State Codes and Statutes

Statutes > California > Hsc > 1597.05-1597.21

HEALTH AND SAFETY CODE
SECTION 1597.05-1597.21



1597.05.  (a) Licensing reviews of a child day care center shall be
limited to health and safety considerations and shall not include any
reviews of the content of any educational or training program of the
facility.
   (b) A licensee shall have 30 days after the employment of a staff
person or enrollment of a child to secure records requiring
information from sources not in the control of the licensee, staff
person, or child. An extension can be granted where the licensee can
demonstrate that further delays are beyond the control of the
licensee. No additional onsite inspections for the purpose of
checking completion of the designated records shall be made during
the 30-day period.
   "Records," for the purposes of this subdivision, mean those types
of records requiring information from sources not in the control of
the facilities, and include, but are not limited to, all of the
following:
   (1) Physical examination reports by physicians and surgeons.
   (2) Confirmation of required immunizations.
   (3) Submission of official data describing the educational
qualifications of the facility staff.
   (c) Within 90 days of employing a facility director, a licensee
shall secure verification that the facility director has completed an
orientation given by the department and shall maintain a copy of
that verification.


1597.055.  (a) Notwithstanding any other educational requirements, a
person may be hired as a teacher in a day care center if he or she
satisfies all of the following conditions:
   (1) Is 18 years of age or older.
   (2) Possesses a regional occupation program certificate of
training in child care occupations issued by a regional occupational
program which is accredited by the Western Association of Schools and
Colleges.
   (3) Has completed at least 95 hours of classroom instruction in
child care and development and child care occupations and at least
150 hours in supervised field experience in a licensed day care
center or comparable group child care program.
   (b) Subsequent to being hired pursuant to subdivision (a), a
teacher shall make satisfactory progress towards meeting the
educational requirement for a fully qualified teacher, as specified
in departmental regulations. For purposes of this section,
"satisfactory progress" shall mean completion, with passing grades,
of a minimum of two units each semester or the equivalent number of
units each quarter until the educational requirement is satisfied.
Six of the required semester or equivalent number of quarter units of
early childhood education from an accredited university or college
shall be completed during the next two consecutive regular semesters
or equivalent quarters.
   (c) A teacher hired pursuant to this section shall not be exempt
from satisfying any other noneducation requirements imposed by law on
teachers in day care centers and shall have on-site supervision by a
fully qualified teacher until six of the units specified in
subdivision (b) are completed.



1597.056.  Notwithstanding any other educational requirements, a
person may be hired to provide extended day care for children of a
given grade level in a day care center if the person is otherwise
qualified to be hired by a school district to teach children of that
grade level.



1597.057.  Any requirement established by the department, pursuant
to Article 1 (commencing with Section 1596.70) of Chapter 3.4, that
coursework in early childhood education or child development, or
both, be completed in order to fully qualify as a day care center
teacher, may be satisfied with a valid child development associate
credential issued by the Child Development Associate National
Credentialing Program for a center-based setting with a preschool age
level or infant/toddler age level endorsement. The preschool age
level endorsement shall qualify the holder of the credential as a day
care center teacher for ages three to five, inclusive, and the
infant/toddler age level endorsement shall qualify the holder of the
credential as a day care center teacher for up to, and including, age
two.
   The child development associate credential used to qualify
individuals as day care center teachers shall involve standards that
are no less stringent than those in effect on January 1, 1988.



1597.059.  (a) The State Department of Social Services shall adopt
guidelines and procedures to permit an aide to assist a fully
qualified child care teacher in the supervision of up to 18 preschool
age children, with the requirement that the aide shall complete at
least two accredited postsecondary semester units or equivalent
quarter units of early childhood education or child development per
semester or quarter, commencing with the first semester or quarter
following initial employment and continuing until six units have been
completed.
   (b) For purposes of this section, "preschool age children" means
children who are enrolled in a child day care center licensed by the
department and who are not enrolled in either an infant care center
or a schoolage child day care center, as these terms are defined in
Title 22 of the California Code of Regulations.
   (c) This section shall not become operative prior to June 30,
1993.


1597.07.  The department shall require of every licensee a written
policy statement which shall include names and qualifications of all
current employees, admission policies, program philosophy, the
location and telephone number of the nearest local office responsible
for child day care licensing, disciplinary practices, and the
licensee's policy and practice regarding preventive health and care
of children with non-life-endangering illnesses. The facility shall
retain an affidavit signed by the parent or guardian of every child
in the facility indicating he or she has read this statement. The
licensee shall also provide to all parents, at the consent of the
parents involved, a list of parents of children served by the
facility.



1597.08.  All site visits shall be unannounced.



1597.09.  (a) Each licensed child day care center shall be subject
to unannounced visits by the department. The department shall visit
these facilities as often as necessary to ensure the quality of care
provided.
   (b) The department shall conduct an annual unannounced visit to a
licensed child day care center under any of the following
circumstances:
   (1) When a license is on probation.
   (2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
   (3) When an accusation against a licensee is pending.
   (4) In order to verify that a person who has been ordered out of a
child day care center by the department is no longer at the
facility.
   (c) (1) The department shall conduct an annual unannounced visit
to no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
   (2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
   (d) Under no circumstance shall the department visit a licensed
child day care center less often than once every five years.



1597.091.  (a) In addition to the visits required by Section
1597.09, the department shall annually make unannounced spot visits
to 20 percent of all child day care centers licensed under this
chapter, except schoolage child day care centers. The unannounced
visits may be made at any time during the facility's business hours.
At no time shall other site visit requirements described by this
section prevent a timely site visit response to a complaint as
required by Section 1596.853.
   (b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.



1597.11.  The department shall notify the State Department of
Education when a child care or development facility licensed pursuant
to this chapter is found to have licensing violations which the
department has determined, by regulation, to endanger the health and
safety of the children receiving care. This notification shall be
made no later than 15 days after the finding of the violation or
violations.



1597.13.  The department and any local agency with which it
contracts for the licensing of day care centers shall grant or deny
an application for license within 30 days after receipt of all
appropriate licensing application materials, as determined by the
department, after a site visit has been completed and the facility
has been found to be in compliance with licensing standards. The
department shall conduct an initial site visit within 30 days after
the receipt of all appropriate licensing application materials.



