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2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.260 - Minimum standards for child care facilities; rules.

(1) After consultation with appropriate agencies and interested persons, the Early Learning Council by rule shall establish minimum standards for child care facilities and the operation thereof and for the administration of ORS 329A.030 and 329A.250 to 329A.450.
(2) In establishing minimum standards of health and safety, the council shall consult with the Oregon Health Authority 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 329A.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 657A.260]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.261 - Development of quality recognition and improvement system.

(1) In addition to the minimum standards established for child care facilities and the operation of child care facilities under ORS 329A.260 and subject to available funds, the Department of Early Learning and Care, in coordination with the committee designated by the Early Learning Council under ORS 326.425 (3)(a), shall initiate development of a quality recognition and improvement system for child care facilities.
(2) The quality recognition and improvement system implemented under this section shall:
(a) Establish a set of standards that are used to evaluate the quality of an early learning and development program and to support program improvement.
(b) Consist of the following components:
(A) Standards that demonstrate characteristics of quality early learning and development programs.
(B) Monitoring of programs to evaluate quality based on established standards.
(C) Support for programs and providers of programs to meet quality standards, including training, technical assistance and financial incentives.
(D) Program quality recognition that is publicly available. [2012 c.37 §130; 2013 c.624 §86; 2021 c.89 §1; 2021 c.631 §41; 2023 c.554 §13]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.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 329A.280.
(b) "Registered child care facility" means a child care facility that has been registered under ORS 329A.330.
(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 Early Learning Council 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. [Formerly 657A.263; 2018 c.115 §5; 2023 c.554 §14]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.270 - Renewal procedure for certification or registration.

(1) A certification or registration authorized by ORS 329A.250 to 329A.450 and issued to a child care facility may be renewed upon submission of an application and payment of the required fee not later than 30 days prior to the expiration date of the current certification or registration if the Department of Early Learning and Care finds that the child care facility that is seeking renewal of the certification or registration is in compliance with the requirements of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 and the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.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 department has acted on the application for renewal and has given notice of the action taken. [Formerly 657A.270; 2015 c.758 §8; 2022 c.27 §13; 2023 c.554 §15]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.273 - Child Care Fund.

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Child Care Fund.
(2) The Child Care Fund shall consist of moneys collected, received and administered by the Department of Early Learning and Care or any divisions or offices of the department pursuant to ORS 329A.310, 329A.700 to 329A.712, 329A.750 and 329A.992 and such moneys as may be otherwise made available by law.
(3) Interest earned by the Child Care Fund shall be credited to the fund.
(4) Moneys in the Child Care Fund are continuously appropriated to the Department of Early Learning and Care and shall be used in a manner consistent with the grant of funds or for the administration of ORS 181A.200, 329A.030, 329A.250 to 329A.450 and 329A.700 to 329A.712. [2023 c.554 §6]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.275 - Rules; fees and charges.

(1) The Early Learning Council shall adopt rules establishing fees for certification, registration and recording under ORS 329A.250 to 329A.450.
(2) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Legislative Assembly prior to adopting the fees and charges, the fees and charges established under ORS 181A.195, 329A.030 and 329A.250 to 329A.450 may not exceed the cost of administering the program of the Department of Early Learning and Care pertaining to the purpose for which the fee is established, as authorized by the Legislative Assembly within the budget of the Department of Early Learning and Care.
(3) Notwithstanding subsection (2) of this section and any other provision of this chapter, the following fees established by the Early Learning Council under ORS 329A.030 and 329A.250 to 329A.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 Preschool Recorded Program Recording, $20;
(g) For School-Age Recorded Program Recording, $20;
(h) For administering a class on child care abuse and neglect issues, $10; and
(i) For enrollment in the Central Background Registry, the cost of administering the program, including fees for:
(A) Duplicate enrollment in the Central Background Registry;
(B) Law Enforcement Data System criminal records check; and
(C) Federal Bureau of Investigation fingerprint check.
(4) The Early Learning Council, by rule, shall waive the fees described in subsection (3)(i) of this section for an employee of or volunteer with a private agency or organization that facilitates the provision of respite services, as defined in ORS 418.205 (2)(c)(B), for parents pursuant to a properly executed power of attorney under ORS 109.056. [Formerly 657A.275; 2023 c.316 §1; 2023 c.554 §16]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.300 - Issuance of certification; temporary certification; conditions on certification; department’s duties under federal programs.

