ORS Chapter 657a

OREGON STATUTES AND CODES

Chapter 657A — ChildCare

2009 EDITION

CHILDCARE

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

CHILDCARE DIVISION

657A.010 ChildCare Division; Child Care Fund

657A.020 Dutiesof division

657A.030 CentralBackground Registry; rules

RESOURCEAND REFERRAL PROGRAMS

657A.100 Definitionfor ORS 657A.100 to 657A.190

657A.110 Policy

657A.120 Servicesby resource and referral agencies

657A.130 Resourceand referral agency requirements

657A.140 Referralsto certified child care facilities; access requirements

657A.150 Resourcefiles; content

657A.160 Documentationof requests for service

657A.170 Technicalassistance to providers of child care services

657A.180 Advisorycommittee; members; duties of committee and Child Care Division

657A.190 Criteriafor renewal of program; reallocation of funds

CHILDCARE FACILITIES

(Generally)

657A.250 Definitionsfor ORS 657A.030 and 657A.250 to 657A.450

657A.252 Provisionof care by persons whose enrollment in registry is denied, revoked or undersuspension

657A.255 Preschoolrecorded program; criminal background check required; fee; rules; civil penalty

657A.257 School-agerecorded program; criminal background check required; fee; rules; civil penalty

657A.260 Minimumstandards for child care facilities; rules

657A.263 Emergencyplan for facilities; training; rules

657A.270 Renewalprocedure for certification or registration

657A.275 Rules;fees and charges

(Certification)

657A.280 Whencertification required; rules

657A.290 Qualificationsof applicant for certification

657A.300 Issuanceof certification; temporary certification; division’s duties under federalprograms

657A.310 Application;fees; use; certification applies only to premises and applicant; expirationdate

(Registration)

657A.330 Registrationrequirements; fee; waiver; renewal; rules; work sheet

(Orientation)

657A.340 Certainchild care providers required to attend orientation; content of orientation;effect of ceasing to provide services; cost

(Discipline;Enforcement)

657A.350 Denial,revocation or suspension of certification or registration

657A.360 Notice;hearing; decision; judicial review

657A.370 Injunction

(Inspection)

657A.390 Inspection;right to enter premises and to inspect records; investigation

657A.400 Dutiesof Oregon Health Authority; inspection

657A.410 Whensearch warrant required; procedure

657A.420 Cooperativeagreements to inspect premises

(CollectiveBargaining)

657A.430 Rightsof family child care providers to join labor organizations; state as employerfor collective bargaining purposes

(Miscellaneous)

657A.440 Applicationof zoning ordinances to registered or certified family child care homes

657A.450 Assistanceto staff of facility

657A.460 Separatesleeping quarters not required for certain persons providing child care orbabysitting services; exemption from age group segregation requirements

CHILDCARE PROVIDER TRAINING

657A.490 Childcare provider training program; fees; rules

657A.493 Fundsfor training program

COMMISSIONFOR CHILD CARE

657A.600 Commissionfor Child Care; report

657A.610 Members;terms; officers; duties

657A.620 Expenses;legislator compensation and expenses

657A.630 Committees

657A.640 Commissionfor Child Care Account

CHILDCARE TAX CREDIT PROGRAM

657A.700 Definitionsfor ORS 657A.700 to 657A.718

657A.703 Programestablished; purposes

657A.706 Programimplementation; community agency applications; tax credit certificates; rules

657A.709 Communityagency selection

657A.712 Revenuedistribution to community agencies; disbursement to child care providers; rules

657A.715 Communityagency duties; disbursement of moneys to child care providers

657A.718 Childcare provider requirements; selection

PENALTIES

657A.990 Criminalpenalty

657A.992 Suspension;revocation; civil penalty; rules; deposit into Child Care Fund

CHILDCARE DIVISION

657A.010Child Care Division; Child Care Fund. (1) There is established within theEmployment Department a Child Care Division. The Child Care Division, asdesignated by the Governor, shall be responsible for administering fundsreceived by the State of Oregon pursuant to the federal Child Care andDevelopment Block Grant Act of 1990, the Dependent Care Planning andDevelopment Grant and other federal child care funds and grants received by theState of Oregon.

