Oregon Child Care Licensing Rules and Requirements

To operate licensed child care in Oregon, you apply to the Department of Early Learning and Care (DELC) for one of three licenses — Registered Family Child Care Home, Certified Family Child Care Home, or Certified Child Care Center — and the Oregon child care licensing requirements you must meet depend on which one fits your setting. Each type has its own capacity cap, fee, facility standards, staffing ratios, and background check and training rules, and you cannot accept children until the license is issued.

Who Needs a License

You do not need a license to care for a child in that child’s own home, to care for children you are related to by blood or marriage within the fourth degree, to care for children from only one other family besides your own, or to care for no more than three children beyond your own. Occasional care is also outside the rules.1Oregon Public Law. Oregon Revised Statutes ORS 329A.250 – Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500

Cross any of those thresholds and licensing is mandatory. Operating without the right license is a Class A misdemeanor, with each day treated as a separate offense.2Oregon State Legislature. Oregon Revised Statutes Chapter 329A – Child Care

The Three License Types

Registered Family Child Care Home

This is the home-based entry point. You can care for up to 10 children under age 13 at one time, counting your own children, foster children, and any others you are responsible for. No more than six of the 10 may be preschool age or younger, and only two of those six may be under 24 months. No child under six weeks old may be in care, except your own infant.3Oregon Department of Early Learning and Care. Rules for Registered Family Child Care Homes

Certified Family Child Care Home

Still in your home, but with room for up to 16 children. If you want to exceed 12, you need a plan approved by the Office of Child Care showing how you will separate groups and keep infant and toddler groups to no more than eight.4Oregon Public Law. Oregon Administrative Rule OAR 414-350-0120 – Caregiver/Child Ratios and Supervision More children means more required staff.

Certified Child Care Center

Certification as a center applies whenever you serve 13 or more children, or when you serve 12 or fewer in a building that was not built as a single-family home — a commercial space, church, or converted office, for example.5Oregon Public Law. Oregon Administrative Rule OAR 414-300-0000 – Applicability of Rules Centers face the most detailed rules on building design, director qualifications, group size, and staff training.

Application Fees

Application fees are non-refundable and vary by license type:

Renewal is cheaper for centers: the $100 base is dropped, leaving $2 per certified space.9Oregon Department of Early Learning and Care. Rules for Certified Child Care Centers

What to Submit, and When

A new certified child care center must file its completed application at least 45 days before the planned opening date.10Administration for Children and Families. Rules for Certified Child Care Centers Give yourself more than that. Missing documents or inspection scheduling can push the date.

Your package needs to include:

  • Proof of legal occupancy (deed, lease, or similar document).
  • Written emergency plans covering evacuation, relocation, shelter-in-place, lockdown, and medical emergencies.
  • Proof of liability insurance meeting Oregon’s minimum requirements.
  • Written operational policies on child guidance, health, sanitation, and nutrition.
  • The non-refundable application fee for your license type.

Facility Requirements

Indoor and Outdoor Space

Certified centers must provide at least 35 square feet of usable indoor activity space per child. Hallways, storage, kitchens, and bathrooms do not count toward that total.11Oregon Department of Early Learning and Care. Determining Center (CC) Capacity Your licensed capacity is tied directly to the qualifying floor space you can show, so measure carefully before planning enrollment.

Outdoor play areas need 75 square feet per child using the space at one time. Centers that stagger outdoor time can base the calculation on one-third of total capacity instead of full enrollment, as long as local zoning allows.12Oregon Public Law. Oregon Administrative Rule OAR 414-300-0150 – Outdoor Space

Zoning, Fire, and Lead Testing

Before renovating, confirm that your zoning allows child care. You will also need local fire marshal approval and an environmental health inspection. A working fire extinguisher rated at least 2A-10BC is required.13Oregon Public Law. Oregon Administrative Rule OAR 414-205-0110 – Safety

All licensed providers, including home-based ones, must test their drinking water for lead at least every six years. Samples go from every faucet or fixture used for drinking, cooking, or preparing bottles, and results are submitted to the Child Care Licensing Division.14Department of Early Learning and Care. Lead Testing

Staffing Ratios

Ratios in certified centers depend on the age of the youngest child in each group:15Oregon Public Law. Oregon Administrative Rule OAR 414-300-0130 – Staff/Child Ratios and Group Size

  • Infants (6 weeks to 23 months): 1 caregiver per 4 children.
  • Toddlers (24 to 35 months): 1 caregiver per 5 children.
  • Preschool age (3 to 5 years): 1 caregiver per 10 children.

