ORS 329A.290
Qualifications of applicant for certification


A person applying for a certification for a child care facility shall demonstrate to the satisfaction of the Department of Early Learning and Care that:

(1)

The moral character and habits of the person will not endanger the well-being of children for whom the person is to provide care.

(2)

The attitude of the person toward children and understanding of their needs qualify the person to care for children.

(3)

The person is physically and mentally capable of caring for children.

(4)

The facility and its operation are adequate to protect the health, the safety and the physical, moral and mental well-being of the children to be cared for in the facility, including but not limited to:

(a)

Adequate staffing by suitable persons qualified by education or experience to meet their respective responsibilities in the care of children.

(b)

Adequate physical facilities for the care of children, such as building construction, sanitation, plumbing, heating, lighting, ventilation, maintenance, indoor and outdoor activity areas and fire protection.

(c)

A program of activities conforming to recognized practices in the areas of child welfare, education and physical and mental health to provide opportunity for development and recreation.

(d)

Exclusion from the facility of individuals whose presence may be detrimental to the welfare of children, including exclusion of any individual with a criminal record indicating conviction of any crime which would bar the individual from operating or being employed in a child care facility under ORS 329A.260 (Minimum standards for child care facilities). [Formerly 657A.290; 2023 c.554 §18]
Note: The amendments to 329A.290 (Qualifications of applicant for certification) by section 4, 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.290 (Qualifications of applicant for certification). A person applying for a certification for a child care facility shall demonstrate to the satisfaction of the Department of Early Learning and Care that:

(1)

The moral character and habits of the person will not endanger the well-being of children for whom the person is to provide care.

(2)

The attitude of the person toward children and understanding of their needs qualify the person to care for children.

(3)

The person is physically and mentally capable of caring for children.

(4)

The facility and its operation are adequate to protect the health, the safety and the physical, moral and mental well-being of the children to be cared for in the facility, including but not limited to:

(a)

Adequate staffing by suitable persons qualified by education or experience to meet their respective responsibilities in the care of children.

(b)

Adequate physical facilities for the care of children, such as:

(A)

For family child care homes and child care centers, building construction, sanitation, plumbing, heating, lighting, ventilation, maintenance, indoor and outdoor activity areas and fire protection.

(B)

For outdoor child care programs, sanitation, maintenance, food preparation and food storage areas.

(c)

A program of activities conforming to recognized practices in the areas of child welfare, education and physical and mental health to provide opportunity for development and recreation.

(d)

Exclusion from the facility of individuals whose presence may be detrimental to the welfare of children, including exclusion of any individual with a criminal record indicating conviction of any crime which would bar the individual from operating or being employed in a child care facility under ORS 329A.260 (Minimum standards for child care facilities).

Source: Section 329A.290 — Qualifications of applicant for certification, 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.290. Qualifications of applicant for certification's source at oregon​.gov