1597.30. The Legislature finds and declares:
(a) It has a responsibility to ensure the health and safety of
children in family homes that provide day care.
(b) That there are insufficient numbers of regulated family day
care homes in California.
(c) There will be a growing need for child day care facilities due
to the increase in working parents.
(d) Many parents prefer child day care located in their
neighborhoods in family homes.
(e) There should be a variety of child care settings, including
regulated family day care homes, as suitable alternatives for
parents.
(f) That the program to be operated by the state should be cost
effective, streamlined, and simple to administer in order to ensure
adequate care for children placed in family day care homes, while not
placing undue burdens on the providers.
(g) That the state should maintain an efficient program of
regulating family day care homes that ensures the provision of
adequate protection, supervision, and guidance to children in their
homes.
1597.36. The department shall provide written documentation to
providers of the need for repairs, renovations, or additions when
requested for an application for a loan guarantee pursuant to
subdivision (d) of Section 8277.6 of the Education Code whenever the
repairs, renovations, or additions are required by the department in
order for the licensee to maintain or obtain a license for more than
six children.
1597.40. (a) It is the intent of the Legislature that family day
care homes for children should be situated in normal residential
surroundings so as to give children the home environment which is
conducive to healthy and safe development. It is the public policy of
this state to provide children in a family day care home the same
home environment as provided in a traditional home setting.
The Legislature declares this policy to be of statewide concern
with the purpose of occupying the field to the exclusion of municipal
zoning, building and fire codes and regulations governing the use or
occupancy of family day care homes for children, except as
specifically provided for in this chapter, and to prohibit any
restrictions relating to the use of single-family residences for
family day care homes for children except as provided by this
chapter.
(b) Every provision in a written instrument entered into relating
to real property which purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of the real property for use or
occupancy as a family day care home for children, is void and every
restriction or prohibition in any such written instrument as to the
use or occupancy of the property as a family day care home for
children is void.
(c) Except as provided in subdivision (d), every restriction or
prohibition entered into, whether by way of covenant, condition upon
use or occupancy, or upon transfer of title to real property, which
restricts or prohibits directly, or indirectly limits, the
acquisition, use, or occupancy of such property for a family day care
home for children is void.
(d) (1) A prospective family day care home provider, who resides
in a rental property, shall provide 30 days' written notice to the
landlord or owner of the rental property prior to the commencement of
operation of the family day care home.
(2) For family day care home providers who have relocated an
existing licensed family day care home program to a rental property
on or after January 1, 1997, less than 30 days' written notice may be
provided in cases where the department approves the operation of the
new location of the family day care home in less than 30 days, or
the home is licensed in less than 30 days, in order that service to
the children served in the former location not be interrupted.
(3) A family day care home provider in operation on rental or
leased property as of January 1, 1997, shall notify the landlord or
property owner in writing at the time of the annual license fee
renewal, or by March 31, 1997, whichever occurs later.
(4) Notwithstanding any other provision of law, upon commencement
of, or knowledge of, the operation of a family day care home on his
or her property, the landlord or property owner may require the
family day care home provider to pay an increased security deposit
for operation of the family day care home. The increase in deposit
may be required notwithstanding that a lesser amount is required of
tenants who do not operate family day care homes. In no event,
however, shall the total security deposit charged exceed the maximum
allowable under existing law.
(5) Section 1596.890 shall not apply to this subdivision.
1597.43. The Legislature finds and declares all of the following:
(a) Family day care homes operated under the standards of state
law constitute accessory uses of residentially zoned and occupied
properties and do not fundamentally alter the nature of the
underlying residential uses. Family day care homes draw clients and
vehicles to their sites during a limited time of day and do not
require the attendance of a large number of employees and equipment.
(b) The uses of congregate care facilities are distinguishable
from the uses of family day care homes operated under the standards
of state law. For purposes of this section, a "congregate care
facility" means a "residential facility," as defined in paragraph (1)
of subdivision (a) of Section 1502. Congregate care facilities are
used throughout the day and night, and the institutional uses of
these facilities are primary uses of the facilities, not accessory
uses, and draw a large number of employees, vehicles, and equipment
compared to that drawn to family day care homes.
(c) The expansion permitted for family day care homes by Sections
1597.44 and 1597.465 is not appropriate with respect to congregate
care facilities, or any other facilities with quasi-institutional
uses. Therefore, with these provisions, the Legislature does not
intend to alter the legal standards governing congregate care
facilities and these provisions are not intended to encourage, or be
a precedent for, changes in statutory and case law governing
congregate care facilities.
1597.44. A small family day care home may provide care for more
than six and up to eight children, without an additional adult
attendant, if all of the following conditions are met:
(a) At least one child is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.
(b) No more than two infants are cared for during any time when
more than six children are cared for.
(c) The licensee notifies each parent that the facility is caring
for two additional schoolage children and that there may be up to
seven or eight children in the home at one time.
(d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.
1597.45. All of the following shall apply to small family day care
homes:
(a) The use of single-family residence as a small family day care
home shall be considered a residential use of property for the
purposes of all local ordinances.
(b) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a small family day care home.
(c) Use of a single-family dwelling for purposes of a small family
day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law) or for purposes of local building codes.
(d) A small family day care home shall not be subject to Article 1
(commencing with Section 13100) or Article 2 (commencing with
Section 13140) of Chapter 1 of Part 2, except that a small family day
care home shall contain a fire extinguisher and smoke detector
device that meet standards established by the State Fire Marshal.
1597.46. All of the following shall apply to large family day care
homes:
(a) A city, county, or city and county shall not prohibit large
family day care homes on lots zoned for single-family dwellings, but
shall do one of the following:
(1) Classify these homes as a permitted use of residential
property for zoning purposes.
(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to any large family day care home that
complies with local ordinances prescribing reasonable standards,
restrictions, and requirements concerning spacing and concentration,
traffic control, parking, and noise control relating to those homes,
and complies with subdivision (e) and any regulations adopted by the
State Fire Marshal pursuant to that subdivision. Any noise standards
shall be consistent with local noise ordinances implementing the
noise element of the general plan and shall take into consideration
the noise level generated by children. The permit issued pursuant to
this paragraph shall be granted by the zoning administrator, or if
there is no zoning administrator by the person or persons designated
by the planning agency to grant these permits, upon the certification
without a hearing.
(3) Require any large family day care home to apply for a permit
to use a lot zoned for single-family dwellings. The zoning
administrator, or if there is no zoning administrator, the person or
persons designated by the planning agency to handle the use permits,
shall review and decide the applications. The use permit shall be
granted if the large family day care home complies with local
ordinances, if any, prescribing reasonable standards, restrictions,
and requirements concerning the following factors: spacing and
concentration, traffic control, parking, and noise control relating
to those homes, and complies with subdivision (e) and any regulations
adopted by the State Fire Marshal pursuant to that subdivision. Any
noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan and shall take
into consideration the noise levels generated by children. The local
government shall process any required permit as economically as
possible.
Fees charged for review shall not exceed the costs of the review
and permit process. An applicant may request a verification of fees,
and the city, county, or city and county shall provide the applicant
with a written breakdown within 45 days of the request. Beginning
July 1, 2007, the application form for large family day care home
permits shall include a statement of the applicant's right to request
the written fee verification.
Not less than 10 days prior to the date on which the decision will
be made on the application, the zoning administrator or person
designated to handle the use permits shall give notice of the
proposed use by mail or delivery to all owners shown on the last
equalized assessment roll as owning real property within a 100-foot
radius of the exterior boundaries of the proposed large family day
care home. A hearing on the application for a permit issued pursuant
to this paragraph shall not be held before a decision is made unless
a hearing is requested by the applicant or other affected person. The
applicant or other affected person may appeal the decision. The
appellant shall pay the cost, if any, of the appeal.
(b) In connection with any action taken pursuant to paragraph (2)
or (3) of subdivision (a), a city, county, or city and county shall
do all of the following:
(1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city and
county, including information about other permits that may be
required by other departments in the city, county, or city and
county, or by other public agencies. The city, county, or city and
county shall, upon request of any applicant, also provide information
about the anticipated length of time for reviewing and processing
the permit application.
(2) Upon the request of an applicant, provide information on the
breakdown of any individual fees charged in connection with the
issuance of the permit.
(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.
(c) A large family day care home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(d) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law), or for purposes of local building and fire
codes.
(e) Large family day care homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to
promote the fire and life safety of the children in these homes
adopted by the State Fire Marshal pursuant to this subdivision. The
State Fire Marshal shall adopt separate building standards
specifically relating to the subject of fire and life safety in large
family day care homes which shall be published in Title 24 of the
California Code of Regulations. These standards shall apply uniformly
throughout the state and shall include, but not be limited to: (1)
the requirement that a large family day care home contain a fire
extinguisher or smoke detector device, or both, which meets standards
established by the State Fire Marshal; (2) specification as to the
number of required exits from the home; and (3) specification as to
the floor or floors on which day care may be provided. Enforcement of
these provisions shall be in accordance with Sections 13145 and
13146. No city, county, city and county, or district shall adopt or
enforce any building ordinance or local rule or regulation relating
to the subject of fire and life safety in large family day care homes
which is inconsistent with those standards adopted by the State Fire
Marshal, except to the extent the building ordinance or local rule
or regulation applies to single-family residences in which day care
is not provided.
