The moral character and habits of the person will not endanger
the well-being of children for whom the person is to provide care.
(2) The attitude of the person toward children and understanding of
their needs qualify the person to care for children.
(3) The person is physically and mentally capable of caring for
children.
(4) The facility and its operation are adequate to protect the
health, the safety and the physical, moral and mental well-being of the
children to be cared for in the facility, including but not limited to:
(a) Adequate staffing by suitable persons qualified by education or
experience to meet their respective responsibilities in the care of
children.
(b) Adequate physical facilities for the care of children, such as
building construction, sanitation, plumbing, heating, lighting,
ventilation, maintenance, indoor and outdoor activity areas and fire
protection.
(c) A program of activities conforming to recognized practices in
the areas of child welfare, education and physical and mental health to
provide opportunity for development and recreation.
(d) Exclusion from the facility of individuals whose presence may
be detrimental to the welfare of children, including exclusion of any
individual with a criminal record indicating conviction of any crime
which would bar the individual from operating or being employed in a
child care facility under ORS 657A.260. [Formerly 418.815; 1995 c.278
§12; 1999 c.743 §6](1) Upon receipt of an
application for a certification, accompanied by the required fee, the
Child Care Division shall issue a certification if the division finds
that the child care facility and its operations are in compliance with
the requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450 and
the rules promulgated pursuant to ORS 181.534, 181.537, 657A.030 and
657A.250 to 657A.450.
(2) The Child Care Division may issue a temporary certification,
subject to reasonable terms and conditions, for a period not longer than
180 days to a child care facility that does not comply with the
requirements and rules if the division finds that the health and safety
of any child will not be endangered thereby. Not more than one temporary
certification shall be issued for the same child care facility in any
12-month period.
(3) The Child Care Division shall serve as the state agency
authorized, upon request, to certify compliance with applicable federal
child care standards or requirements by any facility providing child care
in the state. [Formerly 418.825; 1995 c.278 §13; 1997 c.431 §10; 1997
c.753 §8; 1999 c.743 §7; 2005 c.730 §32](1) Application for a
certification or for the annual renewal thereof shall be made to the
Child Care Division on forms provided by the division and accompanied by
a nonrefundable fee. The fee shall vary according to the type of facility
and the number of children for which the facility is requesting to be
certified, and shall be determined and applied through rules adopted by
the division pursuant to ORS 657A.275.
(2) All fees received under subsection (1) of this section shall be
deposited in the Child Care Fund established under ORS 657A.010 (2) and
may be used for the administration of ORS 181.537, 657A.030 and 657A.250
to 657A.450.
(3) Any certification issued pursuant to ORS 657A.030 and 657A.250
to 657A.450 authorizes operation of the facility only on the premises
described in the certification and only by the person named in the
certification.
(4) Unless sooner revoked, a temporary certification expires on the
date specified therein. Unless sooner revoked and except as provided in
ORS 657A.270 (2), an annual certification expires one year from the date
of issuance. [Formerly 418.830; 1995 c.647 §3; 1997 c.431 §11; 1997 c.753
§9; 1999 c.743 §8](Registration)(1) A provider operating a family child care
home where care is provided in the family living quarters of the
provider’s home that is not subject to the certification requirements of
ORS 657A.280 may not operate a child care facility without registering
with the Child Care Division of the Employment Department.
(2) A child care facility holding a registration may care for a
maximum of 10 children, including the provider’s own children. Of the 10
children:
(a) No more than six may be younger than school age; and
(b) No more than two may be 24 months of age or younger.
(3)(a) To obtain a registration, a provider must apply to the Child
Care Division by submitting a completed application work sheet and a
nonrefundable fee. The fee shall vary according to the number of children
for which the facility is requesting to be registered, and shall be
determined and applied through rules adopted by the division under ORS
657A.275. The fee shall be deposited as provided in ORS 657A.310 (2). The
division may waive any or all of the fee if the division determines that
imposition of the fee would impose a hardship on the provider.
(b) Upon receipt of an initial or renewal application satisfactory
to the division, the division shall conduct an on-site review of the
child care facility under this section. The on-site review shall be
conducted within 30 days of the receipt of a satisfactory application.
