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2005 California Health and Safety Code Sections 1596.80-1596.879 Article 2. Administration of Child Day Care Licensing ..
HEALTH AND SAFETY CODESECTION 1596.80-1596.879
1596.80. No person, firm, partnership, association, or corporation
shall operate, establish, manage, conduct, or maintain a child day
care facility in this state without a current valid license therefor
as provided in this act.
1596.803. (a) An application fee adjusted by facility and capacity
shall be charged by the department for the issuance of a license to
operate a child day care facility. After initial licensure, a fee
shall be charged by the department annually, on each anniversary of
the effective date of the license. The fees are for the purpose of
financing activities specified in this chapter. Fees shall be
assessed as follows:
Fee Schedule
Original Annual
Facility Type Capacity Application Fee
Family Day Care 1-8 $60 $60
9-14 $115 $115
Day Care Centers 1-30 $400 $200
31-60 $800 $400
61-75 $1,000 $500
76-90 $1,200 $600
91-120 $1,600 $800
121+ $2,000 $1,000
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of twenty-five dollars ($25) for attendance
by any individual at a department-sponsored family child day care
home orientation session, and a fifty dollar ($50) orientation fee
for attendance by any individual at a department-sponsored child day
care center orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when any licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior to
the date specified in the plan.
(2) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a small family day care home
licensed under this act.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees, and to support the activities of the
licensing program, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this act, and other administrative activities in support
of the licensing program, when appropriated for these purposes. The
revenues collected shall be used in addition to any other funds
appropriated in the annual Budget Act in support of the licensing
program.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use, as approved by the Department of Finance, to the Chairperson of
the Joint Legislative Budget Committee, and the chairpersons of the
committee in each house that considers appropriations for each fiscal
year. The department shall submit a budget change proposal to
justify any positions or any other related support costs on an
ongoing basis.
(d) A child day care facility may use a bona fide business or
personal check to pay the license fee required under this section.
(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
1596.805. No person, firm, partnership, association, or corporation
shall provide specialized services within a child day care facility
in this state without first obtaining a special permit as provided in
this act.
1596.806. (a) A room used as a classroom by a schoolage child care
program shall not be required to meet the square footage or toilet
requirements for child day care centers if the program is operated on
either of the following:
(1) A functioning schoolsite in the same facilities that have
housed school children during the day, before or after school hours,
or before and after school hours.
(2) A functioning schoolsite in facilities certified as usable as
a classroom for instruction. A building owned by a school district,
the state, or the schoolage child care program may meet the
certification requirement if either of the following is provided to
the department:
(A) Evidence that the building was approved as a classroom by the
office of the State Architect.
(B) A certification statement signed by the superintendent of the
schools, or his or her designee, in the district where the schoolage
child care program is located, that the classroom building is of
sufficient size to accommodate public instruction. The school
district may make this certification regardless of the ownership of
the classroom.
(b) School grounds, other than rooms used as classrooms, used by a
schoolage child care program operated on a functioning schoolsite
pursuant to either paragraph (1) or (2) of subdivision (a) shall be
exempt from all of the following requirements imposed by the
department on child day care facilities:
(1) Fencing, outdoor activity space, toilet, and isolation space
requirements.
(2) Requirements to have exclusive use of the outdoor activity
space or exclusive use of children's rest rooms also used by students
located on school grounds.
(c) The exemptions pursuant to subdivisions (a) and (b) shall
continue during school vacation and intersession periods.
(d) For purposes of this section, "schoolage child care program"
means a program for children who are four years and nine months or
older and are currently enrolled in a school or are dependent
children living within the same household as a child attending a
school, operated by an entity that contracts with the school to
provide staff and program. "Schoolage child care program" includes,
but is not limited to, a program pursuant to Article 22 (commencing
with Section 8460) or Article 23 (commencing with Section 8485) of
Chapter 2 of Part 6 of the Education Code.
1596.807. The State Department of Social Services, shall allow an
extended day care program, whether or not exempt from licensure
pursuant to subdivision (h) of Section 1596.792, to serve additional
children at that school site, so long as they are four years and nine
months of age or older and the number of additional children,
including dependent children living within the same household as a
child attending that school, does not exceed 15 percent of the total
enrollment in the extended day care program. In no case shall the
enrollment of the extended day care program exceed the enrollment
during the regular schoolday.
1596.809. A prospective applicant for licensure shall be notified
at the time of the initial request for information regarding
application for licensure that, prior to obtaining licensure, the
facility shall secure and maintain a fire clearance approval from the
local fire enforcing agency, as defined in Section 13244, or the
State Fire Marshal, whichever has primary fire protection
jurisdiction. The prospective applicant shall be notified of the
provisions of Section 13235, relating to the fire safety clearance
application. The prospective applicant for licensure shall be
notified that the fire clearance shall be in accordance with state
and local fire safety regulations.
1596.81. (a) The department shall adopt, amend, or repeal in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code any rules and
regulations which may be necessary to carry out this act.
(b) Licensing requirements adopted pursuant to Section 1530 shall
only continue to be applicable to day care centers, and requirements
adopted pursuant to Section 1597.51 shall continue to be applicable
to family day care homes, until the department adopts regulations
pursuant to this chapter.
1596.813. The department shall adopt regulations regarding
immunization requirements for children enrolled in family day care
homes in accordance with Chapter 1 (commencing with Section 120325)
of Part 2 of Division 105.
1596.815. The department shall, on or before December 31, 1991,
review all child care regulations of the department with respect to
clarifying or eliminating vagueness and shall issue revised
regulations if necessary to correct those defects.
1596.816. (a) The Community Care Licensing Division of the
department shall regulate child care licensees through an
organizational unit that is separate from that used to regulate all
other licensing programs. The chief of the child care licensing
branch shall report directly to the Deputy Director of the Community
Care Licensing Division.
(b) All child care regulatory functions of the licensing division,
including the adoption and interpretation of regulations, staff
training, monitoring and enforcement functions, administrative
support functions, and child care advocacy responsibilities shall be
carried out by the child care licensing branch to the extent that
separation of these activities can be accomplished without new costs
to the department.
(c) Those persons conducting inspections of a day care facilities
shall meet qualifications approved by the State Personnel Board.
(d) The department shall notify the appropriate legislative
committees whenever actual staffing levels of licensing program
analysts within the child care licensing branch drops more than 10
percent below authorized positions.
(e) The budget for the child care licensing branch shall be
included as a separate entry within the budget of the department.
1596.817. (a) When the department conducts a site visit of a
licensed child day care facility, the department shall post on, or
immediately adjacent to, the interior side of the main door into the
facility and adjacent to the postings required pursuant to Section
1596.8595, a notice, written in at least 14-point type, that includes
all of the following:
(1) The date of the site visit.
(2) Whether the facility was cited for violating any state
standards or regulations as a result of the site visit and which of
the following categories was cited:
(A) A violation that, if not corrected, will have a direct and
immediate risk to the health, safety, or personal rights of children
in care.
(B) A violation that, if not corrected, could become a risk to the
health, safety, or personal rights of children, a recordkeeping
violation that would impact the care of children, or a violation that
would impact those services required to meet children's needs.
(3) Whether the facility is required to post the site visit report
for 30 consecutive days pursuant to Section 1596.8595.
(4) A statement explaining that copies of the site visit report,
including, but not limited to, violations noted in subparagraph (B)
of paragraph (2), may be obtained by contacting the department and
the telephone number to call in order to obtain a copy of the site
visit report.
(5) The name and telephone number of a person in the department
who may be contacted for further information about the site visit
report.
(b) (1) The notice posted pursuant to subdivision (a) shall remain
posted for 30 consecutive days, except that a family day care home
shall comply with the posting requirements contained in this
subdivision only during the hours when clients are present.
(2) Failure by a licensed child day care facility or a family day
care home to comply with paragraph (1) shall result in an immediate
civil penalty of one hundred dollars ($100).
