2007 Oregon Code - Chapter 657a :: Chapter 657A - Child Care
Chapter 657A
— Child Care
2007 EDITION
CHILD CARE
LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION
CHILD CARE DIVISION
657A.010Â Child
Care Division; Child Care Fund
657A.020Â Duties
of division
657A.030Â Criminal
History Registry; establishment; enrollment; enrollment required for
employment; rules
RESOURCE AND REFERRAL PROGRAMS
657A.100Â Definition
for ORS 657A.100 to 657A.190
657A.110Â Policy
657A.120Â Services
by resource and referral agencies
657A.130Â Resource
and referral agency requirements
657A.140Â Referrals
to certified child care facilities; access requirements
657A.150Â Resource
files; content
657A.160Â Documentation
of requests for service
657A.170Â Technical
assistance to providers of child care services
657A.180Â Advisory
committee; members; duties of committee and Child Care Division
657A.190Â Criteria
for renewal of program; reallocation of funds
CHILD CARE FACILITIES
(Generally)
657A.250Â Definitions
for ORS 657A.030 and 657A.250 to 657A.450
657A.260Â Minimum
standards for child care facilities; rules
657A.263Â Emergency
plan for facilities; training; rules
657A.270Â Renewal
procedure for certification or registration
657A.275Â Fees
and charges
(Certification)
657A.280Â When
certification required; rules
657A.290Â Qualifications
of applicant for certification
657A.300Â Issuance
of certification; temporary certification; divisionÂ’s duties under federal
programs
657A.310Â Application;
fees; use; certification applies only to premises and applicant; expiration
date
(Registration)
657A.330Â Registration
requirements; fee; waiver; renewal; rules; work sheet; civil penalty
(Discipline; Enforcement)
657A.350Â Denial,
revocation or suspension of certification or registration
657A.360Â Notice;
hearing; decision; judicial review
657A.370Â Injunction
(Inspection)
657A.390Â Inspection;
right to enter premises and to inspect records; investigation
657A.400Â Duties
of Department of Human Services; inspection
657A.410Â When
search warrant required; procedure
657A.420Â Cooperative
agreements to inspect premises
(Collective Bargaining)
657A.430Â Rights
of family child care providers to join labor organizations; state as employer
for collective bargaining purposes
(Miscellaneous)
657A.440Â Application
of zoning ordinances to registered or certified family child care homes
657A.450Â Assistance
to staff of facility
657A.460Â Separate
sleeping quarters not required for certain persons providing child care or
babysitting services; exemption from age group segregation requirements
CHILD CARE PROVIDER TRAINING
657A.490Â Child
care provider training program; fees; rules
657A.493Â Funds
for training program
COMMISSION FOR CHILD CARE
657A.600Â Commission
for Child Care; report
657A.610Â Members;
terms; officers; duties
657A.620Â Expenses;
legislator compensation and expenses
657A.630Â Committees
657A.640Â Commission
for Child Care Account
CHILD CARE TAX CREDIT PROGRAM
657A.700Â Definitions
for ORS 657A.700 to 657A.718
657A.703Â Program
established; purposes
657A.706Â Program
implementation; community agency applications; tax credit certificates; rules
657A.709Â Community
agency selection
657A.712Â Revenue
distribution to community agencies; disbursement to child care providers; rules
657A.715Â Community
agency duties; disbursement of moneys to child care providers
657A.718Â Child
care provider requirements; selection
PENALTIES
657A.990Â Criminal
penalty
CHILD CARE DIVISION
     657A.010
Child Care Division; Child Care Fund. (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
     (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]
     657A.020
Duties of division. (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]
     657A.030
Criminal History Registry; establishment; enrollment; enrollment required for
employment; rules. (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
     (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]
     657A.050 [1993 c.733 §3; 1995 c.278 §1; repealed by
1997 c.431 §18 and 1997 c.753 §20]
     657A.060 [1993 c.674 §12; 1995 c.278 §2; 1995 c.446 §11;
repealed by 1997 c.753 §20]
RESOURCE AND
REFERRAL PROGRAMS
     657A.100
Definition for ORS 657A.100 to 657A.190. 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]
     657A.110
Policy. 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]
     657A.120
Services by resource and referral agencies. 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 children with disabilities
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;
2007 c.70 §287]
     657A.130
Resource and referral agency requirements. 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]
     657A.140
Referrals to certified child care facilities; access requirements. (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]
     657A.150
Resource files; content. (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]
     657A.160
Documentation of requests for service. (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]
     657A.170
Technical assistance to providers of child care services. (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]
     657A.180
Advisory committee; members; duties of committee and Child Care Division. (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]
     657A.190