1597.14.  (a) Notwithstanding Section 1596.858, in the event of a
sale of a licensed child day care center where the sale will result
in a new license being issued, the sale and transfer of property and
business shall be subject to both of the following:
   (1) The licensee shall provide written notice to the department
and to the child's parent or his or her legal guardian of the
licensee's intent to sell the child day care center at least 30 days
prior to the transfer of the property or business, or at the time
that a bona fide offer is made, whichever period is longer.
   (2) The licensee shall, prior to entering into an admission
agreement, inform the child's parent or his or her legal guardian,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
   (b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
   (1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a child
day care center. The seller shall send a copy of this written notice
to the licensing agency.
   (2) The prospective buyer shall submit an application for a
license, as specified in Section 1596.95, within five days of the
acceptance of the offer by the seller.
   (c) No transfer of the facility shall be permitted until 30 days
have elapsed from the date when notice has been provided to the
department pursuant to paragraph (1) of subdivision (a).
   (d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business. The department
shall make a decision within 60 days after a complete application is
submitted on whether to issue a license pursuant to Section 1596.95.
   (e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.


1597.15.  (a) The director shall authorize the University of
California to conduct a pilot project pursuant to this section for a
period not to extend 24 months beyond the date that funding is
available for expenditure for the pilot project. The purpose of the
pilot project is to test the feasibility of permitting family day
care home providers and child day care center staff to undertake
gastric tube feeding or the administration of medication through
nebulizers under the conditions and with the precautions specified in
subdivision (c).
   (b) Notwithstanding any other provision of law, upon authorization
from the director pursuant to subdivision (a), child day care center
and family day care home licensees and staff selected by the
principal investigator of the pilot project, to be known as the
Access Project, or his or her staff shall be authorized to undertake
gastrostomy tube feeding or the administration of medication through
nebulizers on children enrolled in their facilities.
   (c) For the purposes of the pilot project, the following
precautions shall be taken:
   (1) The principal investigator selected by the University of
California shall be a person who is licensed to practice medicine in
the state and is experienced in supervising programs in which
nonmedical personnel perform minor health procedures.
   (2) The availability of, and interaction with, experienced nurses
with appropriate experience, as determined by the principal
investigator, shall be part of the study design.
   (3) Only children with explicit and signed permission from their
personal physicians shall be included in the pilot project.
   (d) The University of California shall notify the department of
any family day care provider or child day care center staff selected
to participate in the training and procedures described in
subdivision (b) prior to undertaking these procedures.
   (e) Eighteen months after the date funding for the proposed pilot
became available for expenditure, the principal investigator of the
Access Project shall submit an evaluation of the project to the
Assembly Human Services Committee and the Senate Health and Human
Services Committee of the Legislature. In preparing the evaluation,
the Access Project shall consult with representatives from the State
Department of Health Services, the department, family day care
associations, family resource centers and networks, the child care
center provider community, and child care resource and referral
agencies. The principal investigator of the Access Project shall
consult with the department to determine the additional data
necessary for the department to make use of the evaluation. The
evaluation shall include, but not be limited to, all of the
following:
   (1) The number of family day care home providers who participated
in the project, with information identifying the procedure the
provider was trained in and his or her licensed capacity and actual
enrollment.
   (2) The number of child day care center staff who participated in
the project, with information identifying the procedure the staff was
trained in, the licensed capacity and actual enrollment of the
program, and the number of staff overall.
   (3) The number of children who were able to be served in licensed
child care programs with trained family day care home providers or
child day care center staff.
   (4) Overall impressions, problems encountered, and satisfaction
with the pilot project by providers and staff.
   (5) Overall impressions, problems encountered, and satisfaction
with the pilot project by parents and children.
   (6) Overall impressions, problems encountered, and satisfaction
with the pilot project by licensing staff.
   (7) Overall impressions, problems encountered, and satisfaction
with the pilot project by those providing the training, backup, and
monitoring, of a nonlicensing nature.
   (8) Input from providers, staff, trainers, parents, and children
as appropriate about the effectiveness of the pilot project.
   (9) An assessment of the adequacy of the training, including
curriculum and core competencies for the health care procedures
taught; teaching methods used in the project; and the quality of
health care procedures provided, including errors and incidents.
   (10) The impact on health and safety from engaging in these
procedures on the child needing the procedure and the other children
and staff in the program, where measurable.
   (11) The impact of the pilot project on increasing the ability of
child care programs to serve children with special health needs.
   (12) The number of nurse visits required for initial placement in
the child care setting.
   (13) The need for a nurse with appropriate experience, as
determined by the principal investigator, after placement is arranged
and initiated as an adjunct to support each child's own physician or
physicians.
   (14) The cost of providing the training and services.
   (15) Recommendations as to whether the pilot project should be
expanded to enable family day care home providers and child day care
center staff throughout the state to undertake these procedures and
under what specific conditions, with accompanying rationales.
   (16) Recommendations for other possible procedures to be
authorized in a pilot project with the reasons for those
recommendations.
   (17) The cost of the care provided in the project, the likely cost
of the care if performed by the child day care licensees or staff
pursuant to the project, and the cost for provision of that care by
the child's current care providers, specifically including the cost
of nursing services.
   (18) The number of Medi-Cal recipients participating in the
project.
   (f) No provision of this section applies to the Regents of the
University of California unless the Regents, by appropriate
resolution, make it applicable. It is the intent of the Legislature
that the project be funded from non-General Fund resources.
   (g) This section shall remain in effect only until two years from
the date funding is available for expenditure for the pilot project
established pursuant to this section and as of that date shall be
repealed, unless a later enacted statute, which is chaptered before
that date, deletes or extends that date. The director shall notify
the Chief Clerk of the Assembly in writing of the date this section
is repealed and the Chief Clerk shall publish the notification in the
Assembly Journal.


1597.20.  The Legislature finds and declares all of the following:
   (a) There is a critical need to increase opportunities for
children to engage in positive activities during after school hours.
   (b) There is a need for staff with the capacity to make after
school programs interesting and relevant for schoolage children.
   (c) California's juvenile incarceration rate is twice the national
average and has increased 65 percent since 1975.
   (d) Twice as many California young people were victims of homicide
in 1990 than in 1974.
   (e) Compared to 1960, American children spend an average of 10 to
12 fewer hours per week with their parents.