1596.82. The department may contract for state, county, or other
public agencies to assume specified licensing, approval, or
consultation responsibilities. If an agency also provides licensing,
approval, or consultation responsibilities for the purpose of
administering Chapter 3 (commencing with Section 1500), the agency
shall maintain licensing staff positions distinct from those
positions responsible for administering Chapter 3 (commencing with
Section 1500). The department shall reimburse agencies for services
performed pursuant to this section which shall not exceed actual
cost.
1596.83. An applicant or licensee shall file his or her mailing
address, in writing, with the department and, shall notify the
department, in writing, of any change within 10 calendar days.
1596.84. The department may issue provisional licenses to operate
day care facilities which the director determines are in substantial
compliance with the provisions of the licensure requirements and the
rules and regulations adopted pursuant thereto, provided, that no
life safety risks are involved, as determined by the director. In
determining whether any life safety risks are involved, the director
shall require completion of all applicable fire clearances and
criminal record clearances as otherwise required by the department's
rules and regulations. The provisional license shall expire six
months from the date of issuance, or at such earlier time as the
director may determine. However, the director may extend the term of
a provisional license for an additional six months time, if it is
determined that more than six months will be required to achieve full
compliance with licensing standards due to circumstances beyond the
control of the applicant, provided all other requirements for a
license have been met. In no case shall a provisional license be
issued for more than 12 months.
1596.841. Each child day care facility shall maintain a current
roster of children who are provided care in the facility. The roster
shall include the name, address, and daytime telephone number of the
child's parent or guardian, and the name and telephone number of the
child's physician. This roster shall be available to the licensing
agency upon request.
1596.842. Following approval by the department of a list of
provider rights, the Community Care Licensing Division shall print
and distribute in person, to individuals or to groups, and by other
appropriate methods of distribution, a list of provider rights which
shall include, but not be limited to, the following:
(a) Site visit rights:
(1) The right to require licensing field staff to identify
themselves.
(2) The right to be advised of the type of the visit, whether
complaint, plan of correction, prelicensing, or some other type.
When a site visit is made to investigate a complaint, the site visit
rights described in paragraphs (4) and (9) shall be applicable at the
completion of the investigation.
(3) The right to be treated as a professional and with dignity and
respect.
(4) The right to receive an accurate report of the evaluator's
findings listing each observed deficiency. Each deficiency shall be
separately numbered, so as to clearly indicate the number of
deficiencies, shall be accompanied by a number that corresponds to a
section of law or licensing regulation, and shall include a
description of the evaluator's observation that led to the finding of
a deficiency. The description of the evaluator's observation shall
include a clear explanation of why the existing condition constitutes
a deficiency, unless the description of the observation provides the
explanation.
(5) The right to review licensing laws, regulations, and policy.
(6) The right to an impartial investigation of all complaints.
(7) The right, at the time of the visit, to determine and develop
a plan of correction for deficiencies cited.
(8) The right to use the licensing report (LIC 809) as a means to
agree or disagree with cited deficiencies.
(9) The right to an exit interview upon completion of the visit
and to receive a signed copy of the LIC 809.
(10) The right to be informed on the LIC 809 of the evaluator's
supervisor and his or her telephone number.
(11) The right of access to the public file on any facility and
the right to purchase a copy at a reasonable cost.
(b) Initial appeal rights:
(1) The right, without prejudice, to appeal any decision, any
failure to act according to law or regulation, or any failure to act
within any specified timeline, through the licensing agency up to the
deputy director.
(2) The right to request a meeting with district office
administrators to discuss any licensing issue and with notice to
bring any person to the meeting.
(3) The right to due process and the option of bringing a
representative to any administrative action.
(c) The right to file a formal complaint, and receive a written
response to that complaint within 30 days, for any licensing issue
not covered by subdivision (b), including, but not limited to,
inappropriate behavior of department employees.
(d) The department shall, by June 30, 1992, mail to all licensees
a copy of this section and a full and complete copy of the appeals
procedure developed to implement subdivision (b).
(e) The department shall, on all forms it requires or recommends
that providers use, all notices of regulations or departmental
policy, and all notices to implement this section, clearly label the
department as the source of the material, including the name of the
department, the name of the division responsible for implementing
this chapter, and the address of that division.
1596.843. (a) Whenever a facility visit and a complaint
investigation are conducted at the same time by the department, a
separate licensing report shall be used to document the complaint
investigation.
(b) The department shall review a random sample of licensing
reports to evaluate the consistency of the application of regulations
by different licensing program analysts.
1596.844. The department shall acknowledge in writing within 10
days of receipt, the request of a licensee to review notices of
deficiency or penalty, or both.
1596.845. Prior to the issuance of a new license or special permit
pursuant to this chapter, Chapter 3.5 (commencing with Section
1596.90), or Chapter 3.6 (commencing with Section 1597.30) the
applicant shall attend an orientation given by the department. The
orientation given by the department shall outline all of the
following:
(a) The rules and regulations of the department applicable to
child day care facilities.
(b) The scope of operation of a child day care facility.
(c) The responsibility entailed in operating a child day care
facility.
1596.846. (a) The Legislature finds and declares all of the
following:
(1) The American Academy of Pediatrics, after reviewing the data
from all the studies, concluded that baby walkers are dangerous and
should be banned from all manufacturing, sale, and distribution in
the United States.
(2) A jury in San Mateo County, California has determined that
baby walkers are inherently unsafe and are not capable of design
changes in order to prevent accidents.
(3) Citing numerous ways in which babies can be injured, Consumer
Reports found that, "With a capacity to move as fast as five feet per
second, a baby walker can propel your baby faster than you can
rescue him."
(4) During the past 15 years, one particular product, a baby
walker, has been shown to be associated with increasing numbers of
injuries to infants, with the most recent reporting year, 1991,
indicating that 27,800 children under the age of two years had to be
admitted to an emergency room in the United States for injuries
associated with a baby walker.
(b) A baby walker shall not be kept or used on the premises of a
child day care facility.
(c) A "baby walker" means any article described in paragraph (4)
of subdivision (a) of Section 1500.86 of Part 1500 of Title 16 of the
Code of Federal Regulations.
(d) Section 1596.890 shall not apply to this section.
1596.847. (a) A child day care facility shall not use or have on
the premises, on or after July 1, 1998, a full-size or non-full-size
crib that is unsafe for any infant using the crib, as described in
Article 1 (commencing with Section 24500) of Chapter 4.7 of Division
20. This subdivision shall not apply to any antique or collectible
crib provided it is not used by, or accessible to, any child in the
child day care facility.
(b) The State Department of Social Services shall provide
information and instructional materials regarding sudden infant death
syndrome, explaining the medical effects upon infants and young
children and emphasizing measures which may reduce the risk, free of
charge to any child care facility licensed to provide care to
children under the age of two years. This shall occur upon licensure
and, on a one-time basis only, at the time of a regularly scheduled
site visit.
(c) To the maximum extent practicable, the materials provided to
child care facilities shall substantially reflect the information
contained in materials approved by the State Department of Health
Services for public circulation. The State Department of Health
Services shall make available, to child care facilities, free of
charge, information in camera-ready typesetting format. Nothing in
this section prohibits the State Department of Social Services from
obtaining free and suitable information from any other public or
private agency. The information and instructional materials
provided pursuant to this section shall focus upon the serious nature
of the risk to infants and young children presented by sudden infant
death syndrome.
(e) The requirement that informational and instructional materials
be provided pursuant to this section applies only when those
materials have been supplied to those persons or entities that are
required to provide the materials. The persons or entities required
to provide these materials shall not be subject to any legal cause of
action whatsoever based on the requirements of this section.
(f) For persons or agencies providing these materials pursuant to
this section, this section does not require the provision of
duplicative or redundant informational and instructional materials.
