329A.290 Qualifications of applicant for certification

A person applying for a certification for a child care facility shall demonstrate to the satisfaction of the Department of Early Learning and Care that:

(1) The moral character and habits of the person will not endanger the well-being of children for whom the person is to provide care.

(2) The attitude of the person toward children and understanding of their needs qualify the person to care for children.

(3) The person is physically and mentally capable of caring for children.

(4) The facility and its operation are adequate to protect the health, the safety and the physical, moral and mental well-being of the children to be cared for in the facility, including but not limited to:

(a) Adequate staffing by suitable persons qualified by education or experience to meet their respective responsibilities in the care of children.

(b) Adequate physical facilities for the care of children, such as building construction, sanitation, plumbing, heating, lighting, ventilation, maintenance, indoor and outdoor activity areas and fire protection.

(c) A program of activities conforming to recognized practices in the areas of child welfare, education and physical and mental health to provide opportunity for development and recreation.

(d) Exclusion from the facility of individuals whose presence may be detrimental to the welfare of children, including exclusion of any individual with a criminal record indicating conviction of any crime which would bar the individual from operating or being employed in a child care facility under ORS 329A.260 (Minimum standards for child care facilities) . [Formerly 657A.290; 2023 c.554 §18]

Note: The amendments to 329A.290 (Qualifications of applicant for certification) by section 4, chapter 508, Oregon Laws 2023, become operative July 1, 2025. See section 5, chapter 508, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

329A.290 (Qualifications of applicant for certification) . A person applying for a certification for a child care facility shall demonstrate to the satisfaction of the Department of Early Learning and Care that:

(1) The moral character and habits of the person will not endanger the well-being of children for whom the person is to provide care.

(2) The attitude of the person toward children and understanding of their needs qualify the person to care for children.

(3) The person is physically and mentally capable of caring for children.

(4) The facility and its operation are adequate to protect the health, the safety and the physical, moral and mental well-being of the children to be cared for in the facility, including but not limited to:

(a) Adequate staffing by suitable persons qualified by education or experience to meet their respective responsibilities in the care of children.

(b) Adequate physical facilities for the care of children, such as:

(A) For family child care homes and child care centers, building construction, sanitation, plumbing, heating, lighting, ventilation, maintenance, indoor and outdoor activity areas and fire protection.

(B) For outdoor child care programs, sanitation, maintenance, food preparation and food storage areas.

(c) A program of activities conforming to recognized practices in the areas of child welfare, education and physical and mental health to provide opportunity for development and recreation.

(d) Exclusion from the facility of individuals whose presence may be detrimental to the welfare of children, including exclusion of any individual with a criminal record indicating conviction of any crime which would bar the individual from operating or being employed in a child care facility under ORS 329A.260 (Minimum standards for child care facilities) .

Source: Section 329A.290 — Qualifications of applicant for certification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors329A.­html (accessed May 26, 2025).