# ORS § 329a.030: 329A.030 Central Background Registry

> Oregon · Statutes · Repealed

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.030

## Section

- **Citation:** ORS § 329a.030
- **Heading:** 329A.030 Central Background Registry
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** Repealed
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 30 / Chapter 329a / Section 329a.030

## Text

(1) The Department of Early Learning and Care shall establish a Central Background Registry and may maintain information in the registry through electronic records systems.

(2) Intentionally left blank —Ed.

(a) A subject individual described in subsection (11)(a), (c) or (d) of this section shall apply to and must be enrolled in the Central Background Registry prior to the provision of care.

(b) An individual who has been the subject of a founded or substantiated report of child abuse shall apply to and must be enrolled in the Central Background Registry prior to providing any of the types of care identified in ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) (4)(b)(A), (E) or (F) if:

(A) The child abuse occurred on or after January 1, 2017, and involved a child who died or suffered serious physical injury, as defined in ORS 161.015 (General definitions) ; or

(B) The child abuse occurred on or after September 1, 2019, and involved any child for whom the individual was providing child care, as defined in ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) (4), or care identified in ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) (4)(b)(A), (C), (E), (F) or (G).

(c) Notwithstanding paragraph (a) of this subsection, an individual described in paragraph (b)(B) of this subsection is not required to enroll in the Central Background Registry if more than seven years has elapsed since the date of the child abuse determination.

(3) Intentionally left blank —Ed.

(a) Upon receiving an application for enrollment in the Central Background Registry, the department shall complete:

(A) A criminal records check under ORS 181A.195 (Criminal records check) ;

(B) A criminal records check of other registries or databases in accordance with rules adopted by the Early Learning Council;

(C) A child abuse and neglect records check in accordance with rules adopted by the council; and

(D) A foster care certification check and an adult protective services check in accordance with rules adopted by the council.

(b) In addition to the information that the department is required to check under paragraph (a) of this subsection, the department may consider any other information obtained by the department that the department, based on rules adopted by the Early Learning Council, determines is relevant to enrollment in the Central Background Registry.

(4) The department shall enroll the individual in the Central Background Registry if the individual:

(a) Is determined to have no criminal, child abuse and neglect, negative adult protective services or negative foster home certification history, or to have dealt with the issues and provided adequate evidence of suitability for the registry;

(b) Has paid the applicable fee established pursuant to ORS 329A.275 (Rules) ; and

(c) Has complied with the rules of the Early Learning Council adopted pursuant to this section.

(5) Intentionally left blank —Ed.

(a) Notwithstanding subsections (3) and (4) of this section, the department may not enroll an individual in the Central Background Registry if:

(A) The individual has a disqualifying condition as defined in rules adopted by the council; or

(B) The individual is an exempt prohibited individual, as provided by ORS 329A.252 (Provision of care by persons whose record, certification or registration or enrollment in registry is denied, revoked or suspended) , unless the individual qualifies for limited enrollment pursuant to rules adopted by the Early Learning Council.

(b) If an individual prohibited from enrolling in the registry as provided by this subsection is enrolled in the registry, the department shall remove the individual from the registry.

(6) Intentionally left blank —Ed.
ration or enrollment in registry is denied, revoked or suspended) , unless the individual qualifies for limited enrollment pursuant to rules adopted by the Early Learning Council.

(b) If an individual prohibited from enrolling in the registry as provided by this subsection is enrolled in the registry, the department shall remove the individual from the registry.

(6) Intentionally left blank —Ed.

(a) The department may conditionally enroll an individual in the Central Background Registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has successfully completed the criminal records check and the child abuse and neglect records check in this state and in the state of the individual’s residence, if other than Oregon.

(b) The department may enroll an individual in the registry subject to limitations identified in rules adopted by the council.

(7) The department may grant limited enrollment in the Central Background Registry to a subject individual who is a relative caretaker of a child for whom care is provided in a subsidized care facility, regardless of whether the individual was previously denied enrollment in the Central Background Registry, if the individual otherwise meets the criteria established in rule by the Early Learning Council.

(8) An enrollment in the Central Background Registry may be renewed upon application to the department, payment of the fee established pursuant to ORS 329A.275 (Rules) and compliance with rules adopted by the Early Learning Council pursuant to this section. However, an individual who is determined to be ineligible for enrollment in the registry after the date of initial enrollment shall be removed or suspended from the registry by the department.

(9) Intentionally left blank —Ed.

(a) A child care facility, preschool recorded program or school-age recorded program may not hire or employ an individual if the individual is not enrolled in the Central Background Registry.

(b) Notwithstanding paragraph (a) of this subsection, a child care facility, preschool recorded program or school-age recorded program may employ on a probationary basis an individual who is conditionally enrolled in the Central Background Registry.