1596.85. No license or special permit issued pursuant to Chapters
3.5 (commencing with Section 15967.90) and 3.6 (commencing with
Section 1597.30) shall have any property value for sale or exchange
purposes and no person, including any owner, agent, or broker, shall
sell or exchange the license or special permit for any commercial
purpose.
1596.851. (a) (1) If an application for a license or special permit
indicates, or the department determines during the application
review process, that the applicant previously was issued a license
under this act or under Chapter 1 (commencing with Section 1200),
Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with
Section 1500), Chapter 3.01 (commencing with Section 1568.01), or
Chapter 3.3 (commencing with Section 1569) and that the prior license
was revoked within the preceding two years, the department shall
cease any further review of the application until two years shall
have elapsed from the date of the revocation.
(2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years have elapsed from the date of the revocation.
(3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
the department shall cease any further review of the application
unless the excluded individual has been reinstated pursuant to
Section 11522 of the Government Code by the department.
(b) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a license under any of
the chapters listed in paragraph (1) of subdivision (a) and the
application was denied within the last year, the department shall
cease further review of the application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing as specified in Section 1596.879
and the applicant did not petition for a hearing, the department
shall cease further review of the application until one year has
elapsed from the date of the notification of the denial and the right
to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which have been corrected or
are no longer in existence. The cessation of review shall not
constitute a denial of the application.
(c) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(d) The cessation of review shall not constitute a denial of the
application for purposes of Section 1526 or any other law.
1596.852. Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place providing personal care, supervision, and
services at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, this act or the
regulations adopted by the department pursuant to the act.
1596.853. (a) Any person may request an inspection of any child day
care facility in accordance with the California Child Day Care
Facilities Act by transmitting to the department notice of an alleged
violation of applicable requirements prescribed by the statutes or
regulations of this state. A complaint may be made either orally or
in writing.
(b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint, except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
(c) Upon receipt of a complaint, the department shall make a
preliminary review and, unless the department determines that the
complaint is willfully intended to harass a licensee or is without
any reasonable basis, the department shall make an onsite inspection
within 10 days after receiving the complaint, except where the visit
would adversely affect the licensing investigation or the
investigation of other agencies, including, but not limited to, law
enforcement agencies. In either event, the complainant shall be
promptly informed of the department's proposed course of action.
If the department determines that the complaint is without a
reasonable basis, then the complaint shall be marked confidential and
shall not be disclosed to the public. The child-care provider shall
be notified in writing within 30 days of the dismissal that the
complaint has been dismissed.
(d) (1) The department shall notify a resource and referral
program funded under Section 8210 of the Education Code, as follows:
(A) Upon the issuance or denial of a license for a child day care
facility within the resource and referral program's jurisdiction.
(B) Within one business day of a finding that physical or sexual
abuse has occurred at a child day care facility within the resource
and referral program's jurisdiction.
(C) Within two business days of the issuance of a temporary
suspension order, or the revocation or placement on probation of a
license for a child day care facility within the resource and
referral program's jurisdiction.
(D) The department shall also notify the resource and referral
program of the final resolution of any action specified in this
paragraph.
(2) With the exception of parents seeking local day care service,
any other entity specified in subdivision (b) of Section 1596.86 may
request that the department provide the notification described in
paragraph (1).
(e) When the department substantiates an allegation that it deems
to be serious in a facility funded by the Child Development Division
of the State Department of Education pursuant to Chapter 2
(commencing with Section 8200) of Part 6 of the Education Code it
shall notify the Child Development Division.
1596.8535. (a) Notwithstanding any other provision of law, the
department shall conduct any authorized inspection, announced site
visit, or unannounced site visit of any child daycare facility only
during the period beginning one hour before and ending one hour after
the facility's normal business hours or at any time childcare
services are being provided. This subdivision shall not apply to the
investigation of any complaint received by the department if the
department determines that an inspection or site visit outside the
time period beginning one hour before, and ending one hour after, the
facility's normal operating hours is necessary to protect the health
or safety of any child in the facility.
(b) If a facility is closed for an extended period of time, the
department may not perform any inspection, announced site visit, or
unannounced site visit until the facility has reopened, subject to
subdivision (a).
(c) The department shall develop regulations establishing a
procedure by which a licensee of any childcare facility may notify
the licensing agency of a planned period of inactivity in the
operation of the facility. The department shall also develop
regulations establishing a procedure by which the department shall
determine if it will grant inactive status to a licensee after
receiving this notice from the licensee.
(d) If the department grants inactive status to a licensee
pursuant to subdivision (c), the license shall not be valid during
the period of inactivity in the operation of the facility, the
licensee shall be responsible for the payment of annual licensing
fees and for maintaining licensing standards upon reactivation of
operation of the facility, and the department's timeframe for
required site visits shall be adjusted accordingly. However, if the
department believes the licensee is operating during a period in
which the department has granted inactive status to the licensee, the
department may enter the facility for any inspection permitted by
law.
(e) This section shall be operative July 1, 2003.
1596.854. The withdrawal of an application for a license or a
special permit after it has been filed with the department shall not,
unless the department consents in writing to the withdrawal, deprive
the department of its authority to institute or continue a
proceeding against the applicant for the denial of the license or a
special permit upon any ground provided by law or to enter an order
denying the license or special permit upon any such ground.
The suspension, expiration, or forfeiture by operation of law of a
license or a special permit issued by the department, or its
suspension, forfeiture, or cancellation by order of the department or
by order of a court of law, or its surrender without the written
consent of the department, shall not deprive the department of its
authority to institute or continue a disciplinary proceeding against
the licensee or holder of a special permit upon any ground provided
by law or to enter an order suspending or revoking the license or
special permit or otherwise taking disciplinary action against the
licensee or holder of a special permit on any such ground.
1596.855. (a) Upon attendance at an orientation meeting, as
described in Section 1596.845, an applicant shall be provided,
without charge, a printed copy of all applicable regulations by the
department, a copy of Section 1596.842, and a copy of the appeals
procedure specified in subdivision (b) of Section 1596.842. The
department shall inform applicants of the availability of a Spanish
language version of these materials and shall provide it to the
applicant upon request by the applicant.
(b) The department shall mail, without charge, printed copies of
all revisions of regulations to all resource and referral programs
funded under Section 8210 of the Education Code, and to any
association of child care agencies which requests to receive
revisions of regulations. Upon request, the department shall mail,
without charge, a version of these regulations in Spanish, and may
mail, without charge, a version of these regulations in other
languages, as available.
(c) The versions in Spanish and in other languages shall be
provided as a convenience to the reader. In the event of a
discrepancy between these versions and the English version, the
English version shall prevail.
1596.8555. A licensed child day care facility shall post its
license in a prominent, publicly accessible location in the facility.
A family day care home shall comply with this posting requirement
during the hours when clients are present.
1596.856. If the department finds that the applicant is not in
compliance with this act or the regulations promulgated under this
act, the department shall deny the applicant a license.
1596.857. (a) Upon presentation of identification, the responsible
parent or guardian of a child receiving services in a child day care
facility has the right to enter and inspect the facility without
advance notice during the normal operating hours of the facility or
at any time that the child is receiving services in the facility.
Parents or guardians when inspecting shall be respectful of the
children's routines and programmed activities. The facility shall
inform parents and guardians of children receiving services in the
facility of the right of the parents and guardians to inspect the
facility pursuant to this section.
(b) No child day care facility shall discriminate or retaliate
against any child or parent or guardian on the basis or for the
reason that the parent or guardian has exercised his or her right
under this section to inspect the facility or has lodged a complaint
with the department against a facility.
(c) If any child day care facility denies a parent or legal
guardian the right to enter and inspect a facility or retaliates, the
department shall issue the facility a warning citation. For any
subsequent violation of this right, the department may impose a civil
penalty upon the facility of fifty dollars ($50) per violation. The
department may take any appropriate action, including license
revocation.
