CHAPTER 3.4. California Child Day Care Act [1596.70. - 1596.895.]

Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9.

§§ 1596.70–1596.895 · 127 sections

ARTICLE 1. General Provisions and Definitions §§ 1596.70–1596.7996 · 32 sections
- § 1596.70 This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with 1597.30) may be cited as the California Child Day Care Facilities Act.
- § 1596.71 This chapter applies to Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30). This chapter also applies to Chapter 3.65…
- § 1596.72 The Legislature finds all of the following: (a) That child daycare facilities can contribute positively to a child’s emotional, cognitive, and educational…
- § 1596.73 The purposes of this act are to: (a) Streamline the administration of childcare licensing and thereby increase the efficiency and effectiveness of this system.…
- § 1596.74 Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this chapter and Chapters 3.5 (commencing with…
- § 1596.75 “Child” means a person who is under 18 years of age who is being provided care and supervision in a child day care facility, except where otherwise specified…
- § 1596.750 “Child day care facility” means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or…
- § 1596.76 “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and…
- § 1596.77 “Department” means the State Department of Social Services.
- § 1596.770 “Director” means the Director of Social Services.
- § 1596.771 “Employer-sponsored child care center” means any child day care facility at the employer’s site of business operated directly or through a provider contract by…
- § 1596.773 (a) “Probation” means the period of time that a licensed child day care facility is required to comply with specific terms and conditions set forth by the…
- § 1596.775 The Legislature finds and declares all of the following: (a) There is a severe shortage of child care for schoolage children throughout California, with many…
- § 1596.78 (a) “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for…
- § 1596.785 “Nonminor student” means a person 18 years of age or older who qualifies as an individual with exceptional needs, as defined in Section 56026 of the Education…
- § 1596.79 “Person” means an individual, partnership, association, corporation, limited liability company, or governmental entity, such as the state, a county, city,…
- § 1596.790 “Planning agency” means the agency designated pursuant to Section 65100 of the Government Code.
- § 1596.791 “Provider” means a person who operates a child day care facility and is licensed pursuant to Chapter 3.5 (commencing with Section 1596.90) or 3.6 (commencing…
- § 1596.7915 “Schoolage child care center” means a day care center or part of a day care center that provides nonmedical care and supervision, personal services, or…
- § 1596.7916 “Drop-in childcare center” means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no…
- § 1596.792 This chapter, Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not apply to any of the following: (a) Any…
- § 1596.7925 (a) On or before July 1, 2019, the State Department of Education shall adopt new health and safety regulations under Title 5 of the California Code of…
- § 1596.793 This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30) do not apply to recreation programs conducted for…
- § 1596.794 The department shall serve as the liaison to child day care facilities for the purposes of Sections 17608 to 17613, inclusive, of the Education Code.
