Chapter 329A — Chapter 329A

ORS 329A.010 Implementation of child care laws by department; child care information. (1) For the purpose of implementing the provisions of ORS chapter 329A, the Department of Early Learning and Care shall comply with the rules of the Early Learning Council and may act through any division or office of the department

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ORS 329A.020 Duties of department related to child care; rules. (1) The Department of Early Learning and Care staff shall provide technical assistance, linkage of local agencies, data collection and monitoring related to child care

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ORS 329A.025 Information sharing with state agencies; rules. The Early Learning Council shall adopt rules, policies and standards to promote information sharing between the Department of Early Learning and Care, the Department of Human Services and any other state agency providing support to families and children. [2018 c.115 §14; 2023 c.554 §8]

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ORS 329A.030 Central Background Registry; rules. (1) The Department of Early Learning and Care shall establish a Central Background Registry and may maintain information in the registry through electronic records systems

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ORS 329A.100 “Resource and referral system” defined for ORS 329A.100 to 329A.135. As used in ORS 329A.100 to 329A.135, “resource and referral system” means a statewide network of entities funded by the state to

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ORS 329A.110 Policy. The Legislative Assembly believes that a resource and referral system involving a statewide network of local resource and referral entities coordinated centrally is essential to long-range solutions to meet the child care needs of communities in this state. Services may be both public and private ventures designed to meet the needs of diverse communities. [Formerly 657A.110; 2017 c.187 §3]

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ORS 329A.120 Services by resource and referral entities. (1) The Department of Early Learning and Care shall implement, administer and maintain the resource and referral system

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ORS 329A.130 Resource and referral entities required to match funds; rules. A resource and referral entity must match funds as required by the Early Learning Council by rule. [Formerly 657A.130; 2017 c.187 §5; 2019 c.148 §2]

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ORS 329A.135 Duties of department related to resource and referral system. (1) The Department of Early Learning and Care shall implement federal requirements for the resource and referral system

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ORS 329A.140 [Formerly 657A.140; repealed by 2017 c.187 §1]

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ORS 329A.150 [Formerly 657A.150; repealed by 2017 c.187 §1]

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ORS 329A.160 [Formerly 657A.160; repealed by 2017 c.187 §1]

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ORS 329A.170 [Formerly 657A.170; repealed by 2017 c.187 §1]

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ORS 329A.180 [Formerly 657A.180; repealed by 2017 c.187 §1]

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ORS 329A.190 [Formerly 657A.190; repealed by 2017 c.187 §1]

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

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ORS 329A.252 Provision of care by persons whose record, certification or registration or enrollment in registry is denied, revoked or suspended. (1) As used in this section, “exempt prohibited individual” means

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ORS 329A.255 Preschool recorded program and school-age recorded program; criminal background check required; fee; rules; civil penalty. (1) A person may not operate a preschool recorded program or a school-age recorded program unless the program is recorded with the Department of Early Learning and Care as provided in this section

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ORS 329A.257 [Formerly 657A.257; 2019 c.187 §10; repealed by 2022 c.90 §10]

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ORS 329A.260 Minimum standards for child care facilities; rules. (1) After consultation with appropriate agencies and interested persons, the Early Learning Council by rule shall establish minimum standards for child care facilities and the operation thereof and for the administration of ORS 329A.030 and 329A.250 to 329A.450

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ORS 329A.261 Development of quality recognition and improvement system. (1) In addition to the minimum standards established for child care facilities and the operation of child care facilities under ORS 329A.260 and subject to available funds, the Department of Early Learning and Care, in coordination with the committee designated by the Early Learning Council under ORS 326.425 (3)(a), shall initiate development of a quality recognition and improvement system for child care facilities

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ORS 329A.263 Emergency plan for facilities; training; rules. (1) As used in this section

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ORS 329A.270 Renewal procedure for certification or registration. (1) A certification or registration authorized by ORS 329A.250 to 329A.450 and issued to a child care facility may be renewed upon submission of an application and payment of the required fee not later than 30 days prior to the expiration date of the current certification or registration if the Department of Early Learning and Care finds that the child care facility that is seeking renewal of the certification or registration is in compliance with 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

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ORS 329A.273 Child Care Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Child Care Fund

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ORS 329A.275 Rules; fees and charges. (1) The Early Learning Council shall adopt rules establishing fees for certification, registration and recording under ORS 329A.250 to 329A.450

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ORS 329A.280 When certification required; waiver; rules. (1) A person may not operate a child care facility, except a facility subject to the registration requirements of ORS 329A.330, without a certification for the facility from the Department of Early Learning and Care

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ORS 329A.290 Qualifications of applicant for certification. A person applying for a certification for a child care facility shall demonstrate to the satisfaction of the Department of Early Learning and Care that

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ORS 329A.300 Issuance of certification; temporary certification; conditions on certification; department’s duties under federal programs. (1) Upon receipt of an application for a certification, accompanied by the required fee, the Department of Early Learning and Care shall issue a certification if the department finds that the child care facility and its operations are in compliance with 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

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ORS 329A.310 Application; fees; use; certification applies only to premises and applicant; expiration date. (1) Application for a certification or for the annual renewal thereof shall be made to the Department of Early Learning and Care on forms provided by the department and accompanied by a nonrefundable fee. The fee shall vary according to the type of facility and the number of children for which the facility is requesting to be certified, and shall be determined and applied through rules adopted by the Early Learning Council pursuant to ORS 329A.275

