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 $66 $66
9-14 $127 $127
Day Care 1-30 $440 $220
Centers
31-60 $880 $440
61-75 $1,100 $550
76-90 $1,320 $660
91-120 $1,760 $880
121+ $2,200 $1,100
(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.
1596.808. (a) Commencing January 1, 2012, except as provided in
subdivisions (b) and (c), a licensed child day care facility shall
comply with all of the following requirements for beverages served by
the day care provider to children in the provider's care:
(1) Whenever milk is served, serve only lowfat (1 percent) milk or
nonfat milk to children two years of age or older.
(2) Limit juice to not more than one serving per day of
100-percent juice.
(3) Serve no beverages with added sweeteners, either natural or
artificial. "Beverages with added sweeteners" does not include infant
formula or complete balanced nutritional products designed for
children.
(4) Make clean and safe drinking water readily available and
accessible for consumption throughout the day.
(b) If a child has a medical necessity documented by a physician
that includes the need for "medical food" as defined by Section
109971 of the Health and Safety Code, a licensed child day care
facility shall be exempt from complying with the requirements of
subdivision (a), to the extent necessary to meet the medical needs of
that child.
(c) This section shall not apply to beverages at a licensed child
day care facility that are provided by a parent or legal guardian for
his or her child.
(d) As the Dietary Guidelines for Americans, published jointly by
the federal Department of Health and Human Services and the federal
Department of Agriculture, are updated every five years, the
department may adapt the provisions of this section by bulletin, as
necessary, so that the standards continue to reflect the most recent
relevant nutrition science and continue to improve the health of
children in child care.
(e) The department shall only determine compliance with this
section during a regularly scheduled, authorized inspection, and
shall not be required to conduct separate and independent visits.
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 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).
1596.818. (a) The department shall specify in its licensing report
all violations that, if not corrected, will have a direct and
immediate risk to the health, safety, or personal rights of children
in care.
(b) The department shall complete all complaint investigations and
place a note of final conclusion in the department's facility file,
consistent with the confidentiality requirements of Section 1596.853,
regardless of whether the licensee voluntarily surrendered his or
her license.
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.
(d) Information about the Healthy Schools Act of 2000 and
integrated pest management practices.
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 if 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 that 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.
(d) 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.
(e) 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. In addition, this
notice shall include information stating that the specified
registered sex offender database is available to the public via an
Internet Web site maintained by the Department of Justice as
www.meganslaw.ca.gov. 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) At the time of acceptance of each child into a child day care
facility after January 1, 2007, the licensee shall provide the child'
s parent or guardian with a copy of the Family Child Care Home
Notification of Parents' Rights provided by the State Department of
Social Services, which shall include information stating that the
specified registered sex offender database is available to the public
via an Internet Web site maintained by the Department of Justice as
www.meganslaw.ca.gov.
(f) Upon delivery of the Family Child Care Home Notification of
Parents' Rights required pursuant to subdivision (e) to a parent or
guardian, a provider is not required to provide any additional
information regarding the location and proximity of registered sex
offenders who reside in the community where the child care facility
or family day care home is located. The provision of the information
required by this section to parents and guardians of a child in their
care shall not subject the provider to any liability or cause of
action against the provider by a registered sex offender identified
in the database.
(g) 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 or other
public licensing document pertaining to the facility that documents a
facility visit, a substantiated complaint investigation, a
conference with a local licensing agency management representative
and the licensee in which issues of noncompliance are discussed, or a
copy of an accusation indicating the department's intent to revoke
the facility's license. An individual licensing report and other
licensing documents 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, with the telephone number of the local licensing office
included, will comply with the requirements of subparagraph (A):
"As a parent, you have the right to get information about any
substantiated or inconclusive complaints about a child care provider
that you select for your child. That information is public and you
can get it by calling the local licensing office. This telephone
number is ____."
(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 shall 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).
(c) (1) A licensed child day care facility shall provide to the
parents or guardians of each child receiving services in the facility
copies of any licensing report that documents any Type A citation
that represents an immediate risk to the health, safety, or personal
rights of children in care as set forth in paragraph (1) of
subdivision (a) of Section 1596.893b.