(4) The division shall issue a registration to a provider operating
a family child care home if:
(a) The provider has completed a child care overview class
administered by the division;
(b) The provider has completed two hours of training on child abuse
and neglect issues;
(c) The provider is currently certified in infant and child first
aid and cardiopulmonary resuscitation;
(d) The provider is certified as a food handler under ORS 624.570;
and
(e) The division determines that the application meets the
requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450 and the
rules promulgated pursuant to ORS 181.534, 181.537, 657A.030 and 657A.250
to 657A.450, and receives a satisfactory records check, including
criminal records and protective services records.
(5) Unless the registration is revoked as provided in ORS 657A.350,
the registration is valid for a period of two years from the date of
issuance. The division may renew a registration of a provider operating a
family child care home if the provider:
(a) Is currently certified in infant and child first aid and
cardiopulmonary resuscitation;
(b) Has completed a minimum of eight hours of training related to
child care during the most recent registration period; and
(c) Is certified as a food handler under ORS 624.570.
(6) A registration authorizes operation of the facility only on the
premises described in the registration and only by the person named in
the registration.
(7) The division shall adopt rules:
(a) Creating the application work sheet required under subsection
(3) of this section;
(b) Defining full-time and part-time care;
(c) Establishing under what circumstances the adult to child ratio
requirements may be temporarily waived; and
(d) Establishing health and safety procedures and standards on:
(A) The number and type of toilets and sinks available to children;
(B) Availability of steps or blocks for use by children;
(C) Room temperature;
(D) Lighting of rooms occupied by children;
(E) Glass panels on doors;
(F) Condition of floors;
(G) Availability of emergency telephone numbers; and
(H) Smoking.
(8) The division shall adopt the application work sheet required by
subsection (3) of this section. The work sheet must include, but need not
be limited to, the following:
(a) The number and ages of the children to be cared for at the
facility; and
(b) The health and safety procedures in place and followed at the
facility.
(9) The division, upon good cause shown, may waive one or more of
the registration requirements. The division may waive a requirement only
if appropriate conditions or safeguards are imposed to protect the
welfare of the children and the consumer interests of the parents of the
children. The division may not waive the on-site review requirement for
applicants applying for an initial registration or renewal of a
registration.
(10) The division, by rule, shall develop a list of recommended
standards consistent with standards established by professional
organizations regarding child care programs for child care facilities.
Compliance with the standards is not required for a registration, but the
division shall encourage voluntary compliance and shall provide technical
assistance to a child care facility attempting to comply with the
standards. The child care facility shall distribute the list of
recommended minimum standards to the parents of all children cared for at
the facility.
(11) In adopting rules relating to registration, the division shall
consult with the appropriate legislative committee in developing the
rules to be adopted. If the rules are being adopted during a period when
the Legislative Assembly is not in session, the division shall consult
with the appropriate interim legislative committee.
(12) A person who violates this section is subject to a civil
penalty not to exceed $100. The Child Care Division may impose the civil
penalty for violation of any of the terms or conditions of a
registration. [1993 c.733 §2; 1995 c.278 §14; 1995 c.647 §4; 1997 c.399
§1; 1999 c.382 §8; 1999 c.743 §9; 2001 c.104 §254; 2001 c.528 §1; 2003
c.293 §11; 2005 c.730 §33](Discipline; Enforcement)An initial application from a child care facility for
certification or registration or a renewal application from a child care
facility for certification or registration may be denied, or a temporary
or regular certification or regular registration may be revoked or
suspended, if the Child Care Division of the Employment Department finds:
(1) That the facility or its operation does not comply with ORS
181.537, 657A.030 and 657A.250 to 657A.450 or with applicable rules or
with any term or condition imposed under the certification or
registration; or
(2) That visitation, on-site review or inspection of a facility or
its records authorized by ORS 657A.390 or 657A.400 has not been
permitted. [Formerly 418.840; 1997 c.431 §12; 1997 c.753 §10; 1999 c.743
§12] (1) Upon
deciding to deny, revoke, suspend or not to renew a certification or
registration, the Child Care Division of the Employment Department shall
give notice and opportunity for hearing as provided in ORS chapter 183.
(2) The Child Care Division shall make the final decision and
notice thereof shall be sent by certified mail to the address of the
child care facility as shown on the records of the division. The decision
of the division is reviewable by the Court of Appeals in the manner
provided in ORS 183.480 for the review of orders in contested cases.