1597.21.  The following requirements shall apply to schoolage day
care centers:
   (a) The State Department of Social Services shall permit the
substitution of 20 training hours for each required unit of
education.
   (b) In addition to an administration course consisting of three
units or 60 training hours and three units or 60 training hours in
early childhood education, child development, or schoolage child
courses, the site director may, as an alternative to existing
regulations, complete nine core units or 180 training hours from the
following:
   (1) Recreation, which includes, but is not limited to, art, music,
and dance.
   (2) Physical education, which includes, but is not limited to,
indoor and outdoor sports activities.
   (3) Human services and social welfare, which includes, but is not
limited to, nursing, psychology, sociology, or home economics.
   (4) Units earned toward an elementary or middle school teaching
credential.
   (5) Early childhood education, child development, or schoolage
child units.
   A director is required to complete 12 units or 240 training hours
prior to employment. The remaining three units must be completed
within one year of employment.
   (c) The State Department of Social Services shall expand the list
of college degrees that satisfy current site director educational
requirements to include degrees in recreation, physical education,
human services, and social welfare, as described in paragraph (3) of
subdivision (b), and education, as described in paragraphs (2) and
(4) of subdivision (b).
   (d) As an alternative to satisfying the educational requirements
of teachers contained in the regulations, a teacher may substitute 12
units or 240 training hours in any combination of the following:
   (1) Recreation, which includes, but is not limited to, art, music,
and dance.
   (2) Physical education, which includes, but is not limited to,
indoor and outdoor sports activities.
   (3) Human services and social welfare, which includes, but is not
limited to, nursing, psychology, sociology, or home economics.
   (4) Units earned toward an elementary or middle school teaching
credential.
   (5) Early childhood education, child development, or schoolage
child units.
   A teacher is required to complete six units or 120 training hours
prior to employment.
   (e) The department shall accept the following alternative types of
experience for site directors and teachers, if the experience was
obtained working directly with children: classroom teaching or
teacher assisting experience in elementary or middle school
education; paid or volunteer work experience in physical education or
recreation programs; college work-study or internship in recreation
or youth development; paid or volunteer work experience in human
services as described in paragraph (3) of subdivision (b); or paid or
volunteer work experience in school guidance or in other counseling
programs.
   (f) In addition to existing approved sources of education, the
following are approved sources of education that may be used to
satisfy the education required of staff at a schoolage child care
center:
   (1) Vocational school training in recreation, physical education,
human services, social welfare, and education as described in
subdivisions (b) and (d).
   (2) Professional training that qualifies as continuing education
credits in the child care or elementary education area.
   (3) Standard training programs that are provided by statewide or
nationally recognized or community-based youth service organizations
and offered or approved by an accredited educational institution or
the Commission on Teacher Credentialing.
   (g) Upon the receipt of a completed application for a license to
operate a schoolage day care program at a functioning schoolsite from
an organization that is currently licensed to operate a schoolage
day care program at another site, the department shall have 30 days
to make a final determination on whether to issue a license to
operate the program. A functioning schoolsite shall meet the
requirements of paragraphs (1) and (2) of subdivision (a) of Section
1596.806.
   (h) (1) If the department, for any reason, is unable to comply
with subdivision (g), it shall, within 30 days of the receipt of the
application described in subdivision (g), grant a provisional license
to the applicant to operate for a period not to exceed six months.
The provisional license shall be granted provided the department has
conducted a site visit and has not found any life safety risks, the
criminal records clearances are complete, and the school fire
inspection has been verified. The requirement for criminal records
clearances may be satisfied by transfer of current criminal records
clearances, pursuant to subdivision (g) of Section 1596.871. For
purposes of a schoolage day care program operating on a functioning
schoolsite, the school fire inspection shall be accepted as
sufficient fire clearance.
   (2) While a provisional license is in effect, the department shall
continue its investigation and shall make a final determination on
the application prior to the expiration of the provisional license.
If the department does not issue a provisional license pursuant to
paragraph (1), the department shall follow the procedures for
notifying applicants as set forth in subdivision (d) of Section
1596.96.


State Codes and Statutes

Statutes > California > Hsc > 1597.05-1597.21

HEALTH AND SAFETY CODE
SECTION 1597.05-1597.21



1597.05.  (a) Licensing reviews of a child day care center shall be
limited to health and safety considerations and shall not include any
reviews of the content of any educational or training program of the
facility.
   (b) A licensee shall have 30 days after the employment of a staff
person or enrollment of a child to secure records requiring
information from sources not in the control of the licensee, staff
person, or child. An extension can be granted where the licensee can
demonstrate that further delays are beyond the control of the
licensee. No additional onsite inspections for the purpose of
checking completion of the designated records shall be made during
the 30-day period.
   "Records," for the purposes of this subdivision, mean those types
of records requiring information from sources not in the control of
the facilities, and include, but are not limited to, all of the
following:
   (1) Physical examination reports by physicians and surgeons.
   (2) Confirmation of required immunizations.
   (3) Submission of official data describing the educational
qualifications of the facility staff.
   (c) Within 90 days of employing a facility director, a licensee
shall secure verification that the facility director has completed an
orientation given by the department and shall maintain a copy of
that verification.


1597.055.  (a) Notwithstanding any other educational requirements, a
person may be hired as a teacher in a day care center if he or she
satisfies all of the following conditions:
   (1) Is 18 years of age or older.
   (2) Possesses a regional occupation program certificate of
training in child care occupations issued by a regional occupational
program which is accredited by the Western Association of Schools and
Colleges.
   (3) Has completed at least 95 hours of classroom instruction in
child care and development and child care occupations and at least
150 hours in supervised field experience in a licensed day care
center or comparable group child care program.
   (b) Subsequent to being hired pursuant to subdivision (a), a
teacher shall make satisfactory progress towards meeting the
educational requirement for a fully qualified teacher, as specified
in departmental regulations. For purposes of this section,
"satisfactory progress" shall mean completion, with passing grades,
of a minimum of two units each semester or the equivalent number of
units each quarter until the educational requirement is satisfied.
Six of the required semester or equivalent number of quarter units of
early childhood education from an accredited university or college
shall be completed during the next two consecutive regular semesters
or equivalent quarters.
   (c) A teacher hired pursuant to this section shall not be exempt
from satisfying any other noneducation requirements imposed by law on
teachers in day care centers and shall have on-site supervision by a
fully qualified teacher until six of the units specified in
subdivision (b) are completed.