(10) The Early Learning Council may adopt any rules necessary to carry out the purposes of this section, including but not limited to rules regarding expiration and renewal periods and limitations related to the subject individual’s enrollment in the Central Background Registry.

(11) As used in this section, “subject individual” means:

(a) A subject individual as defined by the Early Learning Council by rule;

(b) An individual subject to subsection (2)(b) of this section;

(c) A person who applies to be:

(A) The operator or an employee of a child care or treatment program;

(B) The operator or an employee of a provider under the Oregon Prenatal to Kindergarten Program under ORS 329.172 (Preschool Promise Program) to 329.200 (Report on Oregon Prenatal to Kindergarten Program) ;

(C) The operator or an employee of a federal Head Start program regulated by the United States Department of Health and Human Services;

(D) An individual in a child care facility, preschool recorded program or school-age recorded program who may have unsupervised contact with children, as determined by the council by rule;

(E) A contractor or an employee of the contractor who:
garten Program) ;

(C) The operator or an employee of a federal Head Start program regulated by the United States Department of Health and Human Services;

(D) An individual in a child care facility, preschool recorded program or school-age recorded program who may have unsupervised contact with children, as determined by the council by rule;

(E) A contractor or an employee of the contractor who:

(i) Provides early childhood special education or early intervention services pursuant to ORS 343.455 (Providers under Oregon Prenatal to Kindergarten Program to provide early childhood special education) to 343.534 (Allocation of state funds to approved providers) ; and

(ii) Is not subject to the criminal records check requirements of ORS 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors) or 342.223 (Criminal records check) ;

(F) A child care provider who is required to be enrolled in the Central Background Registry by any state agency;

(G) A contractor, employee or volunteer of a metropolitan service district organized under ORS chapter 268 who may have unsupervised contact with children and who is required to be enrolled in the Central Background Registry by the metropolitan service district;

(H) A provider of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) , for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian) who is providing respite services as a volunteer with a private agency or organization that facilitates the provision of such respite services;

(I) The operator or an employee of an early learning program as defined in rules adopted by the council; or

(J) The operator or an employee of a preschool recorded program or a school-age recorded program; or

(d) Intentionally left blank —Ed.

(A) An individual who operates a subsidized care facility;

(B) An individual who has attained 18 years of age and resides in a subsidized care facility; or

(C) An individual in a subsidized care facility who has attained 18 years of age and who may have unsupervised contact with children, as determined by the council by rule.

(12) Intentionally left blank —Ed.

(a) Information provided to a metropolitan service district organized under ORS chapter 268 about the enrollment status of the persons described in subsection (11)(c)(G) of this section shall be subject to a reciprocal agreement with the metropolitan service district. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273 (Child Care Fund) .

(b) Information provided to a private agency or organization facilitating the provision of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) , for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian) about the enrollment status of the persons described in subsection (11)(c)(H) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273 (Child Care Fund) .
(11)(c)(H) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273 (Child Care Fund) .

(c) Information provided to a private agency or organization about the enrollment status of the persons described in subsection (11)(c)(I) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273 (Child Care Fund) . [Formerly 657A.030; 2017 c.616 §1; 2018 c.115 §1; 2019 c.187 §1; 2019 c.679 §2; 2021 c.343 §1; 2021 c.369 §8; 2022 c.27 §26; 2022 c.90 §1; 2023 c.547 §§18,19; 2023 c.554 §§9,10; 2023 c.592 §§36,37]

Note: Section 28, chapter 27, Oregon Laws 2022, provides:

Sec. 28. (1)(a) The amendments to ORS 329A.030 (Central Background Registry) , 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) , 329A.500 (Employment Related Day Care subsidy program and other subsidy programs) and 329A.992 (Suspension) by sections 22 to 27, chapter 27, Oregon Laws 2022, apply to subsidized care facilities providing subsidized care under ORS 329A.500 (Employment Related Day Care subsidy program and other subsidy programs) on or after July 1, 2023.

(b) On or after July 1, 2023, a subject individual described in ORS 329A.030 (Central Background Registry) (11)(d) must enroll in the Central Background Registry under ORS 329A.030 (Central Background Registry) for the purpose of the Employment Related Day Care subsidy program.

(2) Notwithstanding subsection (1) of this section and ORS 329A.030 (Central Background Registry) (2)(a), as amended by section 26, chapter 27, Oregon Laws 2022:

(a) A subject individual described in ORS 329A.030 (Central Background Registry) (11)(d) who was approved before July 1, 2023, as a provider of care by the Department of Human Services for the purposes of the Employment Related Day Care subsidy program is not required to enroll in the Central Background Registry until the earlier of the expiration of a child care background check or June 30, 2025.

