ORS 329A.250
Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500


As used in ORS 329A.030 (Central Background Registry), 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) to 329A.450 (Assistance to staff of facility) and 329A.500 (Employment Related Day Care subsidy program and other subsidy programs), 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, legal guardian or custodian.

(2)

“Certification” means the certification that is issued under ORS 329A.280 (When certification required) to a family child care home, child care center or other child care facility.

(3)

“Child” means a child under 13 years of age or a child under 18 years of age who has special needs or disabilities and requires a level of care that is above normal for the child’s age.

(4)

Intentionally left blank —Ed.

(a)

“Child care” means the provision, on a regular basis and with or without compensation, of care, supervision and guidance to a child who is unaccompanied by a parent, legal guardian or custodian when that care, supervision and guidance are provided:

(A)

At a location that is not the child’s home and are provided at any time during the 24 hours of the day, unless the care, supervision and guidance are provided by a person described in paragraph (b)(A) to (H) of this subsection in a manner not described in subparagraph (B) of this paragraph; or

(B)

At a location for which the Department of Early Learning and Care has issued a certification or registration if:
(i)
The care, supervision and guidance are provided during the location’s regular operating hours; and
(ii)
The location is not the child’s home.

(b)

“Child care” does not include the provision, with or without compensation, of care, supervision and guidance to a child when that care, supervision and guidance are provided:

(A)

By a babysitter or other person in the home of the child;

(B)

By the child’s parent, legal guardian or custodian;

(C)

By a person related to the child by blood or marriage within the fourth degree as determined by civil law;

(D)

By a provider of medical services;

(E)

By a person who cares for children from only one family in addition to any children who reside with the person;

(F)

By a person who cares for no more than three children in addition to any children who reside with the person;

(G)

By a person who is a member of the child’s extended family, as determined by the department on a case-by-case basis; or

(H)

On an occasional basis.

(c)

For purposes of this subsection, the provision of care, supervision and guidance that does not fit entirely within a single subparagraph of paragraph (b) of this subsection is considered “child care” unless otherwise authorized by the Early Learning Council by rule.

(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)

Preschool recorded program.

(b)

Facility providing care for school-age children that is primarily a single enrichment activity, for eight hours or less a week.

(c)

Facility providing care that is primarily 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 (Definitions for chapter);

(B)

A political subdivision of this state; or

(C)

A governmental agency.

(e)

Residential facility licensed under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties).

(f)

Facility operated as a parent cooperative for no more than four hours a day.

(g)

Facility providing care while the child’s parent remains on the premises and is engaged in an activity offered by the facility or in other nonwork activity.

(h)

Facility operated as a school-age recorded program.

(6)

“Family” has the meaning given that term by the Early Learning Council by rule.

(7)

“Occasional” has the meaning given that term by the Early Learning Council by rule.

(8)

“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.

(9)

“Preschool recorded program” means a facility providing care for preschool children that is primarily educational for four hours or less per day and where no child is present at the facility for more than four hours per day.

(10)

“Record” means the record that is issued under ORS 329A.255 (Preschool recorded program and school-age recorded program) to a preschool recorded program or a school-age recorded program.

(11)

“Registration” means the registration that is issued under ORS 329A.330 (Registration requirements) to a family child care home where care is provided in the family living quarters of the provider’s home.

(12)

“School age” means of an age eligible to be enrolled in kindergarten or above on or before the first day of the current school year.

(13)

“School-age recorded program” means a program for school-age children:

(a)

That is not operated by a school district as defined in ORS 332.002 (Definitions for chapter);

(b)

That is not required to be certified under ORS 329A.280 (When certification required) or registered under ORS 329A.330 (Registration requirements); and

(c)

In which youth development activities are provided to children during hours that school is not in session and does not take the place of a parent’s care.

(14)

Intentionally left blank —Ed.

(a)

“Subsidized care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, legal guardian or custodian, provided to a child during a part of the 24 hours of a day, paid for in whole or in part by public funds that are allocated to subsidy programs administered by the department.

(b)

“Subsidized care” does not include care provided:

(A)

By the child’s parent, legal guardian or custodian;

(B)

By a sibling living in the same home as the child;

(C)

By a person on the same subsidized care case of a child in care; or

(D)

By a provider of medical services, as determined by the department on a case-by-case basis.

