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Licensing Requirements

License Exempt Child Care

License Exempt Child Care Overview

Some types of child care are not required to be licensed with the Early Learning Division Office of Child Care. If any of the following exemptions apply to you, the type of care you provide may not be required to be licensed but you may be required to record as a program. If you are operating a preschool or school-age program that meets recording requirements, you will need to submit a recorded program application. See Recorded Programs for more information.

  • I am providing care in the home of the child and all children present, not including my own children, reside in the home.
  • I am related to all the children I care for.
  • All the children I care for – not including my own children – are from the same family.
  • The number of days that I care for children is not more than 70 days in a year.
  • I am caring for three or fewer children, not including my own children, at any one time.
  • I am operating a program that is for school-age children, is focused on a single enrichment activity and operates for no more than eight hours a week.
  • I am operating a program that is mostly a group athletic or social activity and is sponsored by an organized club or hobby group.
  • I am operating a parent cooperative child care program. Parents of the children in care must provide care on a rotating basis and the program cannot operate for more than four hours per day.
  • The program is operated by a school district, political subdivision of the state or a governmental agency.
  • I am operating a program in a facility that provides care to children while the parents remain on the premises and are engaged in an activity offered by the facility or in other non-work activity.
  • I am operating a preschool recorded program or a school-age recorded program.

Disclaimer: This is an informational tool only and may not be relied upon for a determination of exempt status.  Please contact OCC staff should you have any additional questions.

Recorded Programs Overview

Oregon statutes (ORS 329A.255 and ORS 329A.257) require certain programs serving children to be recorded with the Early Learning Division Office of Child Care. The purpose of the statutes are to ensure adults having contact with children complete criminal background checks and to keep parents informed about the types of child care program they are using. 

Types of Recorded Programs

There are two types of recorded programs. Preschool Recorded Programs serve children 36 months to 5 years of age, are primarily educational and no child is in the facility more than four hours per day. And School-age Recorded Programs serve child from first grade to 13 years of age, provide youth development activities that are extracurricular in nature and do not take the place of parental care.

Ask yourself the following questions to determine whether your program needs to be recorded.  If your program is required to be recorded, you must complete criminal background checks on all staff and volunteers 18 years of age and older and submit an application for a recorded program with the Office of Child Care.

Preschool Recorded Program

If you answer “yes” to all 3 questions, your program must be recorded with the Office of Child Care.

  1. Is my program for children between the ages of 36 months and not yet eligible to be enrolled in first grade at public school?
  2. Is my program designed to be primarily educational?
  3. Is my program designed so that no child is in the facility for more than four hours per day?

School-Age Recorded Program

If you answer “yes” to all 4 questions, your program must be recorded with the Office of Child Care.

  1. Is my program for children eligible for first grade and up to age 13 years? For purposes of these rules, a child attending kindergarten may be considered a school age child.
  2. Does my program provide youth development activities that help a child increase skills and gain proficiency?
  3. Is my program designed so that it only takes place when regular school is not in session?
  4. Is my program designed so that children can come and go as they please?*

If your program is required to be recorded, you must complete criminal background checks on all staff and volunteers 18 years of age and older and submit an application for a recorded program with the Office of Child Care.

Questions?

If you have more questions about Preschool or School-age Recorded Programs check out the FAQ or contact the Office of Child Care at 1-800-556-6616 or email OCC.RecordedPrograms@state.or.us.

*The school age recorded program must meet several requirements. One of which is that the parents retain responsibility for their child. This is one of several criteria for determining responsibility as to whether the children may come and go as they please from the program.

Regulated Subsidy Provider Overview

A Regulated Subsidy Provider is a non-relative who cares for children whose families are eligible for child care assistance through the Department of Human Services (DHS), but who is not required to be licensed. A Regulated Subsidy Provider (sometimes referred to as a license exempt child care provider) is required to be listed with DHS and to follow new federal regulations for training and allow a visit by the Office of Child Care. Learn more about the requirements for Regulated Subsidy Providers through the DHS website.

Early Learning Division Office of Child Care is working closely with DHS to provide up to date information about the changes and to ensure a smooth transition for providers.

Click the button below for more information or call Direct Pay Unit at 1-800-699-9074.

License Exempt Child Care Forms & Resources