- § 1596.795 (a) The smoking of a tobacco product in a private residence that is licensed as a family day care home shall be prohibited in the home and in those areas of…
- § 1596.796 Notwithstanding any other provision of law, payments are not required to be made to any person who provides child care services and is exempt from the…
- § 1596.797 (a) Blood glucose testing for the purposes of monitoring a minor child diagnosed with diabetes may be performed in a child day care facility in accordance with…
- § 1596.798 (a) Notwithstanding any other law, licensees and staff of a child daycare facility may administer medication to a child if all of the following requirements…
- § 1596.7985 (a) (1) On or before July 1, 2027, the department, in consultation with the Emergency Medical Services Authority (EMSA) and the State Department of Education,…
- § 1596.799 (a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following: (1) Verify children’s…
- § 1596.7995 (a) (1) Commencing September 1, 2016, a person shall not be employed or volunteer at a day care center if he or she has not been immunized against influenza,…
- § 1596.7996 (a) A licensed child day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information, to be developed…
ARTICLE 2. Administration of Child Day Care Licensing §§ 1596.80–1596.879 · 66 sections
- § 1596.80 No person, firm, partnership, association, or corporation shall operate, establish, manage, conduct, or maintain a child day care facility in this state…
- § 1596.802 Notwithstanding any other law, on or before January 1, 2025, the department shall do all of the following: (a) Create a template form for plans of operations.…
- § 1596.803 (a) (1) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license to operate a child day care…
- § 1596.804 (a) Notwithstanding any other law, on or before January 1, 2024, the department shall revise its regulations to meet both of the following requirements: (1)…
- § 1596.805 No person, firm, partnership, association, or corporation shall provide specialized services within a child day care facility in this state without first…
- § 1596.806 (a) A room used as a classroom by a schoolage childcare program shall not be required to meet the square footage or toilet requirements for child daycare…
- § 1596.807 The State Department of Social Services, shall allow an extended daycare program, whether or not exempt from licensure pursuant to subdivision (h) of Section…
- § 1596.808 (a) Commencing January 1, 2012, except as provided in subdivisions (b) and (c), a licensed child day care facility shall comply with all of the following…
- § 1596.809 (a) A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior… see note
- § 1596.81 (a) The department shall adopt, amend, or repeal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the…
- § 1596.813 The department shall adopt regulations regarding immunization requirements for children enrolled in family day care homes in accordance with Chapter 1…
- § 1596.814 (a) A licensed family daycare home operated at a private single-family dwelling with an in-ground swimming pool on the premises shall comply with all of the…
- § 1596.815 The department shall, on or before December 31, 1991, review all child care regulations of the department with respect to clarifying or eliminating vagueness…
- § 1596.816 (a) The Community Care Licensing Division of the department shall regulate child care licensees through an organizational unit that is separate from that used…
- § 1596.817 (a) When the department conducts a site visit of a licensed child day care facility, the department shall post on, or immediately adjacent to, the interior…
- § 1596.818 (a) The department shall specify in its licensing report all violations that, if not corrected, will have a direct and immediate risk to the health, safety, or…
- § 1596.819 (a) Except as otherwise prohibited by law, the department shall post licensing information on its Internet Web site as follows: (1) For each child day care…
- § 1596.82 The department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. If an agency…
- § 1596.83 An applicant or licensee shall file his or her mailing address, in writing, with the department and, shall notify the department, in writing, of any change…
- § 1596.84 The department may issue provisional licenses to operate day care facilities which the director determines are in substantial compliance with the provisions of…
- § 1596.841 Each child day care facility shall maintain a current roster of children who are provided care in the facility. The roster shall include the name, address, and…
- § 1596.842 Following approval by the department of a list of provider rights, the Community Care Licensing Division shall print and distribute in person, to individuals…
- § 1596.843 (a) Whenever a facility visit and a complaint investigation are conducted at the same time by the department, a separate licensing report shall be used to…
- § 1596.844 The department shall acknowledge in writing within 10 days of receipt, the request of a licensee to review notices of deficiency or penalty, or both.