(1) Upon receipt of an application for a certification, accompanied by the required fee, the Department of Early Learning and Care shall issue a certification if the department finds that the child care facility and its operations are in compliance with the requirements of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 and the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.450.
(2) The department 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 department 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)(a) If the department determines that it is necessary to protect the health and safety of the children for whom a child care facility is to provide care, the department may impose a condition on the facility’s certification that is reasonably designed to protect the health and safety of children. The department may impose a condition during the application process for an initial certification, during the application process for a renewal of a certification or at any time after the issuance of a certification.
(b) Except as provided in paragraph (c) of this subsection, when the department imposes a condition on a child care facility’s certification, the facility shall be afforded an opportunity for a hearing consistent with the provisions of ORS chapter 183.
(c)(A) If the department finds a serious danger to the health and safety of the children receiving care at a child care facility, the department shall notify the facility of the specific reasons for the finding and may impose an emergency condition on the facility’s certification without a hearing.
(B) If the facility demands a hearing within 90 days after the department notifies the facility of the emergency condition, a hearing consistent with the provisions of ORS chapter 183 must be granted to the facility as soon as practicable after the demand and the agency shall issue an order consistent with the provisions of ORS chapter 183 confirming, altering or revoking the order imposing the emergency condition.
(4) The department 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 657A.300; 2015 c.758 §9; 2018 c.115 §9; 2019 c.187 §5; 2023 c.554 §19]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.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 Department of Early Learning and Care on forms provided by the department and accompanied by a nonrefundable fee. The fee shall vary according to the type of facility and the number of children for which the facility is requesting to be certified, and shall be determined and applied through rules adopted by the Early Learning Council pursuant to ORS 329A.275.
(2) All fees received under subsection (1) of this section shall be deposited in the Child Care Fund established under ORS 329A.273 and may be used for the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.450.
(3) Any certification issued pursuant to ORS 329A.250 to 329A.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 329A.270 (2), an annual certification expires one year from the date of issuance. [Formerly 657A.310; 2017 c.617 §4; 2022 c.27 §14; 2023 c.554 §20]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.340 - Certain child care providers required to attend orientation; content of orientation; effect of ceasing to provide services; cost.

(1) A child care provider not subject to certification or registration who receives funds from the Department of Early Learning and Care for subsidized care shall attend an orientation provided by the department or a resource and referral entity under ORS 329A.100 to 329A.135 within 90 days of being approved by the department to receive funds for child care services from the department.
(2) The orientation required by subsection (1) of this section must provide information regarding financial resources and reimbursements available through private or public sources and information to maximize the likelihood of provider payments and reimbursements for child care services.
(3) The department shall ensure that at least one orientation required by subsection (1) of this section is offered every quarter.
(4) A child care provider described in subsection (1) of this section who ceases to provide child care services for a period of one year or more must attend an orientation under this section within 90 days of being approved by the department to receive funds for child care services from the department.
(5) The orientation required by subsection (1) of this section must be provided at minimal or no cost to the child care provider.
(6) The orientation required by subsection (1) of this section must include, but need not be limited to, information about the following:
(a) Department listings, vouchers and payments;
(b) Child care provider rights and responsibilities;
(c) Enhanced rate training options;
(d) Food program resources available through the United States Department of Agriculture; and
(e) Other resources available to child care providers. [Formerly 657A.340; 2017 c.187 §6; 2023 c.554 §22]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.342 - Jurisdiction.

The Department of Early Learning and Care is not deprived of jurisdiction to proceed with an investigation of or an action or disciplinary proceeding against an individual or a child care facility by the:
(1) Lapsing, suspension, revocation or voluntary surrender of a certification or registration; or
(2) Lapsing, suspension, removal or voluntary surrender of an individual’s enrollment in the Central Background Registry established by ORS 329A.030. [2018 c.115 §6; 2023 c.554 §23]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.344 - Cease and desist order.

