Oregon Statewide Rule

Oregon Family Child Care Home Licensing And Preemption

Some RestrictionsApplies statewide across Oregon (2026)

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.

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

Source: Oregon Public Law

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?

No. ORS 329A.440 makes a registered or certified family child care home a residential use, preempting local zoning, building, or fire-code rules that would prohibit or single it out.

How many children can I watch without a license?

Generally three or fewer unrelated children. Caring for more requires DELC registration or certification under ORS 329A.250 and OAR Chapter 414 standards.

Sources

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