- § 1596.845 Prior to the issuance of a new license or special permit pursuant to this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing…
- § 1596.846 (a) The Legislature finds and declares all of the following: (1) The American Academy of Pediatrics, after reviewing the data from all the studies, concluded…
- § 1596.847 (a) A child day care facility shall not use or have on the premises, on or after July 1, 1998, a full-size or non-full-size crib that is unsafe for any infant…
- § 1596.85 No license or special permit issued pursuant to Chapters 3.5 (commencing with Section 15967.90) and 3.6 (commencing with Section 1597.30) shall have any…
- § 1596.851 (a) (1) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant…
- § 1596.852 Any duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing…
- § 1596.853 (a) Any person may request an inspection of any child daycare facility in accordance with the California Child Day Care Facilities Act by transmitting to the…
- § 1596.8535 (a) Notwithstanding any other provision of law, the department shall conduct any authorized inspection, announced site visit, or unannounced site visit of any…
- § 1596.854 The withdrawal of an application for a license or a special permit after it has been filed with the department shall not, unless the department consents in…
- § 1596.855 (a) Upon attendance at an orientation meeting, as described in Section 1596.845, an applicant shall be provided, without charge, a printed copy of all…
- § 1596.8555 A licensed child day care facility shall post its license in a prominent, publicly accessible location in the facility. A family day care home shall comply…
- § 1596.856 If the department finds that the applicant is not in compliance with this act or the regulations promulgated under this act, the department shall deny the…
- § 1596.857 (a) Upon presentation of identification, the responsible parent or guardian of a child receiving services in a child day care facility has the right to enter…
- § 1596.858 A license shall be forfeited by operation of law prior to its expiration date when any one of the following occurs: (a) The licensee sells or otherwise…
- § 1596.859 (a) (1) Each licensed child daycare facility shall make accessible to the public a copy of any licensing report or other public licensing document pertaining…
- § 1596.8595 (a) (1) Each licensed child day care facility shall post a copy of any licensing report pertaining to the facility that documents either a facility inspection…
- § 1596.86 (a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child daycare facilities, other than…
- § 1596.861 (a) Each child day care facility licensed under this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30)…
- § 1596.862 (a) The department may approve or deny a written request for enrollment or retention of a nonminor student at a schoolage child care center. The department may…
- § 1596.865 It is the intent of the Legislature to encourage any person who provides child care in a child day care facility licensed pursuant to this chapter, Chapter 3.5…
- § 1596.866 (a) (1) In addition to other required training, all staff who provide childcare at a daycare center, each family daycare home licensee, all staff who provide…
- § 1596.8661 (a) For purposes of the training required pursuant to paragraph (4) of subdivision (a) of Section 1596.798, pediatric first aid training pursuant to Section…
- § 1596.8662 (a) The department shall do all of the following: (1) Make information available to all licensed child daycare providers, administrators, and employees of…
- § 1596.867 (a) All child daycare facilities, as defined in Section 1596.750, shall include an Earthquake Preparedness Checklist as an attachment to the emergency and…
- § 1596.868 (a) A child daycare facility shall have an emergency and disaster plan that includes, but is not limited to, all of the following: (1) Evacuation procedures,…
- § 1596.869 Directors of combination child day care facilities shall be included in the teacher-child ratio during periods when they are actively supervising children and…
- § 1596.87 (a) The department shall institute a staff development and training program within the organizational structure to develop among staff the knowledge,…
- § 1596.871 The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses,…
- § 1596.8712 (a) (1) Whenever an individual is excluded by the department from a licensed family day care home, the department shall prepare and provide to the licensed…
- § 1596.8713 (a) The Department of Justice may charge a fee sufficient to cover its costs in providing services in accordance with Section 1596.871 to comply with the…
- § 1596.8714 On or before March 1, 2000, the State Department of Social Services shall convene a workgroup to review current criminal background check requirements and…
- § 1596.8715 If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the state…
- § 1596.8716 (a) For licensing purposes, employees of a childcare and development program operated by a school district, county office of education, or community college…
- § 1596.872a (a) The department may establish a child care advocate program. Each regional office, as well as the central office of the department, may have an advocate who…
- § 1596.872b (a) The department may establish a child care advocate program. This program may have one child care advocate for each licensing district regional office…
- § 1596.873 The Early Childhood Policy Council established pursuant to Section 10320 of the Welfare and Institutions Code shall perform all of the following functions with…
- § 1596.874 (a) The State Department of Social Services shall furnish each licensed child day care facility with a notice that shall be posted at the facility where it can…
- § 1596.875 To assure compliance with this act, the department shall: (a) Conduct ongoing in-service programs for licensing staff in cooperation with other public entities…
- § 1596.876 In any case in which a child day care facility releases a minor to a peace officer pursuant to Section 305 of the Welfare and Institutions Code, the official…
- § 1596.877 (a) Prior to granting a license to, or otherwise approving, any family day care home, the department shall check the child abuse and neglect complaint records…
- § 1596.878 The department shall establish, administer, and monitor programs which license child day care facilities consistent with the provisions of this act.