[Formerly 418.845; 1995 c.278 §15; 1999 c.743 §13] Without the necessity of prior administrative
proceedings or hearing and entry of an order or at any time during such
proceedings if they have been commenced, the Child Care Division may
institute proceedings to enjoin the operation of any child care facility
operating in violation of ORS 181.537, 657A.030 and 657A.250 to 657A.450
or the rules promulgated pursuant to ORS 181.534, 181.537, 657A.030 and
657A.250 to 657A.450. [Formerly 418.870; 1995 c.278 §16; 1997 c.431 §13;
1997 c.753 §11; 2005 c.730 §34](Inspection)(1) Whenever an authorized representative of the
Child Care Division is advised or has reason to believe that child care
that is subject to regulation by the division is being provided without a
certification or registration, the authorized representative may visit
and conduct an on-site investigation of the premises of the facility at
any reasonable time to determine whether the facility is subject to the
requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450.
(2) At any reasonable time, an authorized representative of the
Child Care Division may conduct an on-site investigation of the premises
of any certified or registered child care facility to determine whether
the child care facility is in conformity with ORS 181.537, 657A.030 and
657A.250 to 657A.450 and the rules promulgated pursuant to ORS 181.534,
181.537, 657A.030 and 657A.250 to 657A.450.
(3) An authorized representative of the Child Care Division shall
conduct an on-site investigation of the premises of any certified or
registered child care facility or of any other child care facility that
is subject to regulation by the division if the division receives a
serious complaint about the child care facility. The division, by rule,
shall adopt a definition for “serious complaint.”
(4) Any state agency that receives a complaint about a certified or
registered child care facility shall notify the Child Care Division about
the complaint and any subsequent action taken by the state agency based
on that complaint.
(5) The director and operator of a child care facility shall permit
an authorized representative of the division to inspect records of the
facility and shall furnish promptly reports and information required by
the division. [Formerly 418.850; 1995 c.278 §17; 1997 c.431 §14; 1997
c.753 §12; 1999 c.743 §§14,14a; 2005 c.730 §35] (1) An
authorized representative of the Department of Human Services may inspect
the premises of a child care facility certified under ORS 657A.280 to
determine whether the facility is in conformity with applicable laws and
regulations relating to health and sanitation.
(2) An authorized representative of the Department of Human
Services shall inspect any child care facility when requested to do so by
the Child Care Division in accordance with arrangements under ORS
657A.420 and shall submit written findings to the Child Care Division.
The Child Care Division shall not issue or renew any certification for
any child care facility for which an inspection by the Department of
Human Services has been requested unless an authorized representative of
the Department of Human Services submits a written finding that the
facility is in compliance with applicable laws and regulations relating
to health and sanitation.
(3) An environmental health specialist’s inspection may be
performed by a private consultant so long as the consultant is registered
under ORS chapter 700. [Formerly 418.855; 1995 c.79 §334; 1995 c.278 §18;
1999 c.743 §15; 2003 c.293 §15; 2003 c.547 §116] (1) In the event
that any authorized representative of the Child Care Division, Department
of Human Services or other agency is denied access to any premises for
the purpose of making an inspection in the administration of ORS 181.537,
657A.030 and 657A.250 to 657A.450, the representative shall not inspect
the premises without a search warrant.
(2) Application for a search warrant to inspect the premises shall
be made to any magistrate authorized to issue a warrant of arrest. The
application must be supported by an affidavit filed with the magistrate
showing probable cause for the inspection by stating the purpose and
extent of the proposed inspection, the statutes and rules which provide
the basis for inspection, whether it is a routine or periodic inspection,
an on-site review or an investigation instituted by complaint and other
specific or general information concerning the premises.
(3) If the magistrate is satisfied that there is probable cause to
believe that the grounds of the application exist, the magistrate shall
issue the search warrant specifying the purpose and extent of the
inspection, on-site review or investigation of the premises covered by
the warrant. [Formerly 418.860; 1997 c.431 §15; 1997 c.753 §13; 1999
c.743 §16] The Child Care
Division may enter into cooperative arrangements with the Department of
Human Services, the State Fire Marshal and other public agencies for the
provision of services in the inspection of child care facilities in the
administration of ORS 181.537, 657A.030 and 657A.250 to 657A.450. The
arrangements shall designate which services shall be reimbursed and the
rate and manner of reimbursement. [Formerly 418.865; 1995 c.278 §19; 1997
c.431 §16; 1997 c.753 §14; 2001 c.900 §214](Miscellaneous)(1) A registered or certified family
child care home shall be considered a residential use of property for
zoning purposes. The registered or certified family child care home shall
be a permitted use in all areas zoned for residential or commercial
purposes, including areas zoned for single-family dwellings. A city or
county may not enact or enforce zoning ordinances prohibiting the use of
a residential dwelling, located in an area zoned for residential or
commercial use, as a registered or certified family child care home.
