ORS 329A.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 329A.330 (Registration requirements), without a certification for the facility from the Office of Child Care.(2)
The Early Learning Council shall adopt rules for the certification of a family child care home caring for not more than 16 children. Rules may be adopted specifically for certified child care facilities operated in a single-family dwelling or other dwelling. Notwithstanding fire and other safety regulations, the rules that the council adopts for certified child care facilities shall set standards that can be met without significant architectural modification. In adopting the rules, the council 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 provider’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. The rules must require compliance with the provisions of ORS 329A.600 (Early Childhood Suspension and Expulsion Prevention Program).(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 council 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 Office of Child Care and receive a certification upon meeting certification requirements.(5)
A facility described in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) (5)(d) may, but is not required to, apply for a certification under this section and receive a certification upon meeting certification requirements. [Formerly 657A.280; 2019 c.187 §4; 2021 c.369 §2; 2021 c.518 §2](2)
The Early Learning Council shall adopt rules for the certification of a family child care home caring for not more than 16 children. Rules may be adopted specifically for certified child care facilities operated in a single-family dwelling or other dwelling. Notwithstanding fire and other safety regulations, the rules that the council adopts for certified child care facilities shall set standards that can be met without significant architectural modification. In adopting the rules, the council 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 provider’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 council 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 Office of Child Care and receive a certification upon meeting certification requirements.(5)
A facility described in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) (5)(d) may, but is not required to, apply for a certification under this section and receive a certification upon meeting certification requirements.
Source:
Section 329A.280 — When certification required; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors329A.html.
Notes of Decisions
Certification function does not create special relationship between CSD and users of uncertified facilities resulting in CSD special duty of care. Blachly v. Portland Police Dept., 135 Or App 109, 898 P2d 784 (1995)
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