Health and Safety Code — Part 42 | HSC — United States — California law | Esheria

Health and Safety Code

Part 42 of 87 · provisions 8,201–8,400

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

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  1. 1596.791.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    “Provider” means a person who operates a child day care facility and is licensed under the specified chapters.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 with Section 1597.30). (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  2. 1596.7915.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “schoolage child care center.”

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 assistance essential for sustaining the activities of daily living or for the protection of schoolage children or nonminor students, or both, in a group setting for less than 24 hours per day. (Added by Stats. 2011, Ch. 471, Sec. 2. (SB 309) Effective January 1, 2012.)
  3. 1596.7916.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “drop-in childcare center.”

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 contract or agreement between any child’s authorized representative and the center for the regular or prearranged schedule of care for any child. (Added by Stats. 2024, Ch. 933, Sec. 1. (AB 772) Effective January 1, 2025.)
  4. 1596.792.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section says the chapter’s child day care licensing rules do not apply to listed facilities and programs, and it sets conditions for some cooperative and preschool-related exemptions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 health facility, as defined by Section 1250. (b) Any clinic, as defined by Section 1202. (c) Any community care facility, as defined by Section 1502. (d) Any family childcare home providing care for the children of only one family in addition to the operator’s own children. (e) Any cooperative arrangement between parents for the care of their children when no payment is involved and the arrangement meets all of the following conditions: (1) In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of parents, rotates as the responsible caregiver with respect to all the children in the cooperative. (2) Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sibling of at least one of the children in the cooperative. (3) There can be no payment of money or receipt of in-kind income in exchange for the provision of care. This does not prohibit in-kind contributions of snacks, games, toys, blankets for napping, pillows, and other materials parents deem appropriate for their children. It is not the intent of this paragraph to prohibit payment for outside activities, the amount of which may not exceed the actual cost of the activity. (4) No more than 12 children are receiving care in the same place at the same time. (f) Any arrangement for the receiving and care of children by a relative. (g) Any public recreation program. “Public recreation program” means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county that meets either of the following criteria: (1) The program is operated only during hours other than normal school hours for kindergarten and grades 1 to 12, inclusive, in the public school district where the program is located, or operated only during periods when students in kindergarten and grades 1 to 12, inclusive, are normally not in session in the public school district where the program is located, for either of the following periods: (A) For under 20 hours per week. (B) For a total of 14 weeks or less during a 12-month period. This total applies to any 14 weeks within any 12-month period, without regard to whether the weeks are consecutive. In determining “normal school hours” or periods when students are “normally not in session,” the State Department of Social Services shall, when appropriate, consider the normal school hours or periods when students are normally not in session for students attending a year-round school. (2) The program is provided to children who are over the age of four years and nine months and not yet enrolled in school and the program is operated during either of the following periods: (A) For under 16 hours per week. (B) For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12-month period, without regard to whether the weeks are consecutive. (3) The program is provided to children under the age of four years and nine months with sessions that run 12 hours per week or less and are 12 weeks or less in duration. A program subject to this paragraph may permit children to be enrolled in consecutive sessions throughout the year. However, the program shall not permit children to be enrolled in a combination of sessions that total more than 12 hours per week for each child. (h) Extended daycare programs operated by public or private schools, including, but not limited to, expanded learning opportunity programs, as specified in subparagraphs (B) and (C) of paragraph (9) of subdivision (b) of Section 46120 of the Education Code. (i) Any school parenting program or adult education childcare program that satisfies both of the following: (1) Is operated by a public school district or operated by an individual or organization pursuant to a contract with a public school district. (2) Is not operated by an organization specified in Section 1596.793. (j) Any child daycare program that operates only one day per week for no more than four hours on that one day. (k) Any child daycare program that offers temporary childcare services to parents and that satisfies both of the following: (1) The services are only provided to parents and guardians who are on the same premises as the site of the child daycare program. (2) The child daycare program is not operated on the site of a ski facility, shopping mall, department store, or any other similar site identified by the department by regulation. (l) Any program that provides activities for children of an instructional nature in a classroom-like setting and satisfies both of the following: (1) Is operated only during periods of the year when students in kindergarten and grades 1 to 12, inclusive, are normally not in session in the public school district where the program is located due to regularly scheduled vacations. (2) Offers any number of sessions during the period specified in paragraph (1) that when added together do not exceed a total of 30 days when only schoolage children are enrolled in the program or 15 days when children younger than schoolage are enrolled in the program. (m) A program facility administered by the Department of Corrections and Rehabilitation that (1) houses both women and their children, and (2) is specifically designated for the purpose of providing substance abuse treatment and maintaining and strengthening the family unit pursuant to Chapter 4 (commencing with Section 3410) of Title 2 of Part 3 of the Penal Code, or Chapter 4.8 (commencing with Section 1174) of Title 7 of Part 2 of that code. (n) Any crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502. (o) (1) Commencing with the adoption of emergency regulations pursuant to paragraph (3), or no later than July 1, 2019, whichever comes first, a California state preschool program operated by a local educational agency under contract with the State Department of Education and that operates in a school building, as defined by Section 17283 of the Education Code, that meets all of the following conditions: (A) The program is operated in a local educational agency facility that meets the requirements of the Field Act, as specified in Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5 of Division 1 of Title 1 of, and Article 7 (commencing with Section 81130) of Chapter 1 of Part 49 of Division 7 of Title 3 of, the Education Code. (B) The local educational agency facility is constructed consistent with California Building Standards Code pursuant to Title 24 of the California Code of Regulations. (C) The local educational agency facility meets the requirements for kindergarten classrooms in accordance with Chapter 13 (commencing with Section 14000) of Division 1 of Title 5 of the California Code of Regulations. (D) The program meets all other requirements of California state preschool programs pursuant to Chapter 19 (commencing with Section 17906) of Division 1 of Title 5 of the California Code of Regulations. (2) A California state preschool program exempt under this subdivision shall be considered licensed under Division 12 (commencing with Section 101151) of Title 22 of the California Code of Regulations for purposes of establishing a rating on an early learning quality rating and improvement system matrix pursuant to Section 8203.1 of the Education Code. (3) (A) No later than October 1, 2017, the Legislative Analyst shall convene a stakeholder process for the purpose of ensuring state preschools operated by local educational agencies are maintaining all existing necessary health and safety requirements. (B) The stakeholder process shall identify and make recommendations on any health and safety requirements currently required under Title 22 of the California Code of Regulations, but not included in Title 5 of the California Code of Regulations, the Field Act, Title 24 of the California Code of Regulations, the California Plumbing Code, the Education Code, or this code, including, but not limited to, all of the following: (i) Adequate outdoor shade structures. (ii) Access to age and developmentally appropriate bathroom and drinking water facilities. (iii) Appropriate processes for parent notification and resolution of code and regulation violations. (C) The stakeholder process participants shall include experts on early childhood education health and safety issues from local educational agency and nonlocal educational agency state preschool program providers, and representatives from the State Department of Education, State Department of Social Services, Department of Finance, and legislative staff. (D) No later than March 15, 2018, the Legislative Analyst shall report to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, and the State Department of Education on recommendations or observations as a result of the stakeholder process. These recommendations or observations shall consider the fiscal impact on the state. No sooner than 30 days after the report is provided, the State Department of Education shall commence a process to adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this paragraph. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (4) For purposes of this subdivision, the following terms have the following meanings: (A) “California state preschool program” means any classroom that is funded, in whole or in part, by funds received pursuant to Section 8207 of the Education Code. (B) “Local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2023, Ch. 48, Sec. 91. (SB 114) Effective July 10, 2023.)
  5. 1596.7925.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The State Department of Education must adopt health and safety regulations for certain California state preschool programs by July 1, 2019, and those regulations must require specific safety and facility standards.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 Regulations that apply to California state preschool programs that meet the conditions specified in subdivision (o) of Section 1596.792. The regulations shall require those programs to have all of the following: (1) Outdoor shade that is safe and in good repair. (2) Drinking water that is accessible and readily available throughout the day. (3) Safe and sanitary restroom facilities with one toilet and handwashing fixture for every 15 children. (4) Restroom facilities that are only available for preschoolers and kindergartners. (5) Visual supervision of children at all times. (6) Indoor and outdoor space that is properly contained or fenced and provides sufficient space for the number of children using the space at any given time. Playground equipment must be safe, in good repair, and age appropriate. (b) The State Department of Education may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (c) A violation of regulations adopted pursuant to subdivision (a) or (b) shall not be subject to Section 1596.890. (Added by Stats. 2018, Ch. 32, Sec. 126. (AB 1808) Effective June 27, 2018.)
  6. 1596.793.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Recreation programs for children run by listed organizations are exempt from this chapter and related chapters, but child day care programs run by those organizations and the fees for them remain subject to the requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 children by the YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys and Girls Clubs, Camp Fire USA, organized camps, or similar organizations. However, child day care programs conducted by these organizations and the fees charged for those purposes shall be subject to the requirements of this chapter, Chapter 3.5 (commencing with Section 1596.90) and Chapter 3.6 (commencing with Section 1597.30). (Amended by Stats. 2012, Ch. 652, Sec. 2. (SB 1087) Effective January 1, 2013.)
  7. 1596.794.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must serve as the liaison to child day care facilities for certain Education Code sections.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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. (Added by Stats. 2006, Ch. 865, Sec. 7. Effective January 1, 2007.)
  8. 1596.795.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Smoking tobacco products is prohibited in licensed family day care homes and on the premises of licensed day care centers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care home if the ordinance is more stringent than this section. (b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited. (c) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 14. (SB 5 2x) Effective June 9, 2016.)
  9. 1596.796.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Payments for child care are not required for exempt providers who are known to have tuberculosis or who have been convicted of crimes involving violence, abuse, or neglect of children.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 licensing requirements of this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) if that person either is known to have tuberculosis, or to have been convicted of any crime involving violence against, or abuse or neglect of, children. This section shall not be construed to create an affirmative duty on any individual, government body, or other entity paying for child care to investigate the person to whom payments are being made nor shall it be construed to create any liability for failure to investigate that person. To the extent that this section is inconsistent with federal law, it shall be inoperative. (Added by Stats. 1991, Ch. 1190, Sec. 13. Effective October 14, 1991. Provisions inoperative to extent inconsistent with federal law.)
  10. 1596.797.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Blood glucose testing for a minor child with diabetes may be performed in a child day care facility, and the law does not require insulin injections to be given there.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 paragraph (6) of subdivision (b) of Section 1241 of the Business and Professions Code. (b) Nothing in this section, or in any other provision of law, including, but not limited to, Section 1241 or 2058 of the Business and Professions Code, shall require an insulin injection to be administered to any child in a child day care facility. (Added by Stats. 1997, Ch. 550, Sec. 3. Effective January 1, 1998.)