In a mixed-age group, the youngest child sets the ratio. One two-year-old in a room with nine four-year-olds pulls the whole room to the toddler ratio.

Maximum group size limits apply through most of the day but are relaxed during field trips, outdoor play, naps, meals, and planned large-group activities. Ratios still apply even when group size caps do not. The first and last 45 minutes of the day allow a narrow exception: if four or fewer children of any age are present, one caregiver at 1:4 is permitted regardless of the age mix.

Central Background Registry Enrollment

Every adult connected to the operation must be enrolled in Oregon’s Central Background Registry (CBR) before having unsupervised access to children. That includes owners, operators, employees, volunteers, and anyone living in a home where care is provided, along with regular visitors and individuals at Head Start and Oregon Pre-Kindergarten programs.16Department of Early Learning and Care. Central Background Registry

The check is fingerprint-based and reviews both criminal history and child abuse and neglect records. Enrollment must be approved before the person starts working with children.17Oregon Public Law. Oregon Administrative Rule OAR 414-061-0030 – Subject Individuals A founded report of child abuse involving serious injury or death triggers additional scrutiny under ORS 329A.030.18Oregon Public Law. Oregon Revised Statutes ORS 329A.030 – Central Background Registry

Training

Initial Training for New Center Staff

Within 30 days of hire and before any unsupervised contact with children, new staff at a certified center must complete the Introduction to Child Care Health and Safety course and at least two hours of approved training on recognizing and reporting child abuse under Oregon law.19Legal Information Institute. Oregon Administrative Rule 414-305-0370 – Orientation and Initial Training

Within 90 days, they must hold first aid and pediatric CPR certification (online CPR counts only with hands-on instruction) and complete an approved child development training. Staff who handle food, serve meals, or prepare bottles need an Oregon food handler’s certification within 30 days. Centers certified for infants must add safe sleep training within 30 days of hire.

Annual Training

After the initial period, every center director, teacher, and qualified aide completes at least 15 clock hours of formal training each year. Eight of those hours must address child development, and at least one must cover health, safety, and nutrition.20Legal Information Institute. Oregon Administrative Rule 414-305-0380 – Annual Training Staff employed less than a full licensing year have their hours prorated at 1.25 hours per month worked.

Director Qualifications

A certified center’s director must be at least 21 and meet education and experience requirements in both management of adults and child development.21Legal Information Institute. Oregon Administrative Rule 414-305-0320 – Duties and Qualifications of the Director If a candidate is missing one of the two, the Licensing Division can approve a written plan that lets the person serve as director while they fill the gap under supervision.

Inspection and Temporary Certificates

After your application is complete, a licensing specialist schedules a pre-licensing inspection. They measure usable space, check safety equipment, review your emergency plans, and confirm that staff have completed required training and CBR enrollment.

If the facility meets most requirements and nothing outstanding is hazardous to children, the Licensing Division may issue a temporary certificate instead of denying the application. A temporary certificate allows operation for up to 180 days within any 12-month period while you fix the remaining issues.22Oregon Department of Early Learning and Care. Rules for Certified Child Care Centers It can be revoked if the problems persist, and the full application can still be denied.

Renewing Your License

Certified centers must submit renewal applications at least 30 days before the current certificate expires.10Administration for Children and Families. Rules for Certified Child Care Centers File late and the Division may bridge the gap with a temporary certificate, but that burns into your 180-day temporary allowance. Center renewal runs $2 per certified space with no base charge. Registered family home renewal carries the same $30 fee as the initial application.

Penalties for Operating Without a License

Operating a facility that needs certification without one is a Class A misdemeanor, and each day is a separate criminal offense.2Oregon State Legislature. Oregon Revised Statutes Chapter 329A – Child Care The Licensing Division can also impose civil penalties of up to $1,500 per day, again counting each day separately.23Oregon Public Law. Oregon Administrative Rule OAR 414-350-0405 – Civil Penalty These penalties also reach licensed providers who continue operating in violation of their certification.

Federal ADA Obligations

State licensing is not the only framework in play. Nearly all child care providers, including home-based operations, must also comply with Title III of the Americans with Disabilities Act. The one blanket exception is for programs run directly by religious organizations.24ADA.gov. Commonly Asked Questions about Child Care Centers and the Americans with Disabilities Act You cannot refuse to enroll a child solely because of a disability; you make an individualized assessment of whether you can meet the child’s needs without fundamentally altering your program. Higher insurance premiums are not a valid reason to turn a child away. Existing facilities must remove physical barriers where readily achievable, and new construction or alterations must be fully accessible.