(d) Each child day care facility shall permanently post in a
facility location accessible to parents and guardians a written
notice, available from the department, of the right to make an
inspection pursuant to this section and the prohibition against
retaliation and the right to file a complaint. The department shall
make this written notice available to child day care facility
licensees, and shall include on this notice a statement of the right
of the parents and guardians to review licensing reports of facility
visits and substantiated complaints against the facility on the site
of the facility, pursuant to Section 1596.859.
(e) Notwithstanding any other provision of this section, the
person present who is in charge of a child day care facility may deny
access to an adult whose behavior presents a risk to children
present in the facility and may deny access to noncustodial parents
or guardians if so requested by the responsible parent or legal
guardian.
1596.858. A license shall be forfeited by operation of law prior to
its expiration date when any one of the following occurs:
(a) The licensee sells or otherwise transfers the facility or
facility property, except when change of ownership applies to
transferring of stock when the facility is owned by a corporation,
and when the transfer of stock does not constitute a majority change
in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves the facility from one location to another.
The department shall develop regulations to ensure that the
facilities are not charged a full licensing fee and do not have to
complete the entire application process when applying for license for
the new location.
(d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d,
288, or 289 of the Penal Code, or is convicted of another crime
specified in subdivision (c) of Section 667.5 of the Penal Code.
(e) The licensee dies. If an adult relative notifies the
department of his or her desire to continue operation of the facility
and submits an application, the department shall expedite the
application. The department shall promulgate regulations for
expediting applications submitted pursuant to this subdivision.
(f) The licensee abandons the facility.
1596.859. (a) (1) Each licensed child day care facility shall make
accessible to the public a copy of any licensing report pertaining to
the facility that documents a facility visit or a substantiated
complaint investigation. An individual report shall not be required
to be maintained beyond three years from the date of issuance, and
shall not include any information that would not have been accessible
to the public through the State Department of Social Services
Community Care Licensing Division.
(2) (A) Every child care resource and referral program established
pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of
Part 6 of the Education Code, and every alternative payment program
established pursuant to Article 3 (commencing with Section 8220) of
Chapter 2 of Part 6 of the Education Code shall advise every person
who requests a child care referral of his or her right to the
licensing information of a licensed child day care facility required
to be maintained at the facility pursuant to this section and to
access any public files pertaining to the facility that are
maintained by the State Department of Social Services Community Care
Licensing Division.
(B) A written or oral advisement in substantially the following
form will comply with the requirements of subparagraph (A):
"State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining to
the facility that documents a facility visit or a substantiated
complaint investigation. In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing Division. You
have the right to access any public information in these files."
(b) Within 30 days after the date specified by the department for
a licensee to correct a deficiency, the department shall provide the
licensee with a licensing report or other appropriate document
verifying compliance or noncompliance. Notwithstanding any other
provision of law, and with good cause, the department may provide the
licensee with an alternate timeframe for providing the licensing
report or other appropriate document verifying compliance or
noncompliance. If the department provides the licensee with an
alternate timeframe, it shall also provide the reasons for the
alternate timeframe, in writing. The licensee may make this
documentation available to the public.
1596.8595. (a) (1) Each licensed child day care facility shall post
a copy of any licensing report pertaining to the facility that
documents either a facility visit or a complaint investigation that
results in a citation for a violation that, if not corrected, will
create a direct and immediate risk to the health, safety, or personal
rights of children in care. The licensing report provided by the
department shall be posted immediately upon receipt, adjacent to the
postings required pursuant to Section 1596.817 and on, or immediately
adjacent to, the interior side of the main door to the facility and
shall remain posted for 30 consecutive days.
(2) A family day care home shall comply with the posting
requirements contained in paragraph (1) during the hours when clients
are present.
(3) Failure to comply with paragraph (1) shall result in an
immediate civil penalty of one hundred dollars ($100).
(b) (1) Notwithstanding subdivision (b) of Section 1596.859, the
licensee shall post a licensing report or other appropriate document
verifying the licensee's compliance or noncompliance with the
department's order to correct a deficiency that is subject to posting
pursuant to paragraph (1) of subdivision (a). The licensing report
or other document shall be posted immediately upon receipt, adjacent
to the postings required pursuant to Section 1596.817, on, or
immediately adjacent to, the interior side of the main door into the
facility and shall be posted for a period of 30 consecutive days.
(2) A family day care home shall comply with the posting
requirements contained in paragraph (1) during the hours when clients
are present.
(3) Failure to comply with paragraph (1) shall result in an
immediate civil penalty of one hundred dollars ($100).
1596.86. (a) The director shall annually publish and make available
to interested persons a list or lists covering all licensed child
day care facilities, other than small family day care homes, and the
services for which each facility has been licensed or issued a
special permit. The lists shall also specify the licensed capacity
of the facility and whether it is licensed by the department or by
another public agency.
(b) To encourage the recruitment of small family day care homes
and protect their personal privacy, the department shall prevent the
use of lists containing names, addresses and other identifying
information of facilities identified as small family day care homes,
except as necessary for administering the licensing program,
facilitating the placement of children in these facilities, and
providing the names and addresses to resource and referral agencies
funded by the State Department of Education, food and nutrition
programs funded by the State Department of Education, alternative
payment programs funded by the State Department of Education, county
programs under the Greater Avenues for Independence Act of 1985
(Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3
of Division 9 of the Welfare and Institutions Code), family day care
organizations, or specialized health care service plans licensed
under the Knox-Keene Health Care Service Plan Act of 1975, as
contained in Chapter 2.5 (commencing with Section 1340), which
provide employee assistance program services that include child care
referral services. Upon request, parents seeking local day care
services may receive the names and telephone numbers of local small
family day care providers.
(c) The department, in consultation with the Child Development
Division of the State Department of Education, shall adopt
regulations relating to the confidentiality of information provided
pursuant to subdivision (b) on small family day care homes. These
regulations shall include procedures for updating lists or other
information on small family day care providers to ensure referral
only to licensed homes in good standing with the department. Any
person or entity violating the regulations under this subdivision may
be denied access by the department to information on small family
day care homes and shall be reported by the department to the
appropriate funding or licensing department.
1596.861. (a) Each child day care facility licensed under this
chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter
3.6 (commencing with Section 1597.30) shall reveal its license number
in all advertisements, publications, or announcements made with the
intent to attract clients.
(b) Advertisements, publications, or announcements subject to the
requirements of subdivision (a) include, but are not limited to,
those contained in the following:
(1) Newspaper or magazine.
(2) Consumer report.
(3) Announcement of intent to commence business.
(4) Telephone directory yellow pages.
(5) Professional or service directory.
(6) Radio or television commercial.
1596.865. It is the intent of the Legislature to encourage any
person who provides child care in a child day care facility licensed
pursuant to this chapter, Chapter 3.5 (commencing with Section
1596.90), or Chapter 3.6 (commencing with Section 1597.30) to have
the following elementary health care training:
(a) Cardiopulmonary resuscitation.
(b) Pediatric first aid.
(c) Preventive health practices, including food preparation and
sanitation practices, that reduce the spread of infectious diseases.
1596.866. (a) (1) In addition to any other required training, at
least one director or teacher at each day care center, and each
family day care home licensee who provides care, shall have at least
15 hours of health and safety training.
(2) The training shall include the following components:
(A) Pediatric first aid.
(B) Pediatric cardiopulmonary resuscitation (CPR).
(C) A preventative health practices course or courses that include
instruction in the recognition, management, and prevention of
infectious diseases, including immunizations, and prevention of
childhood injuries.
(3) The training may include instruction in sanitary food
handling, child nutrition, emergency preparedness and evacuation,
caring for children with special needs, and identification and
reporting of signs and symptoms of child abuse.