  11. 1596.798.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Licensees and staff at a child daycare facility may give medication to a child only if the listed written authorization, provider-instruction, recordkeeping, and training requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 are met: (1) The licensee or staff person has been provided with written authorization from the child’s parent or legal guardian to administer medication and authorization to contact the child’s health care provider. The authorization shall include the telephone number and address of the child’s parent or legal guardian. (2) The licensee or staff person complies with specific written instructions from the child’s health care provider, to which all of the following shall apply: (A) The instructions shall contain all of the following information: (i) The name of the medication. (ii) Specific indications for administering the medication pursuant to the health care provider’s prescription. (iii) Potential side effects and expected response. (iv) Method, amount, and time schedule by which the medication is to be administered pursuant to the health care provider’s prescription. (v) Actions to be taken in the event of side effects or incomplete treatment response pursuant to the health care provider’s prescription. (vi) Instructions for proper storage of the medication. (vii) The telephone number and address of the child’s health care provider. (B) The instructions shall be updated annually. (3) The licensee or staff person that administers the medication to the child shall record each instance and provide a record to the child’s parent or legal guardian on a daily basis. (4) Beginning January 1, 2000, a licensee or staff person who obtains or renews a pediatric first aid certificate pursuant to Section 1596.866 shall complete formal training designed to provide instruction in administering inhaled medication to children with respiratory needs. This training shall include, but not be limited to, training in the general use of nebulizer equipment and inhalers, how to clean the equipment, proper storage of inhaled medication, how a child should respond to inhaled medication, what to do in cases of emergency, how to identify side effects of the medication, and when to notify a parent or legal guardian or health care provider. This training shall be a component in the pediatric first aid certificate requirement as provided in Section 1596.8661. (5) For a specified child, the licensee or staff person who administers medication has been instructed in writing to administer medication by the child’s parent or legal guardian. (6) Beginning January 1, 2000, any training materials pertaining to nebulizer care that licensees or staff receive in the process of obtaining or renewing a pediatric first aid certificate pursuant to paragraph (4) shall be kept on file at the child daycare facility. The materials shall be made available to a licensee or staff person who administers inhaled medication. This requirement shall only apply to the extent that training materials are made available to licensees or staff who obtain or renew a pediatric first aid certificate pursuant to paragraph (4). (b) For purposes of this section, inhaled medication shall refer to medication prescribed for the child to control lung-related illness, including, but not limited to, local held nebulizers. (c) Nothing in this section shall be interpreted to require a certificated teacher who provides daycare pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code in a public school setting to administer medication. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (Amended by Stats. 2026, Ch. 25, Sec. 17. (AB 150) Effective June 29, 2026.)
  12. 1596.7985.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must create and publish an anaphylaxis policy for child daycare facilities, and those facilities must follow it and notify parents or guardians.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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, shall establish an anaphylactic policy that sets forth guidelines and procedures recommended for child daycare facility trained staff to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis. (2) The anaphylactic policy shall be developed in consultation with representatives from all of the following: (A) Pediatric health care providers with expertise in treating children with anaphylaxis. (B) Parents of children with life-threatening allergies. (C) Child daycare facility administrators and staff. (D) Not-for-profit corporations that represent allergic individuals at risk for anaphylaxis. (3) In developing the anaphylactic policy, the department shall consider existing requirements and current and best practices for child daycare facilities on allergies and anaphylaxis. The department shall also consider any voluntary guidelines issued by the United States Department of Health and Human Services for managing food allergies in child daycare facilities. (4) The anaphylactic policy shall include all of the following: (A) (i) A process for a child daycare facility to solicit volunteers among its employees to be trained and to administer emergency epinephrine auto-injectors to provide emergency medical aid to a child in care who is suffering, or reasonably believed to be suffering, from anaphylaxis. The process to solicit volunteers shall include a statement that there shall be no retaliation against any employee who chooses not to volunteer or who rescinds their offer to volunteer, including after receiving training. (ii) Trained staff may administer emergency epinephrine auto-injectors to provide medical aid to a child in care who is suffering, or reasonably believed to be suffering, from anaphylaxis at a child daycare facility during operating hours. (iii) Section 1799.102 of this code and Section 1714.23 of the Civil Code apply to trained staff of a child daycare facility, as defined in Section 1596.750, who administer emergency epinephrine auto-injectors to a child in care pursuant to this section. (B) (i) A procedure and treatment plan, including emergency protocols and responsibilities, for trained staff responding to a child suffering, or reasonably believed to be suffering, from anaphylaxis. (ii) The procedure and treatment plan shall ensure trained staff have access to an appropriate weight-based dosage epinephrine auto-injector, if applicable, as specified in Section 49414 of the Education Code. (iii) The procedure and treatment plan shall ensure trained staff have access to epinephrine auto-injectors stored in a secure place at the site. (C) A training course for child daycare facility staff shall include, but not be limited to, all of the following: (i) Techniques for preventing, recognizing the symptoms of, and responding to anaphylaxis. (ii) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. (iii) Emergency follow-up procedures, including calling the emergency 911 telephone number and contacting, if possible, the child’s parent or guardian and health care provider. (iv) Instruction on how to determine whether to use a pediatric or adult epinephrine auto-injector. (v) Written materials covering the information required by this subparagraph. (D) Appropriate guidelines for each child daycare facility to develop an individual emergency plan for children with a food or other allergy that could result in anaphylaxis. (E) A process for a child daycare facility to obtain either of the following from the parent or guardian of each child in care: (i) Prior written consent to the emergency administration of epinephrine auto-injectors by trained staff to the child who is suffering, or reasonably believed to be suffering, from anaphylaxis. (ii) A written statement objecting to the emergency administration of epinephrine auto-injectors by trained staff to the child who is suffering, or reasonably believed to be suffering, from anaphylaxis. (F) Strategies for the reduction of the risk of exposure to children of anaphylactic causative agents, including food and other allergens. (5) The EMSA shall review minimum standards of training for the administration of epinephrine auto-injectors, as necessary, and notify the department if any changes to the training course described in subparagraph (C) of paragraph (4) are needed. Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and Section 1797.197a. (b) (1) On or before September 1, 2027, the department and the State Department of Education shall publish the anaphylactic policy developed pursuant to paragraph (1) of subdivision (a) on each of the departments’ internet websites. (2) The anaphylactic policy shall be updated by the department as necessary, in consultation with the EMSA and the State Department of Education. (c) (1) On and after January 1, 2028, a child daycare facility shall comply with the anaphylactic policy developed by the department pursuant to paragraph (1) of subdivision (a). (2) On and after January 1, 2028, upon enrollment of a child at a child daycare facility, and annually thereafter, the child daycare facility shall notify the parent or guardian of the anaphylactic policy developed by the department pursuant to paragraph (1) of subdivision (a). The notice shall include contact information for a parent or guardian to engage further with the child daycare facility to learn more about the policy and notification of the liability limitations set forth in Section 1799.102 of this code and Section 1714.23 of the Civil Code. (d) This section shall not be construed to preempt, modify, or amend a child daycare facility’s requirement to comply with existing federal and state disability laws, or the requirements related to a child’s individualized family service plan or individualized education program. (e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until regulations are adopted. (f) For the purposes of this section, the following terms have the following meanings: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity or allergic reaction to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not limited to, insect stings or bites, foods, drugs, and other allergens, as well as idiopathic or exercise-induced anaphylaxis. (2) “Epinephrine auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction, or other epinephrine delivery systems approved for general use by the United States Food and Drug Administration. (3) “Trained staff” means an employee of a child daycare facility, as defined in Section 1596.750, who has volunteered to administer epinephrine auto-injectors to a child in care who is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by the licensee, and has received training pursuant to subparagraph (C) of paragraph(4) of subdivision (a). (Amended by Stats. 2026, Ch. 25, Sec. 18. (AB 150) Effective June 29, 2026.)
  13. 1596.799.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    A drop-in childcare center does not have to verify or file children’s immunization or tuberculosis testing records, but must follow the written-health-assessment rules for admissions and cannot require physician approval of that assessment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 immunizations or tuberculosis testing. (2) Maintain files regarding children’s immunizations or tuberculosis testing. (b) Upon admission of a child into a drop-in childcare center, if the medical assessment required by department regulations is not available for a child, then the licensee shall obtain a written health assessment completed by the child’s authorized representative. Except as provided in subdivision (a), a written health assessment shall include the same information and be maintained in the same manner as a medical assessment required by department regulations. A drop-in childcare center shall not require physician approval of the health assessment completed by the child’s authorized representative. (c) Upon admission of a child into a drop-in childcare center, the child’s authorized representative shall sign an acknowledgment that they understand that verification of immunizations and tuberculosis testing is not required for any child accepted into a drop-in childcare center. (d) This section shall not be construed to exempt a drop-in childcare center from any other licensing requirement. (Amended by Stats. 2024, Ch. 933, Sec. 2. (AB 772) Effective January 1, 2025.)
  14. 1596.7995.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    People may not work or volunteer at a day care center unless they have the required immunizations, with limited conditional and exemption pathways.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year. (2) If a person meets all other requirements for employment or volunteering, as applicable, but needs additional time to obtain and provide his or her immunization records, the person may be employed or volunteer conditionally for a maximum of 30 days upon signing and submitting a written statement attesting that he or she has been immunized as required. (b) A person is exempt from the requirements of this section only under any of the following circumstances: (1) The person submits a written statement from a licensed physician declaring that because of the person’s physical condition or medical circumstances, immunization is not safe. (2) The person submits a written statement from a licensed physician providing that the person has evidence of current immunity to the diseases described in subdivision (a). (3) The person submits a written declaration that he or she has declined the influenza vaccination. This exemption applies only to the influenza vaccine. (4) The person was hired after December 1 of the previous year and before August 1 of the current year. This exemption applies only to the influenza vaccine during the first year of employment or volunteering. (c) The day care center shall maintain documentation of the required immunizations or exemptions from immunization, as set forth in this section, in the person’s personnel record that is maintained by the day care center. (d) Section 1596.890 does not apply to a violation of this section. (e) For purposes of this section, “volunteer” means any nonemployee who provides care and supervision to children in care. (Added by Stats. 2015, Ch. 807, Sec. 1. (SB 792) Effective January 1, 2016.)
  15. 1596.7996.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    A licensed child day care facility must give a parent or guardian written information when a child is enrolled or reenrolled.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 by the department, in consultation with the State Department of Public Health, on all of the following: (1) Risks and effects of lead exposure. (2) Blood lead testing recommendations and requirements. (3) Options for obtaining blood lead testing, including any state or federally funded programs that offer free or discounted tests. (b) For purposes of this section, “child day care facility” has the same meaning as in Section 1596.750. (Added by Stats. 2018, Ch. 676, Sec. 1. (AB 2370) Effective January 1, 2019.)