- § 1596.879 Immediately upon the denial of any application for a license or for a special permit, the department shall notify the applicant in writing. Within 15 days…
ARTICLE 3. Remedies for Employer Discrimination §§ 1596.880–1596.883 · 4 sections
- § 1596.880 For the purposes of this article: (a) “Employee” means employee of a licensee or employee of the agent of a licensee subject to this act. (b) “Employer” means…
- § 1596.881 No employer shall discharge, demote, or suspend, or threaten to discharge, demote, or suspend, or in any manner discriminate against any employee who takes any…
- § 1596.882 (a) A claim by the employee alleging the violation by the employer of Section 1596.881 shall be presented to the employer within 45 days after the action as to…
- § 1596.883 Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for the…
ARTICLE 4. Suspension and Revocation §§ 1596.885–1596.8895 · 12 sections
- § 1596.885 The department may deny an application for or suspend or revoke any license, registration, or special permit issued under this act upon any of the following…
- § 1596.886 The director may temporarily suspend any license, registration, or special permit prior to any hearing when, in the opinion of the director, the action is…
- § 1596.8865 (a) When a local child protective agency, as defined in Section 11165 of the Penal Code, has a reasonable suspicion, as defined in subdivision (a) of Section…
- § 1596.8866 The State Department of Social Services shall reopen an investigation into a licensed child day care facility when any person provides the department with a…
- § 1596.8867 (a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license, in order to…
- § 1596.887 (a) Proceedings for the suspension, revocation, or denial of a license, registration, or special permit under this chapter shall be conducted in accordance…
- § 1596.8871 (a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness,…
- § 1596.8872 (a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue is admissible evidence at an…
- § 1596.8875 In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable…
- § 1596.888 Any license, registration, or special permit suspended pursuant to this chapter, and any special permit revoked pursuant to this chapter, may be reinstated…
- § 1596.889 In all proceedings conducted in accordance with Section 1596.887, the preponderance of the evidence standard shall apply.
- § 1596.8895 (a) Whenever the director temporarily suspends the license, registration, or special permit of a child day care facility pursuant to Section 1596.886, the…
ARTICLE 4.5. Employee Actions §§ 1596.8897–1596.8899 · 3 sections
- § 1596.8897 (a) The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee or a licensee from…
- § 1596.8898 (a) (1) If the department determines that a person was issued a license under this chapter, Chapter 1 (commencing with Section 1200), Chapter 2 (commencing…
- § 1596.8899 The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility…
ARTICLE 5. Offenses §§ 1596.89–1596.895 · 10 sections
- § 1596.89 The director may bring an action to enjoin the violation or threatened violation of Section 1596.80 or 1596.805 in the superior court in and for the county in…
- § 1596.890 (a) Any person who willfully or repeatedly violates any provision of this chapter, or any rule or regulation promulgated under this chapter is guilty of a…
- § 1596.891 (a) A person who violates Section 1596.80 may be liable for an immediate assessment of civil penalties in the amount of two hundred dollars ($200) per day. (b)…
- § 1596.8915 Any person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, or…
- § 1596.892 The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any…
- § 1596.893a (a) When the licensing agency has reason to believe that an unlicensed day care facility is operating or that a day care facility is in violation of the…
- § 1596.893b (a) When the licensing agency has reason to believe that an unlicensed day care facility is operating or that a day care facility is in violation of the…
- § 1596.893c (a) The department shall consider, in determining whether to issue a citation or impose a civil penalty under any provision of this chapter to a child daycare…
- § 1596.894 Any action brought by the department against an unlicensed child day care facility shall not abate by reason of sale or other transfer of ownership of the…
- § 1596.895 (a) The department shall notify resource and referral agencies funded pursuant to Section 10217 of the Welfare and Institutions Code of any priority one…