(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing report that the licensee has
received during the prior 12-month period that documents any Type A
citation that represents an immediate risk to the health, safety, or
personal rights of children in care as set forth in paragraph (1) of
subdivision (a) of Section 1596.893b.
(3) The licensee shall require each recipient of the licensing
report described in paragraph (1) pertaining to a complaint
investigation to sign a statement indicating that he or she has
received the document and the date it was received.
(4) The licensee shall keep verification of receipt in each child'
s file.
(d) (1) A licensed child day care facility shall provide to the
parents or legal guardians of each child receiving services in the
facility copies of any licensing document pertaining to a conference
conducted by a local licensing agency management representative with
the licensee in which issues of noncompliance are discussed.
(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing document that the licensee
has received during the prior 12-month period that pertains to a
conference conducted by a local licensing agency management
representative with the licensee in which issues of noncompliance are
discussed.
(3) The licensee shall require each recipient of the licensing
document pertaining to a conference to sign a statement indicating
that he or she has received the document and the date it was
received.
(4) The licensee shall keep verification of receipt in each child'
s file.
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 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 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 by the American Red Cross, 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 by the American Red Cross, 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 by the American Red Cross, 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) California Emergency Management Agency (Cal
EMA)
(3) Red Cross
(c) Nothing
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 $66 $66
9-14 $127 $127
Day Care 1-30 $440 $220
Centers
31-60 $880 $440
61-75 $1,100 $550
76-90 $1,320 $660
91-120 $1,760 $880
121+ $2,200 $1,100
(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.
1596.808. (a) Commencing January 1, 2012, except as provided in
subdivisions (b) and (c), a licensed child day care facility shall
comply with all of the following requirements for beverages served by
the day care provider to children in the provider's care:
(1) Whenever milk is served, serve only lowfat (1 percent) milk or
nonfat milk to children two years of age or older.
(2) Limit juice to not more than one serving per day of
100-percent juice.
(3) Serve no beverages with added sweeteners, either natural or
artificial. "Beverages with added sweeteners" does not include infant
formula or complete balanced nutritional products designed for
children.
(4) Make clean and safe drinking water readily available and
accessible for consumption throughout the day.
(b) If a child has a medical necessity documented by a physician
that includes the need for "medical food" as defined by Section
109971 of the Health and Safety Code, a licensed child day care
facility shall be exempt from complying with the requirements of
subdivision (a), to the extent necessary to meet the medical needs of
that child.
(c) This section shall not apply to beverages at a licensed child
day care facility that are provided by a parent or legal guardian for
his or her child.
(d) As the Dietary Guidelines for Americans, published jointly by
the federal Department of Health and Human Services and the federal
Department of Agriculture, are updated every five years, the
department may adapt the provisions of this section by bulletin, as
necessary, so that the standards continue to reflect the most recent
relevant nutrition science and continue to improve the health of
children in child care.
(e) The department shall only determine compliance with this
section during a regularly scheduled, authorized inspection, and
shall not be required to conduct separate and independent visits.
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 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).
1596.818. (a) The department shall specify in its licensing report
all violations that, if not corrected, will have a direct and
immediate risk to the health, safety, or personal rights of children
in care.
(b) The department shall complete all complaint investigations and
place a note of final conclusion in the department's facility file,
consistent with the confidentiality requirements of Section 1596.853,
regardless of whether the licensee voluntarily surrendered his or
her license.
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.
(d) Information about the Healthy Schools Act of 2000 and
integrated pest management practices.
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 if 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 that 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.
(d) 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.
(e) 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. In addition, this
notice shall include information stating that the specified
registered sex offender database is available to the public via an
Internet Web site maintained by the Department of Justice as
www.meganslaw.ca.gov. 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) At the time of acceptance of each child into a child day care
facility after January 1, 2007, the licensee shall provide the child'
s parent or guardian with a copy of the Family Child Care Home
Notification of Parents' Rights provided by the State Department of
Social Services, which shall include information stating that the
specified registered sex offender database is available to the public
via an Internet Web site maintained by the Department of Justice as
www.meganslaw.ca.gov.