(f) The State Fire Marshal shall adopt the building standards
required in subdivision (d) and any other regulations necessary to
implement this section.
1597.465. A large family day care home may provide care for more
than 12 children and up to and including 14 children, if all of the
following conditions are met:
(a) At least one child is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.
(b) No more than three infants are cared for during any time when
more than 12 children are being cared for.
(c) The licensee notifies a parent that the facility is caring for
two additional schoolage children and that there may be up to 13 or
14 children in the home at one time.
(d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.
1597.467. (a) Whenever any licensee under this chapter has
reasonable cause to believe that a child in his or her care has
suffered any injury or has been subjected to any act of violence
while under the licensee's care, the licensee shall, as soon as
possible, report that injury or act of violence to the parent,
parents, or guardian of that child.
(b) (1) A report shall be made to the department by telephone or
fax during the department's normal business hours before the close of
the next working day following the occurrence during the operation
of a family day care home of any of the following events:
(A) Death of any child from any cause.
(B) Any injury to any child that requires medical treatment.
(C) Any unusual incident or child absence that threatens the
physical or emotional health or safety of any child.
(2) In addition to the report required pursuant to paragraph (1),
a written report shall be submitted to the department within seven
days following the occurrence of any events specified in paragraph
(1). The report shall contain all of the following information:
(A) Child's name, age, sex, and date of admission.
(B) Date and nature of the event.
(C) Attending physician's name and findings and treatment, if any.
(D) Disposition of the case.
(c) The department may develop the report form to be used for
reporting purposes pursuant to this section, and shall maintain all
reports filed under this section in a manner that allows the
department to report the data to the Legislature.
(d) The failure of a licensee to report, as prescribed by this
section, any injury of, or act of violence to, a child under the
licensee's care may be grounds for the suspension of his or her
license pursuant to this chapter, but shall not constitute a
misdemeanor.
(e) Nothing in this section shall relieve any licensee of any
obligation imposed by other law including, but not limited to, laws
relating to seeking medical attention for a child or reporting
suspected child abuse.
1597.47. The provisions of this chapter shall not be construed to
preclude any city, county, or other local public entity from placing
restrictions on building heights, setback, or lot dimensions of a
family day care facility as long as such restrictions are identical
to those applied to other single-family residences. The provisions of
this chapter shall not be construed to preclude the application to a
family day care facility for children of any local ordinance which
deals with health and safety, building standards, environmental
impact standards, or any other matter within the jurisdiction of a
local public entity. The provisions of this chapter also shall not be
construed to prohibit or restrict the abatement of nuisances by a
city, county, or city and county. However, such ordinance or nuisance
abatement shall not distinguish family day care facilities from
other single-family dwellings, except as otherwise provided in this
chapter.
1597.52. (a) Licensing reviews of a family day care home for
children shall be limited to health and safety considerations and
shall not include any reviews of the content of any educational or
training programs of the facility.
(b) No home shall be licensed or registered as a large family day
care home after January 1, 1984, unless the provider has at least one
year's experience as a regulated small family day care home operator
or as an administrator of a licensed day care center. The director
may waive this requirement upon a finding that the applicant has
sufficient qualifying experience.
1597.53. No family day care home for children shall be licensed
under Chapter 3 (commencing with Section 1500), but shall be subject
to licensure exclusively in accordance with this chapter and Chapter
3.4 (commencing with Section 1596.70) which shall apply to family day
care homes.
1597.531. (a) All family day care homes for children shall maintain
in force either liability insurance covering injury to clients and
guests in the amount of at least one hundred thousand dollars
($100,000) per occurrence and three hundred thousand dollars
($300,000) in the total annual aggregate, sustained on account of the
negligence of the licensee or its employees, or a bond in the
aggregate amount of three hundred thousand dollars ($300,000). In
lieu of the liability insurance or the bond, the family day care home
may maintain a file of affidavits signed by each parent with a child
enrolled in the home which meets the requirements of this
subdivision. The affidavit shall state that the parent has been
informed that the family day care home does not carry liability
insurance or a bond according to standards established by the state.
If the provider does not own the premises used as the family day care
home, the affidavit shall also state that the parent has been
informed that the liability insurance, if any, of the owner of the
property or the homeowners' association, as appropriate, may not
provide coverage for losses arising out of, or in connection with,
the operation of the family day care home, except to the extent that
the losses are caused by, or result from, an action or omission by
the owner of the property or the homeowners' association, for which
the owner of the property or the homeowners' association would
otherwise be liable under the law. These affidavits shall be on a
form provided by the department and shall be reviewed at each
licensing inspection.
(b) A family day care home that maintains liability insurance or a
bond pursuant to this section, and that provides care in premises
that are rented or leased or uses premises which share common space
governed by a homeowners' association, shall name the owner of the
property or the homeowners' association, as appropriate, as an
additional insured party on the liability insurance policy or bond if
all of the following conditions are met:
(1) The owner of the property or governing body of the homeowners'
association makes a written request to be added as an additional
insured party.
(2) The addition of the owner of the property or the homeowners'
association does not result in cancellation or nonrenewal of the
insurance policy or bond carried by the family day care home.
(3) Any additional premium assessed for this coverage is paid by
the owner of the property or the homeowners' association.
(c) As used in this section, "homeowners' association" means an
association of a common interest development, as defined in Section
1351 of the Civil Code.
1597.54. All family day care homes for children, shall apply for a
license under this chapter, except that any home which on June 28,
1981, had a valid and unexpired license to operate as a family day
care home for children under other provisions of law shall be deemed
to have a license under this chapter for the unexpired term of the
license at which time a new license may be issued upon fulfilling the
requirements of this chapter.
An applicant for licensure as a family day care home for children
shall file with the department, pursuant to its regulations, an
application on forms furnished by the department, which shall
include, but not be limited to, all of the following:
(a) A brief statement confirming that the applicant is financially
secure to operate a family day care home for children. The
department shall not require any other specific or detailed financial
disclosure.
(b) (1) Evidence that the small family day care home contains a
fire extinguisher or smoke detector device, or both, which meets
standards established by the State Fire Marshal under subdivision (d)
of Section 1597.45, or evidence that the large family day care home
meets the standards established by the State Fire Marshal under
subdivision (d) of Section 1597.46.
(2) Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months. The
documentation of these drills shall be maintained at the facility on
a form prepared by the department and shall include the date and
time of the drills.
(c) The fingerprints of any applicant of a family day care home
license, and any other adult, as required under subdivision (b) of
Section 1596.871.
(d) Evidence of a current tuberculosis clearance, as defined in
regulations that the department shall adopt, for any adult in the
home during the time that children are under care.
(e) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and Chapter 3.4 (commencing
with Section 1596.70) and the regulations adopted pursuant to those
chapters.
(f) Evidence satisfactory to the department that the applicant and
all other persons residing in the home are of reputable and
responsible character. The evidence shall include, but not be limited
to, a criminal record clearance pursuant to Section 1596.871,
employment history, and character references.
(g) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
(h) Other information as may be required by the department for the
proper administration and enforcement of the act.
1597.541. (a) The department shall adopt regulations regarding
age-appropriate immunization requirements for enrolled children for
family day care homes.
(b) All family day care homes for children shall maintain evidence
that enrolled children have met the age-appropriate immunization
requirements adopted pursuant to this section.
1597.542. (a) The Division of Child Care Licensing in the
department shall clearly differentiate degrees of violations of the
regulations adopted for purposes of this chapter by the impact upon
children in care.
(b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.55a. Every family day care home shall be subject to
unannounced visits by the department as provided in this section. The
department shall visit these facilities as often as necessary to
ensure the quality of care provided.
(a) The department shall conduct an announced site visit prior to
the initial licensing of the applicant.
(b) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(c) (1) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department visit a licensed
family day care home less often than once every five years.
(e) A public agency under contract with the department may make
spot checks if it does not result in any cost to the state. However,
spot checks shall not be required by the department.
(f) The department or licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in Section 1596.853.
(g) An unannounced site visit shall adhere to both of the
following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(h) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.
1597.55b. No site visits, unannounced visits, or spot checks, shall
be made under this chapter except as provided in this section.
(a) An announced site visit shall be required prior to the
licensing of the applicant.
(b) A public agency under contract with the department may make
spot checks if they do not result in any cost to the state. However,
spot checks shall not be required by the department.
(c) An unannounced site visit to all licensed family day care
homes shall be made annually and as often as necessary to ensure
compliance.