Criteria for renewal of program; reallocation of funds. (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)
     657A.250
Definitions for ORS 657A.030 and 657A.250 to 657A.450. 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 childÂ’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 childÂ’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 personÂ’s own family;
     (h) By a person who cares for no more than
three children other than the personÂ’s own children; or
     (i) By a person who is a member of the
childÂ’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
childÂ’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 providerÂ’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]
     657A.260
Minimum standards for child care facilities; rules. (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]
     657A.263
Emergency plan for facilities; training; rules. (1) As used in this section:
     (a) “Certified child care facility” means
a child care facility that has been certified under ORS 657A.280 by the Child
Care Division of the Employment Department.
     (b) “Child care facility” has the meaning
given that term in ORS 657A.250 (5).
     (c) “Registered child care facility” means
a child care facility that has been registered under ORS 657A.330 by the Child
Care Division of the Employment Department.
     (2) Every certified child care facility
and registered child care facility shall:
     (a) Adopt a plan to provide for the safety
of children who are receiving child care at a child care facility in the event
of an emergency that requires immediate action by the staff of the facility due
to conditions of imminent danger that pose a threat to the life, health or
safety of children who are receiving child care at the facility; and
     (b) Provide training to all employees of
the child care facility about the responsibilities of the employees to
implement the plan required by this section.
     (3) The Child Care Division of the
Employment Department shall adopt by rule the requirements for the plan and
training required by this section. The rules adopted shall include, but are not
limited to, procedures for the evacuation of the children who are receiving
child care at the child care facility to a place of safety when the conditions
of imminent danger require relocation of those children. [2007 c.205 §2]
     Note: 657A.263 was enacted into law by the
Legislative Assembly but was 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.
     657A.270
Renewal procedure for certification or registration. (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]
     657A.275
Fees and charges. (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
     (d) For
     (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)
     657A.280
When certification required; rules. (1) A person may not operate a child care facility, except a facility
subject to the registration requirements of ORS 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 providerÂ’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]
     657A.290
Qualifications of applicant for certification. 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]
     657A.300
Issuance of certification; temporary certification; divisionÂ’s duties under
federal programs. (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]
     657A.310
Application; fees; use; certification applies only to premises and applicant;
expiration date. (1)
Application for a certification or for the annual renewal thereof shall be made
to the 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)
     657A.330
Registration requirements; fee; waiver; renewal; rules; work sheet; civil
penalty. (1) A provider
operating a family child care home where care is provided in the family living
quarters of the providerÂ’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 providerÂ’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)
     657A.350
Denial, revocation or suspension of certification or registration. An initial application from a child care
facility for certification or registration or a renewal application from a
child care facility for certification or registration may be denied, or a
temporary or regular certification or regular registration may be revoked or
suspended, if the 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]
     657A.360
Notice; hearing; decision; judicial review. (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]
     657A.370
Injunction. 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)
     657A.390
Inspection; right to enter premises and to inspect records; investigation. (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]
     657A.400
Duties of Department of Human Services; inspection. (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]
     657A.410
When search warrant required; procedure. (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]
     657A.420
Cooperative agreements to inspect premises. 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]
(Collective
Bargaining)
     657A.430
Rights of family child care providers to join labor organizations; state as
employer for collective bargaining purposes. (1) As used in this section:
     (a) “Certified family child care provider”
means an individual who operates a family child care home that is certified
under ORS 657A.280.
