ORS 329A.252
Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended


(1)

As used in this section, “exempt prohibited individual” means:

(a)

An individual whose certification or registration is suspended, has been denied for cause or has been revoked for cause under ORS 329A.350 (Denial, revocation or suspension of certification or registration).

(b)

An individual whose enrollment in the Central Background Registry established by ORS 329A.030 (Central Background Registry) is suspended, has been denied for cause or has been removed for cause under ORS 329A.030 (Central Background Registry).

(c)

An individual whose certification, registration or enrollment in the Central Background Registry is subject to an emergency order of suspension under ORS 183.430 (Hearing on refusal to renew license) (2).

(d)

An individual who voluntarily surrendered the individual’s certification, registration or enrollment in the Central Background Registry while under investigation by the Office of Child Care or at any time after the Office of Child Care has given notice of an administrative proceeding against the individual or the individual’s child care facility.

(e)

An individual to whom the Office of Child Care has issued a final order to cease and desist:

(A)

After a contested proceeding; or

(B)

That has become effective because the individual did not request a hearing.

(2)

For five years following the date on which an individual becomes an exempt prohibited individual, the exempt prohibited individual:

(a)

Is ineligible for enrollment in the Central Background Registry; and

(b)

May not provide care to a child who is not related to the exempt prohibited individual by blood or marriage within the fourth degree as determined by civil law.

(3)

After the five-year period described in subsection (2) of this section, an individual ceases to be an exempt prohibited individual if the individual enrolls in the Central Background Registry.

(4)

Notwithstanding the five-year period described in subsection (2) of this section, an individual shall be permanently considered an exempt prohibited individual and shall be permanently subject to the prohibitions described in subsection (2) of this section if the individual:

(a)

Has been convicted of, in any state, a crime in which a child suffered serious physical injury, as defined in ORS 161.015 (General definitions), or death; or

(b)

Is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) or the laws of another jurisdiction. [Formerly 657A.252; 2018 c.115 §3; 2019 c.679 §§1,1a; 2021 c.343 §2]

Source: Section 329A.252 — Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended, https://www.­oregonlegislature.­gov/bills_laws/ors/ors329A.­html.

329A.010
Office of Child Care
329A.020
Duties of office
329A.025
Information sharing between Office of Child Care and Department of Human Services
329A.030
Central Background Registry
329A.100
“Resource and referral system” defined for ORS 329A.100 to 329A.135
329A.110
Policy
329A.120
Services by resource and referral entities
329A.130
Resource and referral entities required to match funds
329A.135
Duties of Office of Child Care
329A.250
Definitions for ORS 329A.030 and 329A.250 to 329A.450
329A.252
Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended
329A.255
Preschool recorded program
329A.257
School-age recorded program
329A.260
Minimum standards for child care facilities
329A.261
Development of quality recognition and improvement system
329A.263
Emergency plan for facilities
329A.270
Renewal procedure for certification or registration
329A.275
Rules
329A.280
When certification required
329A.290
Qualifications of applicant for certification
329A.300
Issuance of certification
329A.310
Application
329A.330
Registration requirements
329A.340
Certain child care providers required to attend orientation
329A.342
Jurisdiction
329A.344
Cease and desist order
329A.346
Progressive enforcement system
329A.348
Interference with disclosure of information
329A.350
Denial, revocation or suspension of certification or registration
329A.360
Notice
329A.370
Injunction
329A.390
Inspection
329A.400
Duties of Oregon Health Authority
329A.410
When search warrant required
329A.420
Cooperative agreements to inspect premises
329A.430
Rights of family child care providers to join labor organizations
329A.440
Application of land use regulations to family child care homes
329A.450
Assistance to staff of facility
329A.460
Separate sleeping quarters not required for certain persons providing child care or babysitting services
329A.490
Child care provider training program
329A.493
Funds for training program
329A.500
Employment Related Day Care subsidy program
329A.505
Inspection
329A.600
Early Childhood Suspension and Expulsion Prevention Program
329A.625
Prohibition on suspending or expelling child from program
329A.700
Definitions for ORS 329A.700 to 329A.712
329A.703
Program established
329A.706
Program implementation
329A.712
Revenue distribution to child care providers
329A.750
Department of Early Learning and Care responsible for administering federal funds
329A.990
Criminal penalty
329A.992
Suspension
329A.994
Civil penalty for interference with disclosure of information
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