(2) A city or county may impose zoning conditions on the
establishment and maintenance of a registered or certified family child
care home in an area zoned for residential or commercial use if the
conditions are no more restrictive than conditions imposed on other
residential dwellings in the same zone.
(3) A county may:
(a) Allow a registered or certified family child care home in an
existing dwelling in any area zoned for farm use, including an exclusive
farm use zone established under ORS 215.203;
(b) Impose reasonable conditions on the establishment of a
registered or certified family child care home in an area zoned for farm
use; and
(c) Allow a division of land for a registered or certified family
child care home in an exclusive farm use zone only as provided in ORS
215.263 (9).
(4) This section applies only to a registered or certified family
child care home where child care is offered in the home of the provider
to not more than 16 children, including children of the provider,
regardless of full-time or part-time status. [Formerly 418.817; 1995
c.278 §20; 1999 c.743 §17; 2001 c.704 §6; 2003 c.293 §12; 2005 c.408 §2] The Child Care Division
may consult with, advise or train the staffs of child care facilities or
other interested persons concerning child care programs. [Formerly
418.885; 1995 c.278 §21]Notwithstanding any other provision of
law, children of any person providing babysitting or child care services
within the person’s own home shall not be required to sleep in any area
other than their normal sleeping quarters. Such children related by blood
within the first degree of consanguinity shall not be segregated by age
grouping while in the care of a person providing babysitting or child
care services if the parents request exemption from the operation of any
statute or rule requiring such segregation or separation by age.
[Formerly 418.890; 1995 c.278 §22]CHILD CARE PROVIDER TRAINING If the
Department of Education is able to find adequate funding under ORS
657A.493, the department, in partnership with organizations including,
but not limited to, the Institute on Violence and Destructive Behavior at
the University of Oregon, the Child Care Division of the Employment
Department, the State Commission on Children and Families and the Oregon
Center for Career Development in Childhood Care and Education:
(1) Shall establish, in coordination with existing training
systems, a statewide child care provider training program that will
educate child care providers on:
(a) The importance of healthy brain development in the first three
years of a child’s life.
(b) The identification of risk factors and behaviors that indicate
that a child:
(A) Needs special education or mental health treatment; or
(B) Is at risk of becoming involved in the criminal justice system.
(c) Appropriate referrals for intervention for the behaviors
identified under paragraph (b) of this subsection.
(2) Shall establish an application process for child care providers
who wish to attend the program and may charge child care providers a fee
for attending the program.
(3) May adopt any rules necessary to implement this section. [1999
c.992 §1]Note: 657A.490 and 657A.493 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter
657A or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation. The Department of Education
shall seek funds from public and private sources to implement and operate
the child care provider training program established under ORS 657A.490.
[1999 c.992 §2]Note: See note under 657A.490.COMMISSION FOR CHILD CARE (1) The Commission for
Child Care is created within the Employment Department to address the
issues, problems and alternative solutions that are critical to the
development of accessible, affordable and quality child care services.
(2) The commission shall submit to the Governor at the commencement
of each biennium a report containing the concerns and issues which have
been identified pursuant to the terms of ORS 182.105 and 657A.600 to
657A.630, and further identifying the programs, projects and activities
which the commission will undertake regarding those issues. [1985 c.753
§1; 1993 c.344 §25; 1995 c.278 §25] (1) The Commission for
Child Care shall be comprised of 18 members, to include three
representatives from the Legislative Assembly, one appointed by the
President of the Senate and two appointed by the Speaker of the House of
Representatives who shall serve as nonvoting members on matters other
than those described in ORS 657A.600. Fifteen voting members shall be
appointed as follows:
(a) Two persons who provide or engage in the provision of child
care services at a child care facility certified or registered under ORS
657A.030 and 657A.250 to 657A.460, one of whom must be a trainer of child
care facility employees, appointed by the Governor;
(b) Two persons who are representatives of state or local
government, one of whom is appointed by the Speaker of the House of
Representatives and one by the President of the Senate;
(c) One person who is qualified by education or experience to
render an opinion with regard to the tax and legal issues concerning
child care appointed by the Governor;
(d) One person who is representative of for-profit businesses
appointed by the President of the Senate;
(e) One person who is representative of not-for-profit businesses
appointed by the Speaker of the House of Representatives;
(f) One person who is representative of labor appointed by the
Speaker of the House of Representatives;
(g) One person who is representative of the business community
appointed by the Governor;
(h) Two persons who are members at large appointed by the Governor;
(i) One person whose profession involves the physical and mental
well-being of children appointed by the Governor;
(j) Two persons who are consumers of child care, as defined in ORS
657A.250, one of whom is receiving or is qualified to receive
state-subsidized child care assistance, one appointed by the Speaker of
the House of Representatives and one by the President of the Senate; and
(k) One person who is a representative of a child care resource and
referral agency appointed by the Governor.