     (b) “Child care subsidy” means a payment
made by the state on behalf of eligible children for child care services
provided for periods of less than 24 hours in a day.
     (c) “Exempt family child care provider”
means an individual who provides child care services in the home of the
individual or in the home of the child, whose services are not required to be
certified or registered under ORS 657A.250 to 657A.450 and who receives a child
care subsidy.
     (d) “Family child care provider” means an
individual who is a certified, registered or exempt family child care provider.
     (e) “Registered family child care provider”
means an individual who operates a family child care home that is registered
under ORS 657A.330.
     (2) For purposes of collective bargaining
under ORS 243.650 to 243.782, the State of
     (3) Notwithstanding ORS 243.650 (19),
family child care providers are considered to be public employees governed by
ORS 243.650 to 243.782. Family child care providers have the right to form,
join and participate in the activities of labor organizations of their own
choosing for the purpose of representation and collective bargaining on matters
concerning labor relations. These rights shall be exercised in accordance with
the rights granted to public employees, with mediation and interest arbitration
under ORS 243.742 as the method of concluding the collective bargaining
process. Family child care providers may not strike.
     (4) Notwithstanding subsections (2) and
(3) of this section, family child care providers are not for any other purpose
employees of the State of
     (5) The Oregon Department of
Administrative Services shall represent the State of
     (6) Notwithstanding ORS 243.650 (1):
     (a) The appropriate bargaining unit for
certified and registered family child care providers is a bargaining unit of
all certified and registered family child care providers in the state.
     (b) The appropriate bargaining unit for
exempt family child care providers is a bargaining unit of all exempt family
child care providers in the state.
     (7) This section does not modify any right
of a parent or legal guardian to choose and terminate the services of a family
child care provider. [2007 c.563 §2]
(Miscellaneous)
     657A.440
Application of zoning ordinances to registered or certified family child care
homes. (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]
     657A.450
Assistance to staff of facility. 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]
     657A.460
Separate sleeping quarters not required for certain persons providing child
care or babysitting services; exemption from age group segregation
requirements.
Notwithstanding any other provision of law, children of any person providing
babysitting or child care services within the personÂ’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
     657A.490
Child care provider training program; fees; rules. 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 childÂ’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.
     657A.493
Funds for training program.
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.
     657A.500 [Formerly 418.900; repealed by 2001 c.295 §17]
     657A.510 [Formerly 418.905; 1995 c.278 §23; repealed
by 2001 c.295 §17]
     657A.520 [Formerly 418.910; 1995 c.278 §24; repealed
by 2001 c.295 §17]
     657A.530 [Formerly 418.915; repealed by 2001 c.295 §17]
COMMISSION
FOR CHILD CARE
     657A.600
Commission for Child Care; report. (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]
     657A.610
Members; terms; officers; duties. (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]
     657A.620
Expenses; legislator compensation and expenses. (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]
     657A.630
Committees. (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]
     657A.640
Commission for Child Care Account. 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
     657A.700
Definitions for ORS 657A.700 to 657A.718. 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.
     657A.703
Program established; purposes.
(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.
     657A.706
Program implementation; community agency applications; tax credit certificates;
rules. (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 DivisionÂ’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.
     657A.709
Community agency selection.
(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.
     657A.712
Revenue distribution to community agencies; disbursement to child care providers;
rules. (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.
     657A.715
Community agency duties; disbursement of moneys to child care providers. (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.
     657A.718
Child care provider requirements; selection. (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.
PENALTIES
     657A.990
Criminal penalty. A person
who violates ORS 657A.280 commits a Class A misdemeanor. Each day of violation is
a separate offense. [Formerly part of 418.990]
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