Child Care

ORS 329A.992
Suspension

  • revocation
  • civil penalty
  • rules
  • injunctive relief


(1)

In addition to any other provision of law or rule adopted pursuant to ORS 329A.260 (Minimum standards for child care facilities) for enforcement of the provisions of ORS chapter 329A, the Office of Child Care may:

(a)

Suspend or revoke a certification or registration issued under 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), or impose a civil penalty in the manner provided in ORS 183.745 (Civil penalty procedures), for violation of:

(A)

Any of the provisions of 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);

(B)

The terms and conditions of a certification or registration issued under 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); or

(C)

Any rule of the Early Learning Council adopted under 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).

(b)

Impose a civil penalty in the manner provided in ORS 183.745 (Civil penalty procedures) and file for injunctive relief in a circuit court for the provision of child care, or for having a child in an individual’s care, in violation of ORS 329A.030 (Central Background Registry) (2).

(2)

The Early Learning Council may adopt by rule a schedule establishing the civil penalties that may be imposed under this section.

(3)

Except as provided in subsection (4) of this section, penalties imposed under this section may not exceed:

(a)

$750 per violation for a registered family child care home.

(b)

$1,200 per violation for a certified family child care home.

(c)

$2,500 per violation for a certified child care center that is not a family child care home.

(4)

The office may impose a civil penalty of not more than $1,500 for a child care facility that provides child care without a valid:

(a)

Certification, in violation of ORS 329A.280 (When certification required); or

(b)

Registration, in violation of ORS 329A.330 (Registration requirements).

(5)

Each day that a child care facility is operating in violation of any of the provisions described in subsection (1) of this section is a separate violation.

(6)

The office may revoke a child care facility’s certification or registration or deny a child care facility’s renewal application for a certification or registration if the facility fails to pay a civil penalty after the order imposing the penalty becomes final.

(7)

A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the office considers proper and consistent with the public health and safety.

(8)

All moneys received under this section shall be paid into the State Treasury and credited to the General Fund. [Formerly 657A.992; 2017 c.617 §5; 2018 c.115 §13; 2019 c.679 §3]
Note: 329A.992 (Suspension) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source

Last accessed
Jun. 26, 2021