(2) Appointed members shall serve for three-year terms. Legislators
shall serve two-year terms.
(3) The Governor shall designate the chairperson of the commission
to serve for a term of one year.
(4) Members shall meet at the call of the chairperson no more than
once every 30 days.
(5) Consistent with Oregon law, the Child Care Division on behalf
of the commission may receive and accept grants, gifts and other funds
and disburse such grants, gifts or other funds for purposes consistent
with the purposes of the commission.
(6) The commission shall make recommendations to the Director of
the Employment Department regarding staffing or contracting for staff
services necessary to assist the commission in the performance of its
duties. [1985 c.753 §2; 1989 c.121 §3; 1991 c.67 §108; 1993 c.344 §26;
1995 c.278 §26; 1999 c.743 §18; 2001 c.91 §1] (1)
Members of the Commission for Child Care who are not members of the
Legislative Assembly shall receive no compensation for their services,
but subject to the availability of funds therefor are entitled to
reimbursement for actual and necessary travel expenses incurred in the
performance of their duties. Such expenses shall be paid from the budget
of the commission or from member agency accounts subject to applicable
state law. Members of ad hoc committees shall not receive such
compensation.
(2) Members of the commission who are members of the Legislative
Assembly shall be paid compensation and expense reimbursement as provided
in ORS 171.072, payable from funds appropriated to the Legislative
Assembly. [1985 c.753 §4; 1987 c.879 §19] (1) The commission may establish ad hoc
committees to study specific areas and make periodic reports to the
commission.
(2) The chairpersons of such ad hoc committees shall be appointed
by the chairperson of the commission, subject to approval by the
commission.
(3) Membership on ad hoc committees shall not be limited to members
of the commission.
(4) The period during which an ad hoc committee may function shall
be determined at the time of its creation by the commission according to
the nature of the study and project undertaken.
(5) Members of the ad hoc committees shall be designated as
consultants to the full commission. [1985 c.753 §3] There is created within
the General Fund, the Commission for Child Care Account, to which shall
be credited Miscellaneous Receipts collected or received by the
Commission for Child Care. Moneys in the account are continuously
appropriated for purposes consistent with the creation of the commission.
[1989 c.110 §4]CHILD CARE TAX CREDIT PROGRAM As used in ORS
657A.700 to 657A.718:
(1) “Child care provider” means a provider, for compensation, of
care, supervision or guidance to a child on a regular basis in a center
or in a home other than the child’s home. “Child care provider” does not
include a person who is the child’s parent, guardian or custodian.
(2) “Community agency” means a nonprofit agency that:
(a) Provides services related to child care, children and families,
community development or similar services; and
(b) Is eligible to receive contributions that qualify as deductions
under section 170 of the Internal Revenue Code.
(3) “High quality child care” means child care that meets standards
for high quality child care established or approved by the Commission for
Child Care.
(4) “Qualified contribution” means a contribution made by a
taxpayer to the Child Care Division of the Employment Department or a
selected community agency for the purpose of promoting child care, and
for which the taxpayer will receive a tax credit certificate under ORS
657A.706.
(5) “Tax credit certificate” means a certificate issued by the
Child Care Division to a taxpayer to qualify the taxpayer for a tax
credit under ORS 315.213.
