(1) Whenever an authorized representative of the Department of Early Learning and Care is advised or has reason to believe that child care that is subject to regulation by the department 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, 329A.030 and 329A.250 to 329A.450.

Terms Used In Oregon Statutes 329A.390

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(2) At any reasonable time, an authorized representative of the department may conduct an investigation of any certified or registered child care facility or program recorded under ORS § 329A.255 to determine whether the child care facility or program is in conformity with 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.

(3) An authorized representative of the department shall conduct an investigation of any certified or registered child care facility, of any program recorded under ORS § 329A.255 or of any other child care facility that is subject to regulation by the department if the department receives a serious complaint about the child care facility or program.

(4) Complaints, including but not limited to serious complaints, made by individuals or entities regarding certified or registered child care facilities, subsidized care facilities, preschool recorded programs or school-age recorded programs may be received and investigated by the department. The name, address and other identifying information about the individual or entity that made the complaint may not be disclosed, except within the department.

(5) Any state agency that receives a complaint about a certified or registered child care facility, a subsidized care facility, a preschool recorded program or a school-age recorded program shall notify the department 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 subsidized care facility, a preschool recorded program or a school-age recorded program shall permit an authorized representative of the department to inspect records of the facility or program and shall furnish promptly reports and information required by the department.

(7) In conducting an investigation under this section, the department 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 department may share information regarding investigations or inspections conducted under this section with other public entities when the department determines that sharing the information would support the health or safety of children in child care.

(9) The department shall make a reasonable attempt to identify any child care facility or person or place providing child care about which the department 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) ‘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 department. [Formerly 657A.390; 2015 c.758 § 12; 2017 c.617 § 3; 2019 c.187 § 7; 2019 c.266 § 1; 2022 c.90 § 4; 2023 c.554 § 30; 2023 c.594 § 6]

 

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