(d) The department or licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in Section 1596.853. At no time shall other site visit
requirements described by this section prevent a timely site visit
response to a complaint.
(e) The department shall annually make unannounced spot visits on
20 percent of all family day care homes for children licensed under
this chapter. The unannounced visits may be made at any time, and
shall be in addition to the visits required by subdivisions (b) and
(c).
(f) An unannounced site visit shall comply with both of the
following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(g) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.56. (a) The department shall notify a family day care home in
writing of all deficiencies in its compliance with this act and the
rules and regulations adopted pursuant to this act, and shall set a
reasonable length of time for compliance by the family day care home.
Upon a finding of noncompliance with a plan of correction, the
department may levy a civil penalty that shall be paid to the
department each day until the department finds the family day care
home in compliance.
(b) In developing a plan of correction, both the licensee and the
department shall give due consideration to the following factors:
(1) The gravity of the violation.
(2) The history of previous violations.
(3) The possibility of a threat to the health or safety of any
child in the facility.
(4) The number of children affected by the violation.
(5) The availability of equipment or personnel necessary to
correct the violation, if appropriate.
(c) The department shall ensure that the licensee's plan of
correction is verifiable and measurable. The plan of correction shall
specify what evidence is acceptable to establish that a deficiency
has been corrected. This evidence shall be included in the department'
s facility file.
(d) The department shall adopt regulations establishing procedures
for the imposition of civil penalties under this section.
1597.57. The department shall do all of the following:
(a) Develop and utilize one application form for all family day
care homes for children requesting a new license.
(b) Establish for parents a consumer education program annually on
the law and regulations governing family day care homes for children
under this chapter and the role of the state and other public
entities and local associations in relation to family day care homes
for children. In planning this program, the department shall seek the
assistance of other public entities and local associations.
(c) Administer an orientation program for new operators of family
day care homes for children that may be conducted directly by the
department or by contract with local governments or family day care
home associations.
1597.58. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil penalty.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) nor more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment or
both, as determined by the department. In no event shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and
1597.62 the department shall assess an immediate civil penalty of one
hundred fifty dollars ($150) per day per violation for any of the
following serious violations:
(1) Any violation that results in the injury, illness, or death of
a child.
(2) Absence of supervision, including, but not limited to, a child
left unattended, a child left alone with a person under 18 years of
age, and lack of supervision resulting in a child wandering away.
(3) Accessible bodies of water.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Sections 1596.852, 1596.853, 1597.55a and 1597.55b.
(6) The presence of an excluded person on the premises.
(d) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56 and
1597.62, any family day care home that is cited for repeating the
same violation of this chapter or Chapter 3.4 (commencing with
Section 1596.70), within 12 months of the first violation is subject
to an immediate civil penalty assessment of up to one hundred fifty
dollars ($150) and may be assessed up to fifty dollars ($50) for each
day the violation continues until the deficiency is corrected.
(e) Any family day care home that is assessed a civil penalty
under subdivision (d) that repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (d) shall
be assessed an immediate assessment of up to one hundred fifty
dollars ($150) and may be assessed up to one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(f) Notwithstanding any other provision of law, revenues received
by the state from the payment of civil penalties imposed on licensed
family day care homes pursuant to this chapter or Chapter 3.4
(commencing with Section 1596.70), shall be deposited in the Child
Health and Safety Fund, created pursuant to Chapter 4.6 (commencing
with Section 18285) of Part 6 of Division 9 of the Welfare and
Institutions Code, and shall be expended, upon appropriation by the
Legislature, pursuant to subdivision (f) of Section 18285 of the
Welfare and Institutions Code exclusively for the technical
assistance, orientation, training, and education of licensed family
day care home providers.
1597.59. The department and the local agencies with which it
contracts for the licensing of family day care homes for children
shall grant or deny a license to a family day care home for children
within 30 days after receipt of all appropriate licensing application
materials as determined by the department, provided both of the
following conditions are met:
(a) A site visit has been completed and the family day care home
has been found to be in compliance with licensing standards.
(b) The applicant and each person described by subdivision (b) of
Section 1596.871 has obtained a criminal record clearance, or been
granted a criminal record exemption by the department or the local
contracting agency.
The department shall conduct an initial site visit within 30 days
after the receipt of all appropriate licensing application materials.
1597.61. (a) When the department determines that a family day care
home for children is operating without a license and notifies the
unlicensed provider of the requirement for the license, the licensing
agency may issue a cease and desist order only if it finds and
documents that continued operation of the facility will be dangerous
to the health and safety of the children or if a license held by the
facility has been revoked by the department within two years
preceding the determination of unlicensed operation. In all other
cases where the licensing agency determines such a facility is
operating without a license and notifies the unlicensed provider of
the requirements for the license, the licensing agency may issue a
cease and desist order only if the unlicensed provider does not apply
for a license within a reasonable time after the notice.
(b) If an unlicensed family day care home fails to respond to a
cease and desist order issued pursuant to subdivision (a), or if the
department determines it necessary to protect the immediate health
and safety of the children, the licensing agency may bring an action
to enjoin such a home from continuing to operate pursuant to Section
1596.89.
(c) The district attorney of a county shall, upon application by
the department, institute and conduct the prosecution of any action
brought by the licensing agency against an unlicensed family day care
home located in that county.
1597.62. (a) The department may impose civil penalties of not less
than twenty-five dollars ($25) and not more than fifty dollars ($50)
per day per violation for uncorrected violations that present an
immediate or potential risk to the health and safety of children in
care. The penalties shall be imposed in accordance with Sections
1596.893b and 1597.56.
(b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.621. Family day care homes that, on December 31, 1983, have a
valid unexpired registration to operate as a family day care home for
children pursuant to Section 1597.62 in one of the pilot counties
shall be deemed to be issued a family day care license effective
January 1, 1984. Licensure pursuant to this section shall not require
a visit pursuant to the requirement set forth in subdivision (a) of
Section 1597.55. However, all other requirements of licensing shall
continue to be met. Complaint and revocation procedures may be
enforced.
1597.30. The Legislature finds and declares:
(a) It has a responsibility to ensure the health and safety of
children in family homes that provide day care.
(b) That there are insufficient numbers of regulated family day
care homes in California.
(c) There will be a growing need for child day care facilities due
to the increase in working parents.
(d) Many parents prefer child day care located in their
neighborhoods in family homes.
(e) There should be a variety of child care settings, including
regulated family day care homes, as suitable alternatives for
parents.
(f) That the program to be operated by the state should be cost
effective, streamlined, and simple to administer in order to ensure
adequate care for children placed in family day care homes, while not
placing undue burdens on the providers.
(g) That the state should maintain an efficient program of
regulating family day care homes that ensures the provision of
adequate protection, supervision, and guidance to children in their
homes.
1597.36. The department shall provide written documentation to
providers of the need for repairs, renovations, or additions when
requested for an application for a loan guarantee pursuant to
subdivision (d) of Section 8277.6 of the Education Code whenever the
repairs, renovations, or additions are required by the department in
order for the licensee to maintain or obtain a license for more than
six children.
1597.40. (a) It is the intent of the Legislature that family day
care homes for children should be situated in normal residential
surroundings so as to give children the home environment which is
conducive to healthy and safe development. It is the public policy of
this state to provide children in a family day care home the same
home environment as provided in a traditional home setting.
The Legislature declares this policy to be of statewide concern
with the purpose of occupying the field to the exclusion of municipal
zoning, building and fire codes and regulations governing the use or
occupancy of family day care homes for children, except as
specifically provided for in this chapter, and to prohibit any
restrictions relating to the use of single-family residences for
family day care homes for children except as provided by this
chapter.
(b) Every provision in a written instrument entered into relating
to real property which purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of the real property for use or
occupancy as a family day care home for children, is void and every
restriction or prohibition in any such written instrument as to the
use or occupancy of the property as a family day care home for
children is void.
(c) Except as provided in subdivision (d), every restriction or
prohibition entered into, whether by way of covenant, condition upon
use or occupancy, or upon transfer of title to real property, which
restricts or prohibits directly, or indirectly limits, the
acquisition, use, or occupancy of such property for a family day care
home for children is void.
(d) (1) A prospective family day care home provider, who resides
in a rental property, shall provide 30 days' written notice to the
landlord or owner of the rental property prior to the commencement of
operation of the family day care home.
(2) For family day care home providers who have relocated an
existing licensed family day care home program to a rental property
on or after January 1, 1997, less than 30 days' written notice may be
provided in cases where the department approves the operation of the
new location of the family day care home in less than 30 days, or
the home is licensed in less than 30 days, in order that service to
the children served in the former location not be interrupted.
(3) A family day care home provider in operation on rental or
leased property as of January 1, 1997, shall notify the landlord or
property owner in writing at the time of the annual license fee
renewal, or by March 31, 1997, whichever occurs later.