  16. 1596.80.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    A person or business may not operate, establish, manage, conduct, or maintain a child day care facility in this state without a current valid license.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.80. No person, firm, partnership, association, or corporation shall operate, establish, manage, conduct, or maintain a child day care facility in this state without a current valid license therefor as provided in this act. (Amended by Stats. 1986, Ch. 1016, Sec. 7.)
  17. 1596.802.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must create plan templates and update its rules so a completed incidental medical services plan no longer has to be approved before a child with exceptional needs may attend child daycare or child development programs; a licensed child daycare facility may enroll a child before approval if it uses the required form.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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. (b) Create a template form for incidental medical services plans. (c) Upon completion of the templates described in subdivisions (a) and (b), revise its regulations, notices, practices, and bulletins to eliminate any requirement that an incidental medical services plan or amended plan of operation be approved before a child with exceptional needs as defined in Section 8205 of the Education Code is allowed to attend a child daycare or child development program. (d) A licensed child daycare facility that submits to the department a completed incidental medical services plan using the form created pursuant to subdivision (b) may enroll a child prior to departmental approval of the plan. (Added by Stats. 2023, Ch. 631, Sec. 1. (SB 722) Effective January 1, 2024.)
  18. 1596.803.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must charge and manage child day care licensing fees, including application, annual, and several special fees, and local jurisdictions may not impose their own business license, fee, or tax on small family day care homes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 facility. After initial licensure, a fee shall be charged by the department annually, on each anniversary of the effective date of the license. The fees are for the purpose of financing activities specified in this chapter. Fees shall be assessed as follows, subject to paragraph (2): Fee Schedule Facility Type Capacity Original Application Annual Fee Family Day Care 1–8 $73 $73 9–14 $140 $140 Day Care Centers 1–30 $484 $242 31–60 $968 $484 61–75 $1,210 $605 76–90 $1,452 $726 91–120 $1,936 $968 121+ $2,420 $1,210 (2) (A) The Legislature finds that all revenues generated by fees for licenses computed under this section and used for the purposes for which they were imposed are not subject to Article XIII B of the California Constitution. (B) The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the appropriate fee amounts are charged. The department shall recommend to the Legislature that fees established by the Legislature be adjusted as necessary to ensure that the amounts are appropriate. (b) (1) In addition to fees set forth in subdivision (a), the department shall charge the following fees: (A) A fee that represents 50 percent of an established application fee when an existing licensee moves the facility to a new physical address. (B) A fee that represents 50 percent of the established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors. (C) A fee of twenty-five dollars ($25) when an existing licensee seeks to either increase or decrease the licensed capacity of the facility. (D) An orientation fee of twenty-five dollars ($25) for attendance by any individual at a department-sponsored family child day care home orientation session, and a fifty dollar ($50) orientation fee for attendance by any individual at a department-sponsored child day care center orientation session. (E) A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (F) A late fee that represents an additional 50 percent of the established current annual fee when any licensee fails to pay the current annual licensing fee on or before the due date as indicated by postmark on the payment. (G) A fee to cover any costs incurred by the department for processing payments including, but not limited to, bounced check charges, charges for credit and debit transactions, and postage due charges. (H) A plan of correction fee of two hundred dollars ($200) when any licensee does not implement a plan of correction on or prior to the date specified in the plan. (2) No local jurisdiction shall impose any business license, fee, or tax for the privilege of operating a small family day care home licensed under this act. (c) (1) The revenues collected from licensing fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by licensees, and to support the activities of the licensing program, including, but not limited to, monitoring facilities for compliance with licensing laws and regulations pursuant to this act, and other administrative activities in support of the licensing program, when appropriated for these purposes. The revenues collected shall be used in addition to any other funds appropriated in the annual Budget Act in support of the licensing program. The department shall adjust the fees collected pursuant to this section as necessary to ensure they do not exceed the costs described in this paragraph. (2) The department shall not utilize any portion of these revenues sooner than 30 days after notification in writing of the purpose and use, as approved by the Department of Finance, to the Chairperson of the Joint Legislative Budget Committee, and the chairpersons of the committee in each house that considers appropriations for each fiscal year. The department shall submit a budget change proposal to justify any positions or any other related support costs on an ongoing basis. (d) A child day care facility may use a bona fide business or personal check to pay the license fee required under this section. (e) The failure of an applicant for licensure or a licensee to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of a license. (Amended by Stats. 2014, Ch. 29, Sec. 28. (SB 855) Effective June 20, 2014.)
  19. 1596.804.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must revise its regulations by January 1, 2024 to allow certain children with exceptional needs to share outdoor play spaces with nondisabled children without first seeking a waiver, and to state any health and safety requirements for that shared use.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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) Permit children with exceptional needs, as defined in Section 8205 of the Education Code, who are enrolled in separate programs or classrooms from nondisabled children to use outdoor play spaces simultaneously with nondisabled children without first seeking a waiver of Section 101238.2 of Title 22 of the California Code of Regulations. (2) Specify any health and safety requirements that shall be met when simultaneous use of outdoor play spaces as described in paragraph (1) occurs. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section by means of an all-county letter or similar instruction. The all-county letter or similar instruction shall be issued on or before January 1, 2024. (Added by Stats. 2022, Ch. 916, Sec. 1. (AB 2827) Effective January 1, 2023.)
  20. 1596.805.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    A person or organization may not provide specialized services in a child day care facility in this state unless it first gets a special permit.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.805. No person, firm, partnership, association, or corporation shall provide specialized services within a child day care facility in this state without first obtaining a special permit as provided in this act. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  21. 1596.806.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    This section exempts certain schoolage childcare program rooms and school grounds from some child day care center facility requirements, and lets the department use letters or similar written instructions to implement the related changes until regulations are adopted.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 centers if the program is operated on either of the following: (1) A functioning schoolsite in the same facilities that have housed school children during the day, before or after school hours, or before and after school hours. (2) A functioning schoolsite in facilities certified as usable as a classroom for instruction. A building owned by a school district, the state, or the schoolage child care program may meet the certification requirement if either of the following is provided to the department: (A) Evidence that the building was approved as a classroom by the Division of the State Architect. (B) A certification statement signed by the superintendent of the schools, or their designee, in the district where the schoolage childcare program is located, that the classroom building is of sufficient size to accommodate public instruction. The school district may make this certification regardless of the ownership of the classroom. (b) School grounds, other than rooms used as classrooms, used by a schoolage childcare program operated on a functioning schoolsite pursuant to either paragraph (1) or (2) of subdivision (a) shall be exempt from all of the following requirements imposed by the department on child daycare facilities: (1) Fencing, outdoor activity space, toilet, and isolation space requirements. (2) Requirements to have exclusive use of the outdoor activity space or exclusive use of children’s rest rooms also used by students located on school grounds. (c) The exemptions pursuant to subdivisions (a) and (b) shall continue during school vacation and intersession periods. (d) (1) For purposes of this section, “schoolage childcare program” means a program for children who are currently enrolled in a school, including transitional kindergarten, as defined in Section 48000 of the Education Code, or are dependent children living within the same household as a child attending a school, operated by an entity that contracts with the school to provide staff and program. (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this paragraph through letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted. (Amended by Stats. 2022, Ch. 571, Sec. 45. (AB 185) Effective September 27, 2022.)
  22. 1596.807.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The State Department of Social Services must allow certain extended daycare programs to serve additional children at a school site if the children are currently enrolled in school and the enrollment limits are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 1596.792, to serve additional children at that school site, so long as they are currently enrolled in a school, including transitional kindergarten, as defined in Section 48000 of the Education Code, and the number of additional children, including dependent children living within the same household as a child attending that school, does not exceed 15 percent of the total enrollment in the extended daycare program. In no case shall the enrollment of the extended daycare program exceed the enrollment during the regular schoolday. (Amended by Stats. 2022, Ch. 571, Sec. 46. (AB 185) Effective September 27, 2022.)
  23. 1596.808.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Licensed child day care facilities must follow specific beverage rules for children, with exceptions for certain medical needs and parent-provided beverages.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.808. (a) Commencing January 1, 2012, except as provided in subdivisions (b) and (c), a licensed child day care facility shall comply with all of the following requirements for beverages served by the day care provider to children in the provider’s care: (1) Whenever milk is served, serve only lowfat (1 percent) milk or nonfat milk to children two years of age or older. (2) Limit juice to not more than one serving per day of 100-percent juice. (3) Serve no beverages with added sweeteners, either natural or artificial. “Beverages with added sweeteners” does not include infant formula or complete balanced nutritional products designed for children. (4) Make clean and safe drinking water readily available and accessible for consumption throughout the day. (b) If a child has a medical necessity documented by a physician that includes the need for “medical food” as defined by Section 109971 of the Health and Safety Code, a licensed child day care facility shall be exempt from complying with the requirements of subdivision (a), to the extent necessary to meet the medical needs of that child. (c) This section shall not apply to beverages at a licensed child day care facility that are provided by a parent or legal guardian for his or her child. (d) As the Dietary Guidelines for Americans, published jointly by the federal Department of Health and Human Services and the federal Department of Agriculture, are updated every five years, the department may adapt the provisions of this section by bulletin, as necessary, so that the standards continue to reflect the most recent relevant nutrition science and continue to improve the health of children in child care. (e) The department shall only determine compliance with this section during a regularly scheduled, authorized inspection, and shall not be required to conduct separate and independent visits. (Added by Stats. 2010, Ch. 593, Sec. 2. (AB 2084) Effective January 1, 2011.)
  24. 1596.81.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must adopt, amend, or repeal rules and regulations needed to carry out the act, and it may waive or temporarily administer rules through written instructions in specified conditions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.81. (a) The department shall adopt, amend, or repeal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code any rules and regulations that may be necessary to carry out this act. (b) (1) The department may waive any rule or regulation described in subdivision (a) if the waiver is reasonable and necessary to carry out this act and is not detrimental to the health and safety of any child in care. (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted. (Amended by Stats. 2026, Ch. 25, Sec. 19. (AB 150) Effective June 29, 2026.)
  25. 1596.813.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must adopt regulations on immunization requirements for children in family day care homes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.813. The department shall adopt regulations regarding immunization requirements for children enrolled in family day care homes in accordance with Chapter 1 (commencing with Section 120325) of Part 2 of Division 105. (Amended by Stats. 1996, Ch. 1023, Sec. 166. Effective September 29, 1996.)