(6) “Tax credit marketer” means an individual or entity selected by
the Child Care Division to market tax credits to taxpayers. [2001 c.674
§3; 2003 c.473 §1]Note: 657A.700 to 657A.718 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 657A or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) The Child Care Division
of the Employment Department, in collaboration with an advisory committee
established by the Child Care Division, shall establish a program to:
(a) Allocate tax credit certificates to taxpayers that make
qualified contributions to the Child Care Division; and
(b) Distribute to child care providers moneys from qualified
contributions and other contributions.
(2) The purposes of the program are to:
(a) Encourage taxpayers to make contributions to the Child Care
Division by providing a financial return on qualified contributions and
by soliciting other contributions.
(b) Achieve specific and measurable goals for targeted communities
and populations.
(c) Set standards for the child care industry concerning the cost
of providing quality, affordable child care.
(d) Strengthen the viability and continuity of child care providers
while making child care more affordable for low and moderate income
families. [2001 c.674 §4; 2003 c.473 §2]Note: See note under 657A.700.(1) For the purpose of implementing the
program established under ORS 657A.703, the Child Care Division of the
Employment Department, in collaboration with an advisory committee
established by the Child Care Division, shall:
(a) Adopt rules.
(b) Select a tax credit marketer who agrees to market tax credits
to taxpayers.
(c) Identify child care goals that are consistent with the purposes
provided in ORS 657A.703 (2). The goals identified under this paragraph
shall take into account state resources and needs.
(d) Develop by rule the application process an entity must complete
to be designated as a community agency under ORS 657A.700 to 657A.718,
and any process for the renewal of that designation.
(e) Select one or more community agencies.
(f) Enter into an agreement with each selected community agency to
perform the functions specified in ORS 657A.715.
(g) Determine the total value of moneys to be available to each
selected community agency to distribute to providers based on goals
identified under paragraph (c) of this subsection, and distribute those
moneys in the manner provided in ORS 657A.712 to the selected community
agencies. The total value of moneys available to all selected community
agencies in this state may not exceed the amount of contributions
received from taxpayers during the tax year minus any reasonable
administrative costs incurred by the Child Care Division and the selected
community agencies.
(2) The Child Care Division may adopt rules that establish a fixed
percentage that is less than 100 percent by which the amount contributed
by a taxpayer will be certified for a tax credit by the division. The
purpose of the grant of rulemaking authority under this subsection is to
permit the division to calibrate the amount of the tax credit to
interpretations of the deductibility of qualified contributions under
section 170 of the Internal Revenue Code for federal tax purposes.
(3)(a) The Child Care Division shall issue tax credit certificates
in the chronological order in which the contributions are received by the
division. The division shall issue tax credit certificates to
contributors until the total value of all certificates issued by the
division for the calendar year equals $500,000. Each issued certificate
shall state the value of the contribution being certified as eligible for
the tax credit allowed under ORS 315.213. Except as provided in rules
adopted under subsection (2) of this section, the certified value shall
equal the amount of the contribution.
(b) The Child Care Division may not issue a tax credit certificate
to a taxpayer to the extent the credit value to be certified, when added
to the total credit value previously certified by the Child Care Division
under paragraph (a) of this subsection for the calendar year exceeds
$500,000.
(c) The Child Care Division shall send a copy of all tax credit
certificates issued under this section to the Department of Revenue.
(d) Qualified contributions shall be deposited in the Child Care
Fund.
(4) A taxpayer that receives a notice of denial of a tax credit
certificate or that receives a tax credit certificate issued for an
amount that is less than the amount contributed may request a refund for
the amount contributed within 90 days of the Child Care Division’s denial
or issuance of the certificate. The Child Care Division must send notice
of a denial or changed amount and refund the amount for which a tax
credit will not be granted within 30 days after receiving the request.
The refund shall be made from the Child Care Fund.
(5) The Child Care Division may establish by rule any other
provisions required to implement the program established under ORS
657A.700 to 657A.718. [2001 c.674 §5; 2003 c.473 §3]Note: See note under 657A.700. (1) In selecting a community
agency under ORS 657A.706, the Child Care Division of the Employment
Department shall consider:
(a) A prospective agency’s financial soundness, net worth, cash
flow and accounting capacity to manage the tax credit program;
(b) A prospective agency’s demonstrated ability to serve low and
moderate income families;
(c) The degree to which the governing board of the prospective
agency is representative of the community in which the agency is located,
has a low turnover rate of board members, has experience with financial
matters and has a demonstrated history of collaboration with other
community agencies; and
(d) The experience and expertise of the executive or managing
officer and staff of the prospective agency in child care business
management and small business development.