(4) Notwithstanding any other provision of law, upon commencement
of, or knowledge of, the operation of a family day care home on his
or her property, the landlord or property owner may require the
family day care home provider to pay an increased security deposit
for operation of the family day care home. The increase in deposit
may be required notwithstanding that a lesser amount is required of
tenants who do not operate family day care homes. In no event,
however, shall the total security deposit charged exceed the maximum
allowable under existing law.
(5) Section 1596.890 shall not apply to this subdivision.
1597.43. The Legislature finds and declares all of the following:
(a) Family day care homes operated under the standards of state
law constitute accessory uses of residentially zoned and occupied
properties and do not fundamentally alter the nature of the
underlying residential uses. Family day care homes draw clients and
vehicles to their sites during a limited time of day and do not
require the attendance of a large number of employees and equipment.
(b) The uses of congregate care facilities are distinguishable
from the uses of family day care homes operated under the standards
of state law. For purposes of this section, a "congregate care
facility" means a "residential facility," as defined in paragraph (1)
of subdivision (a) of Section 1502. Congregate care facilities are
used throughout the day and night, and the institutional uses of
these facilities are primary uses of the facilities, not accessory
uses, and draw a large number of employees, vehicles, and equipment
compared to that drawn to family day care homes.
(c) The expansion permitted for family day care homes by Sections
1597.44 and 1597.465 is not appropriate with respect to congregate
care facilities, or any other facilities with quasi-institutional
uses. Therefore, with these provisions, the Legislature does not
intend to alter the legal standards governing congregate care
facilities and these provisions are not intended to encourage, or be
a precedent for, changes in statutory and case law governing
congregate care facilities.
1597.44. A small family day care home may provide care for more
than six and up to eight children, without an additional adult
attendant, if all of the following conditions are met:
(a) At least one child is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.
(b) No more than two infants are cared for during any time when
more than six children are cared for.
(c) The licensee notifies each parent that the facility is caring
for two additional schoolage children and that there may be up to
seven or eight children in the home at one time.
(d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.
1597.45. All of the following shall apply to small family day care
homes:
(a) The use of single-family residence as a small family day care
home shall be considered a residential use of property for the
purposes of all local ordinances.
(b) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a small family day care home.
(c) Use of a single-family dwelling for purposes of a small family
day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law) or for purposes of local building codes.
(d) A small family day care home shall not be subject to Article 1
(commencing with Section 13100) or Article 2 (commencing with
Section 13140) of Chapter 1 of Part 2, except that a small family day
care home shall contain a fire extinguisher and smoke detector
device that meet standards established by the State Fire Marshal.
1597.46. All of the following shall apply to large family day care
homes:
(a) A city, county, or city and county shall not prohibit large
family day care homes on lots zoned for single-family dwellings, but
shall do one of the following:
(1) Classify these homes as a permitted use of residential
property for zoning purposes.
(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to any large family day care home that
complies with local ordinances prescribing reasonable standards,
restrictions, and requirements concerning spacing and concentration,
traffic control, parking, and noise control relating to those homes,
and complies with subdivision (e) and any regulations adopted by the
State Fire Marshal pursuant to that subdivision. Any noise standards
shall be consistent with local noise ordinances implementing the
noise element of the general plan and shall take into consideration
the noise level generated by children. The permit issued pursuant to
this paragraph shall be granted by the zoning administrator, or if
there is no zoning administrator by the person or persons designated
by the planning agency to grant these permits, upon the certification
without a hearing.
(3) Require any large family day care home to apply for a permit
to use a lot zoned for single-family dwellings. The zoning
administrator, or if there is no zoning administrator, the person or
persons designated by the planning agency to handle the use permits,
shall review and decide the applications. The use permit shall be
granted if the large family day care home complies with local
ordinances, if any, prescribing reasonable standards, restrictions,
and requirements concerning the following factors: spacing and
concentration, traffic control, parking, and noise control relating
to those homes, and complies with subdivision (e) and any regulations
adopted by the State Fire Marshal pursuant to that subdivision. Any
noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan and shall take
into consideration the noise levels generated by children. The local
government shall process any required permit as economically as
possible.
Fees charged for review shall not exceed the costs of the review
and permit process. An applicant may request a verification of fees,
and the city, county, or city and county shall provide the applicant
with a written breakdown within 45 days of the request. Beginning
July 1, 2007, the application form for large family day care home
permits shall include a statement of the applicant's right to request
the written fee verification.
Not less than 10 days prior to the date on which the decision will
be made on the application, the zoning administrator or person
designated to handle the use permits shall give notice of the
proposed use by mail or delivery to all owners shown on the last
equalized assessment roll as owning real property within a 100-foot
radius of the exterior boundaries of the proposed large family day
care home. A hearing on the application for a permit issued pursuant
to this paragraph shall not be held before a decision is made unless
a hearing is requested by the applicant or other affected person. The
applicant or other affected person may appeal the decision. The
appellant shall pay the cost, if any, of the appeal.
(b) In connection with any action taken pursuant to paragraph (2)
or (3) of subdivision (a), a city, county, or city and county shall
do all of the following:
(1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city and
county, including information about other permits that may be
required by other departments in the city, county, or city and
county, or by other public agencies. The city, county, or city and
county shall, upon request of any applicant, also provide information
about the anticipated length of time for reviewing and processing
the permit application.
(2) Upon the request of an applicant, provide information on the
breakdown of any individual fees charged in connection with the
issuance of the permit.
(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.
(c) A large family day care home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(d) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law), or for purposes of local building and fire
codes.
(e) Large family day care homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to
promote the fire and life safety of the children in these homes
adopted by the State Fire Marshal pursuant to this subdivision. The
State Fire Marshal shall adopt separate building standards
specifically relating to the subject of fire and life safety in large
family day care homes which shall be published in Title 24 of the
California Code of Regulations. These standards shall apply uniformly
throughout the state and shall include, but not be limited to: (1)
the requirement that a large family day care home contain a fire
extinguisher or smoke detector device, or both, which meets standards
established by the State Fire Marshal; (2) specification as to the
number of required exits from the home; and (3) specification as to
the floor or floors on which day care may be provided. Enforcement of
these provisions shall be in accordance with Sections 13145 and
13146. No city, county, city and county, or district shall adopt or
enforce any building ordinance or local rule or regulation relating
to the subject of fire and life safety in large family day care homes
which is inconsistent with those standards adopted by the State Fire
Marshal, except to the extent the building ordinance or local rule
or regulation applies to single-family residences in which day care
is not provided.
(f) The State Fire Marshal shall adopt the building standards
required in subdivision (d) and any other regulations necessary to
implement this section.
1597.465. A large family day care home may provide care for more
than 12 children and up to and including 14 children, if all of the
following conditions are met:
(a) At least one child is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.
(b) No more than three infants are cared for during any time when
more than 12 children are being cared for.
(c) The licensee notifies a parent that the facility is caring for
two additional schoolage children and that there may be up to 13 or
14 children in the home at one time.
(d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.
1597.467. (a) Whenever any licensee under this chapter has
reasonable cause to believe that a child in his or her care has
suffered any injury or has been subjected to any act of violence
while under the licensee's care, the licensee shall, as soon as
possible, report that injury or act of violence to the parent,
parents, or guardian of that child.
(b) (1) A report shall be made to the department by telephone or
fax during the department's normal business hours before the close of
the next working day following the occurrence during the operation
of a family day care home of any of the following events:
(A) Death of any child from any cause.
(B) Any injury to any child that requires medical treatment.
(C) Any unusual incident or child absence that threatens the
physical or emotional health or safety of any child.
(2) In addition to the report required pursuant to paragraph (1),
a written report shall be submitted to the department within seven
days following the occurrence of any events specified in paragraph
(1). The report shall contain all of the following information:
(A) Child's name, age, sex, and date of admission.
(B) Date and nature of the event.
(C) Attending physician's name and findings and treatment, if any.
(D) Disposition of the case.
(c) The department may develop the report form to be used for
reporting purposes pursuant to this section, and shall maintain all
reports filed under this section in a manner that allows the
department to report the data to the Legislature.
(d) The failure of a licensee to report, as prescribed by this
section, any injury of, or act of violence to, a child under the
licensee's care may be grounds for the suspension of his or her
license pursuant to this chapter, but shall not constitute a
misdemeanor.
(e) Nothing in this section shall relieve any licensee of any
obligation imposed by other law including, but not limited to, laws
relating to seeking medical attention for a child or reporting
suspected child abuse.
1597.47. The provisions of this chapter shall not be construed to
preclude any city, county, or other local public entity from placing
restrictions on building heights, setback, or lot dimensions of a
family day care facility as long as such restrictions are identical
to those applied to other single-family residences. The provisions of
this chapter shall not be construed to preclude the application to a
family day care facility for children of any local ordinance which
deals with health and safety, building standards, environmental
impact standards, or any other matter within the jurisdiction of a
local public entity. The provisions of this chapter also shall not be
construed to prohibit or restrict the abatement of nuisances by a
city, county, or city and county. However, such ordinance or nuisance
abatement shall not distinguish family day care facilities from
other single-family dwellings, except as otherwise provided in this
chapter.
