Chapter 366 Oregon Laws 2003

AN ACT

SB 534

Relating to child care; amending ORS 657A.250.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 657A.250 is amended to read:

657A.250. As used in ORS 657A.030 and 657A.250 to 657A.450, unless the context requires otherwise:

(1) “Babysitter” means a person who goes into the home of a child to give care during the temporary absence of the parent or legal guardian or custodian.

(2) “Certification” means the certification that is issued by the Child Care Division to a group child care home, child care center or other child care facility pursuant to ORS 657A.280.

(3) “Child” means a child under 13 years of age.

(4) Subject to ORS 657A.440, “child care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, provided to a child during a part of the 24 hours of the day, in a place other than the child’s home, with or without compensation. “Child care” does not include care provided:

(a) In the home of the child;

(b) By the child’s parent, guardian, or person acting in loco parentis;

(c) By a person related to the child by blood or marriage within the fourth degree as determined by civil law;

(d) On an occasional basis by a person not ordinarily engaged in providing child care;

(e) By providers of medical services;

(f) By a babysitter;

(g) By a person who cares for children from only one family other than the person’s own family; [or]

(h) By a person who cares for no more than three children other than the person’s own children; or

(i) By a person who is a member of the child’s extended family, as determined by the division on a case-by-case basis.

(5) “Child care facility” means any facility that provides child care to children, including a day nursery, nursery school group, group child care home, child care center, family child care home or similar unit operating under any name, but not including any:

(a) Facility providing care that is primarily educational, unless provided to a preschool child for more than four hours a day.

(b) Facility providing care that is primarily supervised training in a specific subject, including but not limited to dancing, drama, music or religion.

(c) Facility providing care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group.

(d) Facility operated by a school district as defined in ORS 332.002, political subdivision of this state or a governmental agency.

(e) Residential facility licensed under ORS 443.400 to 443.455.

(f) Babysitters.

(6) “Division” means the Child Care Division of the Employment Department.

(7) “Family” has the meaning given that term in ORS 329.145.

(8) “Occasional” means that care is provided for no more than 70 days in any calendar year.

(9) “Registration” means the registration that is issued by the Child Care Division to a family child care home where care is provided in the family living quarters of the provider’s home pursuant to ORS 657A.330.

(10) “School age” means of an age eligible to be enrolled in the first grade or above and, during the months of summer vacation from school, means of an age eligible to be enrolled in first grade or above in the next school year.

Approved by the Governor June 13, 2003

Filed in the office of Secretary of State June 13, 2003

Effective date January 1, 2004

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