(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. 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. 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 Office of Child Care 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]
Note: The amendments to 329A.280 by section 2, chapter 518, Oregon Laws 2021, become operative July 1, 2022. See section 3a, chapter 518, Oregon Laws 2021. The text that is operative until July 1, 2022, including amendments by section 2, chapter 369, Oregon Laws 2021, is set forth for the user’s convenience. (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 Office of Child 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. 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.
(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 Office of Child Care 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.
Structure 2021 Oregon Revised Statutes
Volume : 09 - Education and Culture
Section 329A.010 - Office of Child Care; Child Care Fund.
Section 329A.020 - Duties of office; rules.
Section 329A.030 - Central Background Registry; rules.
Section 329A.100 - "Resource and referral system" defined for ORS 329A.100 to 329A.135.
Section 329A.120 - Services by resource and referral entities.
Section 329A.135 - Duties of Office of Child Care.
Section 329A.250 - Definitions for ORS 329A.030 and 329A.250 to 329A.450.
Section 329A.260 - Minimum standards for child care facilities; rules.
Section 329A.261 - Development of quality recognition and improvement system.
Section 329A.263 - Emergency plan for facilities; training; rules.
Section 329A.270 - Renewal procedure for certification or registration.
Section 329A.275 - Rules; fees and charges.
Section 329A.280 - When certification required; rules.
Section 329A.290 - Qualifications of applicant for certification.
Section 329A.342 - Jurisdiction.
Section 329A.344 - Cease and desist order.
Section 329A.346 - Progressive enforcement system; rules.
Section 329A.348 - Interference with disclosure of information.
Section 329A.350 - Denial, revocation or suspension of certification or registration.
Section 329A.360 - Notice; hearing; decision; judicial review.
Section 329A.370 - Injunction.
Section 329A.390 - Inspection; right to enter premises and to inspect records; investigation; rules.
Section 329A.400 - Duties of Oregon Health Authority; inspection.
Section 329A.410 - When search warrant required; procedure.
Section 329A.440 - Application of land use regulations to family child care homes.
Section 329A.490 - Child care provider training program; fees; rules.
Section 329A.493 - Funds for training program.
Section 329A.500 - Employment Related Day Care subsidy program; rules.
Section 329A.505 - Inspection; right to enter premises and to inspect records; investigation; rules.
Section 329A.600 - Early Childhood Suspension and Expulsion Prevention Program; rules.
Section 329A.625 - Prohibition on suspending or expelling child from program.
Section 329A.700 - Definitions for ORS 329A.700 to 329A.712.
Section 329A.703 - Program established; purposes.
Section 329A.706 - Program implementation; tax credit certificates; rules.
Section 329A.712 - Revenue distribution to child care providers.
Section 329A.992 - Suspension; revocation; civil penalty; rules; injunctive relief.
Section 329A.994 - Civil penalty for interference with disclosure of information.