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An individual whose certification or registration is suspended, has been denied for cause or has been revoked for cause under ORS 329A.350 (Denial, revocation or suspension of certification or registration).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 for cause 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; 2021 c.343 §2]

Source: Section 329A.252 — Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended, https://www.­oregonlegislature.­gov/bills_laws/ors/ors329A.­html.

329A.010
Office of Child Care 329A.020
Duties of office 329A.025
Information sharing between Office of Child Care and Department of Human Services 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 Office of Child Care 329A.250
Definitions for ORS 329A.030 and 329A.250 to 329A.450 329A.252
Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended 329A.255
Preschool recorded program 329A.257
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.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.490
Child care provider training program 329A.493
Funds for training program 329A.500
Employment Related Day Care subsidy program 329A.505
Inspection 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.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
Green check means up to date. Up to date

Current through early 2024

§ 329A.252’s source at oregon​.gov