Oregon Revised Statutes

Or. Rev. Stat. § 278.322 (2026)

Child care facility liability insurance coverage

✓ current as of May 2026

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278.322 Child care facility liability insurance coverage. (1) The following child care facilities may obtain insurance in the same manner as a local public body may obtain insurance under ORS 30.282:

(a) A child-caring agency as defined in ORS 418.205 if the agency:

(A) Is run by a private, nonprofit agency;

(B) Is licensed, certified or otherwise authorized by the Department of Human Services; and

(C) Provides residential or psychiatric intensive day treatment services for children who have been placed in the care and custody of the state; or

(b) A child care facility as defined in ORS 329A.250.

(2) The insurance obtained under subsection (1) of this section may not cover theft or bodily injury and property damage arising out of operation of a motor vehicle by a child resident of the facility or agency. [Formerly 30.880; 2005 c.798 §1; 2016 c.106 §44]

Note: 278.322 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 278 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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Notes of Decisions

Cited in 1 case, 2007–2007 · leading case: Johnson v. SAIF Corp., 164 P.3d 278 (Or. 2007).

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Johnson v. SAIF Corp., 164 P.3d 278 (Or. 2007). “282(4), and to some private entities, such as nonprofit child care facilities, ORS 278.322, and that fact does not make the state liable for the obligations of those entities.”

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