  26. 1596.814.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Licensed daycare facilities with in-ground swimming pools must meet specified drowning-prevention and safety-equipment requirements, inspect them daily, and keep inspection logs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 following requirements: (1) The swimming pool shall be equipped with, at minimum, the following drowning prevention safety features: (A) An enclosure, including, but not limited to, a fence, wall, or other barrier that isolates the swimming pool from access to the family daycare home and has all of the following characteristics: (i) An access gate that opens away from the swimming pool and is self-closing with a self-latching, key lockable device placed no lower than 60 inches above the ground. (ii) A minimum height of 60 inches. (iii) A maximum vertical clearance of two inches from the ground to the bottom of the enclosure. (iv) No gaps or voids that can allow the passage of a sphere with a diameter equal to or greater than four inches. (v) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child to climb over. (vi) For mesh fencing that does not meet the above characteristics, the licensee must provide documentation that establishes the mesh fencing is compliant with the American Society for Testing and Materials (ASTM) International Standard F2286. (B) In addition to the characteristics described in subparagraph (A), at least one of the following: (i) (I) An approved safety pool cover that is manually or power operated and meets the performance standards of ASTM International Standard F1346-23. (II) A licensee shall maintain and make available for inspection, upon request by the department, documentation that establishes the cover is compliant with ASTM International Standard F1346-23. (ii) (I) An alarm that, when placed in a swimming pool, will sound upon detecting an entrance into the water. The alarm shall be turned on and be in working condition during a facility’s operating hours while the swimming pool is not in use. (II) A licensee shall maintain and make available for inspection, upon request by the department, documentation that establishes the alarm is compliant with ASTM International Standard F2208. (2) The licensee shall have the following safety equipment visible from the swimming pool and readily available for immediate use: (A) A life ring with a minimum exterior diameter of 17 inches and labeled as approved by the United States Coast Guard. (B) A rescue pole with a body hook and a minimum fixed length of 12 feet. (3) A licensee shall perform a daily inspection of the drowning prevention safety features and safety equipment before opening the facility and maintain a log of the inspections to be provided to the department upon request. (4) Other safety requirements as determined necessary by the department in regulations, or as determined in statute. (b) A licensed daycare center with an in-ground swimming pool on the premises shall comply with all of the following requirements: (1) The swimming pool shall be equipped with at least one of the following drowning prevention safety features: (A) An enclosure as described in subparagraph (A) of paragraph (1) of subdivision (a). (B) If the swimming pool is indoors, a self-closing door that has either a self-latching device no lower than 60 inches above the ground, or requires a key card, code, or other means to restrict opening. (2) The swimming pool shall have a second, redundant feature that prevents children in the daycare center from entering the pool area unattended. (3) The licensee shall have the following safety equipment visible from the swimming pool and readily available for immediate use: (A) A life ring with a minimum exterior diameter of 17 inches with a United States Coast Guard approval label. (B) A rescue pole with a body hook and a minimum fixed length of 12 feet. (4) The licensee shall perform a daily inspection of the drowning prevention safety features and safety equipment before opening the facility and maintain a log of the inspections to be provided to the department upon request. (5) Other safety requirements as determined necessary by the department in regulations, or as determined in statute. (c) The department shall adopt regulations implementing this section, in addition to regulations implementing drowning prevention safety standards for other bodies of water located at daycare facilities regulated by the department and not specified in this section, by January 1, 2027. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, make specific, and administer the changes made by this section by means of written directives that shall have the same force and effect as regulations, until January 1, 2027. (Added by Stats. 2024, Ch. 745, Sec. 1. (AB 2866) Effective January 1, 2025.)
  27. 1596.815.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must review its child care regulations by December 31, 1991, to clarify or remove vagueness, and issue revised regulations if needed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.815. The department shall, on or before December 31, 1991, review all child care regulations of the department with respect to clarifying or eliminating vagueness and shall issue revised regulations if necessary to correct those defects. (Added by Stats. 1989, Ch. 301, Sec. 2.)
  28. 1596.816.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must keep child care licensing separate from other licensing programs and assign child care regulatory work to the child care licensing branch, with staffing, inspection qualifications, reporting, and budget-separation requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.816. (a) The Community Care Licensing Division of the department shall regulate child care licensees through an organizational unit that is separate from that used to regulate all other licensing programs. The chief of the child care licensing branch shall report directly to the Deputy Director of the Community Care Licensing Division. (b) All child care regulatory functions of the licensing division, including the adoption and interpretation of regulations, staff training, monitoring and enforcement functions, administrative support functions, and child care advocacy responsibilities shall be carried out by the child care licensing branch to the extent that separation of these activities can be accomplished without new costs to the department. (c) Those persons conducting inspections of day care facilities shall meet qualifications approved by the State Personnel Board. (d) The department shall notify the appropriate legislative committees whenever actual staffing levels of licensing program analysts within the child care licensing branch drops more than 10 percent below authorized positions. (e) The budget for the child care licensing branch shall be included as a separate entry within the budget of the department. (Amended by Stats. 2006, Ch. 538, Sec. 362. Effective January 1, 2007.)
  29. 1596.817.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    After a site visit, the department must post a notice at a licensed child day care facility, and the notice must stay up for 30 days; family day care homes follow a narrower posting rule.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.817. (a) When the department conducts a site visit of a licensed child day care facility, the department shall post on, or immediately adjacent to, the interior side of the main door into the facility and adjacent to the postings required pursuant to Section 1596.8595, a notice, written in at least 14-point type, that includes all of the following: (1) The date of the site visit. (2) Whether the facility was cited for violating any state standards or regulations as a result of the site visit and which of the following categories was cited: (A) A violation that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of children in care. (B) A violation that, if not corrected, could become a risk to the health, safety, or personal rights of children, a recordkeeping violation that would impact the care of children, or a violation that would impact those services required to meet children’s needs. (3) Whether the facility is required to post the site visit report for 30 consecutive days pursuant to Section 1596.8595. (4) A statement explaining that copies of the site visit report, including, but not limited to, violations noted in subparagraph (B) of paragraph (2), may be obtained by contacting the department and the telephone number to call in order to obtain a copy of the site visit report. (5) The name and telephone number of a person in the department who may be contacted for further information about the site visit report. (b) (1) The notice posted pursuant to subdivision (a) shall remain posted for 30 consecutive days, except that a family day care home shall comply with the posting requirements contained in this subdivision only during the hours when clients are present. (2) Failure by a licensed child day care facility or a family day care home to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100). (Added by Stats. 2003, Ch. 403, Sec. 1. Effective January 1, 2004.)
  30. 1596.818.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must list certain high-risk violations in its licensing report and finish all complaint investigations by placing a final conclusion in the facility file.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.818. (a) The department shall specify in its licensing report all violations that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of children in care. (b) The department shall complete all complaint investigations and place a note of final conclusion in the department’s facility file, consistent with the confidentiality requirements of Section 1596.853, regardless of whether the licensee voluntarily surrendered his or her license. (Added by Stats. 2008, Ch. 291, Sec. 19. Effective September 25, 2008.)
  31. 1596.819.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must post certain child day care licensing information on its website and update it at least monthly, unless another law prohibits doing so.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 facility as defined in Section 1596.750, except family day care homes, the information shall include, but is not limited to, the name and address of the facility, the licensed capacity of the facility, the status of the license, and the number of site inspections, including the number of citations, substantiated and unsubstantiated complaint inspections, and noncomplaint inspections during the preceding five-year period. (2) For each family day care home, the information shall include, but is not limited to, the name of the home, the status of the license, and the number of site inspections, including the number of citations, substantiated and unsubstantiated complaint inspections, and noncomplaint inspections during the preceding five-year period. (b) The department shall update the information posted under subdivision (a) on at least a monthly basis. (Amended by Stats. 2016, Ch. 823, Sec. 9. (AB 2231) Effective January 1, 2017.)
  32. 1596.82.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department may contract with public agencies to carry out specified licensing-related responsibilities, and it must reimburse those agencies at no more than actual cost. If an agency also handles Chapter 3 licensing/approval/consultation, it must keep separate licensing staff positions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.82. The department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. If an agency also provides licensing, approval, or consultation responsibilities for the purpose of administering Chapter 3 (commencing with Section 1500), the agency shall maintain licensing staff positions distinct from those positions responsible for administering Chapter 3 (commencing with Section 1500). The department shall reimburse agencies for services performed pursuant to this section which shall not exceed actual cost. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  33. 1596.83.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    An applicant or licensee must file a mailing address in writing with the department and notify it in writing of any mailing address change within 10 calendar days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.83. An applicant or licensee shall file his or her mailing address, in writing, with the department and, shall notify the department, in writing, of any change within 10 calendar days. (Added by Stats. 1987, Ch. 1069, Sec. 8.)
  34. 1596.84.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department may issue provisional licenses for day care facilities if the director finds substantial compliance and no life safety risks. The director must require fire and criminal record clearances, and the license normally expires after six months, with a possible six-month extension in limited cases.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.84. The department may issue provisional licenses to operate day care facilities which the director determines are in substantial compliance with the provisions of the licensure requirements and the rules and regulations adopted pursuant thereto, provided, that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the department’s rules and regulations. The provisional license shall expire six months from the date of issuance, or at such earlier time as the director may determine. However, the director may extend the term of a provisional license for an additional six months time, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met. In no case shall a provisional license be issued for more than 12 months. (Amended by Stats. 1985, Ch. 1064, Sec. 11.)
  35. 1596.841.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Each child day care facility must keep a current roster of the children in care, include specific parent/guardian and physician contact details, and make the roster available to the licensing agency on request.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.841. Each child day care facility shall maintain a current roster of children who are provided care in the facility. The roster shall include the name, address, and daytime telephone number of the child’s parent or guardian, and the name and telephone number of the child’s physician. This roster shall be available to the licensing agency upon request. (Added by Stats. 1985, Ch. 1312, Sec. 1.)
  36. 1596.842.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section requires the licensing division to distribute a provider-rights list and gives providers specific rights during site visits, appeals, and complaints.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.842. Following approval by the department of a list of provider rights, the Community Care Licensing Division shall print and distribute in person, to individuals or to groups, and by other appropriate methods of distribution, a list of provider rights which shall include, but not be limited to, the following: (a) Site visit rights: (1) The right to require licensing field staff to identify themselves. (2) The right to be advised of the type of the visit, whether complaint, plan of correction, prelicensing, or some other type. When a site visit is made to investigate a complaint, the site visit rights described in paragraphs (4) and (9) shall be applicable at the completion of the investigation. (3) The right to be treated as a professional and with dignity and respect. (4) The right to receive an accurate report of the evaluator’s findings listing each observed deficiency. Each deficiency shall be separately numbered, so as to clearly indicate the number of deficiencies, shall be accompanied by a number that corresponds to a section of law or licensing regulation, and shall include a description of the evaluator’s observation that led to the finding of a deficiency. The description of the evaluator’s observation shall include a clear explanation of why the existing condition constitutes a deficiency, unless the description of the observation provides the explanation. (5) The right to review licensing laws, regulations, and policy. (6) The right to an impartial investigation of all complaints. (7) The right, at the time of the visit, to determine and develop a plan of correction for deficiencies cited. (8) The right to use the licensing report (LIC 809) as a means to agree or disagree with cited deficiencies. (9) The right to an exit interview upon completion of the visit and to receive a signed copy of the LIC 809. (10) The right to be informed on the LIC 809 of the evaluator’s supervisor and his or her telephone number. (11) The right of access to the public file on any facility and the right to purchase a copy at a reasonable cost. (b) Initial appeal rights: (1) The right, without prejudice, to appeal any decision, any failure to act according to law or regulation, or any failure to act within any specified timeline, through the licensing agency as specified in Sections 1596.99 and 1597.58. (2) The right to request a meeting with district office administrators to discuss any licensing issue and with notice to bring any person to the meeting. (3) The right to due process and the option of bringing a representative to any administrative action. (c) The right to file a formal complaint, and receive a written response to that complaint within 30 days, for any licensing issue not covered by subdivision (b), including, but not limited to, inappropriate behavior of department employees. (d) The department shall, by June 30, 1992, mail to all licensees a copy of this section and a full and complete copy of the appeals procedure developed to implement subdivision (b). (e) The department shall, on all forms it requires or recommends that providers use, all notices of regulations or departmental policy, and all notices to implement this section, clearly label the department as the source of the material, including the name of the department, the name of the division responsible for implementing this chapter, and the address of that division. (Amended by Stats. 2015, Ch. 486, Sec. 6. (AB 1387) Effective January 1, 2016.)