1597.52. (a) Licensing reviews of a family day care home for
children shall be limited to health and safety considerations and
shall not include any reviews of the content of any educational or
training programs of the facility.
(b) No home shall be licensed or registered as a large family day
care home after January 1, 1984, unless the provider has at least one
year's experience as a regulated small family day care home operator
or as an administrator of a licensed day care center. The director
may waive this requirement upon a finding that the applicant has
sufficient qualifying experience.
1597.53. No family day care home for children shall be licensed
under Chapter 3 (commencing with Section 1500), but shall be subject
to licensure exclusively in accordance with this chapter and Chapter
3.4 (commencing with Section 1596.70) which shall apply to family day
care homes.
1597.531. (a) All family day care homes for children shall maintain
in force either liability insurance covering injury to clients and
guests in the amount of at least one hundred thousand dollars
($100,000) per occurrence and three hundred thousand dollars
($300,000) in the total annual aggregate, sustained on account of the
negligence of the licensee or its employees, or a bond in the
aggregate amount of three hundred thousand dollars ($300,000). In
lieu of the liability insurance or the bond, the family day care home
may maintain a file of affidavits signed by each parent with a child
enrolled in the home which meets the requirements of this
subdivision. The affidavit shall state that the parent has been
informed that the family day care home does not carry liability
insurance or a bond according to standards established by the state.
If the provider does not own the premises used as the family day care
home, the affidavit shall also state that the parent has been
informed that the liability insurance, if any, of the owner of the
property or the homeowners' association, as appropriate, may not
provide coverage for losses arising out of, or in connection with,
the operation of the family day care home, except to the extent that
the losses are caused by, or result from, an action or omission by
the owner of the property or the homeowners' association, for which
the owner of the property or the homeowners' association would
otherwise be liable under the law. These affidavits shall be on a
form provided by the department and shall be reviewed at each
licensing inspection.
(b) A family day care home that maintains liability insurance or a
bond pursuant to this section, and that provides care in premises
that are rented or leased or uses premises which share common space
governed by a homeowners' association, shall name the owner of the
property or the homeowners' association, as appropriate, as an
additional insured party on the liability insurance policy or bond if
all of the following conditions are met:
(1) The owner of the property or governing body of the homeowners'
association makes a written request to be added as an additional
insured party.
(2) The addition of the owner of the property or the homeowners'
association does not result in cancellation or nonrenewal of the
insurance policy or bond carried by the family day care home.
(3) Any additional premium assessed for this coverage is paid by
the owner of the property or the homeowners' association.
(c) As used in this section, "homeowners' association" means an
association of a common interest development, as defined in Section
1351 of the Civil Code.
1597.54. All family day care homes for children, shall apply for a
license under this chapter, except that any home which on June 28,
1981, had a valid and unexpired license to operate as a family day
care home for children under other provisions of law shall be deemed
to have a license under this chapter for the unexpired term of the
license at which time a new license may be issued upon fulfilling the
requirements of this chapter.
An applicant for licensure as a family day care home for children
shall file with the department, pursuant to its regulations, an
application on forms furnished by the department, which shall
include, but not be limited to, all of the following:
(a) A brief statement confirming that the applicant is financially
secure to operate a family day care home for children. The
department shall not require any other specific or detailed financial
disclosure.
(b) (1) Evidence that the small family day care home contains a
fire extinguisher or smoke detector device, or both, which meets
standards established by the State Fire Marshal under subdivision (d)
of Section 1597.45, or evidence that the large family day care home
meets the standards established by the State Fire Marshal under
subdivision (d) of Section 1597.46.
(2) Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months. The
documentation of these drills shall be maintained at the facility on
a form prepared by the department and shall include the date and
time of the drills.
(c) The fingerprints of any applicant of a family day care home
license, and any other adult, as required under subdivision (b) of
Section 1596.871.
(d) Evidence of a current tuberculosis clearance, as defined in
regulations that the department shall adopt, for any adult in the
home during the time that children are under care.
(e) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and Chapter 3.4 (commencing
with Section 1596.70) and the regulations adopted pursuant to those
chapters.
(f) Evidence satisfactory to the department that the applicant and
all other persons residing in the home are of reputable and
responsible character. The evidence shall include, but not be limited
to, a criminal record clearance pursuant to Section 1596.871,
employment history, and character references.
(g) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
(h) Other information as may be required by the department for the
proper administration and enforcement of the act.
1597.541. (a) The department shall adopt regulations regarding
age-appropriate immunization requirements for enrolled children for
family day care homes.
(b) All family day care homes for children shall maintain evidence
that enrolled children have met the age-appropriate immunization
requirements adopted pursuant to this section.
1597.542. (a) The Division of Child Care Licensing in the
department shall clearly differentiate degrees of violations of the
regulations adopted for purposes of this chapter by the impact upon
children in care.
(b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.55a. Every family day care home shall be subject to
unannounced visits by the department as provided in this section. The
department shall visit these facilities as often as necessary to
ensure the quality of care provided.
(a) The department shall conduct an announced site visit prior to
the initial licensing of the applicant.
(b) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(c) (1) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department visit a licensed
family day care home less often than once every five years.
(e) A public agency under contract with the department may make
spot checks if it does not result in any cost to the state. However,
spot checks shall not be required by the department.
(f) The department or licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in Section 1596.853.
(g) An unannounced site visit shall adhere to both of the
following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(h) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.
1597.55b. No site visits, unannounced visits, or spot checks, shall
be made under this chapter except as provided in this section.
(a) An announced site visit shall be required prior to the
licensing of the applicant.
(b) A public agency under contract with the department may make
spot checks if they do not result in any cost to the state. However,
spot checks shall not be required by the department.
(c) An unannounced site visit to all licensed family day care
homes shall be made annually and as often as necessary to ensure
compliance.
(d) The department or licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in Section 1596.853. At no time shall other site visit
requirements described by this section prevent a timely site visit
response to a complaint.
(e) The department shall annually make unannounced spot visits on
20 percent of all family day care homes for children licensed under
this chapter. The unannounced visits may be made at any time, and
shall be in addition to the visits required by subdivisions (b) and
(c).
(f) An unannounced site visit shall comply with both of the
following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(g) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.56. (a) The department shall notify a family day care home in
writing of all deficiencies in its compliance with this act and the
rules and regulations adopted pursuant to this act, and shall set a
reasonable length of time for compliance by the family day care home.
Upon a finding of noncompliance with a plan of correction, the
department may levy a civil penalty that shall be paid to the
department each day until the department finds the family day care
home in compliance.
(b) In developing a plan of correction, both the licensee and the
department shall give due consideration to the following factors:
(1) The gravity of the violation.
(2) The history of previous violations.
(3) The possibility of a threat to the health or safety of any
child in the facility.
(4) The number of children affected by the violation.
(5) The availability of equipment or personnel necessary to
correct the violation, if appropriate.
(c) The department shall ensure that the licensee's plan of
correction is verifiable and measurable. The plan of correction shall
specify what evidence is acceptable to establish that a deficiency
has been corrected. This evidence shall be included in the department'
s facility file.
(d) The department shall adopt regulations establishing procedures
for the imposition of civil penalties under this section.
1597.57. The department shall do all of the following:
(a) Develop and utilize one application form for all family day
care homes for children requesting a new license.
(b) Establish for parents a consumer education program annually on
the law and regulations governing family day care homes for children
under this chapter and the role of the state and other public
entities and local associations in relation to family day care homes
for children. In planning this program, the department shall seek the
assistance of other public entities and local associations.
(c) Administer an orientation program for new operators of family
day care homes for children that may be conducted directly by the
department or by contract with local governments or family day care
home associations.
1597.58. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil penalty.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) nor more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment or
both, as determined by the department. In no event shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and
1597.62 the department shall assess an immediate civil penalty of one
hundred fifty dollars ($150) per day per violation for any of the
following serious violations:
(1) Any violation that results in the injury, illness, or death of
a child.
(2) Absence of supervision, including, but not limited to, a child
left unattended, a child left alone with a person under 18 years of
age, and lack of supervision resulting in a child wandering away.
(3) Accessible bodies of water.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Sections 1596.852, 1596.853, 1597.55a and 1597.55b.
(6) The presence of an excluded person on the premises.
(d) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56 and
1597.62, any family day care home that is cited for repeating the
same violation of this chapter or Chapter 3.4 (commencing with
Section 1596.70), within 12 months of the first violation is subject
to an immediate civil penalty assessment of up to one hundred fifty
dollars ($150) and may be assessed up to fifty dollars ($50) for each
day the violation continues until the deficiency is corrected.