1597.056.  Notwithstanding any other educational requirements, a
person may be hired to provide extended day care for children of a
given grade level in a day care center if the person is otherwise
qualified to be hired by a school district to teach children of that
grade level.



1597.057.  Any requirement established by the department, pursuant
to Article 1 (commencing with Section 1596.70) of Chapter 3.4, that
coursework in early childhood education or child development, or
both, be completed in order to fully qualify as a day care center
teacher, may be satisfied with a valid child development associate
credential issued by the Child Development Associate National
Credentialing Program for a center-based setting with a preschool age
level or infant/toddler age level endorsement. The preschool age
level endorsement shall qualify the holder of the credential as a day
care center teacher for ages three to five, inclusive, and the
infant/toddler age level endorsement shall qualify the holder of the
credential as a day care center teacher for up to, and including, age
two.
   The child development associate credential used to qualify
individuals as day care center teachers shall involve standards that
are no less stringent than those in effect on January 1, 1988.



1597.059.  (a) The State Department of Social Services shall adopt
guidelines and procedures to permit an aide to assist a fully
qualified child care teacher in the supervision of up to 18 preschool
age children, with the requirement that the aide shall complete at
least two accredited postsecondary semester units or equivalent
quarter units of early childhood education or child development per
semester or quarter, commencing with the first semester or quarter
following initial employment and continuing until six units have been
completed.
   (b) For purposes of this section, "preschool age children" means
children who are enrolled in a child day care center licensed by the
department and who are not enrolled in either an infant care center
or a schoolage child day care center, as these terms are defined in
Title 22 of the California Code of Regulations.
   (c) This section shall not become operative prior to June 30,
1993.


1597.07.  The department shall require of every licensee a written
policy statement which shall include names and qualifications of all
current employees, admission policies, program philosophy, the
location and telephone number of the nearest local office responsible
for child day care licensing, disciplinary practices, and the
licensee's policy and practice regarding preventive health and care
of children with non-life-endangering illnesses. The facility shall
retain an affidavit signed by the parent or guardian of every child
in the facility indicating he or she has read this statement. The
licensee shall also provide to all parents, at the consent of the
parents involved, a list of parents of children served by the
facility.



1597.08.  All site visits shall be unannounced.



1597.09.  (a) Each licensed child day care center shall be subject
to unannounced visits by the department. The department shall visit
these facilities as often as necessary to ensure the quality of care
provided.
   (b) The department shall conduct an annual unannounced visit to a
licensed child day care center under any of the following
circumstances:
   (1) When a license is on probation.
   (2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
   (3) When an accusation against a licensee is pending.
   (4) In order to verify that a person who has been ordered out of a
child day care center by the department is no longer at the
facility.
   (c) (1) The department shall conduct an annual unannounced visit
to no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
   (2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
   (d) Under no circumstance shall the department visit a licensed
child day care center less often than once every five years.



1597.091.  (a) In addition to the visits required by Section
1597.09, the department shall annually make unannounced spot visits
to 20 percent of all child day care centers licensed under this
chapter, except schoolage child day care centers. The unannounced
visits may be made at any time during the facility's business hours.
At no time shall other site visit requirements described by this
section prevent a timely site visit response to a complaint as
required by Section 1596.853.
   (b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.



1597.11.  The department shall notify the State Department of
Education when a child care or development facility licensed pursuant
to this chapter is found to have licensing violations which the
department has determined, by regulation, to endanger the health and
safety of the children receiving care. This notification shall be
made no later than 15 days after the finding of the violation or
violations.



1597.13.  The department and any local agency with which it
contracts for the licensing of day care centers shall grant or deny
an application for license within 30 days after receipt of all
appropriate licensing application materials, as determined by the
department, after a site visit has been completed and the facility
has been found to be in compliance with licensing standards. The
department shall conduct an initial site visit within 30 days after
the receipt of all appropriate licensing application materials.



1597.14.  (a) Notwithstanding Section 1596.858, in the event of a
sale of a licensed child day care center where the sale will result
in a new license being issued, the sale and transfer of property and
business shall be subject to both of the following:
   (1) The licensee shall provide written notice to the department
and to the child's parent or his or her legal guardian of the
licensee's intent to sell the child day care center at least 30 days
prior to the transfer of the property or business, or at the time
that a bona fide offer is made, whichever period is longer.
   (2) The licensee shall, prior to entering into an admission
agreement, inform the child's parent or his or her legal guardian,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
   (b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
   (1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a child
day care center. The seller shall send a copy of this written notice
to the licensing agency.
   (2) The prospective buyer shall submit an application for a
license, as specified in Section 1596.95, within five days of the
acceptance of the offer by the seller.
   (c) No transfer of the facility shall be permitted until 30 days
have elapsed from the date when notice has been provided to the
department pursuant to paragraph (1) of subdivision (a).
   (d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business. The department
shall make a decision within 60 days after a complete application is
submitted on whether to issue a license pursuant to Section 1596.95.
   (e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.


