ORS 657A.280¹
When certification required
  • rules

(1) A person may not operate a child care facility, except a facility subject to the registration requirements of ORS 657A.330 (Registration requirements), without a certification for the facility from the Child Care Division.

(2) The Child Care Division shall adopt rules for the certification of a family child care home caring for not more than 16 children. The rules shall be specifically adopted for the regulation of certified child care facilities operated in a facility constructed as a single-family dwelling. Notwithstanding fire and other safety regulations, the rules that the Child Care Division adopts for certified child care facilities shall set standards that can be met without significant architectural modification of a typical home. In adopting the rules, the Child Care Division may consider and set limits according to factors including the age of children in care, the ambulatory ability of children in care, the number of the provider’s children present, the length of time a particular child is continuously cared for and the total amount of time a particular child is cared for within a given unit of time.

(3) In addition to rules adopted for and applied to a certified family child care home providing child care for not more than 16 children, the Child Care Division shall adopt and apply separate rules appropriate for any child care facility that is a child care center.

(4) Any person seeking to operate a child care facility may apply for a certification for the facility from the Child Care Division and receive a certification upon meeting certification requirements. [Formerly 418.810; 1995 c.278 §11; 1999 c.743 §4; 2001 c.104 §253; 2003 c.293 §10; 2005 c.408 §1]

Notes of Decisions

Under Former Similar Statute

Certifica­tion func­tion does not create special rela­tionship between CSD and users of uncertified facilities resulting in CSD special duty of care. Blachly v. Portland Police Dept., 135 Or App 109, 898 P2d 784 (1995)

1 Legislative Counsel Committee, CHAPTER 657A—Child Care, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors657A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 657A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­657aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information