(e) Any family day care home that is assessed a civil penalty
under subdivision (d) that repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (d) shall
be assessed an immediate assessment of up to one hundred fifty
dollars ($150) and may be assessed up to one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(f) Notwithstanding any other provision of law, revenues received
by the state from the payment of civil penalties imposed on licensed
family day care homes pursuant to this chapter or Chapter 3.4
(commencing with Section 1596.70), shall be deposited in the Child
Health and Safety Fund, created pursuant to Chapter 4.6 (commencing
with Section 18285) of Part 6 of Division 9 of the Welfare and
Institutions Code, and shall be expended, upon appropriation by the
Legislature, pursuant to subdivision (f) of Section 18285 of the
Welfare and Institutions Code exclusively for the technical
assistance, orientation, training, and education of licensed family
day care home providers.
1597.59. The department and the local agencies with which it
contracts for the licensing of family day care homes for children
shall grant or deny a license to a family day care home for children
within 30 days after receipt of all appropriate licensing application
materials as determined by the department, provided both of the
following conditions are met:
(a) A site visit has been completed and the family day care home
has been found to be in compliance with licensing standards.
(b) The applicant and each person described by subdivision (b) of
Section 1596.871 has obtained a criminal record clearance, or been
granted a criminal record exemption by the department or the local
contracting agency.
The department shall conduct an initial site visit within 30 days
after the receipt of all appropriate licensing application materials.
1597.61. (a) When the department determines that a family day care
home for children is operating without a license and notifies the
unlicensed provider of the requirement for the license, the licensing
agency may issue a cease and desist order only if it finds and
documents that continued operation of the facility will be dangerous
to the health and safety of the children or if a license held by the
facility has been revoked by the department within two years
preceding the determination of unlicensed operation. In all other
cases where the licensing agency determines such a facility is
operating without a license and notifies the unlicensed provider of
the requirements for the license, the licensing agency may issue a
cease and desist order only if the unlicensed provider does not apply
for a license within a reasonable time after the notice.
(b) If an unlicensed family day care home fails to respond to a
cease and desist order issued pursuant to subdivision (a), or if the
department determines it necessary to protect the immediate health
and safety of the children, the licensing agency may bring an action
to enjoin such a home from continuing to operate pursuant to Section
1596.89.
(c) The district attorney of a county shall, upon application by
the department, institute and conduct the prosecution of any action
brought by the licensing agency against an unlicensed family day care
home located in that county.
1597.62. (a) The department may impose civil penalties of not less
than twenty-five dollars ($25) and not more than fifty dollars ($50)
per day per violation for uncorrected violations that present an
immediate or potential risk to the health and safety of children in
care. The penalties shall be imposed in accordance with Sections
1596.893b and 1597.56.
(b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.621. Family day care homes that, on December 31, 1983, have a
valid unexpired registration to operate as a family day care home for
children pursuant to Section 1597.62 in one of the pilot counties
shall be deemed to be issued a family day care license effective
January 1, 1984. Licensure pursuant to this section shall not require
a visit pursuant to the requirement set forth in subdivision (a) of
Section 1597.55. However, all other requirements of licensing shall
continue to be met. Complaint and revocation procedures may be
enforced.
1597.30. The Legislature finds and declares:
(a) It has a responsibility to ensure the health and safety of
children in family homes that provide day care.
(b) That there are insufficient numbers of regulated family day
care homes in California.
(c) There will be a growing need for child day care facilities due
to the increase in working parents.
(d) Many parents prefer child day care located in their
neighborhoods in family homes.
(e) There should be a variety of child care settings, including
regulated family day care homes, as suitable alternatives for
parents.
(f) That the program to be operated by the state should be cost
effective, streamlined, and simple to administer in order to ensure
adequate care for children placed in family day care homes, while not
placing undue burdens on the providers.
(g) That the state should maintain an efficient program of
regulating family day care homes that ensures the provision of
adequate protection, supervision, and guidance to children in their
homes.
1597.36. The department shall provide written documentation to
providers of the need for repairs, renovations, or additions when
requested for an application for a loan guarantee pursuant to
subdivision (d) of Section 8277.6 of the Education Code whenever the
repairs, renovations, or additions are required by the department in
order for the licensee to maintain or obtain a license for more than
six children.
1597.40. (a) It is the intent of the Legislature that family day
care homes for children should be situated in normal residential
surroundings so as to give children the home environment which is
conducive to healthy and safe development. It is the public policy of
this state to provide children in a family day care home the same
home environment as provided in a traditional home setting.
The Legislature declares this policy to be of statewide concern
with the purpose of occupying the field to the exclusion of municipal
zoning, building and fire codes and regulations governing the use or
occupancy of family day care homes for children, except as
specifically provided for in this chapter, and to prohibit any
restrictions relating to the use of single-family residences for
family day care homes for children except as provided by this
chapter.
(b) Every provision in a written instrument entered into relating
to real property which purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of the real property for use or
occupancy as a family day care home for children, is void and every
restriction or prohibition in any such written instrument as to the
use or occupancy of the property as a family day care home for
children is void.
(c) Except as provided in subdivision (d), every restriction or
prohibition entered into, whether by way of covenant, condition upon
use or occupancy, or upon transfer of title to real property, which
restricts or prohibits directly, or indirectly limits, the
acquisition, use, or occupancy of such property for a family day care
home for children is void.
(d) (1) A prospective family day care home provider, who resides
in a rental property, shall provide 30 days' written notice to the
landlord or owner of the rental property prior to the commencement of
operation of the family day care home.
(2) For family day care home providers who have relocated an
existing licensed family day care home program to a rental property
on or after January 1, 1997, less than 30 days' written notice may be
provided in cases where the department approves the operation of the
new location of the family day care home in less than 30 days, or
the home is licensed in less than 30 days, in order that service to
the children served in the former location not be interrupted.
(3) A family day care home provider in operation on rental or
leased property as of January 1, 1997, shall notify the landlord or
property owner in writing at the time of the annual license fee
renewal, or by March 31, 1997, whichever occurs later.
(4) Notwithstanding any other provision of law, upon commencement
of, or knowledge of, the operation of a family day care home on his
or her property, the landlord or property owner may require the
family day care home provider to pay an increased security deposit
for operation of the family day care home. The increase in deposit
may be required notwithstanding that a lesser amount is required of
tenants who do not operate family day care homes. In no event,
however, shall the total security deposit charged exceed the maximum
allowable under existing law.
(5) Section 1596.890 shall not apply to this subdivision.
1597.43. The Legislature finds and declares all of the following:
(a) Family day care homes operated under the standards of state
law constitute accessory uses of residentially zoned and occupied
properties and do not fundamentally alter the nature of the
underlying residential uses. Family day care homes draw clients and
vehicles to their sites during a limited time of day and do not
require the attendance of a large number of employees and equipment.
(b) The uses of congregate care facilities are distinguishable
from the uses of family day care homes operated under the standards
of state law. For purposes of this section, a "congregate care
facility" means a "residential facility," as defined in paragraph (1)
of subdivision (a) of Section 1502. Congregate care facilities are
used throughout the day and night, and the institutional uses of
these facilities are primary uses of the facilities, not accessory
uses, and draw a large number of employees, vehicles, and equipment
compared to that drawn to family day care homes.
(c) The expansion permitted for family day care homes by Sections
1597.44 and 1597.465 is not appropriate with respect to congregate
care facilities, or any other facilities with quasi-institutional
uses. Therefore, with these provisions, the Legislature does not
intend to alter the legal standards governing congregate care
facilities and these provisions are not intended to encourage, or be
a precedent for, changes in statutory and case law governing
congregate care facilities.
1597.44. A small family day care home may provide care for more
than six and up to eight children, without an additional adult
attendant, if all of the following conditions are met:
(a) At least one child is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.
(b) No more than two infants are cared for during any time when
more than six children are cared for.
(c) The licensee notifies each parent that the facility is caring
for two additional schoolage children and that there may be up to
seven or eight children in the home at one time.
(d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.
1597.45. All of the following shall apply to small family day care
homes:
(a) The use of single-family residence as a small family day care
home shall be considered a residential use of property for the
purposes of all local ordinances.
(b) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a small family day care home.
(c) Use of a single-family dwelling for purposes of a small family
day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law) or for purposes of local building codes.
(d) A small family day care home shall not be subject to Article 1
(commencing with Section 13100) or Article 2 (commencing with
Section 13140) of Chapter 1 of Part 2, except that a small family day
care home shall contain a fire extinguisher and smoke detector
device that meet standards established by the State Fire Marshal.
1597.46. All of the following shall apply to large family day care
homes:
(a) A city, county, or city and county shall not prohibit large
family day care homes on lots zoned for single-family dwellings, but
shall do one of the following:
(1) Classify these homes as a permitted use of residential
property for zoning purposes.