  37. 1596.843.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    When a facility visit and complaint investigation happen at the same time, the department must use a separate licensing report for the complaint investigation. The department must also review a random sample of licensing reports.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.843. (a) Whenever a facility visit and a complaint investigation are conducted at the same time by the department, a separate licensing report shall be used to document the complaint investigation. (b) The department shall review a random sample of licensing reports to evaluate the consistency of the application of regulations by different licensing program analysts. (Added by Stats. 1989, Ch. 301, Sec. 4.)
  38. 1596.844.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must acknowledge a licensee’s request to review deficiency or penalty notices in writing within 10 days of receiving it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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. (Added by Stats. 1989, Ch. 301, Sec. 5.)
  39. 1596.845.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Before a new license or special permit is issued, the applicant must attend a department orientation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.845. Prior to the issuance of a new license or special permit pursuant to this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) the applicant shall attend an orientation given by the department. The orientation given by the department shall outline all of the following: (a) The rules and regulations of the department applicable to child day care facilities. (b) The scope of operation of a child day care facility. (c) The responsibility entailed in operating a child day care facility. (d) Information about the Healthy Schools Act of 2000 and integrated pest management practices. (Amended by Stats. 2006, Ch. 865, Sec. 8. Effective January 1, 2007.)
  40. 1596.846.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Child day care facilities may not keep or use baby walkers on their premises.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.846. (a) The Legislature finds and declares all of the following: (1) The American Academy of Pediatrics, after reviewing the data from all the studies, concluded that baby walkers are dangerous and should be banned from all manufacturing, sale, and distribution in the United States. (2) A jury in San Mateo County, California has determined that baby walkers are inherently unsafe and are not capable of design changes in order to prevent accidents. (3) Citing numerous ways in which babies can be injured, Consumer Reports found that, “With a capacity to move as fast as five feet per second, a baby walker can propel your baby faster than you can rescue him.” (4) During the past 15 years, one particular product, a baby walker, has been shown to be associated with increasing numbers of injuries to infants, with the most recent reporting year, 1991, indicating that 27,800 children under the age of two years had to be admitted to an emergency room in the United States for injuries associated with a baby walker. (b) A baby walker shall not be kept or used on the premises of a child day care facility. (c) A “baby walker” means any article described in paragraph (4) of subdivision (a) of Section 1500.86 of Part 1500 of Title 16 of the Code of Federal Regulations. (d) Section 1596.890 shall not apply to this section. (Added by Stats. 1993, Ch. 336, Sec. 1. Effective January 1, 1994.)
  41. 1596.847.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Child day care facilities may not use or keep unsafe cribs on the premises, with an exception for antique or collectible cribs that are not used or accessible to children. The State Department of Social Services must provide SIDS information materials free to certain licensed child care facilities, and the State Department of Health Services must make related materials available free of charge.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.847. (a) A child day care facility shall not use or have on the premises, on or after July 1, 1998, a full-size or non-full-size crib that is unsafe for any infant using the crib, as described in Article 1 (commencing with Section 24500) of Chapter 4.7 of Division 20. This subdivision shall not apply to any antique or collectible crib if it is not used by, or accessible to, any child in the child day care facility. (b) The State Department of Social Services shall provide information and instructional materials regarding sudden infant death syndrome, explaining the medical effects upon infants and young children and emphasizing measures that may reduce the risk, free of charge to any child care facility licensed to provide care to children under the age of two years. This shall occur upon licensure and, on a one-time basis only, at the time of a regularly scheduled site visit. (c) To the maximum extent practicable, the materials provided to child care facilities shall substantially reflect the information contained in materials approved by the State Department of Health Services for public circulation. The State Department of Health Services shall make available, to child care facilities, free of charge, information in camera-ready typesetting format. Nothing in this section prohibits the State Department of Social Services from obtaining free and suitable information from any other public or private agency. The information and instructional materials provided pursuant to this section shall focus upon the serious nature of the risk to infants and young children presented by sudden infant death syndrome. (d) The requirement that informational and instructional materials be provided pursuant to this section applies only when those materials have been supplied to those persons or entities that are required to provide the materials. The persons or entities required to provide these materials shall not be subject to any legal cause of action whatsoever based on the requirements of this section. (e) For persons or agencies providing these materials pursuant to this section, this section does not require the provision of duplicative or redundant informational and instructional materials. (Amended by Stats. 2006, Ch. 538, Sec. 363. Effective January 1, 2007.)
  42. 1596.85.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Licenses and special permits under the cited chapters cannot be treated as property for sale or exchange, and no person including an owner, agent, or broker may sell or exchange them for commercial purposes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.85. No license or special permit issued pursuant to Chapters 3.5 (commencing with Section 15967.90) and 3.6 (commencing with Section 1597.30) shall have any property value for sale or exchange purposes and no person, including any owner, agent, or broker, shall sell or exchange the license or special permit for any commercial purpose. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  43. 1596.851.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must pause review of certain child day care license or special permit applications when the applicant has a recent prior revocation, denial, or exclusion, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.851. (a) (1) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously was issued a license under this act or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), or Chapter 3.3 (commencing with Section 1569) and that the prior license was revoked within the preceding two years, the department shall cease any further review of the application until two years shall have elapsed from the date of the revocation. (2) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously was issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (b) of Section 1534 within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. (3) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the department shall cease any further review of the application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code by the department. (b) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (a) and the application was denied within the last year, the department shall cease further review of the application as follows: (1) In cases where the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases where the department informed the applicant of his or her right to petition for a hearing as specified in Section 1596.879 and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (3) The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions which have been corrected or are no longer in existence. The cessation of review shall not constitute a denial of the application. (c) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (b) of Section 1534, the department shall cease further review of the application as follows: (1) In cases where the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases where the department informed the applicant of his or her right to petition for a hearing and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (3) The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no longer in existence. (d) The cessation of review shall not constitute a denial of the application for purposes of Section 1526 or any other law. (Amended by Stats. 1997, Ch. 617, Sec. 16. Effective January 1, 1998.)
  44. 1596.852.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Authorized department officers, employees, or agents may enter and inspect child care-related places if they show proper identification.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.852. Any duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, this act or the regulations adopted by the department pursuant to the act. (Amended by Stats. 1985, Ch. 1064, Sec. 13.)
  45. 1596.853.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    People may request inspections of child daycare facilities, and the department must review complaints, inspect within 10 days in most cases, keep certain complaint information confidential, and send required notices to the relevant programs and agencies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 department notice of an alleged violation of applicable requirements prescribed by the statutes or regulations of this state. A complaint may be made either orally or in writing. (b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint, except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter. (c) Upon receipt of a complaint, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, the department shall make an onsite inspection within 10 days after receiving the complaint, except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the department’s proposed course of action. If the department determines that the complaint is without a reasonable basis, then the complaint shall be marked confidential and shall not be disclosed to the public. The childcare provider shall be notified in writing within 30 days of the dismissal that the complaint has been dismissed. (d) (1) The department shall notify a resource and referral program funded under Section 10217 of the Welfare and Institutions Code, as follows: (A) Upon the issuance or denial of a license for a child daycare facility within the resource and referral program’s jurisdiction. (B) Within one business day of a finding that physical or sexual abuse has occurred at a child daycare facility within the resource and referral program’s jurisdiction. (C) Within two business days of the issuance of a temporary suspension order, or the revocation or placement on probation of a license for a child daycare facility within the resource and referral program’s jurisdiction. (D) The department shall also notify the resource and referral program of the final resolution of any action specified in this paragraph. (2) With the exception of parents seeking local daycare service, any other entity specified in subdivision (b) of Section 1596.86 may request that the department provide the notification described in paragraph (1). (e) When the department substantiates an allegation that it deems to be serious in a facility funded pursuant to Chapter 1 (commencing with Section 10200) of Part 1.8 of Division 9 of the Welfare and Institutions Code or Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code it shall notify the State Department of Education. (Amended by Stats. 2021, Ch. 116, Sec. 246. (AB 131) Effective July 23, 2021.)
  46. 1596.8535.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department may inspect child day care facilities only within specified hours, unless a complaint investigation requires outside-hours action to protect a child’s health or safety. A licensee may request inactive license status, but must follow request, fee, and compliance rules tied to that status.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.8535. (a) Notwithstanding any other provision of law, the department shall conduct any authorized inspection, announced site visit, or unannounced site visit of any child daycare facility only during the period beginning one hour before and ending one hour after the facility’s normal business hours or at any time childcare services are being provided. This subdivision shall not apply to the investigation of any complaint received by the department if the department determines that an inspection or site visit outside the time period beginning one hour before, and ending one hour after, the facility’s normal operating hours is necessary to protect the health or safety of any child in the facility. (b) The department shall not perform any inspection, announced site visit, or unannounced site visit of a facility during any period of inactive license status as described in subdivision (c), subject to subdivision (a). (c) A licensee of a child day care facility may request inactive license status for either of the following: (1) If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code. (2) For any other period of inactivity in the operation of the facility. (d) For a period of inactivity, as described in paragraph (2) of subdivision (c), the following shall apply: (1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval. (2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted. (3) A licensee shall be responsible for the payment of the annual fee specified in paragraph (1) of subdivision (a) of Section 1596.803 during the period of inactive license status. (4) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, the annual fee specified in paragraph (1) of subdivision (a) of Section 1596.803 during the period of inactive license status. (e) A license shall not be valid, for the purposes of Section 1596.80, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law. (f) (1) No later than May 1, 2026, a licensee with inactive license status granted by the department on or before December 31, 2023, shall submit a request for inactive license status, on a form approved by the department, for department review and approval, if the licensee seeks to extend the period of inactivity as described in paragraph (2) of subdivision (c). (2) No later than October 1, 2026, a licensee with inactive license status granted by the department on or after January 1, 2024, until December 31, 2025, shall submit a request for inactive license status, on a form approved by the department, for department review and approval, if the licensee seeks to extend the period of inactivity as described in paragraph (2) of subdivision (c). (g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted. (Amended by Stats. 2025, Ch. 546, Sec. 9. (SB 582) Effective January 1, 2026.)