(1) If the Department of Early Learning and Care has reason to believe that an individual or a child care facility has engaged, is engaging or is about to engage in a violation of ORS 181A.200 or 329A.030 and 329A.250 to 329A.450 or the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215 or 329A.030 and 329A.250 to 329A.450, the department may, subject to ORS chapter 183, issue an order directing the individual or facility to cease and desist from the violation or threatened violation.
(2) A cease and desist order issued under subsection (1) of this section shall include:
(a) A statement of the facts constituting the violation;
(b) A requirement that the individual or child care facility named in the order cease and desist from the violation;
(c) The effective date of the order; and
(d) A notice to the individual or facility named in the order of the right to a contested case hearing under ORS chapter 183.
(3) A cease and desist order issued under subsection (1) of this section becomes effective 21 days after service of the order unless the individual or child care facility named in the order requests a hearing on the order.
(4)(a) If an individual or a child care facility makes a timely demand for a hearing on the order, the department shall hold a hearing as provided by ORS chapter 183.
(b) After the hearing, the department shall enter a final order vacating, modifying or affirming the order.
(5) An individual or a child care facility is entitled to judicial review of an order by the department under ORS chapter 183 if the individual or facility made a timely demand for a hearing.
(6) A judgment of a reviewing court under ORS chapter 183 does not bar the department from vacating or modifying an order involved in the proceeding for review, or entering a new order, for a proper cause that was not decided by the reviewing court. [2018 c.115 §7; 2023 c.554 §24]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.346 - Progressive enforcement system; rules.

(1) The Department of Early Learning and Care may develop a progressive enforcement system for the rules promulgated pursuant to ORS 329A.030 and 329A.250 to 329A.450.
(2) The enforcement system developed under this section may establish:
(a) A set of progressively higher enforcement actions that the department may take in response to an individual’s or a child care facility’s violation of the rules described in subsection (1) of this section; and
(b) Standards for monitoring the compliance of individuals and child care facilities with the rules described in subsection (1) of this section. [2018 c.115 §8; 2023 c.554 §25]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.348 - Interference with disclosure of information.

(1) A child care facility may not interfere with the good faith disclosure of information by a parent, legal guardian or a current or former employee or volunteer concerning the abuse or mistreatment of a child in the child care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a child in the child care facility to:
(a) The Department of Early Learning and Care, a law enforcement agency or other entity with legal or regulatory authority over the child care facility; or
(b) The child’s parent, legal guardian or personal representative as defined in ORS 192.556.
(2) A child care facility interferes with the disclosure of the information described in subsection (1) of this section by:
(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Training an employee or volunteer not to disclose the information;
(c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information;
(d) Terminating or threatening to terminate care of a child if the parent or legal guardian of the child discloses the information; or
(e) Asking a parent or legal guardian of a child to sign a nondisclosure or similar agreement prohibiting the parent or legal guardian from disclosing the information or communicating to a parent or legal guardian that the parent or legal guardian may not disclose the information.
(3) The department may revoke or suspend the certification of a child care facility that is found to have violated subsection (1) of this section.
(4) The disclosure of information to a child’s parent, legal guardian or personal representative under subsection (1) of this section does not relieve the employee or volunteer of any obligation to report the abuse of a child.
(5) This section does not authorize the disclosure of protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information. [2019 c.381 §8; 2023 c.554 §26]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.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 Department of Early Learning and Care finds:
(1) That the facility or its operation does not comply with ORS 181A.200, 329A.030 and 329A.250 to 329A.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 329A.390 or 329A.400 has not been permitted. [Formerly 657A.350; 2023 c.554 §27]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.360 - Notice; hearing; decision; judicial review.

(1) Upon deciding to deny, revoke, suspend, impose a condition on or not renew a certification or registration, the Department of Early Learning and Care shall give notice and opportunity for hearing as provided in ORS chapter 183.
(2) The department 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 department. The decision of the department is reviewable by the Court of Appeals in the manner provided in ORS 183.482 for the review of orders in contested cases. [Formerly 657A.360; 2018 c.115 §11; 2023 c.554 §28]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.370 - Injunction.