(15)

“Subsidized care facility” means any facility that provides subsidized 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 program or facility identified by the Early Learning Council by rule.

(16)

“Youth development activities” means care, supervision or guidance that is intended for enrichment, including but not limited to teaching skills or proficiency in physical, social or educational activities such as tutoring, music lessons, social activities, sports and recreational activities. [Formerly 657A.250; 2018 c.115 §2; 2021 c.369 §7; 2021 c.631 §40; 2022 c.27 §§22,23; 2022 c.90 §§5,6; 2023 c.554 §§1,2]
Note: The amendments to 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) by section 2, chapter 508, Oregon Laws 2023, become operative July 1, 2025. See section 5, chapter 508, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.
329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500). As used in ORS 329A.030 (Central Background Registry), 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) to 329A.450 (Assistance to staff of facility) and 329A.500 (Employment Related Day Care subsidy program and other subsidy programs), 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, legal guardian or custodian.

(2)

“Certification” means the certification that is issued under ORS 329A.280 (When certification required) to a family child care home, child care center or other child care facility.

(3)

“Child” means a child under 13 years of age or a child under 18 years of age who has special needs or disabilities and requires a level of care that is above normal for the child’s age.

(4)

Intentionally left blank —Ed.

(a)

“Child care” means the provision, on a regular basis and with or without compensation, of care, supervision and guidance to a child who is unaccompanied by a parent, legal guardian or custodian when that care, supervision and guidance are provided:

(A)

At a location that is not the child’s home and are provided at any time during the 24 hours of the day, unless the care, supervision and guidance are provided by a person described in paragraph (b)(A) to (H) of this subsection in a manner not described in subparagraph (B) of this paragraph; or

(B)

At a location for which the Department of Early Learning and Care has issued a certification or registration if:
(i)
The care, supervision and guidance are provided during the location’s regular operating hours; and
(ii)
The location is not the child’s home.

(b)

“Child care” does not include the provision, with or without compensation, of care, supervision and guidance to a child when that care, supervision and guidance are provided:

(A)

By a babysitter or other person in the home of the child;

(B)

By the child’s parent, legal guardian or custodian;

(C)

By a person related to the child by blood or marriage within the fourth degree as determined by civil law;

(D)

By a provider of medical services;

(E)

By a person who cares for children from only one family in addition to any children who reside with the person;

(F)

By a person who cares for no more than three children in addition to any children who reside with the person;

(G)

By a person who is a member of the child’s extended family, as determined by the department on a case-by-case basis; or

(H)

On an occasional basis.

(c)

For purposes of this subsection, the provision of care, supervision and guidance that does not fit entirely within a single subparagraph of paragraph (b) of this subsection is considered “child care” unless otherwise authorized by the Early Learning Council by rule.

(5)

“Child care facility” means any facility that provides child care to children, including a day nursery, nursery school, child care center, outdoor child care program, certified or registered family child care home or similar unit operating under any name, but not including any:

(a)

Preschool recorded program.

(b)

Facility providing care for school-age children that is primarily a single enrichment activity, for eight hours or less a week.

(c)

Facility providing care that is primarily 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 (Definitions for chapter);

(B)

A political subdivision of this state; or

(C)

A governmental agency.

(e)

Residential facility licensed under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties).

(f)

Facility operated as a parent cooperative for no more than four hours a day.

(g)

Facility providing care while the child’s parent remains on the premises and is engaged in an activity offered by the facility or in other nonwork activity.

(h)

Facility operated as a school-age recorded program.

(6)

“Family” has the meaning given that term by the Early Learning Council by rule.

(7)

“Occasional” has the meaning given that term by the Early Learning Council by rule.

(8)

“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.

(9)

“Preschool recorded program” means a facility providing care for preschool children that is primarily educational for four hours or less per day and where no child is present at the facility for more than four hours per day.

(10)

“Record” means the record that is issued under ORS 329A.255 (Preschool recorded program and school-age recorded program) to a preschool recorded program or a school-age recorded program.

(11)

“Registration” means the registration that is issued under ORS 329A.330 (Registration requirements) to a family child care home where care is provided in the family living quarters of the provider’s home.