  47. 1596.854.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Withdrawing a child day care license application does not stop the department from denying it or pursuing proceedings, unless the department agrees in writing.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.854. The withdrawal of an application for a license or a special permit after it has been filed with the department shall not, unless the department consents in writing to the withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license or a special permit upon any ground provided by law or to enter an order denying the license or special permit upon any such ground. The suspension, expiration, or forfeiture by operation of law of a license or a special permit issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee or holder of a special permit upon any ground provided by law or to enter an order suspending or revoking the license or special permit or otherwise taking disciplinary action against the licensee or holder of a special permit on any such ground. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  48. 1596.855.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must give applicants certain printed licensing materials free of charge, and it must provide Spanish or other language versions in specified situations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.855. (a) Upon attendance at an orientation meeting, as described in Section 1596.845, an applicant shall be provided, without charge, a printed copy of all applicable regulations by the department, a copy of Section 1596.842, and a copy of the appeals procedure specified in subdivision (b) of Section 1596.842. The department shall inform applicants of the availability of a Spanish language version of these materials and shall provide it to the applicant upon request by the applicant. (b) The department shall mail, without charge, printed copies of all revisions of regulations to all resource and referral programs funded under Section 10217 of the Welfare and Institutions Code and to any association of childcare agencies which requests to receive revisions of regulations. Upon request, the department shall mail, without charge, a version of these regulations in Spanish, and may mail, without charge, a version of these regulations in other languages, as available. (c) The versions in Spanish and in other languages shall be provided as a convenience to the reader. In the event of a discrepancy between these versions and the English version, the English version shall prevail. (Amended by Stats. 2021, Ch. 116, Sec. 247. (AB 131) Effective July 23, 2021.)
  49. 1596.8555.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Licensed child day care facilities must post their license in a prominent, publicly accessible place in the facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.8555. A licensed child day care facility shall post its license in a prominent, publicly accessible location in the facility. A family day care home shall comply with this posting requirement during the hours when clients are present. (Added by Stats. 2004, Ch. 358, Sec. 5. Effective January 1, 2005.)
  50. 1596.856.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    If the department finds an applicant is not complying with the act or its regulations, it must deny the license.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.856. If the department finds that the applicant is not in compliance with this act or the regulations promulgated under this act, the department shall deny the applicant a license. (Amended by Stats. 1992, Ch. 1315, Sec. 26. Effective January 1, 1993.)
  51. 1596.857.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Parents or guardians may inspect a child day care facility under specified conditions, and facilities must notify parents of that right and avoid retaliation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.857. (a) Upon presentation of identification, the responsible parent or guardian of a child receiving services in a child day care facility has the right to enter and inspect the facility without advance notice during the normal operating hours of the facility or at any time that the child is receiving services in the facility. Parents or guardians when inspecting shall be respectful of the children’s routines and programmed activities. The facility shall inform parents and guardians of children receiving services in the facility of the right of the parents and guardians to inspect the facility pursuant to this section. (b) No child day care facility shall discriminate or retaliate against any child or parent or guardian on the basis or for the reason that the parent or guardian has exercised his or her right under this section to inspect the facility or has lodged a complaint with the department against a facility. (c) If any child day care facility denies a parent or legal guardian the right to enter and inspect a facility or retaliates, the department shall issue the facility a warning citation. For any subsequent violation of this right, the department may impose a civil penalty upon the facility of fifty dollars ($50) per violation. The department may take any appropriate action, including license revocation. (d) Each child day care facility shall permanently post in a facility location accessible to parents and guardians a written notice, available from the department, of the right to make an inspection pursuant to this section and the prohibition against retaliation and the right to file a complaint. In addition, this notice shall include information stating that the specified registered sex offender database is available to the public via an Internet Web site maintained by the Department of Justice as www.meganslaw.ca.gov. The department shall make this written notice available to child day care facility licensees, and shall include on this notice a statement of the right of the parents and guardians to review licensing reports of facility visits and substantiated complaints against the facility on the site of the facility, pursuant to Section 1596.859. (e) At the time of acceptance of each child into a child day care facility after January 1, 2007, the licensee shall provide the child’s parent or guardian with a copy of the Family Child Care Home Notification of Parents’ Rights provided by the State Department of Social Services, which shall include information stating that the specified registered sex offender database is available to the public via an Internet Web site maintained by the Department of Justice as www.meganslaw.ca.gov. (f) Upon delivery of the Family Child Care Home Notification of Parents’ Rights required pursuant to subdivision (e) to a parent or guardian, a provider is not required to provide any additional information regarding the location and proximity of registered sex offenders who reside in the community where the child care facility or family day care home is located. The provision of the information required by this section to parents and guardians of a child in their care shall not subject the provider to any liability or cause of action against the provider by a registered sex offender identified in the database. (g) Notwithstanding any other provision of this section, the person present who is in charge of a child day care facility may deny access to an adult whose behavior presents a risk to children present in the facility and may deny access to noncustodial parents or guardians if so requested by the responsible parent or legal guardian. (Amended by Stats. 2006, Ch. 208, Sec. 1. Effective January 1, 2007.)
  52. 1596.858.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    A child care license is forfeited automatically if listed events occur, including sale or transfer of the facility, surrender, moving locations, certain convictions, death, or abandonment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.858. A license shall be forfeited by operation of law prior to its expiration date when any one of the following occurs: (a) The licensee sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when the transfer of stock does not constitute a majority change in ownership. (b) The licensee surrenders the license to the department. (c) The licensee moves the facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process when applying for license for the new location. (d) The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code. (e) The licensee dies. If an adult relative notifies the department of his or her desire to continue operation of the facility and submits an application, the department shall expedite the application. The department shall promulgate regulations for expediting applications submitted pursuant to this subdivision. (f) The licensee abandons the facility. (Amended by Stats. 1989, Ch. 606, Sec. 9.)
  53. 1596.859.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Licensed child daycare facilities must make certain licensing documents public, and related referral programs must tell requesters about their right to access licensing information.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 to the facility that documents a facility inspection, a substantiated complaint investigation, a conference with a local licensing agency management representative and the licensee in which issues of noncompliance are discussed, or a copy of an accusation indicating the department’s intent to revoke the facility’s license. An individual licensing report and other licensing documents shall not be required to be maintained beyond three years from the date of issuance, and shall not include any information that would not have been accessible to the public through the State Department of Social Services Community Care Licensing Division. (2) (A) Every childcare resource and referral program established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code and every alternative payment program established pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code shall advise every person who requests a childcare referral of their right to the licensing information of a licensed child daycare facility required to be maintained at the facility pursuant to this section and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. (B) A written or oral advisement in substantially the following form, with the telephone number of the local licensing office included, will comply with the requirements of subparagraph (A): “As a parent, you have the right to get information about any substantiated or unsubstantiated complaints about a childcare provider that you select for your child. That information is public and you can get it by calling the local licensing office. This telephone number is ____.” (b) Within 30 days after the date specified by the department for a licensee to correct a deficiency, the department shall provide the licensee with a licensing report or other appropriate document verifying compliance or noncompliance. Notwithstanding any other provision of law, and with good cause, the department may provide the licensee with an alternate timeframe for providing the licensing report or other appropriate document verifying compliance or noncompliance. If the department provides the licensee with an alternate timeframe, it shall also provide the reasons for the alternate timeframe, in writing. The licensee shall make this documentation available to the public. (Amended by Stats. 2021, Ch. 116, Sec. 248. (AB 131) Effective July 23, 2021.)
  54. 1596.8595.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Licensed child day care facilities must post certain licensing reports and give copies of specified reports and documents to parents or guardians, with a $100 civil penalty for failing to comply with the posting rule.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 or a complaint investigation that results in a citation for a violation that, if not corrected, will create a direct and immediate risk to the health, safety, or personal rights of the children in care. The licensing report provided by the department shall be posted immediately upon receipt, adjacent to the postings required pursuant to Section 1596.817 and on, or immediately adjacent to, the interior side of the main door to the facility and shall remain posted for 30 consecutive days. (2) A family day care home shall comply with the posting requirements contained in paragraph (1) during the hours when clients are present. (3) Failure to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100). (b) (1) Notwithstanding subdivision (b) of Section 1596.859, the licensee shall post a licensing report or other appropriate document verifying the licensee’s compliance or noncompliance with the department’s order to correct a deficiency that is subject to posting pursuant to paragraph (1) of subdivision (a). The licensing report or other document shall be posted immediately upon receipt, adjacent to the postings required pursuant to Section 1596.817, on, or immediately adjacent to, the interior side of the main door into the facility and shall be posted for a period of 30 consecutive days. (2) A family day care home shall comply with the posting requirements contained in paragraph (1) during the hours when clients are present. (3) Failure to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100). (c) (1) A licensed child day care facility shall provide to the parents or guardians of each child receiving services in the facility copies of any licensing report that documents a citation issued pursuant to subdivision (e) or (f) of Section 1596.99 or subdivision (e) or (f) of Section 1597.58 or that represents an immediate risk to the health, safety, or personal rights of children in care as set forth in paragraph (1) of subdivision (a) of Section 1596.893b. (2) Upon enrollment of a new child in a facility, the licensee shall provide to the parents or legal guardians of the newly enrolling child copies of any licensing report that the licensee has received during the prior 12-month period that documents a citation issued pursuant to subdivision (e) or (f) of Section 1596.99 or subdivision (e) or (f) of Section 1597.58 or that represents an immediate risk to the health, safety, or personal rights of children in care as set forth in paragraph (1) of subdivision (a) of Section 1596.893b. (3) The licensee shall require each recipient of the licensing report described in paragraph (1) pertaining to a complaint investigation to sign a statement indicating that he or she has received the document and the date it was received. (4) The licensee shall keep verification of receipt in each child’s file. (d) (1) A licensed child day care facility shall provide to the parents or legal guardians of each child receiving services in the facility copies of any licensing document pertaining to a conference conducted by a local licensing agency management representative with the licensee in which issues of noncompliance are discussed. (2) Upon enrollment of a new child in a facility, the licensee shall provide to the parents or legal guardians of the newly enrolling child copies of any licensing document that the licensee has received during the prior 12-month period that pertains to a conference conducted by a local licensing agency management representative with the licensee in which issues of noncompliance are discussed. (3) The licensee shall require each recipient of the licensing document pertaining to a conference to sign a statement indicating that he or she has received the document and the date it was received. (4) The licensee shall keep verification of receipt in each child’s file. (e) This section shall become operative on July 1, 2017. (Repealed (in Sec. 11) and added by Stats. 2016, Ch. 823, Sec. 12. (AB 2231) Effective January 1, 2017. Section operative July 1, 2017, by its own provisions.)
