2011 ORS § 657A.390¹
Inspection
  • right to enter premises and to inspect records
  • investigation

(1) Whenever an authorized representative of the Child Care Division is advised or has reason to believe that child care that is subject to regulation by the division is being provided without a certification, registration or record, the authorized representative may visit and conduct an on-site investigation of the premises of the facility at any reasonable time to determine whether the facility is subject to the requirements of ORS 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 657A.030 (Central Background Registry) and 657A.250 (Definitions for ORS 657A.030 and 657A.250 to 657A.450) to 657A.450 (Assistance to staff of facility).

(2) At any reasonable time, an authorized representative of the Child Care Division may conduct an on-site investigation of the premises of any certified or registered child care facility to determine whether the child care facility is in conformity with ORS 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 657A.030 (Central Background Registry) and 657A.250 (Definitions for ORS 657A.030 and 657A.250 to 657A.450) to 657A.450 (Assistance to staff of facility) and the rules promulgated pursuant to ORS 181.534 (Criminal records check), 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 657A.030 (Central Background Registry) and 657A.250 (Definitions for ORS 657A.030 and 657A.250 to 657A.450) to 657A.450 (Assistance to staff of facility).

(3) An authorized representative of the Child Care Division shall conduct an on-site investigation of the premises of any certified or registered child care facility or of any other child care facility that is subject to regulation by the division if the division receives a serious complaint about the child care facility. The division, by rule, shall adopt a definition for serious complaint.

(4) Any state agency that receives a complaint about a certified or registered child care facility, a preschool recorded program or a school-age recorded program shall notify the Child Care Division about the complaint and any subsequent action taken by the state agency based on that complaint.

(5) The director and operator of a child care facility, a preschool recorded program or a school-age recorded program shall permit an authorized representative of the division to inspect records of the facility or program and shall furnish promptly reports and information required by the division. [Formerly 418.850; 1995 c.278 §17; 1997 c.431 §14; 1997 c.753 §12; 1999 c.743 §§14,14a; 2005 c.730 §35; 2009 c.570 §5; 2009 c.633 §9]