(f) Upon delivery of the Family Child Care Home Notification of
Parents' Rights required pursuant to subdivision (e) to a parent or
guardian, a provider is not required to provide any additional
information regarding the location and proximity of registered sex
offenders who reside in the community where the child care facility
or family day care home is located. The provision of the information
required by this section to parents and guardians of a child in their
care shall not subject the provider to any liability or cause of
action against the provider by a registered sex offender identified
in the database.
(g) 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 or other
public licensing document pertaining to the facility that documents a
facility visit, a substantiated complaint investigation, a
conference with a local licensing agency management representative
and the licensee in which issues of noncompliance are discussed, or a
copy of an accusation indicating the department's intent to revoke
the facility's license. An individual licensing report and other
licensing documents 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, with the telephone number of the local licensing office
included, will comply with the requirements of subparagraph (A):
"As a parent, you have the right to get information about any
substantiated or inconclusive complaints about a child care provider
that you select for your child. That information is public and you
can get it by calling the local licensing office. This telephone
number is ____."
(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 shall 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).
(c) (1) A licensed child day care facility shall provide to the
parents or guardians of each child receiving services in the facility
copies of any licensing report that documents any Type A citation
that represents an immediate risk to the health, safety, or personal
rights of children in care as set forth in paragraph (1) of
subdivision (a) of Section 1596.893b.
(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing report that the licensee has
received during the prior 12-month period that documents any Type A
citation that represents an immediate risk to the health, safety, or
personal rights of children in care as set forth in paragraph (1) of
subdivision (a) of Section 1596.893b.
(3) The licensee shall require each recipient of the licensing
report described in paragraph (1) pertaining to a complaint
investigation to sign a statement indicating that he or she has
received the document and the date it was received.
(4) The licensee shall keep verification of receipt in each child'
s file.
(d) (1) A licensed child day care facility shall provide to the
parents or legal guardians of each child receiving services in the
facility copies of any licensing document pertaining to a conference
conducted by a local licensing agency management representative with
the licensee in which issues of noncompliance are discussed.
(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing document that the licensee
has received during the prior 12-month period that pertains to a
conference conducted by a local licensing agency management
representative with the licensee in which issues of noncompliance are
discussed.
(3) The licensee shall require each recipient of the licensing
document pertaining to a conference to sign a statement indicating
that he or she has received the document and the date it was
received.
(4) The licensee shall keep verification of receipt in each child'
s file.
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 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 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 by the American Red Cross, 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 by the American Red Cross, 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 by the American Red Cross, 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) California Emergency Management Agency (Cal
EMA)
(3) Red Cross
(c) Nothing
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 $66 $66
9-14 $127 $127
Day Care 1-30 $440 $220
Centers
31-60 $880 $440
61-75 $1,100 $550
76-90 $1,320 $660
91-120 $1,760 $880
121+ $2,200 $1,100
(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.
1596.808. (a) Commencing January 1, 2012, except as provided in
subdivisions (b) and (c), a licensed child day care facility shall
comply with all of the following requirements for beverages served by
the day care provider to children in the provider's care:
(1) Whenever milk is served, serve only lowfat (1 percent) milk or
nonfat milk to children two years of age or older.
(2) Limit juice to not more than one serving per day of
100-percent juice.
(3) Serve no beverages with added sweeteners, either natural or
artificial. "Beverages with added sweeteners" does not include infant
formula or complete balanced nutritional products designed for
children.
(4) Make clean and safe drinking water readily available and
accessible for consumption throughout the day.
(b) If a child has a medical necessity documented by a physician
that includes the need for "medical food" as defined by Section
109971 of the Health and Safety Code, a licensed child day care
facility shall be exempt from complying with the requirements of
subdivision (a), to the extent necessary to meet the medical needs of
that child.
(c) This section shall not apply to beverages at a licensed child
day care facility that are provided by a parent or legal guardian for
his or her child.