  55. 1596.86.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The director must publish an annual public list of licensed child daycare facilities, and the department must protect small family daycare home information, with limited permitted disclosures and confidentiality rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 small family daycare homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency. (b) (1) To encourage the recruitment of small family daycare homes and protect their personal privacy, the department shall prevent the use of lists containing names, addresses, and other identifying information of facilities identified as small family daycare homes, except as necessary for administering the licensing program and providing the names and addresses to resource and referral agencies funded by the department, food and nutrition programs funded by the department, alternative payment programs funded by the department, county welfare-to-work programs under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, family childcare organizations, provider organizations that have been determined to be provider organizations pursuant to subdivision (a) of Section 10422 of the Welfare and Institutions Code, the Department of Human Resources and the Public Employment Relations Board for the administration of Chapter 25 (commencing with Section 10420) of Part 1.8 of Division 9 of the Welfare and Institutions Code, or specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.2 (commencing with Section 1340), which provide employee assistance program services that include childcare referral services. (2) Notwithstanding any other law, the department may disclose the license numbers, names, Zip Codes, and telephone numbers of small family daycare homes for purposes of facilitating the placement of children in small family daycare homes. The information specified in this paragraph may be provided to individuals and entities, including, but not limited to, parents, legal guardians, and caregivers seeking daycare services and consumer education internet websites available to the public. (3) The department may require an individual or entity to maintain the confidentiality of any information provided pursuant to paragraph (1) or (2). (c) The department shall adopt regulations relating to the confidentiality of identifying information provided pursuant to subdivision (b) on small family daycare homes. These regulations shall include procedures for updating lists or other information on small family daycare homes to ensure referral only to licensed family daycare homes in good standing with the department. The department may deny any individual or entity that violates the regulations adopted pursuant to this subdivision access to information on small family daycare homes and shall report these individuals or entities to the appropriate funding or licensing agency. (Amended by Stats. 2024, Ch. 73, Sec. 18. (SB 163) Effective July 2, 2024.)
  56. 1596.861.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Licensed child day care facilities must disclose their license number in advertisements, publications, or announcements intended to attract clients.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.861. (a) Each child day care facility licensed under this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) shall reveal its license number in all advertisements, publications, or announcements made with the intent to attract clients. (b) Advertisements, publications, or announcements subject to the requirements of subdivision (a) include, but are not limited to, those contained in the following: (1) Newspaper or magazine. (2) Consumer report. (3) Announcement of intent to commence business. (4) Telephone directory yellow pages. (5) Professional or service directory. (6) Radio or television commercial. (Amended by Stats. 1990, Ch. 216, Sec. 56.)
  57. 1596.862.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department may approve or deny written requests for enrollment or retention of a nonminor student at a schoolage child care center, and approved cases can be handled under stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 approve a request for enrollment or retention of a nonminor student if the department determines the schoolage child care center can meet the needs of the nonminor student and enrollment or retention of the nonminor student is not detrimental to the health and safety of the nonminor student. (b) (1) For the purposes of retention, if a request, as described in subdivision (c), is submitted to the department at least 30 days prior to the child’s 18th birthday, the nonminor student shall be retained at a schoolage child care center, unless the request is denied in writing by the department. (2) For the purposes of enrollment, a nonminor student shall not be enrolled at a schoolage child care center until the request, as described in subdivision (c), is approved in writing by the department. (c) A written request from a schoolage child care center for enrollment or retention of a nonminor student shall include all of the following: (1) Confirmation that the licensee conducted a personal interview of the nonminor student or the nonminor student’s authorized representative, if applicable, and a written statement from the licensee that assesses both of the following: (A) Whether the enrollment or retention of the nonminor student would present a threat to the physical health, mental health, or safety of the nonminor student and others at the schoolage child care center. (B) Whether the needs of the nonminor student can be met by the schoolage child care center. (2) A copy of the nonminor student’s current individualized education program and any other information requested by the department. (d) A nonminor student enrolled or retained pursuant to this section shall be exempt from the fingerprinting and criminal record clearance requirements in Section 1596.871 and otherwise applicable regulations. (e) An approved request may be terminated by the department and a citation of deficiency, an assessment of civil penalties, or discipline of the licensee pursuant to Section 1596.885 or Section 1596.886, or any combination thereof, may result if the licensee fails to comply with applicable laws. (f) The department may adopt regulations necessary to implement this section. (Added by Stats. 2011, Ch. 471, Sec. 3. (SB 309) Effective January 1, 2012.)
  58. 1596.865.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The Legislature states its intent to encourage certain child care providers to have basic health care training.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.865. It is the intent of the Legislature to encourage any person who provides child care in a child day care facility licensed pursuant to this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) to have the following elementary health care training: (a) Cardiopulmonary resuscitation. (b) Pediatric first aid. (c) Preventive health practices, including food preparation, childhood nutrition, and sanitation practices that support overall health and reduce the spread of infectious diseases. (Amended by Stats. 2013, Ch. 734, Sec. 2. (AB 290) Effective January 1, 2014.)
  59. 1596.866.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Certain child day care staff and licensees must complete specified health and safety training, keep it current, and meet later continuing-education and anaphylaxis-training requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 childcare at a family daycare home, and each substitute adult who provides care in a family daycare home pursuant to Section 1597.63, shall have at least 15 hours of health and safety training, and if applicable, at least 1 additional hour of training pursuant to clause (ii) of subparagraph (C) of paragraph (2). (2) The health and safety training shall include the following components: (A) Pediatric first aid. (B) Pediatric cardiopulmonary resuscitation (CPR). (C) (i) A preventive health practices course or courses that include instruction in the recognition, management, and prevention of infectious diseases, including immunizations, prevention of childhood injuries, and, for licenses issued on and after July 1, 2020, instruction in the prevention of lead exposure that is consistent with the most recent State Department of Public Health’s training curriculum on childcare lead poisoning prevention. (ii) For licenses issued on or after January 1, 2016, individuals described in paragraph (1) shall have at least one hour of childhood nutrition training as part of the preventive health practices course or courses. (3) The training may include instruction in sanitary food handling, emergency preparedness and evacuation, and caring for children with special needs. (4) (A) (i) On and after January 1, 2026, persons described in paragraph (1) shall obtain training in a pediatric first aid or pediatric CPR course that includes instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, subject to the requirements of Section 1797.197a. (ii) Persons who, on or before December 31, 2025, have completed a course or courses in pediatric first aid and pediatric CPR that did not include instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, shall comply with clause (i) for the next renewal period. (iii) (I) It is the intent of the Legislature that the training required by this section will be adopted into the existing training requirements for a child daycare facility and will not require additional hours. (II) Notwithstanding the provisions in subclause (I) of this clause and clauses (i) and (ii) of this subparagraph, in the event any additional training hours are required by these provisions, reimbursement of a family childcare provider, as defined in Section 10421 of the Welfare and Institutions Code, for any additional training hours shall be determined pursuant to the procedures set forth in Chapter 25 (commencing with Section 10420) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (B) On and after January 1, 2028, a pediatric first aid and pediatric CPR training course shall include instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, subject to the requirements of Section 1797.197a. (b) Beginning January 1, 2027, persons described in paragraph (1) of subdivision (a) shall complete a minimum of 12 hours of continuing education on an annual basis. Annual training shall be provided by qualified sources to be determined by the department. The courses shall include all of the following topics: (1) Emergency and disaster preparedness and response planning. (2) Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic. (3) Safe sleep practices and prevention of sudden infant death syndrome (SIDS). (4) Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment. (5) Transporting children safely. (6) Infectious diseases in children. (7) Prevention and response to emergencies due to food and allergic reactions. (8) Handling and storage of hazardous materials and the appropriate disposal of biocontaminants. (9) Administration of medication, consistent with parental consent. (c) (1) The completion of the training required pursuant to this section shall be a condition of licensure. (2) Training in pediatric first aid and pediatric CPR by persons described in paragraph (1) of subdivision (a) shall be current at all times. Each person described in paragraph (1) of subdivision (a) shall renew their pediatric first aid and pediatric CPR every two years. Training in preventive health practices, as described in subparagraph (C) of paragraph (2) of subdivision (a), is a one-time only requirement for persons described in paragraph (1) of subdivision (a). (3) A notice of deficiency shall be issued by the department at the time of a site visit to a licensee who is not in compliance with this section. The licensee shall, at the time the notice is issued, develop a plan of correction to correct the deficiency within 90 days of receiving the notice. The facility’s license may be revoked if it fails to correct the deficiency within the 90-day period. Section 1596.890 shall not apply to this paragraph. (d) Completion of the training required pursuant to this section shall be demonstrated, upon request of the licensing agency, by the following: (1) Current pediatric first aid and pediatric CPR course completion cards issued by the American Red Cross, the American Heart Association, or by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191. (2) (A) A course completion card for a preventive health practices course or courses, as described in subparagraph (C) of paragraph (2) of subdivision (a), issued by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191. (B) Persons who, before September 21, 1998, have completed a course or courses in preventive health practices, as described in clause (i) of subparagraph (C) of paragraph (2) of subdivision (a), and have a certificate of completion of a course or courses in preventive health practices, or certified copies of transcripts that identify the number of hours and the specific course or courses taken for training in preventive health practices, shall be deemed to have met the training in preventive health practices. (3) In addition to training programs specified in paragraphs (1) and (2), training programs or courses in pediatric first aid, pediatric CPR, and preventive health practices offered or approved by an accredited college or university are considered approved sources of training that may be used to satisfy the training requirements of paragraph (2) of subdivision (a). Completion of this training shall be demonstrated to the licensing agency by a certificate of course completion, course completion cards, or certified copies of transcripts that identify the number of hours and the specified course or courses taken for the training, as defined in paragraph (2) of subdivision (a). (4) A course completion card for a continuing education course or courses, as described in subdivision (b). (e) The training required under subdivision (a) shall not be provided by a home study course. This training may be provided through in-service training, workshops, or classes. This subdivision shall not be interpreted to prohibit approved online courses in pediatric first aid or preventive health practices. (f) All persons described in paragraph (1) of subdivision (a) and paragraph (2) of subdivision (c) shall maintain current course completion cards for pediatric first aid and pediatric CPR issued by the American Red Cross, the American Heart Association, or by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191, or shall have current certification in pediatric first aid and pediatric CPR from an accredited college or university in accordance with paragraph (3) of subdivision (d). (g) The department shall have the authority to grant exceptions to the requirements imposed by this section in order to meet the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). (h) The department shall adopt regulations to implement this section. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until regulations are adopted. (Amended by Stats. 2026, Ch. 25, Sec. 20. (AB 150) Effective June 29, 2026.)