(12)

“School age” means of an age eligible to be enrolled in kindergarten or above on or before the first day of the current school year.

(13)

“School-age recorded program” means a program for school-age children:

(a)

That is not operated by a school district as defined in ORS 332.002 (Definitions for chapter);

(b)

That is not required to be certified under ORS 329A.280 (When certification required) or registered under ORS 329A.330 (Registration requirements); and

(c)

In which youth development activities are provided to children during hours that school is not in session and does not take the place of a parent’s care.

(14)

Intentionally left blank —Ed.

(a)

“Subsidized care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, legal guardian or custodian, provided to a child during a part of the 24 hours of a day, paid for in whole or in part by public funds that are allocated to subsidy programs administered by the department.

(b)

“Subsidized care” does not include care provided:

(A)

By the child’s parent, legal guardian or custodian;

(B)

By a sibling living in the same home as the child;

(C)

By a person on the same subsidized care case of a child in care; or

(D)

By a provider of medical services, as determined by the department on a case-by-case basis.

(15)

“Subsidized care facility” means any facility that provides subsidized 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 program or facility identified by the Early Learning Council by rule.

(16)

“Youth development activities” means care, supervision or guidance that is intended for enrichment, including but not limited to teaching skills or proficiency in physical, social or educational activities such as tutoring, music lessons, social activities, sports and recreational activities.

Source: Section 329A.250 — Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500, https://www.­oregonlegislature.­gov/bills_laws/ors/ors329A.­html (accessed May 26, 2025).

329A.010
Implementation of child care laws by department
329A.020
Duties of department related to child care
329A.025
Information sharing with state agencies
329A.030
Central Background Registry
329A.100
“Resource and referral system” defined for ORS 329A.100 to 329A.135
329A.110
Policy
329A.120
Services by resource and referral entities
329A.130
Resource and referral entities required to match funds
329A.135
Duties of department related to resource and referral system
329A.250
Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500
329A.252
Provision of care by persons whose record, certification or registration or enrollment in registry is denied, revoked or suspended
329A.255
Preschool recorded program and school-age recorded program
329A.260
Minimum standards for child care facilities
329A.261
Development of quality recognition and improvement system
329A.263
Emergency plan for facilities
329A.270
Renewal procedure for certification or registration
329A.273
Child Care Fund
329A.275
Rules
329A.280
When certification required
329A.290
Qualifications of applicant for certification
329A.300
Issuance of certification
329A.310
Application
329A.330
Registration requirements
329A.340
Certain child care providers required to attend orientation
329A.342
Jurisdiction
329A.344
Cease and desist order
329A.346
Progressive enforcement system
329A.348
Interference with disclosure of information
329A.350
Denial, revocation or suspension of certification or registration
329A.360
Notice
329A.370
Injunction
329A.390
Inspection
329A.400
Duties of Oregon Health Authority
329A.410
When search warrant required
329A.420
Cooperative agreements to inspect premises
329A.430
Rights of family child care providers to join labor organizations
329A.440
Application of land use regulations to family child care homes
329A.450
Assistance to staff of facility
329A.460
Separate sleeping quarters not required for certain persons providing child care or babysitting services
329A.500
Employment Related Day Care subsidy program and other subsidy programs
329A.505
Inspection
329A.525
Standards and processes for international early childhood professionals
329A.600
Early Childhood Suspension and Expulsion Prevention Program
329A.625
Prohibition on suspending or expelling child from program
329A.700
Definitions for ORS 329A.700 to 329A.712
329A.703
Program established
329A.706
Program implementation
329A.712
Revenue distribution to child care providers
329A.720
Findings
329A.723
Definitions for ORS 329A.720 to 329A.732
329A.725
Child Care Infrastructure Fund
329A.727
Allowable costs
329A.730
Nonprofit grants
329A.732
Technical assistance
329A.750
Department of Early Learning and Care responsible for administering federal funds
329A.990
Criminal penalty
329A.992
Suspension
329A.994
Civil penalty for interference with disclosure of information

Current through early 2026

§ 329A.250. Definitions for ORS 329A.030, 329A.250 to 329A.450 & 329A.500's source at oregon​.gov