Oregon licenses family child care homes through the Department of Early Learning and Care under ORS 329A.250-329A.450. State law preempts local zoning that would prohibit registered or certified family child care in residential dwellings.
ORS 329A.260 authorizes the Department of Early Learning and Care (DELC) to register Family Child Care Homes serving up to 10 children and certify Certified Family Child Care Homes serving up to 16. ORS 329A.440 expressly preempts local ordinances: a registered or certified family child care home is a residential use of property for zoning purposes, and cities and counties cannot prohibit it through zoning, building, or fire codes more restrictive than state rules. Providers must complete background checks under ORS 329A.030, training hours, and home-safety inspections set by OAR Chapter 414.
Operating without DELC registration or certification is a Class A violation; localities that bar a licensed home through zoning may face preemption challenges and damages.
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See how Eugene's home daycare rules stack up against other locations.
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