(1) Without the necessity of prior administrative proceedings or hearing and entry of an order or at any time during such proceedings if they have been commenced, the Department of Early Learning and Care, the Attorney General or the prosecuting attorney of any county may institute proceedings to enjoin the operation of any child care facility operating in violation of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 or the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030, 329A.250 to 329A.450 and 329A.500.
(2) An injunction may be issued under this section without proof that a person has sustained actual damage as a result of a child care facility’s actions. [Formerly 657A.370; 2015 c.758 §11; 2018 c.115 §12; 2023 c.554 §29]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.400 - Duties of Oregon Health Authority; inspection.

(1) An authorized representative of the Oregon Health Authority may inspect the premises of a child care facility certified under ORS 329A.280 to determine whether the facility is in conformity with applicable laws and regulations relating to health and sanitation.
(2) An authorized representative of the authority shall inspect any child care facility when requested to do so by the Department of Early Learning and Care in accordance with arrangements under ORS 329A.420 and shall submit written findings to the department. The department shall not issue or renew any certification for any child care facility for which an inspection by the authority has been requested unless an authorized representative of the authority 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 657A.400; 2023 c.554 §31]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.410 - When search warrant required; procedure.

(1) In the event that any authorized representative of the Department of Early Learning and Care, Oregon Health Authority or other agency is denied access to any premises for the purpose of making an inspection in the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.450, the representative shall not inspect the premises without a search warrant.
(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 657A.410; 2023 c.554 §32]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.420 - Cooperative agreements to inspect premises.

The Department of Early Learning and Care may enter into cooperative arrangements with the Oregon Health Authority, the State Fire Marshal and other public agencies for the provision of services in the inspection of child care facilities in the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.450. The arrangements shall designate which services shall be reimbursed and the rate and manner of reimbursement. [Formerly 657A.420; 2023 c.554 §33]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.440 - Application of land use regulations to family child care homes.

(1) As used in this section:
(a) "Child care center" means a child care facility, other than a family child care home, that is certified under ORS 329A.280 (3).
(b) "Family child care home" means a child care facility in a dwelling that is caring for not more than 16 children and is certified under ORS 329A.280 (2) or is registered under ORS 329A.330.
(c) "Land use regulation" and "local government" have the meanings given those terms in ORS 197.015.
(2)(a) A family child care home is considered a residential use of property for zoning purposes. A family child care home is a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.
(b) A local government may not enact or enforce a land use regulation prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family child care home.
(c) A local government may not impose land use regulations, special fees or conditions on the establishment or maintenance of a family child care home more restrictive than those imposed on other residential dwellings in the same zone.
(3) Notwithstanding subsection (2)(c) of this section, a county may impose reasonable conditions on the establishment of a family child care home in an area zoned for farm use.
(4)(a) A child care center is a permitted use in all areas zoned for commercial or industrial use, except areas specifically designated by the local government for heavy industrial use.
(b) A local government may not impose land use regulations, special fees or conditions on the establishment or maintenance of a child care center in an area zoned for commercial or industrial use that are more restrictive than those imposed for other uses in the same zone.
(5) Notwithstanding subsection (4) of this section, a local government may impose reasonable conditions upon the establishment or maintenance of a child care center in an area zoned for industrial uses.
(6) As used in this section, "reasonable conditions" includes, but is not limited to, siting restrictions for properties designated on the Department of Environmental Quality’s statewide list of contaminated properties as having known or suspected releases of hazardous substances. [Formerly 657A.440; 2021 c.369 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.505 - Inspection; right to enter premises and to inspect records; investigation; rules.

(1) At any reasonable time, an authorized representative of the Department of Early Learning and Care may conduct an inspection or investigation of a subsidized care facility, as defined in ORS 329A.250.
(2) When conducting an investigation under this section, the department may:
(a) Take evidence;
(b) Take the depositions of witnesses, including the person under investigation, in the manner prescribed by law for depositions in civil actions;
(c) Compel the appearance of witnesses, including the person under investigation, in the manner prescribed by law for appearances in civil actions;
(d) Require answers to interrogatories;
(e) Compel the production of books, papers, accounts, documents or testimony that pertains to the matter under investigation;
(f) Issue subpoenas; and
(g) Inspect the premises of the facility under investigation.
(3) The department may, as a condition of finalizing an inspection, require improvements, corrections or other measures to ensure that the subsidized care facility complies with the requirements under the rules adopted under this section.
(4) In addition to any rules adopted under ORS 329A.500, the Early Learning Council may adopt rules to establish minimum health and safety standards for subsidized care facilities and for the administration of this section. [2015 c.698 §2; 2019 c.187 §8; 2021 c.631 §§8a,74; 2023 c.554 §36]
Note:
See second note under 329A.500.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.625 - Prohibition on suspending or expelling child from program.

