Child Care

ORS 329A.252
Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended

(1)

As used in this section, “exempt prohibited individual” means:

(a)

An individual whose certification or registration is suspended, has been denied for cause or has been revoked under ORS 329A.350 (Denial, revocation or suspension of certification or registration).

(b)

An individual whose enrollment in the Central Background Registry established by ORS 329A.030 (Central Background Registry) is suspended, has been denied for cause or has been removed under ORS 329A.030 (Central Background Registry).

(c)

An individual whose certification, registration or enrollment in the Central Background Registry is subject to an emergency order of suspension under ORS 183.430 (Hearing on refusal to renew license) (2).

(d)

An individual who voluntarily surrendered the individual’s certification, registration or enrollment in the Central Background Registry while under investigation by the Office of Child Care or at any time after the Office of Child Care has given notice of an administrative proceeding against the individual or the individual’s child care facility.

(e)

An individual to whom the Office of Child Care has issued a final order to cease and desist:

(A)

After a contested proceeding; or

(B)

That has become effective because the individual did not request a hearing.

(2)

For five years following the date on which an individual becomes an exempt prohibited individual, the exempt prohibited individual:

(a)

Is ineligible for enrollment in the Central Background Registry; and

(b)

May not provide care to a child who is not related to the exempt prohibited individual by blood or marriage within the fourth degree as determined by civil law.

(3)

After the five-year period described in subsection (2) of this section, an individual ceases to be an exempt prohibited individual if the individual enrolls in the Central Background Registry.

(4)

Notwithstanding the five-year period described in subsection (2) of this section, an individual shall be permanently considered an exempt prohibited individual and shall be permanently subject to the prohibitions described in subsection (2) of this section if the individual:

(a)

Has been convicted of, in any state, a crime in which a child suffered serious physical injury, as defined in ORS 161.015 (General definitions), or death; or

(b)

Is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) or the laws of another jurisdiction. [Formerly 657A.252; 2018 c.115 §3; 2019 c.679 §§1,1a]
Source

Last accessed
Jun. 26, 2021

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