# ORS § 329a.290: 329A.290 Qualifications of applicant for certification

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T30_C329a_S329a.290

## Section

- **Citation:** ORS § 329a.290
- **Heading:** 329A.290 Qualifications of applicant for certification
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 30 / Chapter 329a / Section 329a.290

## Text

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).

## 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.290. Check the current official text before relying on it. Not legal advice.