(b) Day care center directors and licensees of large family day
care homes shall ensure that at least one staff member who has a
current course completion card in pediatric first aid and pediatric
CPR issued either by the American Red Cross or the American Heart
Association, or by a training program that has been approved by the
Emergency Medical Services Authority pursuant to this section and
Section 1797.191, shall be onsite at all times when children are
present at the facility, and shall be present with the children when
children are offsite from the facility for facility activities.
Nothing in this subdivision shall be construed to require, in the
event of an emergency, additional staff members, who are onsite when
children are present at the facility, to have a current course
completion card in pediatric first aid and pediatric CPR.
(c) (1) The completion of health and safety training by all
personnel and licensees described in subdivision (a) shall be a
condition of licensure.
(2) Training in pediatric first aid and pediatric CPR by persons
described in subdivisions (a) and (b) shall be current at all times.
Training in preventive health practices as described in subparagraph
(C) of paragraph (2) of subdivision (a) is a one-time-only
requirement for persons described in subdivision (a).
(3) The department shall issue a provisional license for otherwise
qualified applicants who are not in compliance with this section.
This provisional license shall expire 90 days after the date of
issuance and shall not be extended.
(4) A notice of deficiency shall be issued by the department at
the time of a site visit to any licensee who is not in compliance
with this section. The licensee shall, at the time the notice is
issued, develop a plan of correction to correct the deficiency within
90 days of receiving the notice. The facility's license may be
revoked if it fails to correct the deficiency within the 90-day
period. Section 1596.890 shall not apply to this paragraph.
(d) Completion of the training required pursuant to subdivisions
(a) and (b) shall be demonstrated, upon request of the licensing
agency, by the following:
(1) Current pediatric first aid and pediatric CPR course
completion cards issued either by the American Red Cross or the
American Heart Association, or by a training program approved by the
Emergency Medical Services Authority pursuant to Section 1797.191.
(2) (A) A course completion card for a preventive health practices
course or courses as described in subparagraph (C) of paragraph (2)
of subdivision (a) issued by a training program approved by the
Emergency Medical Services Authority pursuant to Section 1797.191.
(B) Persons who, prior to the date on which the amendments to this
section enacted in 1998 become operative, have completed a course or
courses in preventive health practices as described in subparagraph
(C) of paragraph (2) of subdivision (a), and have a certificate of
completion of a course or courses in preventive health practices, or
certified copies of transcripts that identify the number of hours and
the specific course or courses taken for training in preventive
health practices, shall be deemed to have met the training in
preventive health practices.
(3) In addition to training programs specified in paragraphs (1)
and (2), training programs or courses in pediatric first aid,
pediatric CPR, and preventive health practices offered or approved by
an accredited college or university are considered to be approved
sources of training that may be used to satisfy the training
requirements of paragraph (2) of subdivision (a). Completion of this
training shall be demonstrated to the licensing agency by a
certificate of course completion, course completion cards, or
certified copies of transcripts that identify the number of hours and
the specified course or courses taken for the training as defined in
paragraph (2) of subdivision (a).
(e) The training required under subdivision (a) shall not be
provided by a home study course. This training may be provided
through in-service training, workshops, or classes.
(f) All personnel and licensees described in subdivisions (a) and
(b) shall maintain current course completion cards for pediatric
first aid and pediatric CPR issued either by the American Red Cross
or the American Heart Association, or by a training program approved
by the Emergency Medical Services Authority pursuant to Section
1797.191, or shall have current certification in pediatric first aid
and pediatric CPR from an accredited college or university in
accordance with paragraph (3) of subdivision (d).
(g) The department shall have the authority to grant exceptions to
the requirements imposed by this section in order to meet the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.).
(h) The department shall adopt regulations to implement this
section.
1596.8661. (a) For purposes of the training required pursuant to
paragraph (4) of subdivision (a) of Section 1596.798, pediatric first
aid training pursuant to Section 1596.866 shall include a component
of training in the administration of inhaled medication described in
paragraph (4) of subdivision (a) of Section 1596.798.
(b) The Emergency Medical Services Authority shall establish,
consistent with Section 1797.191, minimum standards for a component
of pediatric first aid training that satisfies the requirements of
paragraph (4) of subdivision (a) of Section 1596.798. For purposes
of this subdivision, the Emergency Medical Services Authority is
encouraged to consult with organizations and providers with expertise
in administering inhaled medication and nebulizer care, including,
but not limited to, the American Lung Association, respiratory
therapists, and others.
1596.867. (a) All child day care facilities, as defined in Section
1596.750, shall include an Earthquake Preparedness Checklist as an
attachment to the disaster plan prescribed by Section 1596.95 or
1597.54. However, the Earthquake Preparedness Checklist shall not be
considered a requirement for obtaining or maintaining a license for
a child day care center or family day care home. The Earthquake
Preparedness Checklist shall be made accessible to the public at the
child day care center, or family day care home. The licensing agency
shall not monitor or be responsible for enforcing any provision
contained in the Earthquake Preparedness Checklist or ensuring that
the checklist is made accessible to the public.
(b) The Earthquake Preparedness Checklist shall not exceed two
typewritten pages and the department may add to or delete from the
list, as it deems appropriate. The checklist may include, but not be
limited to, all of the procedures that are listed in the following
proposed Earthquake Preparedness Checklist. A licensee of a child
day care center or family day care home shall have the option of
selecting from the checklist the procedures, if any, the licensee
chooses to use in the child day care center or family day care home.
Earthquake Preparedness Checklist (EPC)*
------------------------------------------
Eliminate potential hazards in classrooms and throughout the site:
____ Bolt bookcases in high traffic areas securely to wall studs
____ Move heavy books and items from high to low shelves
____ Secure and latch filing cabinets
____ Secure cabinets in high traffic areas with child safety latches
____ Secure aquariums, computers, typewriters, TV-VCR equipment to
surfaces,
such as by using Velcro tabs
____ Make provisions for securing rolling portable items such as
TV-VCRs, pianos, refrigerators
____ Move children's activities and play areas away from windows, or
protect windows with blinds or adhesive plastic sheeting
____ Secure water heater to wall using plumber's tape
____ Assess and determine possible escape routes
Establish a coordinated response plan involving all of the following:
Involving children:
____ Teach children about earthquakes and what to do (see resource
list
below)
____ Practice "duck, cover, and hold" earthquake drills under tables
or
desks no less than 4 times a year
Involving parents:
____ Post, or make available to parents copies of the school
earthquake
safety plan (including procedures for reuniting parents or
alternate
guardians with children, location of planned evacuation site,
method for leaving messages and communicating)
____ Enlist parent and community resource assistance in securing
emergency supplies or safeguarding the child day care site:
____ store a 3-day supply of nonperishable food (including
juice,
canned food items, snacks, and infant formula)
____ store a 3-day supply of water and juice
____ store food and water in an accessible location, such as
portable
plastic storage containers
____ store other emergency supplies such as flashlights, a radio
with extra batteries, heavy gloves, trash bags, and tools
____ maintain a complete, up-to-date listing of children,
emergency
numbers, and contact people for each classroom stored
with
emergency supplies
Involving child day care personnel and local emergency agencies:
____ Identify and assign individual responsibilities for staff
following an
earthquake (including accounting for and evacuating children,
injury
control, damage assessment)
____ Involve and train all staff members about the earthquake safety
plan,
including location and procedure for turning off utilities and
gas
____ Contact nearby agencies (including police, fire, Red Cross, and
local
government) for information and materials in developing the
child
day care center earthquake safety plan
*For more free resources contact:
(1) Federal Emergency Management Agency (FEMA)
(2) Office of Emergency Services (OES)
(3) Red Cross
(c) Nothing in this section shall be construed to prevent the
adoption or enforcement of earthquake safety standards for child day
care facilities by local ordinance.
(d) Nothing in this section shall be construed to prevent the
department from adopting or enforcing regulations on earthquake
safety or making earthquake safety drills mandatory.
