ORS 329A.390
Inspection
- right to enter premises and to inspect records
- investigation
- rules
(1)
Whenever an authorized representative of the Office of Child Care is advised or has reason to believe that child care that is subject to regulation by the office is being provided without a certification, registration or record, the authorized representative may visit and conduct an investigation of the facility at any reasonable time to determine whether the facility is subject to the requirements of ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 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).(2)
At any reasonable time, an authorized representative of the Office of Child Care may conduct an investigation of any certified or registered child care facility to determine whether the child care facility is in conformity with ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 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) and the rules promulgated pursuant to ORS 181A.195 (Criminal records check), 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks), 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).(3)
An authorized representative of the Office of Child Care shall conduct an investigation of any certified or registered child care facility or of any other child care facility that is subject to regulation by the office if the office receives a serious complaint about the child care facility.(4)
Complaints, including but not limited to serious complaints, made by individuals or entities regarding certified or registered child care facilities, regulated subsidy facilities, preschool recorded programs or school-age recorded programs may be received and investigated by the Office of Child Care. The name, address and other identifying information about the individual or entity that made the complaint may not be disclosed.(5)
Any state agency that receives a complaint about a certified or registered child care facility, a regulated subsidy facility, a preschool recorded program or a school-age recorded program shall notify the Office of Child Care about the complaint and any subsequent action taken by the state agency based on that complaint.(6)
A director or operator of a child care facility, a regulated subsidy facility, a preschool recorded program or a school-age recorded program shall permit an authorized representative of the Office of Child Care to inspect records of the facility or program and shall furnish promptly reports and information required by the office.(7)
In conducting an investigation under this section, the office may:(a)
Take evidence;(b)
Take the depositions of witnesses, including the person under investigation, in the manner prescribed by law for depositions in civil actions;(c)
Compel the appearance of witnesses, including the person under investigation, in the manner prescribed by law for appearances in civil actions;(d)
Require answers to interrogatories;(e)
Compel the production of books, papers, accounts, documents or testimony that pertains to the matter under investigation;(f)
Issue subpoenas; and(g)
Inspect the premises of the facility under investigation.(8)
The Office of Child Care may share information regarding investigations or inspections conducted under this section with other public entities when the office determines that sharing the information would support the health or safety of children in child care.(9)
The Office of Child Care shall make a reasonable attempt to identify any child care facility or person or place providing child care about which the office receives a complaint, including but not limited to a serious complaint, if the complaint includes, but is not limited to, any of the following information:(a)
The name of a child in the care of the child care facility or person or place providing child care, or the child’s parent;(b)
The name of a child care provider, a child care facility owner, operator or employee, or a person or place providing child care;(c)
The name of the child care facility or person or place providing child care;(d)
The phone number of the child care facility or person or place providing child care; or(e)
The physical address of the child care facility or person or place providing child care.(10)
As used in this section:(a)
Intentionally left blank —Ed.(A)
“Serious complaint” has the meaning given that term by the Early Learning Council by rule.(B)
“Serious complaint” includes notifications or reports of alleged child abuse received by the Office of Child Care.(b)
“Regulated subsidy facility” has the meaning given that term by the Early Learning Council by rule. [Formerly 657A.390; 2015 c.758 §12; 2017 c.617 §3; 2019 c.187 §7; 2019 c.266 §1]
Source:
Section 329A.390 — Inspection; right to enter premises and to inspect records; investigation; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors329A.html.
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