(b) Until July 1, 2023, a subject individual described in ORS 329A.030 (Central Background Registry) (11)(d) who is seeking initial approval or renewed approval as a provider of care for purposes of the Employment Related Day Care subsidy program may choose to enroll in the Central Background Registry under ORS 329A.030 (Central Background Registry) or may seek a child background check through the Department of Human Services.

(3) For the purpose of transferring the Employment Related Day Care subsidy program from the Department of Human Services to the Department of Early Learning and Care, as provided by section 79, chapter 631, Oregon Laws 2021, the Department of Human Services and the Early Learning Council shall adopt rules that provide:

(a) Until July 1, 2023, the Department of Human Services shall accept an individual’s enrollment in the Central Background Registry as satisfying any requirement for background checks for the Employment Related Day Care subsidy program.

(b) Until July 1, 2023, the Office of Child Care shall accept the Department of Human Services’ background check of an individual for the purposes of the Employment Related Day Care subsidy program as satisfying the requirements of the Central Background Registry.
e Central Background Registry as satisfying any requirement for background checks for the Employment Related Day Care subsidy program.

(b) Until July 1, 2023, the Office of Child Care shall accept the Department of Human Services’ background check of an individual for the purposes of the Employment Related Day Care subsidy program as satisfying the requirements of the Central Background Registry.

(c) From July 1, 2023, until July 1, 2025, the Department of Early Learning and Care shall accept the Department of Human Services’ background check of an individual for the purposes of the Employment Related Day Care subsidy program as satisfying the requirements of the Central Background Registry.

(4) No later than July 1, 2023, the Department of Human Services shall transfer copies of all files necessary for the Office of Child Care to provide background checks for individuals described in ORS 329A.030 (Central Background Registry) (11)(d). [2022 c.27 §28; 2023 c.554 §60]

Note: Sections 11 and 13, chapter 90, Oregon Laws 2022, provide:

Sec. 11. (1) As used in this section and section 12 of this 2022 Act, “recorded program” means a preschool recorded program or a school-age recorded program, as those terms are defined in ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) .

(2) Notwithstanding ORS 329A.030 (Central Background Registry) and subject to subsection (4) of this section, a recorded program may continue to employ an individual who is not enrolled in the Central Background Registry on January 1, 2023, if:

(a) The individual was employed by the recorded program on and before January 1, 2023; and

(b) The recorded program completed a criminal background check for the individual before January 1, 2023.

(3) Notwithstanding ORS 329A.030 (Central Background Registry) and subject to subsection (4) of this section, a recorded program may continue to allow an individual who may have unsupervised contact with children to volunteer in the recorded program even though the individual is not enrolled in the Central Background Registry on January 1, 2023, if:

(a) The individual was volunteering in the recorded program on and before January 1, 2023; and

(b) The recorded program completed a criminal background check for the individual before January 1, 2023.

(4) A recorded program may not continue to employ or allow an individual to volunteer in the recorded program as provided in subsection (2) or (3) of this section if:

(a) The individual fails to submit a complete application for enrollment in the Central Background Registry on or before June 30, 2023; or

(b) The Department of Early Learning and Care issues a notice of intent to deny the individual’s application for enrollment in the Central Background Registry. [2022 c.90 §11]

Sec. 13. Sections 11 and 12 of this 2022 Act are repealed on January 2, 2025. [2022 c.90 §13]

Source: Section 329A.030 — Central Background Registry; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors329A.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 329a.010 329A.010 Implementation of child care laws by department](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.010.md)
- [ORS § 329a.020 329A.020 Duties of department related to child care](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.020.md)
- [ORS § 329a.025 329A.025 Information sharing with state agencies](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.025.md)
- [ORS § 329a.030 329A.030 Central Background Registry](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.030.md)
- [ORS § 329a.100 329A.100 “Resource and referral system” defined for ORS 329A.100 to 329A.135](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.100.md)
- [ORS § 329a.110 329A.110 Policy](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.110.md)
- [ORS § 329a.120 329A.120 Services by resource and referral entities](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.120.md)
- [ORS § 329a.130 329A.130 Resource and referral entities required to match funds](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.130.md)
- [ORS § 329a.135 329A.135 Duties of department related to resource and referral system](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.135.md)
- [ORS § 329a.250 329A.250 Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.250.md)
- [ORS § 329a.252 329A.252 Provision of care by persons whose record, certification or registration or enrollment in registry is denied, revoked or suspended](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.252.md)
- [ORS § 329a.255 329A.255 Preschool recorded program and school-age recorded program](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.255.md)
- [ORS § 329a.260 329A.260 Minimum standards for child care facilities](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.260.md)
- [ORS § 329a.261 329A.261 Development of quality recognition and improvement system](https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.261.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.030. Check the current official text before relying on it. Not legal advice.