1596.869. Directors of combination child day care facilities shall
be included in the teacher-child ratio during periods when they are
actively supervising children and on the same basis that any other
director of a day care center may be included in the teacher-child
ratio.
1596.87. The department shall institute a staff development and
training program within the organizational structure to develop among
staff the knowledge, understanding of children and child care, and
regulatory administration necessary to successfully carry out this
act. Specifically, the department shall do all of the following:
(a) Provide staff with 36 hours of training per year that reflect
the unique needs of children. The training shall include training
relating to regulation administration, including communication
skills, writing skills, and human relations skills.
(b) Find ways to encourage applications from individuals with
child care provider experience or educational backgrounds applicable
to the provision of child care.
(c) Provide new staff with comprehensive training within the first
six months of employment. This training shall, at a minimum,
include the following core areas: administrative action process,
client populations, conducting facility visits, cultural awareness,
documentation skills, facility operations, human relation skills,
interviewing techniques, investigation processes, and regulation
administration.
This program shall also provide new staff who have earned fewer
than 16 semester units in child development or early childhood
education from an accredited college at least 40 hours of preservice
training in child development or early childhood education.
(d) Submit for approval to the advisory committee established in
Section 8286 of the Education Code a plan for meeting the provisions
of subdivisions (a) and (c).
1596.871. The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a child
care center or family child care home. Therefore, the Legislature
supports the use of the fingerprint live-scan technology, as defined
in the long-range plan of the Department of Justice for fully
automating the processing of fingerprints and other data by the year
1999, otherwise known as the California Crime Information
Intelligence System (CAL-CII), to be used for applicant fingerprints.
It is the intent of the Legislature in enacting this section to
require the fingerprints of those individuals whose contact with
child day care facility clients may pose a risk to the children's
health and safety.
(a) (1) Before issuing a license or special permit to any person
to operate or manage a day care facility, the department shall secure
from an appropriate law enforcement agency a criminal record to
determine whether the applicant or any other person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in Section 290
of the Penal Code, for violating Section 245 or 273.5, subdivision
(b) of Section 273a or, prior to January 1, 1994, paragraph (2) of
Section 273a of the Penal Code, or for any crime for which the
department cannot grant an exemption if the person was convicted and
the person has not been exonerated.
(2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
(3) Except during the 2003-04, 2004-05, and 2005-06 fiscal years,
neither the Department of Justice nor the department may charge a fee
for the fingerprinting of an applicant who will serve six or fewer
children or any family day care applicant for a license, or for
obtaining a criminal record of an applicant pursuant to this section.
(4) The following shall apply to the criminal record information:
(A) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) has been
convicted of a crime, other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (f).
(B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
(C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
(D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (f).
(E) An applicant and any other person specified in subdivision (b)
shall submit a second set of fingerprints to the Department of
Justice, for the purpose of searching the records of the Federal
Bureau of Investigation, in addition to the search required by
subdivision (a). If an applicant meets all other conditions for
licensure, except receipt of the Federal Bureau of Investigation's
criminal history information for the applicant and persons listed in
subdivision (b), the department may issue a license if the applicant
and each person described by subdivision (b) has signed and submitted
a statement that he or she has never been convicted of a crime in
the United States, other than a traffic infraction as defined in
paragraph (1) of subdivision (a) of Section 42001 of the Vehicle
Code. If, after licensure, the department determines that the
licensee or person specified in subdivision (b) has a criminal
record, the license may be revoked pursuant to Section 1596.885. The
department may also suspend the license pending an administrative
hearing pursuant to Section 1596.886.
(b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of
staff.
(B) Any person, other than a child, residing in the facility.
(C) Any person who provides care and supervision to the children.
(D) Any staff person, volunteer, or employee who has contact with
the children.
(i) A volunteer providing time-limited specialized services shall
be exempt from the requirements of this subdivision if this person is
directly supervised by the licensee or a facility employee with a
criminal record clearance or exemption, the volunteer spends no more
than 16 hours per week at the facility, and the volunteer is not left
alone with children in care.
(ii) A student enrolled or participating at an accredited
educational institution shall be exempt from the requirements of this
subdivision if the student is directly supervised by the licensee or
a facility employee with a criminal record clearance or exemption,
the facility has an agreement with the educational institution
concerning the placement of the student, the student spends no more
than 16 hours per week at the facility, and the student is not left
alone with children in care.
(iii) A volunteer who is a relative, legal guardian, or foster
parent of a client in the facility shall be exempt from the
requirements of this subdivision.
(iv) A contracted repair person retained by the facility, if not
left alone with children in care, shall be exempt from the
requirements of this subdivision.
(v) Any person similar to those described in this subdivision, as
defined by the department in regulations.
(E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer, other person serving in
like capacity, or a person designated by the chief executive officer
as responsible for the operation of the facility, as designated by
the applicant agency.
(F) If the applicant is a local educational agency, the president
of the governing board, the school district superintendent, or a
person designated to administer the operation of the facility, as
designated by the local educational agency.
(G) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
(H) This section does not apply to employees of child care and
development programs under contract with the State Department of
Education who have completed a criminal records clearance as part of
an application to the Commission on Teacher Credentialing, and who
possess a current credential or permit issued by the commission,
including employees of child care and development programs that serve
both children subsidized under, and children not subsidized under, a
State Department of Education contract. The Commission on Teacher
Credentialing shall notify the department upon revocation of a
current credential or permit issued to an employee of a child care
and development program under contract with the State Department of
Education.
(I) This section does not apply to employees of a child care and
development program operated by a school district, county office of
education, or community college district under contract with the
State Department of Education who have completed a criminal record
clearance as a condition of employment. The school district, county
office of education, or community college district upon receiving
information that the status of an employee's criminal record
clearance has changed shall submit that information to the
department.
(2) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individuals exempt from
the requirements under this subdivision.
(c) (1) (A) Subsequent to initial licensure, any person specified
in subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a child day care
facility be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal conviction. The licensee shall
submit these fingerprints to the Department of Justice, along with a
second set of fingerprints for the purpose of searching the records
of the Federal Bureau of Investigation, or to comply with paragraph
(1) of subdivision (h), prior to the person's employment, residence,
or initial presence in the child day care facility.
(B) These fingerprints shall be on a card provided by the State
Department of Social Services for the purpose of obtaining a
permanent set of fingerprints and submitted to the Department of
Justice by the licensee or sent by electronic transmission in a
manner approved by the State Department of Social Services. A
licensee's failure to submit fingerprints to the Department of
Justice, or to comply with paragraph (1) of subdivision (h), as
required in this section, shall result in the citation of a
deficiency, and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation, per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the
licensee pursuant to Section 1596.885 or Section 1596.886. The State
Department of Social Services may assess civil penalties for
continued violations permitted by Sections 1596.99 and 1597.62. The
fingerprints shall then be submitted to the State Department of
Social Services for processing. Within 14 calendar days of the
receipt of the fingerprints, the Department of Justice shall notify
the State Department of Social Services of the criminal record
information, as provided in this subdivision. If no criminal record
information has been recorded, the Department of Justice shall
provide the licensee and the State Department of Social Services with
a statement of that fact within 14 calendar days of receipt of the
fingerprints. If new fingerprints are required for processing, the
Department of Justice shall, within 14 calendar days from the date of
receipt of the fingerprints, notify the licensee that the
fingerprints were illegible.
(C) Documentation of the individual's clearance or exemption shall
be maintained by the licensee, and shall be available for
inspection. When live-scan technology is operational, as defined in
Section 1522.04, the Department of Justice shall notify the
department, as required by that section, and notify the licensee by
mail within 14 days of electronic transmission of the fingerprints to
the Department of Justice, if the person has no criminal record. Any
violation of the regulations adopted pursuant to Section 1522.04
shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation, per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1596.885 or Section 1596.886. The department may assess civil
penalties for continued violations, as permitted by Sections 1596.99
and 1597.62.
