As used in ORS § 329A.030, 329A.250 to 329A.450 and 329A.500, unless the context requires otherwise:

(1) ‘Babysitter’ means a person who goes into the home of a child to give care during the temporary absence of the parent, legal guardian or custodian.

(2) ‘Certification’ means the certification that is issued under ORS § 329A.280 to a family child care home, child care center or other child care facility.

(3) ‘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.

(4)(a) ‘Child care’ means the provision, on a regular basis and with or without compensation, of care, supervision and guidance to a child who is unaccompanied by a parent, legal guardian or custodian when that care, supervision and guidance are provided:

(A) At a location that is not the child’s home and are provided at any time during the 24 hours of the day, unless the care, supervision and guidance are provided by a person described in paragraph (b)(A) to (H) of this subsection in a manner not described in subparagraph (B) of this paragraph; or

(B) At a location for which the Department of Early Learning and Care has issued a certification or registration if:

(i) The care, supervision and guidance are provided during the location’s regular operating hours; and

(ii) The location is not the child’s home.

(b) ‘Child care’ does not include the provision, with or without compensation, of care, supervision and guidance to a child when that care, supervision and guidance are provided:

(A) By a babysitter or other person in the home of the child;

(B) By the child’s parent, legal guardian or custodian;

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

(D) By a provider of medical services;

(E) By a person who cares for children from only one family in addition to any children who reside with the person;

(F) By a person who cares for no more than three children in addition to any children who reside with the person;

(G) By a person who is a member of the child’s extended family, as determined by the department on a case-by-case basis; or

(H) On an occasional basis.

(c) For purposes of this subsection, the provision of care, supervision and guidance that does not fit entirely within a single subparagraph of paragraph (b) of this subsection is considered ‘child care’ unless otherwise authorized by the Early Learning Council by rule.

(5) ‘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:

(a) Preschool recorded program.

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

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

(d) Facility operated by:

(A) A school district as defined in ORS § 332.002;

(B) A political subdivision of this state; or

(C) A governmental agency.

(e) Residential facility licensed under ORS § 443.400 to 443.455.

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

(g) 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.

(h) Facility operated as a school-age recorded program.

(6) ‘Family’ has the meaning given that term by the Early Learning Council by rule.

(7) ‘Occasional’ has the meaning given that term by the Early Learning Council by rule.

(8) ‘Parent cooperative’ means a child care program in which:

(a) Care is provided by parents on a rotating basis;

(b) Membership in the cooperative includes parents;

(c) There are written policies and procedures; and

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

(9) ‘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.

(10) ‘Record’ means the record that is issued under ORS § 329A.255 to a preschool recorded program or a school-age recorded program.

(11) ‘Registration’ means the registration that is issued under ORS § 329A.330 to a family child care home where care is provided in the family living quarters of the provider’s home.

(12) ‘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.

(13) ‘School-age recorded program’ means a program for school-age children:

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

(b) That is not required to be certified under ORS § 329A.280 or registered under ORS § 329A.330; and

(c) 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.

(14)(a) ‘Subsidized care’ means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, legal guardian or custodian, provided to a child during a part of the 24 hours of a day, paid for in whole or in part by public funds that are allocated to subsidy programs administered by the department.

(b) ‘Subsidized care’ does not include care provided:

(A) By the child’s parent, legal guardian or custodian;

(B) By a sibling living in the same home as the child;

(C) By a person on the same subsidized care case of a child in care; or

(D) By a provider of medical services, as determined by the department on a case-by-case basis.

(15) ‘Subsidized care facility’ means any facility that provides subsidized 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 program or facility identified by the Early Learning Council by rule.

(16) ‘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; 2021 c.369 § 7; 2021 c.631 § 40; 2022 c.27 22,23; 2022 c.90 5,6; 2023 c.554 1,2]

The amendments to 329A.250 by section 2, 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.

As used in ORS § 329A.030, 329A.250 to 329A.450 and 329A.500, unless the context requires otherwise:

(1) ‘Babysitter’ means a person who goes into the home of a child to give care during the temporary absence of the parent, legal guardian or custodian.

(2) ‘Certification’ means the certification that is issued under ORS § 329A.280 to a family child care home, child care center or other child care facility.

(3) ‘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.

(4)(a) ‘Child care’ means the provision, on a regular basis and with or without compensation, of care, supervision and guidance to a child who is unaccompanied by a parent, legal guardian or custodian when that care, supervision and guidance are provided:

(A) At a location that is not the child’s home and are provided at any time during the 24 hours of the day, unless the care, supervision and guidance are provided by a person described in paragraph (b)(A) to (H) of this subsection in a manner not described in subparagraph (B) of this paragraph; or

(B) At a location for which the Department of Early Learning and Care has issued a certification or registration if:

(i) The care, supervision and guidance are provided during the location’s regular operating hours; and

(ii) The location is not the child’s home.

(b) ‘Child care’ does not include the provision, with or without compensation, of care, supervision and guidance to a child when that care, supervision and guidance are provided:

(A) By a babysitter or other person in the home of the child;

(B) By the child’s parent, legal guardian or custodian;

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

(D) By a provider of medical services;

(E) By a person who cares for children from only one family in addition to any children who reside with the person;

(F) By a person who cares for no more than three children in addition to any children who reside with the person;

(G) By a person who is a member of the child’s extended family, as determined by the department on a case-by-case basis; or

(H) On an occasional basis.

(c) For purposes of this subsection, the provision of care, supervision and guidance that does not fit entirely within a single subparagraph of paragraph (b) of this subsection is considered ‘child care’ unless otherwise authorized by the Early Learning Council by rule.

(5) ‘Child care facility’ means any facility that provides child care to children, including a day nursery, nursery school, child care center, outdoor child care program, certified or registered family child care home or similar unit operating under any name, but not including any:

(a) Preschool recorded program.

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

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

(d) Facility operated by:

(A) A school district as defined in ORS § 332.002;

(B) A political subdivision of this state; or

(C) A governmental agency.

(e) Residential facility licensed under ORS § 443.400 to 443.455.

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

(g) 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.

(h) Facility operated as a school-age recorded program.

(6) ‘Family’ has the meaning given that term by the Early Learning Council by rule.

(7) ‘Occasional’ has the meaning given that term by the Early Learning Council by rule.

(8) ‘Parent cooperative’ means a child care program in which:

(a) Care is provided by parents on a rotating basis;

(b) Membership in the cooperative includes parents;

(c) There are written policies and procedures; and

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

(9) ‘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.

(10) ‘Record’ means the record that is issued under ORS § 329A.255 to a preschool recorded program or a school-age recorded program.

(11) ‘Registration’ means the registration that is issued under ORS § 329A.330 to a family child care home where care is provided in the family living quarters of the provider’s home.

(12) ‘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.

(13) ‘School-age recorded program’ means a program for school-age children:

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

(b) That is not required to be certified under ORS § 329A.280 or registered under ORS § 329A.330; and

(c) 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.

(14)(a) ‘Subsidized care’ means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, legal guardian or custodian, provided to a child during a part of the 24 hours of a day, paid for in whole or in part by public funds that are allocated to subsidy programs administered by the department.

(b) ‘Subsidized care’ does not include care provided:

(A) By the child’s parent, legal guardian or custodian;

(B) By a sibling living in the same home as the child;

(C) By a person on the same subsidized care case of a child in care; or

(D) By a provider of medical services, as determined by the department on a case-by-case basis.

(15) ‘Subsidized care facility’ means any facility that provides subsidized 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 program or facility identified by the Early Learning Council by rule.

(16) ‘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.