(1) A provider operating a family child care home where care is provided in the family living quarters of the provider’s home that is not subject to the certification requirements of ORS § 329A.280 may not operate a child care facility without registering with the Department of Early Learning and Care.

(2) A child care facility holding a registration may care for a maximum of 10 children, excluding the provider’s own children if the children are between 10 and 12 years of age, unless a child has special needs or disabilities and requires a level of care that is above normal for the child’s age. Of the 10 children:

(a) No more than six may be younger than school age; and

(b) No more than two may be 24 months of age or younger.

(3)(a) To obtain a registration, a provider must apply to the department by submitting a completed application work sheet and a nonrefundable fee. The fee shall vary according to the number of children for which the facility is requesting to be registered, and shall be determined and applied through rules adopted by the Early Learning Council under ORS § 329A.275. The fee shall be deposited as provided in ORS § 329A.310 (2). The department may waive any or all of the fee if the department determines that imposition of the fee would impose a hardship on the provider.

(b) Upon receipt of an initial or renewal application satisfactory to the department, the department shall conduct an on-site review of the child care facility under this section. The on-site review shall be conducted within 30 days of the receipt of a satisfactory application.

(4) The department shall issue a registration to a provider operating a family child care home if:

(a) The provider has completed a child care overview class administered by the department;

(b) The provider has completed two hours of training on child abuse and neglect issues;

(c) The provider is currently certified in infant and child first aid and cardiopulmonary resuscitation;

(d) The provider is certified as a food handler under ORS § 624.570; and

(e) The department determines that the application meets the requirements of ORS § 181A.200, 329A.030 and 329A.250 to 329A.450 and the rules promulgated pursuant to ORS § 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.450, and receives a satisfactory records check, including criminal records and protective services records.

(5) Unless the registration is revoked as provided in ORS § 329A.350, the registration is valid for a period of two years from the date of issuance. The department may not renew a registration of a provider operating a family child care home unless the provider:

(a) Is currently certified in infant and child first aid and cardiopulmonary resuscitation;

(b) Has completed a minimum of eight hours of training related to child care during the most recent registration period;

(c) Is certified as a food handler under ORS § 624.570; and

(d) When applicable, has complied with the requirements of ORS § 329A.600 prior to imposing an expulsion.

(6) A registration authorizes operation of the facility only on the premises described in the registration and only by the person named in the registration.

(7) The Early Learning Council shall adopt rules:

(a) Creating the application work sheet required under subsection (3) of this section;

(b) Defining full-time and part-time care;

(c) Establishing capacity and adult to child ratio requirements, which must be established without taking into consideration the provider’s children if the children are between 10 and 12 years of age, unless a child has special needs or disabilities and requires a level of care that is above normal for the child’s age;

(d) Establishing under what circumstances the adult to child ratio requirements may be temporarily waived; and

(e) Establishing health and safety procedures and standards on:

(A) The number and type of toilets and sinks available to children;

(B) Availability of steps or blocks for use by children;

(C) Room temperature;

(D) Lighting of rooms occupied by children;

(E) Glass panels on doors;

(F) Condition of floors;

(G) Availability of emergency telephone numbers; and

(H) Smoking.

(8) The department shall adopt the application work sheet required by subsection (3) of this section. The work sheet must include, but need not be limited to, the following:

(a) The number and ages of the children to be cared for at the facility; and

(b) The health and safety procedures in place and followed at the facility.

(9)(a) If the department determines that it is necessary to protect the health and safety of the children for whom a child care facility is to provide care, the department may impose a condition on the facility’s registration that is reasonably designed to protect the health and safety of children. The department may impose a condition during the application process for an initial registration, during the application process for a renewal of a registration or at any time after the issuance of a registration.

(b) Except as provided in paragraph (c) of this subsection, when the department imposes a condition on a child care facility’s registration, the facility shall be afforded an opportunity for a hearing consistent with the provisions of ORS Chapter 183.

(c)(A) If the department finds a serious danger to the health and safety of the children receiving care at a child care facility, the department shall notify the facility of the specific reasons for the finding and may impose an emergency condition on the facility’s registration without a hearing.

(B) If the facility demands a hearing within 90 days after the department notifies the facility of the emergency condition, a hearing consistent with the provisions of ORS Chapter 183 must be granted to the facility as soon as practicable after the demand and the agency shall issue an order consistent with the provisions of ORS Chapter 183 confirming, altering or revoking the order imposing the emergency condition.

(10) The department, upon good cause shown, may waive one or more of the registration requirements. The department may waive a requirement only if appropriate conditions or safeguards are imposed to protect the welfare of the children and the consumer interests of the parents of the children. The department may not waive the on-site review requirement for applicants applying for an initial registration or renewal of a registration.

(11) The Early Learning Council, by rule, shall develop a list of recommended standards consistent with standards established by professional organizations regarding child care programs for child care facilities. Compliance with the standards is not required for a registration, but the department shall encourage voluntary compliance and shall provide technical assistance to a child care facility attempting to comply with the standards. The child care facility shall distribute the list of recommended minimum standards to the parents of all children cared for at the facility.

(12) In adopting rules relating to registration, the Early Learning Council shall consult with the appropriate legislative committee in developing the rules to be adopted. If the rules are being adopted during a period when the Legislative Assembly is not in session, the Early Learning Council shall consult with the appropriate interim legislative committee. [Formerly 657A.330; 2015 c.758 § 10; 2018 c.115 § 10; 2019 c.187 § 6; 2021 c.518 § 3; 2023 c.554 § 21; 2023 c.594 § 5]

(Orientation)