(2) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the department, on the basis of
fingerprints submitted to the Department of Justice, that the person
has been convicted of a sex offense against a minor, an offense
specified in Section 243.4, 273a, 273d, 273g, or 368 of the Penal
Code, or a felony, the State Department of Social Services shall
notify the licensee to act immediately to terminate the person's
employment, remove the person from the child day care facility, or
bar the person from entering the child day care facility. The
department may subsequently grant an exemption pursuant to
subdivision (f). If the conviction was for another crime except a
minor traffic violation, the licensee shall, upon notification by the
State Department of Social Services, act immediately to either (1)
terminate the person's employment, remove the person from the child
day care facility, or bar the person from entering the child day care
facility; or (2) seek an exemption pursuant to subdivision (f). The
department shall determine if the person shall be allowed to remain
in the facility until a decision on the exemption is rendered. A
licensee's failure to comply with the department's prohibition of
employment, contact with clients, or presence in the facility as
required by this paragraph shall result in a citation of deficiency
and an immediate assessment of civil penalties by the department
against the licensee, in the amount of one hundred dollars ($100) per
violation, per day for a maximum of five days, unless the violation
is a second or subsequent violation within a 12-month period in which
case the civil penalties shall be in the amount of one hundred
dollars ($100) per violation for a maximum of 30 days, and shall be
grounds for disciplining the licensee pursuant to Section 1596.885 or
1596.886.
(3) The department may issue an exemption on its own motion
pursuant to subdivision (f) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
(4) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (f). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (3).
(d) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
department is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, when
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, notwithstanding a subsequent order pursuant to Sections
1203.4 and 1203.4a of the Penal Code permitting the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment. For purposes of this section
or any other provision of this chapter, the record of a conviction,
or a copy thereof certified by the clerk of the court or by a judge
of the court in which the conviction occurred, shall be conclusive
evidence of the conviction. For purposes of this section or any other
provision of this chapter, the arrest disposition report certified
by the Department of Justice, or documents admissible in a criminal
action pursuant to Section 969b of the Penal Code, shall be prima
facie evidence of conviction, notwithstanding any other provision of
law prohibiting the admission of these documents in a civil or
administrative action.
(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
(e) The State Department of Social Services may not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
(f) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraphs (1) and (4) of subdivision (a), or for
employment, residence, or presence in a child day care facility as
specified in paragraphs (3), (4), and (5) of subdivision (c) if the
director has substantial and convincing evidence to support a
reasonable belief that the applicant and the person convicted of the
crime, if other than the applicant, are of good character so as to
justify issuance of the license or special permit or granting an
exemption for purposes of subdivision (c). However, an exemption may
not be granted pursuant to this subdivision if the conviction was for
any of the following offenses:
(A) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(a) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
(B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) or (b) of
Section 451 of the Penal Code.
(2) The department may not prohibit a person from being employed
or having contact with clients in a facility on the basis of a denied
criminal record exemption request or arrest information unless the
department complies with the requirements of Section 1596.8897.
(g) Upon request of the licensee, who shall enclose a
self-addressed stamped postcard for this purpose, the Department of
Justice shall verify receipt of the fingerprints.
(h) (1) For the purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the department, and shall include
a copy of the person's driver's license or valid identification card
issued by the Department of Motor Vehicles, or a valid photo
identification issued by another state or the United States
government if the person is not a California resident. Upon request
of the licensee, who shall enclose a self-addressed stamped envelope
for this purpose, the department shall verify whether the individual
has a clearance that can be transferred.
(2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearances to be transferred.
(3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with department
delegated licensing authority:
(A) A county office with department delegated licensing authority
may accept a clearance or exemption from the department.
(B) The department may accept a clearance or exemption from any
county office with department delegated licensing authority.
(C) A county office with department delegated licensing authority
may accept a clearance or exemption from any other county office with
department delegated licensing authority.
(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department or a county office with department delegated
licensing authority, all of the following shall apply:
(A) The Department of Justice shall process a request from the
department or a county office with department delegated licensing
authority to receive the notice, only if all of the following
conditions are met:
(i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.
(B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have department
delegated licensing authority.
(ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department delegated licensing authority or a county's delegated
licensing authority is rescinded.
(C) The Department of Justice shall charge the department or a
county office with department delegated licensing authority a fee for
each time a request to substitute the recipient agency is received
for purposes of this paragraph. This fee shall not exceed the cost
of providing the service.
(i) Amendments to this section made in the 1998 calendar year
shall be implemented commencing 60 days after the effective date of
the act amending this section in the 1998 calendar year, except those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation, which shall be
implemented commencing January 1, 1999.
1596.8712. (a) (1) Whenever an individual is excluded by the
department from a licensed family day care home, the department shall
prepare and provide to the licensed family day care home from which
the individual was excluded, within 45 days, an addendum to the
notification of parents' rights form required by Section 102419 of
Title 22 of the California Code of Regulations, clearly identifying
the name or names of any individual or individuals who have been
excluded from the licensed family day care home. The addendum shall
also identify the existence and location of a public file maintained
by the department explaining the reason for the exclusion.
(2) The department shall revise the addendum if the excluded
individual is reinstated by the department pursuant to Section 11522
of the Government Code.
(b) (1) Immediately upon receipt of an addendum from the
department, the licensee shall provide the parent or guardian of each
child under the licensee's care or supervision with a copy of the
addendum identifying the excluded individual or individuals. The
licensee shall also obtain the signature of the parent or guardian
indicating that the parent or guardian has received a copy of the
addendum. A signed copy of the addendum shall be provided to the
parent or guardian, and the original signed addendum shall be
retained by the licensed day care home provider, and provided to the
department during the regular inspection of the home, or at any time
upon the request of the department.
(2) This section shall apply to all children currently under the
licensee's care or supervision, and to all children who come under
the licensee's care or supervision after the implementation of this
section.
(c) During its regular inspection of all licensed family day care
homes where an individual or individuals have been excluded, the
department shall verify that the licensee has obtained a signature
from the parent or guardian of each child under the licensee's care
or supervision indicating that the parent or guardian has been
provided with the addendum identifying the excluded individual or
individuals. The department may also request the signed addenda from
the licensee at any time.
(d) A licensee shall be assessed an immediate civil penalty of one
hundred dollars ($100) per violation, for failure to do any of the
following:
(1) Provide a copy of the addendum to a parent or guardian of any
child under the provider's care or supervision.
(2) Obtain a parent or guardian's signature indicating he or she
has been provided with the addendum.
(3) Provide signed addenda to the department, when requested for
all children under the provider's care.
(e) Failure to comply with this section shall constitute grounds
for disciplining the licensee pursuant to Section 1596.885 or Section
1596.886.
(f) This section shall apply to any family day care home from
which an individual is excluded after January 1, 2001.
(g) The department shall promulgate regulations and policies, as
necessary, to implement the provisions of this section by January 1,
2002.
1596.8713. (a) The Department of Justice may charge a fee
sufficient to cover its costs in providing services in accordance
with Section 1596.871 to comply with the 14-day requirement for
provision to the department of the criminal record information, as
contained in subdivision (c) of Section 1596.871.
(b) (1) Between July 1, 2000, and July 1, 2001, no fee shall be
charged by the Department of Justice or the State Department of
Social Services for any costs associated with obtaining a California
or Federal Bureau of Investigation criminal record or for conducting
a child abuse index check, of a volunteer at a child care facility
who is required to be fingerprinted pursuant to subdivision (b) of
Section 1596.871, provided that the exemption does not cause an
increase in fees for other providers.
(2) On or after July 1, 2001, no fee shall be charged for the
purposes specified in paragraph (1) if funds for those purposes are
appropriated in the annual Budget Act and the exemption does not
cause an increase in fees for other providers.