An early childhood care or education program may not suspend or expel any child if the program receives state public funds from the Department of Early Learning and Care or the program is certified under ORS 329A.280 or registered under ORS 329A.330. [2021 c.576 §3]
Note:
329A.625 becomes operative July 1, 2026. See section 4, chapter 576, Oregon Laws 2021.
Note:
329A.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.700 - Definitions for ORS 329A.700 to 329A.712.

As used in ORS 329A.700 to 329A.712:
(1)(a) "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.
(b) "Child care provider" does not include a person who is the child’s parent, legal guardian or custodian.
(2) "High quality child care" means child care that meets standards for high quality child care established or approved by the Early Learning Council.
(3) "Qualified contribution" means a contribution made by a taxpayer to the Department of Early Learning and Care for the purpose of promoting high quality child care, and for which the taxpayer will receive a tax credit certificate under ORS 329A.706.
(4) "Tax credit certificate" means a certificate issued by the department to a taxpayer to qualify the taxpayer for a tax credit under ORS 315.213. [Formerly 657A.700; 2015 c.701 §21; 2023 c.554 §37]
Note:
329A.700 to 329A.712 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.703 - Program established; purposes.

(1) The Department of Early Learning and Care shall establish a program to:
(a) Allocate tax credit certificates to taxpayers that make qualified contributions to the department; 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 department 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) Strengthen the viability and improve the professional development of child care providers. [Formerly 657A.703; 2015 c.701 §22; 2017 c.186 §1; 2023 c.554 §38]
Note:
See note under 329A.700.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.706 - Program implementation; tax credit certificates; rules.

(1) For the purpose of implementing the program established under ORS 329A.703, the Early Learning Council, in collaboration with the Department of Early Learning and Care, shall:
(a) Adopt rules.
(b) Identify child care goals that are consistent with the purposes provided in ORS 329A.703 (2). The goals identified under this paragraph shall take into account state resources and needs.
(2)(a) The department shall issue tax credit certificates in the chronological order in which the contributions are received by the department. The department shall issue tax credit certificates to contributors until the total value of all certificates issued by the department 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.
(b) The department 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 department under paragraph (a) of this subsection for the calendar year exceeds $500,000.
(c) Qualified contributions shall be deposited in the Child Care Fund.
(3) 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 denial or issuance of the certificate by the department. The department 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.
(4) The Early Learning Council may establish by rule any other provisions required to implement the program established under ORS 329A.700 to 329A.712.
(5) The Department of Early Learning and Care shall provide information to the Department of Revenue about all tax credit certificates issued under subsection (2) of this section, if required by ORS 315.058. [Formerly 657A.706; 2015 c.701 §23; 2017 c.186 §2; 2019 c.483 §21; 2023 c.554 §39]
Note:
See note under 329A.700.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.712 - Revenue distribution to child care providers.

(1) The Department of Early Learning and Care shall distribute revenues in the Child Care Fund that are derived from contributions, minus the amounts needed to make refunds under ORS 329A.706 (3) and to cover expenses of the department in administering ORS 329A.700 to 329A.712.
(2) Revenues shall be disbursed to child care providers consistent with rules adopted by the Early Learning Council.
(3) Distributions shall be made to child care providers in the proportion that the department determines best promotes the provision of high quality child care in this state. [Formerly 657A.712; 2015 c.701 §24; 2017 c.186 §3; 2021 c.631 §42; 2023 c.554 §40]
Note:
See note under 329A.700.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.720 - Findings.