1597.15.  (a) The director shall authorize the University of
California to conduct a pilot project pursuant to this section for a
period not to extend 24 months beyond the date that funding is
available for expenditure for the pilot project. The purpose of the
pilot project is to test the feasibility of permitting family day
care home providers and child day care center staff to undertake
gastric tube feeding or the administration of medication through
nebulizers under the conditions and with the precautions specified in
subdivision (c).
   (b) Notwithstanding any other provision of law, upon authorization
from the director pursuant to subdivision (a), child day care center
and family day care home licensees and staff selected by the
principal investigator of the pilot project, to be known as the
Access Project, or his or her staff shall be authorized to undertake
gastrostomy tube feeding or the administration of medication through
nebulizers on children enrolled in their facilities.
   (c) For the purposes of the pilot project, the following
precautions shall be taken:
   (1) The principal investigator selected by the University of
California shall be a person who is licensed to practice medicine in
the state and is experienced in supervising programs in which
nonmedical personnel perform minor health procedures.
   (2) The availability of, and interaction with, experienced nurses
with appropriate experience, as determined by the principal
investigator, shall be part of the study design.
   (3) Only children with explicit and signed permission from their
personal physicians shall be included in the pilot project.
   (d) The University of California shall notify the department of
any family day care provider or child day care center staff selected
to participate in the training and procedures described in
subdivision (b) prior to undertaking these procedures.
   (e) Eighteen months after the date funding for the proposed pilot
became available for expenditure, the principal investigator of the
Access Project shall submit an evaluation of the project to the
Assembly Human Services Committee and the Senate Health and Human
Services Committee of the Legislature. In preparing the evaluation,
the Access Project shall consult with representatives from the State
Department of Health Services, the department, family day care
associations, family resource centers and networks, the child care
center provider community, and child care resource and referral
agencies. The principal investigator of the Access Project shall
consult with the department to determine the additional data
necessary for the department to make use of the evaluation. The
evaluation shall include, but not be limited to, all of the
following:
   (1) The number of family day care home providers who participated
in the project, with information identifying the procedure the
provider was trained in and his or her licensed capacity and actual
enrollment.
   (2) The number of child day care center staff who participated in
the project, with information identifying the procedure the staff was
trained in, the licensed capacity and actual enrollment of the
program, and the number of staff overall.
   (3) The number of children who were able to be served in licensed
child care programs with trained family day care home providers or
child day care center staff.
   (4) Overall impressions, problems encountered, and satisfaction
with the pilot project by providers and staff.
   (5) Overall impressions, problems encountered, and satisfaction
with the pilot project by parents and children.
   (6) Overall impressions, problems encountered, and satisfaction
with the pilot project by licensing staff.
   (7) Overall impressions, problems encountered, and satisfaction
with the pilot project by those providing the training, backup, and
monitoring, of a nonlicensing nature.
   (8) Input from providers, staff, trainers, parents, and children
as appropriate about the effectiveness of the pilot project.
   (9) An assessment of the adequacy of the training, including
curriculum and core competencies for the health care procedures
taught; teaching methods used in the project; and the quality of
health care procedures provided, including errors and incidents.
   (10) The impact on health and safety from engaging in these
procedures on the child needing the procedure and the other children
and staff in the program, where measurable.
   (11) The impact of the pilot project on increasing the ability of
child care programs to serve children with special health needs.
   (12) The number of nurse visits required for initial placement in
the child care setting.
   (13) The need for a nurse with appropriate experience, as
determined by the principal investigator, after placement is arranged
and initiated as an adjunct to support each child's own physician or
physicians.
   (14) The cost of providing the training and services.
   (15) Recommendations as to whether the pilot project should be
expanded to enable family day care home providers and child day care
center staff throughout the state to undertake these procedures and
under what specific conditions, with accompanying rationales.
   (16) Recommendations for other possible procedures to be
authorized in a pilot project with the reasons for those
recommendations.
   (17) The cost of the care provided in the project, the likely cost
of the care if performed by the child day care licensees or staff
pursuant to the project, and the cost for provision of that care by
the child's current care providers, specifically including the cost
of nursing services.
   (18) The number of Medi-Cal recipients participating in the
project.
   (f) No provision of this section applies to the Regents of the
University of California unless the Regents, by appropriate
resolution, make it applicable. It is the intent of the Legislature
that the project be funded from non-General Fund resources.
   (g) This section shall remain in effect only until two years from
the date funding is available for expenditure for the pilot project
established pursuant to this section and as of that date shall be
repealed, unless a later enacted statute, which is chaptered before
that date, deletes or extends that date. The director shall notify
the Chief Clerk of the Assembly in writing of the date this section
is repealed and the Chief Clerk shall publish the notification in the
Assembly Journal.


1597.20.  The Legislature finds and declares all of the following:
   (a) There is a critical need to increase opportunities for
children to engage in positive activities during after school hours.
   (b) There is a need for staff with the capacity to make after
school programs interesting and relevant for schoolage children.
   (c) California's juvenile incarceration rate is twice the national
average and has increased 65 percent since 1975.
   (d) Twice as many California young people were victims of homicide
in 1990 than in 1974.
   (e) Compared to 1960, American children spend an average of 10 to
12 fewer hours per week with their parents.