(2)There is established in the State Treasury, separate and distinct from theGeneral Fund, the Child Care Fund. Such fund shall consist of moneys collectedand received by the Child Care Division pursuant to subsection (1) of thissection, ORS 657A.310 and 657A.992 and such moneys as may be otherwise madeavailable 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 ChildCare Division and shall be used in a manner consistent with the grant of fundsor for the administration of ORS 181.537, 657A.030 and 657A.250 to 657A.450. [Formerlypart of 657.601; 1995 c.37 §7; 1997 c.431 §6; 1997 c.753 §3; 2009 c.347 §2]

657A.020Duties of division.(1) The Child Care Division staff shall provide technical assistance, linkageof local agencies, data collection and monitoring.

(2)The Child Care Division shall continually monitor and disseminate informationabout federal and charitable programs for the purposes of ORS 657A.100 to657A.190. [Formerly 418.361]

657A.030Central Background Registry; rules. (1) The Child Care Division of theEmployment Department shall establish a Central Background Registry.

(2)All subject individuals shall be enrolled in the Central Background Registryestablished by the division.

(3)Upon receiving an application for enrollment in the Central BackgroundRegistry, the division shall complete a criminal records check under ORS181.534 and shall complete a child protective services records check with theDepartment of Human Services. The division shall enroll the individual in theregistry if the individual:

(a)Is determined to have no criminal or child protective services history or tohave dealt with the issues and provided adequate evidence of suitability forthe 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 theresults of a nationwide criminal records check through the Federal Bureau ofInvestigation if the individual has met other requirements of the division forenrollment in the registry.

(5)An enrollment in the Central Background Registry shall expire two years fromthe date of enrollment and may be renewed upon application to the division,payment of the fee established pursuant to ORS 657A.275 and compliance withrules adopted by the division pursuant to this section. However, an individualwho is determined to be ineligible for enrollment in the registry after thedate 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 individualis not enrolled in the Central Background Registry.

(b)Notwithstanding paragraph (a) of this subsection, a child care facility mayemploy on a probationary basis an individual who is conditionally enrolled inthe Central Background Registry.

(7)The division may adopt any rules necessary to carry out the purposes of thissection and the criminal records check program.

(8)For purposes of this section, “subject individual” means a subject individualas 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 ORS329.170 to 329.200;

(c)The operator or an employee of a federal Head Start program regulated by theUnited States Department of Health and Human Services;

(d)An individual in a child care facility who may have unsupervised contact withchildren as identified by the division;

(e)A contractor or an employee of the contractor who provides early childhoodspecial education or early intervention services pursuant to ORS 343.455 to343.534;

(f)A child care provider who is required to be enrolled in the Central BackgroundRegistry by any state agency; or

(g)A contractor, employee or volunteer of a metropolitan service districtorganized under ORS chapter 268 who may have unsupervised contact with childrenand who is required to be enrolled in the Central Background Registry by themetropolitan service district.

(9)Information provided to a metropolitan service district organized under ORSchapter 268 about the enrollment status of the persons described in subsection(8)(g) of this section shall be subject to a reciprocal agreement with themetropolitan service district. The agreement must provide for the recovery ofadministrative, including direct and indirect, costs incurred by the divisionfrom participation in the agreement. Any moneys collected under this subsectionshall be deposited in the Child Care Fund established under ORS 657A.010. [1997c.431 §2; 1997 c.753 §18; 2001 c.831 §29; 2005 c.730 §29; 2009 c.348 §1]

Note: The amendmentsto 657A.030 by section 5, chapter 348, Oregon Laws 2009, become operativeJanuary 1, 2014. See section 6, chapter 348, Oregon Laws 2009. The text that isoperative on and after January 1, 2014, is set forth for the user’sconvenience.

657A.030. (1) The ChildCare Division of the Employment Department shall establish a Central BackgroundRegistry.