Child Care

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

As used in ORS 329A.030 (Central Background Registry) and 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility), unless the context requires otherwise:


“Babysitter” means a person who goes into the home of a child to give care during the temporary absence of the parent or legal guardian or custodian.


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


“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.


Subject to ORS 329A.440 (Application of zoning ordinances to registered or certified family child care homes), “child care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, provided to a child during a part of the 24 hours of the day, in a place other than the child’s home, with or without compensation. “Child care” does not include care provided:


In the home of the child;


By the child’s parent, guardian, or person acting in loco parentis;


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


On an occasional basis by a person not ordinarily engaged in providing child care;


By providers of medical services;


By a babysitter;


By a person who cares for children from only one family other than the person’s own family;


By a person who cares for no more than three children other than the person’s own children; or


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


“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:


Preschool recorded program.


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


Facility providing care that is primarily group athletic or social activities sponsored by or under the supervision of an organized club or hobby group.


Facility operated by:


A school district as defined in ORS 332.002 (Definitions for chapter);


A political subdivision of this state; or


A governmental agency.


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




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


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.


Facility operated as a school-age recorded program.


“Family” has the meaning given that term in ORS 329.145 (Definitions for ORS 329.150 and 329.155).


“Occasional” means that care is provided for no more than 70 days in any calendar year.


“Parent cooperative” means a child care program in which:


Care is provided by parents on a rotating basis;


Membership in the cooperative includes parents;


There are written policies and procedures; and


A board of directors that includes parents of the children cared for by the cooperative controls the policies and procedures of the program.


“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.


“Record” means the record that is issued under ORS 329A.255 (Preschool recorded program) to a preschool recorded program or under ORS 329A.257 (School-age recorded program) to a school-age recorded program.


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


“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.


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


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


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


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.


“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]


Last accessed
Jun. 26, 2021