(d) As the Dietary Guidelines for Americans, published jointly by
the federal Department of Health and Human Services and the federal
Department of Agriculture, are updated every five years, the
department may adapt the provisions of this section by bulletin, as
necessary, so that the standards continue to reflect the most recent
relevant nutrition science and continue to improve the health of
children in child care.
(e) The department shall only determine compliance with this
section during a regularly scheduled, authorized inspection, and
shall not be required to conduct separate and independent visits.
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 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).
1596.818. (a) The department shall specify in its licensing report
all violations that, if not corrected, will have a direct and
immediate risk to the health, safety, or personal rights of children
in care.
(b) The department shall complete all complaint investigations and
place a note of final conclusion in the department's facility file,
consistent with the confidentiality requirements of Section 1596.853,
regardless of whether the licensee voluntarily surrendered his or
her license.
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.
(d) Information about the Healthy Schools Act of 2000 and
integrated pest management practices.
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 if 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 that 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.
(d) 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.
(e) 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. In addition, this
notice shall include information stating that the specified
registered sex offender database is available to the public via an
Internet Web site maintained by the Department of Justice as
www.meganslaw.ca.gov. 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) At the time of acceptance of each child into a child day care
facility after January 1, 2007, the licensee shall provide the child'
s parent or guardian with a copy of the Family Child Care Home
Notification of Parents' Rights provided by the State Department of
Social Services, which shall include information stating that the
specified registered sex offender database is available to the public
via an Internet Web site maintained by the Department of Justice as
www.meganslaw.ca.gov.
(f) Upon delivery of the Family Child Care Home Notification of
Parents' Rights required pursuant to subdivision (e) to a parent or
guardian, a provider is not required to provide any additional
information regarding the location and proximity of registered sex
offenders who reside in the community where the child care facility
or family day care home is located. The provision of the information
required by this section to parents and guardians of a child in their
care shall not subject the provider to any liability or cause of
action against the provider by a registered sex offender identified
in the database.
(g) 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 or other
public licensing document pertaining to the facility that documents a
facility visit, a substantiated complaint investigation, a
conference with a local licensing agency management representative
and the licensee in which issues of noncompliance are discussed, or a
copy of an accusation indicating the department's intent to revoke
the facility's license. An individual licensing report and other
licensing documents 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, with the telephone number of the local licensing office
included, will comply with the requirements of subparagraph (A):
"As a parent, you have the right to get information about any
substantiated or inconclusive complaints about a child care provider
that you select for your child. That information is public and you
can get it by calling the local licensing office. This telephone
number is ____."
(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 shall 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).
(c) (1) A licensed child day care facility shall provide to the
parents or guardians of each child receiving services in the facility
copies of any licensing report that documents any Type A citation
that represents an immediate risk to the health, safety, or personal
rights of children in care as set forth in paragraph (1) of
subdivision (a) of Section 1596.893b.
(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing report that the licensee has
received during the prior 12-month period that documents any Type A
citation that represents an immediate risk to the health, safety, or
personal rights of children in care as set forth in paragraph (1) of
subdivision (a) of Section 1596.893b.
(3) The licensee shall require each recipient of the licensing
report described in paragraph (1) pertaining to a complaint
investigation to sign a statement indicating that he or she has
received the document and the date it was received.
(4) The licensee shall keep verification of receipt in each child'
s file.
(d) (1) A licensed child day care facility shall provide to the
parents or legal guardians of each child receiving services in the
facility copies of any licensing document pertaining to a conference
conducted by a local licensing agency management representative with
the licensee in which issues of noncompliance are discussed.
(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing document that the licensee
has received during the prior 12-month period that pertains to a
conference conducted by a local licensing agency management
representative with the licensee in which issues of noncompliance are
discussed.
(3) The licensee shall require each recipient of the licensing
document pertaining to a conference to sign a statement indicating
that he or she has received the document and the date it was
received.
(4) The licensee shall keep verification of receipt in each child'
s file.
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 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 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 by the American Red Cross, 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 by the American Red Cross, 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 by the American Red Cross, 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) California Emergency Management Agency (Cal
EMA)
(3) Red Cross
(c) Nothing