(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to any large family day care home that
complies with local ordinances prescribing reasonable standards,
restrictions, and requirements concerning spacing and concentration,
traffic control, parking, and noise control relating to those homes,
and complies with subdivision (e) and any regulations adopted by the
State Fire Marshal pursuant to that subdivision. Any noise standards
shall be consistent with local noise ordinances implementing the
noise element of the general plan and shall take into consideration
the noise level generated by children. The permit issued pursuant to
this paragraph shall be granted by the zoning administrator, or if
there is no zoning administrator by the person or persons designated
by the planning agency to grant these permits, upon the certification
without a hearing.
(3) Require any large family day care home to apply for a permit
to use a lot zoned for single-family dwellings. The zoning
administrator, or if there is no zoning administrator, the person or
persons designated by the planning agency to handle the use permits,
shall review and decide the applications. The use permit shall be
granted if the large family day care home complies with local
ordinances, if any, prescribing reasonable standards, restrictions,
and requirements concerning the following factors: spacing and
concentration, traffic control, parking, and noise control relating
to those homes, and complies with subdivision (e) and any regulations
adopted by the State Fire Marshal pursuant to that subdivision. Any
noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan and shall take
into consideration the noise levels generated by children. The local
government shall process any required permit as economically as
possible.
Fees charged for review shall not exceed the costs of the review
and permit process. An applicant may request a verification of fees,
and the city, county, or city and county shall provide the applicant
with a written breakdown within 45 days of the request. Beginning
July 1, 2007, the application form for large family day care home
permits shall include a statement of the applicant's right to request
the written fee verification.
Not less than 10 days prior to the date on which the decision will
be made on the application, the zoning administrator or person
designated to handle the use permits shall give notice of the
proposed use by mail or delivery to all owners shown on the last
equalized assessment roll as owning real property within a 100-foot
radius of the exterior boundaries of the proposed large family day
care home. A hearing on the application for a permit issued pursuant
to this paragraph shall not be held before a decision is made unless
a hearing is requested by the applicant or other affected person. The
applicant or other affected person may appeal the decision. The
appellant shall pay the cost, if any, of the appeal.
(b) In connection with any action taken pursuant to paragraph (2)
or (3) of subdivision (a), a city, county, or city and county shall
do all of the following:
(1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city and
county, including information about other permits that may be
required by other departments in the city, county, or city and
county, or by other public agencies. The city, county, or city and
county shall, upon request of any applicant, also provide information
about the anticipated length of time for reviewing and processing
the permit application.
(2) Upon the request of an applicant, provide information on the
breakdown of any individual fees charged in connection with the
issuance of the permit.
(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.
(c) A large family day care home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(d) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law), or for purposes of local building and fire
codes.
(e) Large family day care homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to
promote the fire and life safety of the children in these homes
adopted by the State Fire Marshal pursuant to this subdivision. The
State Fire Marshal shall adopt separate building standards
specifically relating to the subject of fire and life safety in large
family day care homes which shall be published in Title 24 of the
California Code of Regulations. These standards shall apply uniformly
throughout the state and shall include, but not be limited to: (1)
the requirement that a large family day care home contain a fire
extinguisher or smoke detector device, or both, which meets standards
established by the State Fire Marshal; (2) specification as to the
number of required exits from the home; and (3) specification as to
the floor or floors on which day care may be provided. Enforcement of
these provisions shall be in accordance with Sections 13145 and
13146. No city, county, city and county, or district shall adopt or
enforce any building ordinance or local rule or regulation relating
to the subject of fire and life safety in large family day care homes
which is inconsistent with those standards adopted by the State Fire
Marshal, except to the extent the building ordinance or local rule
or regulation applies to single-family residences in which day care
is not provided.
(f) The State Fire Marshal shall adopt the building standards
required in subdivision (d) and any other regulations necessary to
implement this section.
1597.465. A large family day care home may provide care for more
than 12 children and up to and including 14 children, if all of the
following conditions are met:
(a) At least one child is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.
(b) No more than three infants are cared for during any time when
more than 12 children are being cared for.
(c) The licensee notifies a parent that the facility is caring for
two additional schoolage children and that there may be up to 13 or
14 children in the home at one time.
(d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.
1597.467. (a) Whenever any licensee under this chapter has
reasonable cause to believe that a child in his or her care has
suffered any injury or has been subjected to any act of violence
while under the licensee's care, the licensee shall, as soon as
possible, report that injury or act of violence to the parent,
parents, or guardian of that child.
(b) (1) A report shall be made to the department by telephone or
fax during the department's normal business hours before the close of
the next working day following the occurrence during the operation
of a family day care home of any of the following events:
(A) Death of any child from any cause.
(B) Any injury to any child that requires medical treatment.
(C) Any unusual incident or child absence that threatens the
physical or emotional health or safety of any child.
(2) In addition to the report required pursuant to paragraph (1),
a written report shall be submitted to the department within seven
days following the occurrence of any events specified in paragraph
(1). The report shall contain all of the following information:
(A) Child's name, age, sex, and date of admission.
(B) Date and nature of the event.
(C) Attending physician's name and findings and treatment, if any.
(D) Disposition of the case.
(c) The department may develop the report form to be used for
reporting purposes pursuant to this section, and shall maintain all
reports filed under this section in a manner that allows the
department to report the data to the Legislature.
(d) The failure of a licensee to report, as prescribed by this
section, any injury of, or act of violence to, a child under the
licensee's care may be grounds for the suspension of his or her
license pursuant to this chapter, but shall not constitute a
misdemeanor.
(e) Nothing in this section shall relieve any licensee of any
obligation imposed by other law including, but not limited to, laws
relating to seeking medical attention for a child or reporting
suspected child abuse.
1597.47. The provisions of this chapter shall not be construed to
preclude any city, county, or other local public entity from placing
restrictions on building heights, setback, or lot dimensions of a
family day care facility as long as such restrictions are identical
to those applied to other single-family residences. The provisions of
this chapter shall not be construed to preclude the application to a
family day care facility for children of any local ordinance which
deals with health and safety, building standards, environmental
impact standards, or any other matter within the jurisdiction of a
local public entity. The provisions of this chapter also shall not be
construed to prohibit or restrict the abatement of nuisances by a
city, county, or city and county. However, such ordinance or nuisance
abatement shall not distinguish family day care facilities from
other single-family dwellings, except as otherwise provided in this
chapter.
1597.52. (a) Licensing reviews of a family day care home for
children shall be limited to health and safety considerations and
shall not include any reviews of the content of any educational or
training programs of the facility.
(b) No home shall be licensed or registered as a large family day
care home after January 1, 1984, unless the provider has at least one
year's experience as a regulated small family day care home operator
or as an administrator of a licensed day care center. The director
may waive this requirement upon a finding that the applicant has
sufficient qualifying experience.
1597.53. No family day care home for children shall be licensed
under Chapter 3 (commencing with Section 1500), but shall be subject
to licensure exclusively in accordance with this chapter and Chapter
3.4 (commencing with Section 1596.70) which shall apply to family day
care homes.
1597.531. (a) All family day care homes for children shall maintain
in force either liability insurance covering injury to clients and
guests in the amount of at least one hundred thousand dollars
($100,000) per occurrence and three hundred thousand dollars
($300,000) in the total annual aggregate, sustained on account of the
negligence of the licensee or its employees, or a bond in the
aggregate amount of three hundred thousand dollars ($300,000). In
lieu of the liability insurance or the bond, the family day care home
may maintain a file of affidavits signed by each parent with a child
enrolled in the home which meets the requirements of this
subdivision. The affidavit shall state that the parent has been
informed that the family day care home does not carry liability
insurance or a bond according to standards established by the state.
If the provider does not own the premises used as the family day care
home, the affidavit shall also state that the parent has been
informed that the liability insurance, if any, of the owner of the
property or the homeowners' association, as appropriate, may not
provide coverage for losses arising out of, or in connection with,
the operation of the family day care home, except to the extent that
the losses are caused by, or result from, an action or omission by
the owner of the property or the homeowners' association, for which
the owner of the property or the homeowners' association would
otherwise be liable under the law. These affidavits shall be on a
form provided by the department and shall be reviewed at each
licensing inspection.
(b) A family day care home that maintains liability insurance or a
bond pursuant to this section, and that provides care in premises
that are rented or leased or uses premises which share common space
governed by a homeowners' association, shall name the owner of the
property or the homeowners' association, as appropriate, as an
additional insured party on the liability insurance policy or bond if
all of the following conditions are met:
(1) The owner of the property or governing body of the homeowners'
association makes a written request to be added as an additional
insured party.
(2) The addition of the owner of the property or the homeowners'
association does not result in cancellation or nonrenewal of the
insurance policy or bond carried by the family day care home.
(3) Any additional premium assessed for this coverage is paid by
the owner of the property or the homeowners' association.
(c) As used in this section, "homeowners' association" means an
association of a common interest development, as defined in Section
1351 of the Civil Code.
1597.54. All family day care homes for children, shall apply for a
license under this chapter, except that any home which on June 28,
1981, had a valid and unexpired license to operate as a family day
care home for children under other provisions of law shall be deemed
to have a license under this chapter for the unexpired term of the
license at which time a new license may be issued upon fulfilling the
requirements of this chapter.
