2017 ORS 329A.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 329A.330 (Registration requirements), without a certification for the facility from the Office of Child Care.

(2) The Early Learning Council 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 council 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 council 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 council 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 Office of Child Care and receive a certification upon meeting certification requirements. [Formerly 657A.280]

(formerly 418.810, then 657A.280)

Notes of Decisions

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 329A—Child Care, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors329A.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 329A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano329A.­html (2017) (last ac­cessed Mar. 30, 2018).
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.