(3) For purposes of this subdivision, "volunteer" means a person
who provides services at a child care facility and does not receive
any payment of a salary or hourly wage in exchange for these
services.
1596.8714. On or before March 1, 2000, the State Department of
Social Services shall convene a workgroup to review current criminal
background check requirements and processes for screening care
providers. The workgroup shall study and make recommendations
concerning improving the coordination of the different populations
who are required to undergo multiple criminal background checks,
methods to reduce the costs, and expedite the process of conducting
criminal background checks. The workgroup shall include
representatives from the various departments within the California
Health and Human Services Agency, the Department of Justice, the
Child Care Resource and Referral Network, and care provider
organizations.
1596.8715. If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1596.8897, the licensee or facility shall
not incur civil liability or unemployment insurance liability as a
result of that denial or termination.
1596.8716. (a) For licensing purposes, employees of a child care
and development program operated by a school district, county office
of education, or community college under contract with the State
Department of Education pursuant to Chapter 2 (commencing with
Section 8200) of Part 6 of the Education Code who have received a
physical examination as a condition of employment with the district
or office are not required to have a health screening as required by
Section 101216 of Title 22 of the California Code of Regulations.
(b) For licensing purposes, a school principal of a public school
that operates a child care and development program under contract
with the State Department of Education pursuant to Article 7
(commencing with Section 8235) of Chapter 2 of Part 6 of the
Education Code shall be deemed qualified to be a day care center
director pursuant to Section 101315 of Title 22 of the California
Code of Regulations only when the program is located on the campus of
an operating public school, with staff who are employees of the
public school.
1596.872a. (a) The department may establish a child care advocate
program. Each regional office, as well as the central office of the
department, may have an advocate who has knowledge of state child
care laws, regulations, and programs. The advocate's duties shall
include, but not be limited to, all of the following:
(1) Providing information to the general public and parents on
child care licensing standards and regulations.
(2) Serving as a liaison to local business, community, law
enforcement, labor, and education groups, as well as child care
providers and consumers, for the purpose of providing information
about licensing standards and regulations.
(3) Disseminating information on the state's licensing role and
activities, child care resource and referral agencies, and other
child care programs.
(4) Acting as a liaison to child care resource and referral
agencies to provide current information on licensing regulations,
procedures, violations, revocations, and activities.
(5) Investigating and seeking to resolve complaints and concerns
communicated on behalf of children served by a child day care
facility. Complaints shall be handled in an objective manner to
ascertain the pertinent facts. The ombudsman may refer any complaint
to the appropriate state or local government agency.
(b) The advocate shall have access to child day care facilities
and shall have the authority to speak with children and staff.
(c) The department shall report to the Legislature and the
Governor, on December 31, 1985, and annually thereafter, the number
of complaints resolved and referred and any related followup
activities, and the number of facilities visited pursuant to
subdivision (a).
(d) The department shall implement this section during periods
that Section 1596.872b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.
1596.872b. (a) The department may establish a child care advocate
program. This program may have one child care advocate for each
licensing district regional office providing child care licensing
services. A chief child care advocate shall be responsible for
operations of the program and shall report to the chief of the child
care licensing branch.
Each child care advocate shall have knowledge of state child care
laws, regulations, and programs. The child care advocate's duties
shall include, but not be limited to, all of the following:
(1) Providing information to the general public and parents on
child care licensing standards and regulations.
(2) Serving as a liaison to local business, community, law
enforcement, labor, and education groups, as well as child care
providers and consumers, for the purpose of providing information
about licensing standards and regulations.
(3) Disseminating information on the state's licensing role and
activities, child care resource and referral agencies, and other
child care programs.
(4) Acting as a liaison to child care resource and referral
agencies to provide current information on licensing regulations,
procedures, violations, revocations, and activities.
(5) Evaluating and seeking to resolve complaints and concerns
communicated on behalf of children served by a child day care
facility. Complaints shall be handled in an objective manner to
ascertain the pertinent facts. The child care advocate may refer any
complaint to the appropriate state or local government agency.
(6) Seeking to mediate disputes between the department and child
care licensees, where licensees allege misapplication of licensing
regulations and have exercised any initial appeal rights as specified
in Section 1596.842.
(b) The child care advocate shall have access to child day care
facilities and shall have the authority to speak with children and
staff.
(c) The department may implement this section only to the extent
funds are available in accordance with Section 18285.5 of the Welfare
and Institutions Code.
1596.873. The advisory committee established pursuant to Section
8286 of the Education Code shall perform all of the following
functions with regard to this act:
(a) Assist the department in developing and reviewing guidelines
for the administration of this act.
(b) Review the implementation of this act.
(c) Make written recommendations to the Legislature, the Governor,
and the department by December 31, 1985, with regard to possible
improvements to facilitate the implementation of this act.
(d) Advise the director regarding regulations, policy, and
administrative practices pertaining to the licensing of child day
care facilities.
1596.874. (a) The State Department of Social Services shall furnish
each licensed child day care facility with a notice that shall be
posted at the facility where it can be easily seen by employees and
consumers. The required notice shall contain information which does
all of the following:
(1) Identifies the licensing agency and how licensing regulations
may be obtained.
(2) Gives local telephone numbers where complaints may be made.
(3) Contains the nonretaliation provision in Section 1596.881.
(b) The licensee of the child day care facility shall make his or
her copy of current licensing regulations available to employees and
consumers.
1596.875. To assure compliance with this act, the department shall:
(a) Conduct ongoing in-service programs for licensing staff in
cooperation with other public entities and local associations.
(b) Conduct an annual seminar for representatives of enforcement
agencies, including, but not limited to, police officers, district
attorneys, and judges.
(c) Work with the Department of Justice to assure that license
revocations appear on criminal records.
1596.876. In any case in which a child day care facility releases a
minor to a peace officer pursuant to Section 305 of the Welfare and
Institutions Code, the official in charge of that facility shall
provide the peace officer with the address and telephone number of
the minor's parent or guardian in order to enable the peace officer
to make the notification required by Section 308 of the Welfare and
Institutions Code.
1596.877. (a) Prior to granting a license to, or otherwise
approving, any family day care home, the department shall check the
child abuse and neglect complaint records of the child protective
services agency of the county in which the applicant has resided for
the two years preceding the application.
(b) Prior to granting a license to or otherwise approving any
individual to care for children in either a family day care home or a
day care center, the department shall check the Child Abuse Registry
pursuant to paragraph (3) of subdivision (b) of Section 11170 of the
Penal Code. The Department of Justice shall maintain and
continually update an index of reports of child abuse by providers
and shall inform the department of subsequent reports received from
the child abuse index pursuant to Section 11170 of the Penal Code and
the criminal history.
(c) The department shall investigate any reports received from the
Child Abuse Registry and investigate any information received from
the county child protective services agency. However, child
protective services agency information arising from a report
designated as "unfounded," as defined pursuant to subdivision (a) of
Section 11165.12 of the Penal Code, shall not be included in the
investigation. The investigation shall include, but not be limited
to, the review of the investigation report and file prepared by the
child protective services agency that investigated the child abuse
report. The department shall not deny a license based upon a report
from the Child Abuse Registry or based on child abuse and neglect
complaint records of the county child protective services agency
unless child abuse is substantiated.
(d) On and after January 1, 1993, the department shall implement
this section for records maintained by counties that have automated
their child abuse and neglect complaint records on or before January
1, 1993. On and after July 1, 1993, the department shall implement
this section for records maintained by all counties.
1596.878. The department shall establish, administer, and monitor
programs which license child day care facilities consistent with the
provisions of this act.
1596.879. Immediately upon the denial of any application for a
license or for a special permit, the department shall notify the
applicant in writing. Within 15 days after the department mails the
notice, the applicant may present his or her written petition for a
hearing to the department. Upon receipt by the department of the
petition, the petition shall be set for hearing. The hearing shall
be conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the department has all the powers granted in that chapter.
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