Oregon Statewide Rule
Oregon Family Child Care Home Licensing And Preemption
Key Facts
- Statute
- ORS 329A.250-440
- Registered home
- Up to 10 children
- Certified home
- Up to 16 children
- Zoning preemption
- ORS 329A.440
- Regulator
- Dept. Early Learning Care
Summary
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.
329A.440 Application of land use regulations to family child care homes. (1) As used in this section: (a) "Child care center" means a child care facility, other than a family child care home, that is certified under ORS 329A.280 (3). (b) "Family child care home" means a child care facility in a dwelling that is caring for not more than 16 children and is certified under ORS 329A.280 (2) or is registered under ORS 329A.330. (c) "Land use regulation" and "local government" have the meanings given those terms in ORS 197.015. (2)(a) A family child care home is considered a residential use of property for zoning purposes. A family child care home is a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. (b) A local government may not enact or enforce a land use regulation prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family child care home.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can my city ban a registered family child care in my home?
How many children can I watch without a license?
Sources
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