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ORS 329A.330 Registration requirements; fee; waiver; renewal; conditions on registration; rules; work sheet. (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

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ORS 329A.340 Certain child care providers required to attend orientation; content of orientation; effect of ceasing to provide services; cost. (1) A child care provider not subject to certification or registration who receives funds from the Department of Early Learning and Care for subsidized care shall attend an orientation provided by the department or a resource and referral entity under ORS 329A.100 to 329A.135 within 90 days of being approved by the department to receive funds for child care services from the department

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ORS 329A.342 Jurisdiction. The Department of Early Learning and Care is not deprived of jurisdiction to proceed with an investigation of or an action or disciplinary proceeding against an individual or a child care facility by the

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ORS 329A.344 Cease and desist order. (1) If the Department of Early Learning and Care has reason to believe that an individual or a child care facility has engaged, is engaging or is about to engage in a violation of ORS 181A.200 or 329A.030 and 329A.250 to 329A.450 or the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215 or 329A.030 and 329A.250 to 329A.450, the department may, subject to ORS chapter 183, issue an order directing the individual or facility to cease and desist from the violation or threatened violation

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ORS 329A.346 Progressive enforcement system; rules. (1) The Department of Early Learning and Care may develop a progressive enforcement system for the rules promulgated pursuant to ORS 329A.030 and 329A.250 to 329A.450

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ORS 329A.348 Interference with disclosure of information. (1) A child care facility may not interfere with the good faith disclosure of information by a parent, legal guardian or a current or former employee or volunteer concerning the abuse or mistreatment of a child in the child care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a child in the child care facility to

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ORS 329A.350 Denial, revocation or suspension of certification or registration. An initial application from a child care facility for certification or registration or a renewal application from a child care facility for certification or registration may be denied, or a temporary or regular certification or regular registration may be revoked or suspended, if the Department of Early Learning and Care finds

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ORS 329A.360 Notice; hearing; decision; judicial review. (1) Upon deciding to deny, revoke, suspend, impose a condition on or not renew a certification or registration, the Department of Early Learning and Care shall give notice and opportunity for hearing as provided in ORS chapter 183

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ORS 329A.370 Injunction. (1) Without the necessity of prior administrative proceedings or hearing and entry of an order or at any time during such proceedings if they have been commenced, the Department of Early Learning and Care, the Attorney General or the prosecuting attorney of any county may institute proceedings to enjoin the operation of any child care facility operating in violation of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 or the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030, 329A.250 to 329A.450 and 329A.500

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ORS 329A.390 Inspection; right to enter premises and to inspect records; investigation; rules. (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

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ORS 329A.400 Duties of Oregon Health Authority; inspection. (1) An authorized representative of the Oregon Health Authority may inspect the premises of a child care facility certified under ORS 329A.280 to determine whether the facility is in conformity with applicable laws and regulations relating to health and sanitation

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ORS 329A.410 When search warrant required; procedure. (1) In the event that any authorized representative of the Department of Early Learning and Care, Oregon Health Authority or other agency is denied access to any premises for the purpose of making an inspection in the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.450, the representative shall not inspect the premises without a search warrant

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ORS 329A.420 Cooperative agreements to inspect premises. The Department of Early Learning and Care may enter into cooperative arrangements with the Oregon Health Authority, the State Fire Marshal and other public agencies for the provision of services in the inspection of child care facilities in the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.450. The arrangements shall designate which services shall be reimbursed and the rate and manner of reimbursement. [Formerly 657A.420; 2023 c.554 §33]

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ORS 329A.430 Rights of family child care providers to join labor organizations; state as employer for collective bargaining purposes. (1) As used in this section

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ORS 329A.440 [Formerly 657A.440; 2021 c.369 §1; 2025 c.38 §44; 2025 c.157 §2; renumbered 197.671 in 2025]

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ORS 329A.450 Assistance to staff of facility. The Department of Early Learning and Care may consult with, advise or train the staffs of child care facilities or other interested persons concerning child care programs. [Formerly 657A.450; 2023 c.554 §34]

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ORS 329A.460 Separate sleeping quarters not required for certain persons providing child care or babysitting services; exemption from age group segregation requirements. Notwithstanding any other provision of law, children of any person providing babysitting or child care services within the person’s own home shall not be required to sleep in any area other than their normal sleeping quarters. Such children related by blood within the first degree of consanguinity shall not be segregated by age grouping while in the care of a person providing babysitting or child care services if the parents request exemption from the operation of any statute or rule requiring such segregation or separation by age. [Formerly 657A.460]

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ORS 329A.490 [Formerly 657A.490; repealed by 2021 c.631 §63]

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ORS 329A.493 [Formerly 657A.493; repealed by 2021 c.631 §63]

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ORS 329A.500 Employment Related Day Care subsidy program and other subsidy programs; rules. (1) As used in this section, “family” means any individual who is responsible for the care, control and supervision of a child

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ORS 329A.505 Inspection; right to enter premises and to inspect records; investigation; rules. (1) At any reasonable time, an authorized representative of the Department of Early Learning and Care may conduct an inspection or investigation of a subsidized care facility, as defined in ORS 329A.250

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