1597.21.  The following requirements shall apply to schoolage day
care centers:
   (a) The State Department of Social Services shall permit the
substitution of 20 training hours for each required unit of
education.
   (b) In addition to an administration course consisting of three
units or 60 training hours and three units or 60 training hours in
early childhood education, child development, or schoolage child
courses, the site director may, as an alternative to existing
regulations, complete nine core units or 180 training hours from the
following:
   (1) Recreation, which includes, but is not limited to, art, music,
and dance.
   (2) Physical education, which includes, but is not limited to,
indoor and outdoor sports activities.
   (3) Human services and social welfare, which includes, but is not
limited to, nursing, psychology, sociology, or home economics.
   (4) Units earned toward an elementary or middle school teaching
credential.
   (5) Early childhood education, child development, or schoolage
child units.
   A director is required to complete 12 units or 240 training hours
prior to employment. The remaining three units must be completed
within one year of employment.
   (c) The State Department of Social Services shall expand the list
of college degrees that satisfy current site director educational
requirements to include degrees in recreation, physical education,
human services, and social welfare, as described in paragraph (3) of
subdivision (b), and education, as described in paragraphs (2) and
(4) of subdivision (b).
   (d) As an alternative to satisfying the educational requirements
of teachers contained in the regulations, a teacher may substitute 12
units or 240 training hours in any combination of the following:
   (1) Recreation, which includes, but is not limited to, art, music,
and dance.
   (2) Physical education, which includes, but is not limited to,
indoor and outdoor sports activities.
   (3) Human services and social welfare, which includes, but is not
limited to, nursing, psychology, sociology, or home economics.
   (4) Units earned toward an elementary or middle school teaching
credential.
   (5) Early childhood education, child development, or schoolage
child units.
   A teacher is required to complete six units or 120 training hours
prior to employment.
   (e) The department shall accept the following alternative types of
experience for site directors and teachers, if the experience was
obtained working directly with children: classroom teaching or
teacher assisting experience in elementary or middle school
education; paid or volunteer work experience in physical education or
recreation programs; college work-study or internship in recreation
or youth development; paid or volunteer work experience in human
services as described in paragraph (3) of subdivision (b); or paid or
volunteer work experience in school guidance or in other counseling
programs.
   (f) In addition to existing approved sources of education, the
following are approved sources of education that may be used to
satisfy the education required of staff at a schoolage child care
center:
   (1) Vocational school training in recreation, physical education,
human services, social welfare, and education as described in
subdivisions (b) and (d).
   (2) Professional training that qualifies as continuing education
credits in the child care or elementary education area.
   (3) Standard training programs that are provided by statewide or
nationally recognized or community-based youth service organizations
and offered or approved by an accredited educational institution or
the Commission on Teacher Credentialing.
   (g) Upon the receipt of a completed application for a license to
operate a schoolage day care program at a functioning schoolsite from
an organization that is currently licensed to operate a schoolage
day care program at another site, the department shall have 30 days
to make a final determination on whether to issue a license to
operate the program. A functioning schoolsite shall meet the
requirements of paragraphs (1) and (2) of subdivision (a) of Section
1596.806.
   (h) (1) If the department, for any reason, is unable to comply
with subdivision (g), it shall, within 30 days of the receipt of the
application described in subdivision (g), grant a provisional license
to the applicant to operate for a period not to exceed six months.
The provisional license shall be granted provided the department has
conducted a site visit and has not found any life safety risks, the
criminal records clearances are complete, and the school fire
inspection has been verified. The requirement for criminal records
clearances may be satisfied by transfer of current criminal records
clearances, pursuant to subdivision (g) of Section 1596.871. For
purposes of a schoolage day care program operating on a functioning
schoolsite, the school fire inspection shall be accepted as
sufficient fire clearance.
   (2) While a provisional license is in effect, the department shall
continue its investigation and shall make a final determination on
the application prior to the expiration of the provisional license.
If the department does not issue a provisional license pursuant to
paragraph (1), the department shall follow the procedures for
notifying applicants as set forth in subdivision (d) of Section
1596.96.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 1597.05-1597.21

HEALTH AND SAFETY CODE
SECTION 1597.05-1597.21



1597.05.  (a) Licensing reviews of a child day care center shall be
limited to health and safety considerations and shall not include any
reviews of the content of any educational or training program of the
facility.
   (b) A licensee shall have 30 days after the employment of a staff
person or enrollment of a child to secure records requiring
information from sources not in the control of the licensee, staff
person, or child. An extension can be granted where the licensee can
demonstrate that further delays are beyond the control of the
licensee. No additional onsite inspections for the purpose of
checking completion of the designated records shall be made during
the 30-day period.
   "Records," for the purposes of this subdivision, mean those types
of records requiring information from sources not in the control of
the facilities, and include, but are not limited to, all of the
following:
   (1) Physical examination reports by physicians and surgeons.
   (2) Confirmation of required immunizations.
   (3) Submission of official data describing the educational
qualifications of the facility staff.
   (c) Within 90 days of employing a facility director, a licensee
shall secure verification that the facility director has completed an
orientation given by the department and shall maintain a copy of
that verification.


1597.055.  (a) Notwithstanding any other educational requirements, a
person may be hired as a teacher in a day care center if he or she
satisfies all of the following conditions:
   (1) Is 18 years of age or older.
   (2) Possesses a regional occupation program certificate of
training in child care occupations issued by a regional occupational
program which is accredited by the Western Association of Schools and
Colleges.
   (3) Has completed at least 95 hours of classroom instruction in
child care and development and child care occupations and at least
150 hours in supervised field experience in a licensed day care
center or comparable group child care program.
   (b) Subsequent to being hired pursuant to subdivision (a), a
teacher shall make satisfactory progress towards meeting the
educational requirement for a fully qualified teacher, as specified
in departmental regulations. For purposes of this section,
"satisfactory progress" shall mean completion, with passing grades,
of a minimum of two units each semester or the equivalent number of
units each quarter until the educational requirement is satisfied.
Six of the required semester or equivalent number of quarter units of
early childhood education from an accredited university or college
shall be completed during the next two consecutive regular semesters
or equivalent quarters.
   (c) A teacher hired pursuant to this section shall not be exempt
from satisfying any other noneducation requirements imposed by law on
teachers in day care centers and shall have on-site supervision by a
fully qualified teacher until six of the units specified in
subdivision (b) are completed.



1597.056.  Notwithstanding any other educational requirements, a
person may be hired to provide extended day care for children of a
given grade level in a day care center if the person is otherwise
qualified to be hired by a school district to teach children of that
grade level.



1597.057.  Any requirement established by the department, pursuant
to Article 1 (commencing with Section 1596.70) of Chapter 3.4, that
coursework in early childhood education or child development, or
both, be completed in order to fully qualify as a day care center
teacher, may be satisfied with a valid child development associate
credential issued by the Child Development Associate National
Credentialing Program for a center-based setting with a preschool age
level or infant/toddler age level endorsement. The preschool age
level endorsement shall qualify the holder of the credential as a day
care center teacher for ages three to five, inclusive, and the
infant/toddler age level endorsement shall qualify the holder of the
credential as a day care center teacher for up to, and including, age
two.
   The child development associate credential used to qualify
individuals as day care center teachers shall involve standards that
are no less stringent than those in effect on January 1, 1988.



1597.059.  (a) The State Department of Social Services shall adopt
guidelines and procedures to permit an aide to assist a fully
qualified child care teacher in the supervision of up to 18 preschool
age children, with the requirement that the aide shall complete at
least two accredited postsecondary semester units or equivalent
quarter units of early childhood education or child development per
semester or quarter, commencing with the first semester or quarter
following initial employment and continuing until six units have been
completed.
   (b) For purposes of this section, "preschool age children" means
children who are enrolled in a child day care center licensed by the
department and who are not enrolled in either an infant care center
or a schoolage child day care center, as these terms are defined in
Title 22 of the California Code of Regulations.
   (c) This section shall not become operative prior to June 30,
1993.