An applicant for licensure as a family day care home for children
shall file with the department, pursuant to its regulations, an
application on forms furnished by the department, which shall
include, but not be limited to, all of the following:
(a) A brief statement confirming that the applicant is financially
secure to operate a family day care home for children. The
department shall not require any other specific or detailed financial
disclosure.
(b) (1) Evidence that the small family day care home contains a
fire extinguisher or smoke detector device, or both, which meets
standards established by the State Fire Marshal under subdivision (d)
of Section 1597.45, or evidence that the large family day care home
meets the standards established by the State Fire Marshal under
subdivision (d) of Section 1597.46.
(2) Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months. The
documentation of these drills shall be maintained at the facility on
a form prepared by the department and shall include the date and
time of the drills.
(c) The fingerprints of any applicant of a family day care home
license, and any other adult, as required under subdivision (b) of
Section 1596.871.
(d) Evidence of a current tuberculosis clearance, as defined in
regulations that the department shall adopt, for any adult in the
home during the time that children are under care.
(e) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and Chapter 3.4 (commencing
with Section 1596.70) and the regulations adopted pursuant to those
chapters.
(f) Evidence satisfactory to the department that the applicant and
all other persons residing in the home are of reputable and
responsible character. The evidence shall include, but not be limited
to, a criminal record clearance pursuant to Section 1596.871,
employment history, and character references.
(g) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
(h) Other information as may be required by the department for the
proper administration and enforcement of the act.
1597.541. (a) The department shall adopt regulations regarding
age-appropriate immunization requirements for enrolled children for
family day care homes.
(b) All family day care homes for children shall maintain evidence
that enrolled children have met the age-appropriate immunization
requirements adopted pursuant to this section.
1597.542. (a) The Division of Child Care Licensing in the
department shall clearly differentiate degrees of violations of the
regulations adopted for purposes of this chapter by the impact upon
children in care.
(b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.55a. Every family day care home shall be subject to
unannounced visits by the department as provided in this section. The
department shall visit these facilities as often as necessary to
ensure the quality of care provided.
(a) The department shall conduct an announced site visit prior to
the initial licensing of the applicant.
(b) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(c) (1) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department visit a licensed
family day care home less often than once every five years.
(e) A public agency under contract with the department may make
spot checks if it does not result in any cost to the state. However,
spot checks shall not be required by the department.
(f) The department or licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in Section 1596.853.
(g) An unannounced site visit shall adhere to both of the
following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(h) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.
1597.55b. No site visits, unannounced visits, or spot checks, shall
be made under this chapter except as provided in this section.
(a) An announced site visit shall be required prior to the
licensing of the applicant.
(b) A public agency under contract with the department may make
spot checks if they do not result in any cost to the state. However,
spot checks shall not be required by the department.
(c) An unannounced site visit to all licensed family day care
homes shall be made annually and as often as necessary to ensure
compliance.
(d) The department or licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in Section 1596.853. At no time shall other site visit
requirements described by this section prevent a timely site visit
response to a complaint.
(e) The department shall annually make unannounced spot visits on
20 percent of all family day care homes for children licensed under
this chapter. The unannounced visits may be made at any time, and
shall be in addition to the visits required by subdivisions (b) and
(c).
(f) An unannounced site visit shall comply with both of the
following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(g) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.56. (a) The department shall notify a family day care home in
writing of all deficiencies in its compliance with this act and the
rules and regulations adopted pursuant to this act, and shall set a
reasonable length of time for compliance by the family day care home.
Upon a finding of noncompliance with a plan of correction, the
department may levy a civil penalty that shall be paid to the
department each day until the department finds the family day care
home in compliance.
(b) In developing a plan of correction, both the licensee and the
department shall give due consideration to the following factors:
(1) The gravity of the violation.
(2) The history of previous violations.
(3) The possibility of a threat to the health or safety of any
child in the facility.
(4) The number of children affected by the violation.
(5) The availability of equipment or personnel necessary to
correct the violation, if appropriate.
(c) The department shall ensure that the licensee's plan of
correction is verifiable and measurable. The plan of correction shall
specify what evidence is acceptable to establish that a deficiency
has been corrected. This evidence shall be included in the department'
s facility file.
(d) The department shall adopt regulations establishing procedures
for the imposition of civil penalties under this section.
1597.57. The department shall do all of the following:
(a) Develop and utilize one application form for all family day
care homes for children requesting a new license.
(b) Establish for parents a consumer education program annually on
the law and regulations governing family day care homes for children
under this chapter and the role of the state and other public
entities and local associations in relation to family day care homes
for children. In planning this program, the department shall seek the
assistance of other public entities and local associations.
(c) Administer an orientation program for new operators of family
day care homes for children that may be conducted directly by the
department or by contract with local governments or family day care
home associations.
1597.58. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil penalty.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) nor more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment or
both, as determined by the department. In no event shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and
1597.62 the department shall assess an immediate civil penalty of one
hundred fifty dollars ($150) per day per violation for any of the
following serious violations:
(1) Any violation that results in the injury, illness, or death of
a child.
(2) Absence of supervision, including, but not limited to, a child
left unattended, a child left alone with a person under 18 years of
age, and lack of supervision resulting in a child wandering away.
(3) Accessible bodies of water.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Sections 1596.852, 1596.853, 1597.55a and 1597.55b.
(6) The presence of an excluded person on the premises.
(d) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56 and
1597.62, any family day care home that is cited for repeating the
same violation of this chapter or Chapter 3.4 (commencing with
Section 1596.70), within 12 months of the first violation is subject
to an immediate civil penalty assessment of up to one hundred fifty
dollars ($150) and may be assessed up to fifty dollars ($50) for each
day the violation continues until the deficiency is corrected.
(e) Any family day care home that is assessed a civil penalty
under subdivision (d) that repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (d) shall
be assessed an immediate assessment of up to one hundred fifty
dollars ($150) and may be assessed up to one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(f) Notwithstanding any other provision of law, revenues received
by the state from the payment of civil penalties imposed on licensed
family day care homes pursuant to this chapter or Chapter 3.4
(commencing with Section 1596.70), shall be deposited in the Child
Health and Safety Fund, created pursuant to Chapter 4.6 (commencing
with Section 18285) of Part 6 of Division 9 of the Welfare and
Institutions Code, and shall be expended, upon appropriation by the
Legislature, pursuant to subdivision (f) of Section 18285 of the
Welfare and Institutions Code exclusively for the technical
assistance, orientation, training, and education of licensed family
day care home providers.
1597.59. The department and the local agencies with which it
contracts for the licensing of family day care homes for children
shall grant or deny a license to a family day care home for children
within 30 days after receipt of all appropriate licensing application
materials as determined by the department, provided both of the
following conditions are met:
(a) A site visit has been completed and the family day care home
has been found to be in compliance with licensing standards.
(b) The applicant and each person described by subdivision (b) of
Section 1596.871 has obtained a criminal record clearance, or been
granted a criminal record exemption by the department or the local
contracting agency.
The department shall conduct an initial site visit within 30 days
after the receipt of all appropriate licensing application materials.
1597.61. (a) When the department determines that a family day care
home for children is operating without a license and notifies the
unlicensed provider of the requirement for the license, the licensing
agency may issue a cease and desist order only if it finds and
documents that continued operation of the facility will be dangerous
to the health and safety of the children or if a license held by the
facility has been revoked by the department within two years
preceding the determination of unlicensed operation. In all other
cases where the licensing agency determines such a facility is
operating without a license and notifies the unlicensed provider of
the requirements for the license, the licensing agency may issue a
cease and desist order only if the unlicensed provider does not apply
for a license within a reasonable time after the notice.
(b) If an unlicensed family day care home fails to respond to a
cease and desist order issued pursuant to subdivision (a), or if the
department determines it necessary to protect the immediate health
and safety of the children, the licensing agency may bring an action
to enjoin such a home from continuing to operate pursuant to Section
1596.89.
(c) The district attorney of a county shall, upon application by
the department, institute and conduct the prosecution of any action
brought by the licensing agency against an unlicensed family day care
home located in that county.
1597.62. (a) The department may impose civil penalties of not less
than twenty-five dollars ($25) and not more than fifty dollars ($50)
per day per violation for uncorrected violations that present an
immediate or potential risk to the health and safety of children in
care. The penalties shall be imposed in accordance with Sections
1596.893b and 1597.56.
(b) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.
1597.621. Family day care homes that, on December 31, 1983, have a
valid unexpired registration to operate as a family day care home for
children pursuant to Section 1597.62 in one of the pilot counties
shall be deemed to be issued a family day care license effective
January 1, 1984. Licensure pursuant to this section shall not require
a visit pursuant to the requirement set forth in subdivision (a) of
Section 1597.55. However, all other requirements of licensing shall
continue to be met. Complaint and revocation procedures may be
enforced.