(1) Early educational investments are severely underfunded.
(2) There is a shortage of affordable and accessible child care in this state.
(3) Early learning and care providers have limited finances to facilitate expansion of a robust child care infrastructure.
(4) High-quality early child care investment promotes regional economic growth by increasing the number of jobs available within the child care and construction workforce sectors and by providing consistent, accessible and reliable care that is necessary to allow parents to participate in the labor force.
(5) Quality early learning and care facilities that are developmentally appropriate, inclusive of children with disabilities, culturally relevant and responsive and environmentally healthy support child brain development and the well-being of children and early learning and child care staff.
(6) Sustained public investment and technical assistance are necessary to overcome constraints and incentivize the development and expansion of early learning and care resources in this state.
(7) The purpose of ORS 329A.720 to 329A.732 is to provide financial assistance to eligible applicants for activities that promote increased early learning and care capacity across the state, in an amount determined on a case-by-case basis by the Oregon Business Development Department. [2023 c.523 §1]
Note:
329A.720 to 329A.732 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.723 - Definitions for ORS 329A.720 to 329A.732.

As used in ORS 329A.720 to 329A.732:
(1) "Administrative costs" includes, but is not limited to, the direct and indirect costs incurred by the Oregon Business Development Department for:
(a) Reviewing and processing applications for grants and loans for financial assistance submitted by eligible applicants under ORS 329A.727.
(b) Monitoring the use of funds by recipients.
(2) "Child care facility" has the meaning given that term in ORS 329A.250.
(3) "Early child care infrastructure activity" means an activity that contributes to the development of a robust child care system in this state.
(4) "Eligible applicant" means any of the following:
(a) A certified or registered family child care provider.
(b) A person or nonprofit organization that operates a child care facility.
(c) A child care center certified under ORS 329A.280 by the Department of Early Learning and Care.
(d) Federally recognized Indian tribes in Oregon that are preschool providers participating in the Preschool Promise Program established under ORS 329.172.
(e) Organizations that support the expansion or establishment of child care providers.
(f) Programs that serve children in publicly funded early learning and care programs including:
(A) Programs funded by the Early Childhood Equity Fund established under ORS 417.781.
(B) Relief nurseries.
(C) Programs that receive subsidies through the Employment Related Day Care subsidy program under ORS 329A.500.
(D) Oregon Head Start, prekindergarten and Early Head Start programs.
(E) Programs that provide early childhood special education or early intervention services, as provided by ORS 343.475.
(g) Culturally specific early learning, early childhood and parent support programs described under ORS 417.782 (1).
(h) Any other applicants that the Oregon Business Development Department deems to be an eligible applicant as provided by department rule.
(5) "Family child care provider" has the meaning given that term in ORS 329A.430. [2023 c.523 §2]
Note:
See note under 329A.720.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.725 - Child Care Infrastructure Fund.

(1)(a) The Child Care Infrastructure Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Child Care Infrastructure Fund shall be credited to the fund.
(b) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purposes set forth in ORS 329A.727.
(c) The Oregon Business Development Department shall administer the fund in consultation with the Department of Early Learning and Care.
(2) The fund shall consist of moneys credited to the fund, including:
(a) Moneys appropriated to the fund by the Legislative Assembly;
(b) Moneys transferred to the fund by the Oregon Business Development Department;
(c) Earnings on moneys in the fund;
(d) Moneys received from the federal or state government; and
(e) Moneys from any other source, including, but not limited to, grants and gifts. [2023 c.523 §3]
Note:
See note under 329A.720.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.730 - Nonprofit grants; rules.

(1) The Department of Early Learning and Care shall establish a program to award grants to nonprofit entities that have experience in providing technical assistance to child care providers for redistribution by the nonprofit organization to eligible applicants.
(2) The allowable uses of grant moneys awarded under this section include:
(a) Paying any one or more of the allowable costs described under ORS 329A.727; and
(b) Providing subgrantees with funding resources to promote the establishment and expansion of child care facilities and child care capacity in rural geographic areas and among historically underserved communities that are identified as child care deserts according to standards established by the department by rule.
(3) Upon being awarded a grant under this section, the nonprofit grantee shall enter into an agreement with the department that:
(a) Indicates the purposes for which the grant funds may be used;
(b) Requires the grantee to establish a method by which subgrantees may apply for and receive grants from the nonprofit that is consistent with the grant and loan application process established by rule by the department under ORS 329A.727; and
(c) Directs the nonprofit to administer the distribution of grant funds to subgrantees under this section.
(4) The department may adopt any rules necessary to administer this section. [2023 c.523 §5]
Note:
See note under 329A.720.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.732 - Technical assistance.