1597.07.  The department shall require of every licensee a written
policy statement which shall include names and qualifications of all
current employees, admission policies, program philosophy, the
location and telephone number of the nearest local office responsible
for child day care licensing, disciplinary practices, and the
licensee's policy and practice regarding preventive health and care
of children with non-life-endangering illnesses. The facility shall
retain an affidavit signed by the parent or guardian of every child
in the facility indicating he or she has read this statement. The
licensee shall also provide to all parents, at the consent of the
parents involved, a list of parents of children served by the
facility.



1597.08.  All site visits shall be unannounced.



1597.09.  (a) Each licensed child day care center shall be subject
to unannounced visits by the department. The department shall visit
these facilities as often as necessary to ensure the quality of care
provided.
   (b) The department shall conduct an annual unannounced visit to a
licensed child day care center under any of the following
circumstances:
   (1) When a license is on probation.
   (2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
   (3) When an accusation against a licensee is pending.
   (4) In order to verify that a person who has been ordered out of a
child day care center by the department is no longer at the
facility.
   (c) (1) The department shall conduct an annual unannounced visit
to no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
   (2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
   (d) Under no circumstance shall the department visit a licensed
child day care center less often than once every five years.



1597.091.  (a) In addition to the visits required by Section
1597.09, the department shall annually make unannounced spot visits
to 20 percent of all child day care centers licensed under this
chapter, except schoolage child day care centers. The unannounced
visits may be made at any time during the facility's business hours.
At no time shall other site visit requirements described by this
section prevent a timely site visit response to a complaint as
required by Section 1596.853.
   (b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.



1597.11.  The department shall notify the State Department of
Education when a child care or development facility licensed pursuant
to this chapter is found to have licensing violations which the
department has determined, by regulation, to endanger the health and
safety of the children receiving care. This notification shall be
made no later than 15 days after the finding of the violation or
violations.



1597.13.  The department and any local agency with which it
contracts for the licensing of day care centers shall grant or deny
an application for license within 30 days after receipt of all
appropriate licensing application materials, as determined by the
department, after a site visit has been completed and the facility
has been found to be in compliance with licensing standards. The
department shall conduct an initial site visit within 30 days after
the receipt of all appropriate licensing application materials.



1597.14.  (a) Notwithstanding Section 1596.858, in the event of a
sale of a licensed child day care center where the sale will result
in a new license being issued, the sale and transfer of property and
business shall be subject to both of the following:
   (1) The licensee shall provide written notice to the department
and to the child's parent or his or her legal guardian of the
licensee's intent to sell the child day care center at least 30 days
prior to the transfer of the property or business, or at the time
that a bona fide offer is made, whichever period is longer.
   (2) The licensee shall, prior to entering into an admission
agreement, inform the child's parent or his or her legal guardian,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
   (b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
   (1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a child
day care center. The seller shall send a copy of this written notice
to the licensing agency.
   (2) The prospective buyer shall submit an application for a
license, as specified in Section 1596.95, within five days of the
acceptance of the offer by the seller.
   (c) No transfer of the facility shall be permitted until 30 days
have elapsed from the date when notice has been provided to the
department pursuant to paragraph (1) of subdivision (a).
   (d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business. The department
shall make a decision within 60 days after a complete application is
submitted on whether to issue a license pursuant to Section 1596.95.
   (e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.


1597.15.  (a) The director shall authorize the University of
California to conduct a pilot project pursuant to this section for a
period not to extend 24 months beyond the date that funding is
available for expenditure for the pilot project. The purpose of the
pilot project is to test the feasibility of permitting family day
care home providers and child day care center staff to undertake
gastric tube feeding or the administration of medication through
nebulizers under the conditions and with the precautions specified in
subdivision (c).
   (b) Notwithstanding any other provision of law, upon authorization
from the director pursuant to subdivision (a), child day care center
and family day care home licensees and staff selected by the
principal investigator of the pilot project, to be known as the
Access Project, or his or her staff shall be authorized to undertake
gastrostomy tube feeding or the administration of medication through
nebulizers on children enrolled in their facilities.
   (c) For the purposes of the pilot project, the following
precautions shall be taken:
   (1) The principal investigator selected by the University of
California shall be a person who is licensed to practice medicine in
the state and is experienced in supervising programs in which
nonmedical personnel perform minor health procedures.
   (2) The availability of, and interaction with, experienced nurses
with appropriate experience, as determined by the principal
investigator, shall be part of the study design.
   (3) Only children with explicit and signed permission from their
personal physicians shall be included in the pilot project.
   (d) The University of California shall notify the department of
any family day care provider or child day care center staff selected
to participate in the training and procedures described in
subdivision (b) prior to undertaking these procedures.
   (e) Eighteen months after the date funding for the proposed pilot
became available for expenditure, the principal investigator of the
Access Project shall submit an evaluation of the project to the
Assembly Human Services Committee and the Senate Health and Human
Services Committee of the Legislature. In preparing the evaluation,
the Access Project shall consult with representatives from the State
Department of Health Services, the department, family day care
associations, family resource centers and networks, the child care
center provider community, and child care resource and referral
agencies. The principal investigator of the Access Project shall
consult with the department to determine the additional data
necessary for the department to make use of the evaluation. The
evaluation shall include, but not be limited to, all of the
following:
   (1) The number of family day care home providers who participated
in the project, with information identifying the procedure the
provider was trained in and his or her licensed capacity and actual
enrollment.
   (2) The number of child day care center staff who participated in
the project, with information identifying the procedure the staff was
trained in, the licensed capacity and actual enrollment of the
program, and the number of staff overall.
   (3) The number of children who were able to be served in licensed
child care programs with trained family day care home providers or
child day care center staff.
   (4) Overall impressions, problems encountered, and satisfaction
with the pilot project by providers and staff.
   (5) Overall impressions, problems encountered, and satisfaction
with the pilot project by parents and children.
   (6) Overall impressions, problems encountered, and satisfaction
with the pilot project by licensing staff.
   (7) Overall impressions, problems encountered, and satisfaction
with the pilot project by those providing the training, backup, and
monitoring, of a nonlicensing nature.
   (8) Input from providers, staff, trainers, parents, and children
as appropriate about the effectiveness of the pilot project.
   (9) An assessment of the adequacy of the training, including
curriculum and core competencies for the health care procedures
taught; teaching methods used in the project; and the quality of
health care procedures provided, including errors and incidents.
   (10) The impact on health and safety from engaging in these
procedures on the child needing the procedure and the other children
and staff in the program, where measurable.
   (11) The impact of the pilot project on increasing the ability of
child care programs to serve children with special health needs.
   (12) The number of nurse visits required for initial placement in
the child care setting.
   (13) The need for a nurse with appropriate experience, as
determined by the principal investigator, after placement is arranged
and initiated as an adjunct to support each child's own physician or
physicians.
   (14) The cost of providing the training and services.
   (15) Recommendations as to whether the pilot project should be
expanded to enable family day care home providers and child day care
center staff throughout the state to undertake these procedures and
under what specific conditions, with accompanying rationales.
   (16) Recommendations for other possible procedures to be
authorized in a pilot project with the reasons for those
recommendations.
   (17) The cost of the care provided in the project, the likely cost
of the care if performed by the child day care licensees or staff
pursuant to the project, and the cost for provision of that care by
the child's current care providers, specifically including the cost
of nursing services.
   (18) The number of Medi-Cal recipients participating in the
project.
   (f) No provision of this section applies to the Regents of the
University of California unless the Regents, by appropriate
resolution, make it applicable. It is the intent of the Legislature
that the project be funded from non-General Fund resources.
   (g) This section shall remain in effect only until two years from
the date funding is available for expenditure for the pilot project
established pursuant to this section and as of that date shall be
repealed, unless a later enacted statute, which is chaptered before
that date, deletes or extends that date. The director shall notify
the Chief Clerk of the Assembly in writing of the date this section
is repealed and the Chief Clerk shall publish the notification in the
Assembly Journal.