(2) The division shall select the community agency that, in the
judgment of the division and based on the criteria set forth in
subsection (1) of this section, will best serve the interests of the
community for which it is selected. [2001 c.674 §6; 2003 c.473 §4]Note: See note under 657A.700.(1) The Child Care Division of the
Employment Department shall distribute revenues in the Child Care Fund
that are derived from contributions, minus the amounts needed to make
refunds under ORS 657A.706 (4) and to cover expenses of the Child Care
Division in administering ORS 657A.700 to 657A.718.
(2) Distributions shall be made to community agencies selected
under ORS 657A.706 in the proportion that the Child Care Division
determines best promotes the provision of child care in this state.
(3) Moneys distributed to selected community agencies shall be
disbursed to child care providers, consistent with rules adopted by the
Child Care Division relating to the disbursement of moneys by selected
community agencies. The Child Care Division shall consider the factors
described in ORS 657A.715 (2)(h) when adopting rules under this
subsection. [2001 c.674 §6a; 2003 c.473 §5]Note: See note under 657A.700.(1) Each community agency selected under ORS 657A.706
shall disburse moneys to child care providers, pursuant to ORS 657A.712
and rules adopted thereunder.
(2) A selected community agency must:
(a) Coordinate an application process by which persons may apply to
be participating providers;
(b) Enter into agreements with participating providers under which
the duties and responsibilities of participating providers and the
community agency are stated;
(c) Provide or coordinate required training for participating
providers;
(d) Monitor participating providers, through visits to providers
and otherwise;
(e) Oversee the process by which a participating provider verifies
the income of a family and establishes the total child care fee charged
to a family;
(f) Report on participating provider compliance with ORS 657A.718
and other applicable requirements to contributors and the Child Care
Division of the Employment Department;
(g) Establish a maximum family income level for the region for
purposes of the child care fee limitation to which participating
providers are subject under ORS 657A.718 (1)(g); and
(h) Determine, consistently with rules adopted by the Child Care
Division, the amount of moneys to be disbursed to a participating
provider based on the incomes of the families the provider serves, the
child care fees the provider charges and the actual cost to the provider
of providing quality, affordable child care.
(3)(a) A selected community agency must distribute to participating
child care providers all moneys that are available to the agency as a
result of the determination made by the Child Care Division under ORS
657A.706 (1)(g). Each selected community agency shall distribute a
substantial portion of the moneys to participating child care providers
that are home-based businesses.
(b) Distributions shall be based on the actual costs of providing
quality, affordable child care in the community for which distributions
are being made, including training costs, operating costs and wages.
(4) For the purpose of making distributions to child care
providers, a selected community agency shall identify child care
providers in the community that meet the requirements of ORS 657A.718.
The selected community agency may develop a process through which child
care providers apply to receive distributions of moneys from
contributions made by taxpayers. [2001 c.674 §7; 2003 c.473 §6]Note: See note under 657A.700. (1) Each
selected community agency shall select participating child care providers
that meet the following requirements:
(a) If a home-based business, the provider must enter into an
agreement with the community agency to continue to provide child care
services for at least an additional two years.
(b) If a home-based business, the provider must serve at least two
families that have incomes that are 85 percent or less of the median
income for the region. If a center, at least 25 percent of the families
the provider serves must have incomes that are 85 percent or less of the
median income for the region.
(c) The provider must accept children for whom child care is paid
for through a Department of Human Services subsidy.
(d) The provider and the employees of the provider must provide
high quality child care.
(e) The provider, if the provider is an individual, and the
employees of the provider must comply with Child Care Division rules and
requirements for registration or certification.
(f) The provider must maintain adequate liability insurance,
financial records and parent policies and contracts, and permit the
selected community agency to conduct visits.
(g) For care provided to children of families whose income does not
exceed the level established by the selected community agency under ORS
657A.715 (2)(g), the provider must agree to limit the total child care
fees charged to a family to a percentage established by the Child Care
Division by rule.
(2) In selecting participating child care providers, selected
community agencies must give preference to providers that provide child
care to low and moderate income families. [2001 c.674 §8; 2003 c.473 §7]Note: See note under 657A.700.PENALTIESA person who violates ORS 657A.280
commits a Class A misdemeanor. Each day of violation is a separate
offense. [Formerly part of 418.990]
|
|
|
|