(1) The Department of Early Learning and Care may provide technical assistance to support eligible applicants approved for financial assistance under ORS 329A.727 with implementing child care infrastructure expansion activities.
(2) The department shall consult and collaborate with entities that have experience with and are engaged in providing technical assistance to child care providers regarding accessing resources to promote:
(a) Child care facility and capacity expansion; and
(b) Business strategy and operations support and training. [2023 c.523 §6]
Note:
See note under 329A.720.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.750 - Department of Early Learning and Care responsible for administering federal funds.

(1) The Department of Early Learning and Care shall be responsible, as designated by the Governor, for administering funds received by the State of Oregon pursuant to the federal Child Care and Development Block Grant Act of 2014, the Child Care and Development Fund and other federal child care funds and grants received by the State of Oregon.
(2) Through the legislative budgeting process, the Legislative Assembly shall identify the portions of the funds received by the State of Oregon pursuant to the federal Child Care and Development Block Grant Act of 2014 to be spent to provide quality child care, to provide child care subsidies and for administrative expenditures. The department shall administer the funds according to the portions identified by the Legislative Assembly.
(3) The department shall submit an annual report to the Legislative Fiscal Office regarding the expenditures of the funds received by the State of Oregon pursuant to the federal Child Care and Development Block Grant Act of 2014 and the most recent estimate of the balance of the funds. [2021 c.631 §13]
Note:
329A.750 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 329A - Child Care › Section 329A.992 - Suspension; revocation; civil penalty; rules; injunctive relief.

(1) In addition to any other provision of law or rule adopted pursuant to ORS 329A.260 for enforcement of the provisions of ORS chapter 329A, the Department of Early Learning and Care may:
(a) Suspend or revoke a certification or registration issued under ORS 329A.250 to 329A.450, or impose a civil penalty in the manner provided in ORS 183.745, for violation of:
(A) Any of the provisions of ORS 329A.030 and 329A.250 to 329A.450;
(B) The terms and conditions of a certification or registration issued under ORS 329A.250 to 329A.450; or
(C) Any rule of the Early Learning Council adopted under ORS 329A.030 and 329A.250 to 329A.450.
(b) Impose a civil penalty in the manner provided in ORS 183.745 and file for injunctive relief in a circuit court for the provision of child care, or for having a child in an individual’s care, in violation of ORS 329A.030 (2).
(c) Remove an individual described in ORS 329A.030 (11)(d) from the Central Background Registry, or impose a civil penalty in the manner provided in ORS 183.745, for the individual’s or the subsidized care facility’s violation of:
(A) Any of the provisions of ORS 329A.030 or 329A.500; or
(B) Any rule of the Early Learning Council adopted under ORS 329A.030, 329A.500 or 329A.505.
(2) The Early Learning Council may adopt by rule a schedule establishing the civil penalties that may be imposed under this section.
(3) Except as provided in subsection (4) of this section, penalties imposed under this section may not exceed:
(a) $750 per violation for a registered family child care home.
(b) $1,200 per violation for a certified family child care home.
(c) $2,500 per violation for a certified child care center that is not a family child care home.
(4) The department may impose a civil penalty of not more than $1,500 for a child care facility that provides child care without a valid:
(a) Certification, in violation of ORS 329A.280; or
(b) Registration, in violation of ORS 329A.330.
(5) Each day that a child care facility is operating in violation of any of the provisions described in subsection (1) of this section is a separate violation.
(6) The department may revoke a child care facility’s certification or registration or deny a child care facility’s renewal application for a certification or registration if the facility fails to pay a civil penalty after the order imposing the penalty becomes final.
(7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department considers proper and consistent with the public health and safety.
(8) All moneys received under this section shall be paid into the State Treasury and credited to the General Fund. [Formerly 657A.992; 2017 c.617 §5; 2018 c.115 §13; 2019 c.679 §3; 2022 c.27 §§15,27; 2023 c.554 §41]
Note:
329A.992 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.