1597.20.  The Legislature finds and declares all of the following:
   (a) There is a critical need to increase opportunities for
children to engage in positive activities during after school hours.
   (b) There is a need for staff with the capacity to make after
school programs interesting and relevant for schoolage children.
   (c) California's juvenile incarceration rate is twice the national
average and has increased 65 percent since 1975.
   (d) Twice as many California young people were victims of homicide
in 1990 than in 1974.
   (e) Compared to 1960, American children spend an average of 10 to
12 fewer hours per week with their parents.



1597.21.  The following requirements shall apply to schoolage day
care centers:
   (a) The State Department of Social Services shall permit the
substitution of 20 training hours for each required unit of
education.
   (b) In addition to an administration course consisting of three
units or 60 training hours and three units or 60 training hours in
early childhood education, child development, or schoolage child
courses, the site director may, as an alternative to existing
regulations, complete nine core units or 180 training hours from the
following:
   (1) Recreation, which includes, but is not limited to, art, music,
and dance.
   (2) Physical education, which includes, but is not limited to,
indoor and outdoor sports activities.
   (3) Human services and social welfare, which includes, but is not
limited to, nursing, psychology, sociology, or home economics.
   (4) Units earned toward an elementary or middle school teaching
credential.
   (5) Early childhood education, child development, or schoolage
child units.
   A director is required to complete 12 units or 240 training hours
prior to employment. The remaining three units must be completed
within one year of employment.
   (c) The State Department of Social Services shall expand the list
of college degrees that satisfy current site director educational
requirements to include degrees in recreation, physical education,
human services, and social welfare, as described in paragraph (3) of
subdivision (b), and education, as described in paragraphs (2) and
(4) of subdivision (b).
   (d) As an alternative to satisfying the educational requirements
of teachers contained in the regulations, a teacher may substitute 12
units or 240 training hours in any combination of the following:
   (1) Recreation, which includes, but is not limited to, art, music,
and dance.
   (2) Physical education, which includes, but is not limited to,
indoor and outdoor sports activities.
   (3) Human services and social welfare, which includes, but is not
limited to, nursing, psychology, sociology, or home economics.
   (4) Units earned toward an elementary or middle school teaching
credential.
   (5) Early childhood education, child development, or schoolage
child units.
   A teacher is required to complete six units or 120 training hours
prior to employment.
   (e) The department shall accept the following alternative types of
experience for site directors and teachers, if the experience was
obtained working directly with children: classroom teaching or
teacher assisting experience in elementary or middle school
education; paid or volunteer work experience in physical education or
recreation programs; college work-study or internship in recreation
or youth development; paid or volunteer work experience in human
services as described in paragraph (3) of subdivision (b); or paid or
volunteer work experience in school guidance or in other counseling
programs.
   (f) In addition to existing approved sources of education, the
following are approved sources of education that may be used to
satisfy the education required of staff at a schoolage child care
center:
   (1) Vocational school training in recreation, physical education,
human services, social welfare, and education as described in
subdivisions (b) and (d).
   (2) Professional training that qualifies as continuing education
credits in the child care or elementary education area.
   (3) Standard training programs that are provided by statewide or
nationally recognized or community-based youth service organizations
and offered or approved by an accredited educational institution or
the Commission on Teacher Credentialing.
   (g) Upon the receipt of a completed application for a license to
operate a schoolage day care program at a functioning schoolsite from
an organization that is currently licensed to operate a schoolage
day care program at another site, the department shall have 30 days
to make a final determination on whether to issue a license to
operate the program. A functioning schoolsite shall meet the
requirements of paragraphs (1) and (2) of subdivision (a) of Section
1596.806.
   (h) (1) If the department, for any reason, is unable to comply
with subdivision (g), it shall, within 30 days of the receipt of the
application described in subdivision (g), grant a provisional license
to the applicant to operate for a period not to exceed six months.
The provisional license shall be granted provided the department has
conducted a site visit and has not found any life safety risks, the
criminal records clearances are complete, and the school fire
inspection has been verified. The requirement for criminal records
clearances may be satisfied by transfer of current criminal records
clearances, pursuant to subdivision (g) of Section 1596.871. For
purposes of a schoolage day care program operating on a functioning
schoolsite, the school fire inspection shall be accepted as
sufficient fire clearance.
   (2) While a provisional license is in effect, the department shall
continue its investigation and shall make a final determination on
the application prior to the expiration of the provisional license.
If the department does not issue a provisional license pursuant to
paragraph (1), the department shall follow the procedures for
notifying applicants as set forth in subdivision (d) of Section
1596.96.