  60. 1596.8661.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The Emergency Medical Services Authority must set minimum standards for certain pediatric first aid training and may issue interim training standards by bulletin until regulations are adopted.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.8661. (a) For purposes of the training required pursuant to paragraph (4) of subdivision (a) of Section 1596.798, pediatric first aid training pursuant to Section 1596.866 shall include a component of training in the administration of inhaled medication described in paragraph (4) of subdivision (a) of Section 1596.798. (b) The Emergency Medical Services Authority shall establish, consistent with Section 1797.191, minimum standards for a component of pediatric first aid training that satisfies the requirements of paragraph (4) of subdivision (a) of Section 1596.798. For purposes of this subdivision, the Emergency Medical Services Authority is encouraged to consult with organizations and providers with expertise in administering inhaled medication and nebulizer care, including, but not limited to, the American Lung Association, respiratory therapists, and others. (c) For purposes of the training required pursuant to clause (ii) of subparagraph (C) of paragraph (2) of subdivision (a) of Section 1596.866, instruction in childhood nutrition shall be at least one hour in length and shall include content on age-appropriate meal patterns based on the most current Dietary Guidelines for Americans. In order to increase childcare providers’ capacity to serve healthy foods at a lower cost, the training shall contain information about reimbursement rates for the United States Department of Agriculture’s Child and Adult Care Food Program (CACFP) (7 C.F.R. 226.20), and shall direct childcare providers to the CACFP Unit of the Nutrition Services Division of the department for detailed information on CACFP eligibility and enrollment. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Emergency Medical Services Authority may, through bulletin or similar instructions from the director until regulations are adopted, establish standards for the training in childhood nutrition required pursuant to clause (ii) of subparagraph (C) of paragraph (2) of subdivision (a) of Section 1596.866 and for the training in lead poisoning required pursuant to clause (i) of subparagraph (C) of paragraph (2) of subdivision (a) of Section 1596.866. (Amended by Stats. 2021, Ch. 116, Sec. 250. (AB 131) Effective July 23, 2021.)
  61. 1596.8662.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must provide child abuse and neglect reporting training and information, and licensed child day care providers, administrators, employees, and license applicants must complete mandated reporter training on the stated timelines.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 licensed child daycare facilities regarding detecting and reporting child abuse and neglect. (2) Provide training including statewide guidance on the responsibilities of a mandated reporter who is a licensed daycare provider or an applicant for that license, administrator, or employee of a licensed child daycare facility in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The department shall provide the guidance using its free module or modules provided on the State Department of Social Services internet website or as otherwise specified by the department. This guidance content shall include, but is not necessarily limited to, all of the following: (A) Information on the identification of child abuse and neglect, including behavioral signs of abuse and neglect. (B) Reporting requirements for child abuse and neglect, including guidelines on how to make a suspected child abuse report when suspected abuse or neglect takes place outside a child daycare facility, or within a child daycare facility, and to which enforcement agency or agencies a report is required to be made. (C) Information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. (D) Information that mandated reporting duties are individual and no supervisor or administrator may impede or inhibit reporting duties, and no person making a report shall be subject to any sanction for making the report, pursuant to paragraph (1) of subdivision (i) of Section 11166 of the Penal Code. A supervisor or administrator who impedes or inhibits the duties of a mandated reporter shall be subject to punishment pursuant to Section 11166.01 of the Penal Code. (E) Information on childhood stages of development in order to help distinguish whether a child’s behavior or physical symptoms are within range for their age and ability, or are signs of abuse or neglect. (3) The department shall provide training, including information about child safety and maltreatment prevention using its free training module or modules specified in paragraph (2), or as otherwise specified by the department. This information shall include, but is not necessarily limited to, all of the following: (A) Information on protective factors that may help prevent abuse, including dangers of shaking a child, safe sleep practices, psychological effects of repeated exposure to domestic violence, safe and age-appropriate forms of discipline, how to promote a child’s social and emotional health, and how to support positive parent-child relationships. (B) Information on recognizing risk factors that may lead to abuse, such as stress and social isolation, and available resources to which a family may be referred to help prevent child abuse and neglect. (C) When to call for emergency medical attention to prevent further injury or death. (D) Information on how a licensed child daycare provider, administrator, or employee of a licensed child daycare facility might communicate with a family before and after making a suspected child abuse report. (4) The department shall comply with the Dymally-Alatorre Bilingual Services Act of 1973 (Chapter 17.5 (commencing with Section 7290) of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves. (b) (1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child daycare provider, administrator, or employee of a licensed child daycare facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which the person completed the initial mandated reporter training. (2) On and after January 1, 2018, a person who applies for a license to be a provider of a child daycare facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a) as a precondition to licensure and shall complete renewal mandated reporter training every two years following the date on which the person completed the initial mandated reporter training. (3) On and after January 1, 2018, a person who becomes an administrator or employee of a licensed child daycare facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a) within the first 90 days that the person is employed at the facility and shall complete renewal mandated reporter training every two years following the date on which the person completed the initial mandated reporter training. (4) The licensee of a licensed child daycare facility shall obtain proof from an administrator or employee of the facility that the person has completed mandated reporter training in compliance with this subdivision. (5) A licensed child daycare provider, administrator, or employee of a licensed child daycare facility who does not use the online training module provided by the department shall report to, and obtain approval from, the department regarding the training that person shall use in lieu of the online training module. (c) Current proof of completion for each licensed child daycare provider or applicant for that license, administrator, and employee of a licensed child daycare facility shall be submitted to the department upon inspection of the child daycare or upon request by the department. (d) (1) The department shall issue a notice of deficiency at the time of a site visit to the licensee of a licensed child daycare facility who is not in compliance with this section. The licensee shall, at the time the department issues the notice of deficiency, develop a plan to correct the deficiency within 45 days. (2) A deficiency under this subdivision is not subject to Section 1596.890. (e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until regulations are adopted. (Amended by Stats. 2026, Ch. 25, Sec. 21. (AB 150) Effective June 29, 2026.)
  62. 1596.867.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Child daycare facilities must attach an Earthquake Preparedness Checklist to the emergency and disaster plan and make it publicly accessible, but the checklist is not a licensing requirement.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 disaster plan prescribed by Section 1596.868. However, the Earthquake Preparedness Checklist shall not be considered a requirement for obtaining or maintaining a license for a child daycare facility. The Earthquake Preparedness Checklist shall be made accessible to the public at the child daycare facility. The licensing agency shall not monitor or be responsible for enforcing any provision contained in the Earthquake Preparedness Checklist or ensuring that the checklist is made accessible to the public. (b) The Earthquake Preparedness Checklist shall not exceed two typewritten pages and the department may add to or delete from the list, as it deems appropriate. The checklist may include, but not be limited to, all of the procedures that are listed in the following proposed Earthquake Preparedness Checklist. A licensee of a child daycare facility shall have the option of selecting from the checklist the procedures, if any, the licensee chooses to use in the child daycare facility. Earthquake Preparedness Checklist (EPC)* Eliminate potential hazards in classrooms and throughout the site: Bolt bookcases in high traffic areas securely to wall studs Move heavy books and items from high to low shelves Secure and latch filing cabinets Secure cabinets in high traffic areas with child safety latches Secure aquariums, computers, typewriters, TV-VCR equipment to surfaces, such as by using Velcro tabs Make provisions for securing rolling portable items such as TV-VCRs, pianos, refrigerators Move children’s activities and play areas away from windows, or protect windows with blinds or adhesive plastic sheeting Secure water heater to wall using plumber’s tape Assess and determine possible escape routes Establish a coordinated response plan involving all of the following: Involving children: Teach children about earthquakes and what to do (see resource list below) Practice “duck, cover, and hold” earthquake drills under tables or desks no less than 4 times a year Involving parents: Post, or make available to parents, copies of the school earthquake safety plan (including procedures for reuniting parents or alternate guardians with children, location of planned evacuation site, method for leaving messages and communicating) Enlist parent and community resource assistance in securing emergency supplies or safeguarding the child daycare site: _____ store a 3-day supply of nonperishable food (including juice, canned food items, snacks, and infant formula) _____ store a 3-day supply of water and juice _____ store food and water in an accessible location, such as portable plastic storage containers _____ store other emergency supplies such as flashlights, a radio with extra batteries, heavy gloves, trash bags, and tools _____ maintain a complete, up-to-date listing of children, emergency numbers, and contact people for each classroom stored with emergency supplies Involving child daycare personnel and local emergency agencies: Identify and assign individual responsibilities for staff following an earthquake (including accounting for and evacuating children, injury control, damage assessment) Involve and train all staff members about the earthquake safety plan, including location and procedure for turning off utilities and gas Contact nearby agencies (including police, fire, Red Cross, and local government) for information and materials in developing the child daycare center earthquake safety plan *For more free resources contact: (1) Federal Emergency Management Agency (FEMA) (2) Office of Emergency Services (3) Red Cross (c) Nothing in this section shall be construed to prevent the adoption or enforcement of earthquake safety standards for child daycare facilities by local ordinance. (d) Nothing in this section shall be construed to prevent the department from adopting or enforcing regulations on earthquake safety. (Amended by Stats. 2026, Ch. 25, Sec. 22. (AB 150) Effective June 29, 2026.)
  63. 1596.868.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Child daycare facilities must have and maintain an emergency and disaster plan, train staff and volunteers, run quarterly drills, keep key information ready, and comply by January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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, including identification of an assembly point or points. (2) Procedures for facility lockdowns due to an active shooter threat or other dangerous situation. (3) Procedures to shelter in place due to severe weather or other hazards. (4) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, may not be available, the facility shall have a plan and supplies available to provide alternative resources during an outage. If the plan includes the use of a permanently installed generator, the plan shall include its location and a description of how it will be used. If the plan includes the use of a portable generator, the plan shall require the manufacturer’s operating instructions to be followed. (5) Relocation procedures, including, but not limited to, a transportation plan, communication with emergency response personnel, access to emergency evacuation route information, and temporary shelter locations. (A) If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts. (B) A facility shall designate at least two locations that can temporarily shelter children in care when relocation is necessary. At least one of the locations shall be outside of the immediate geographic area. (6) A contact information list that includes contact information for all of the following: (A) Local emergency response personnel. (B) The local licensing agency regional office. (C) Parents or legal guardians for all children in care. (D) Transportation providers. (7) The location of utility shutoff valves and shutoff instructions. (8) Procedures that address all of the following: (A) The reunification of children in care with a parent or legal guardian after an emergency or disaster. (B) Communication with parents or legal guardians for children in care during an emergency or disaster. A facility shall inform the parents or legal guardians of children in care regarding the procedure for communicating during an emergency or disaster. (C) Assistance with, and administration of, medications. (D) Storage and preservation of medications, including the storage of medications that require refrigeration. (E) The care of infants, toddlers, children with disabilities, and children with medical conditions or other special needs. (F) Continuity of operations during an emergency or disaster. (b) A facility shall provide training on the emergency and disaster plan to each staff member upon hire, and to each volunteer before beginning service, and annually thereafter. The training shall include staff and volunteer responsibilities during an emergency or disaster. (c) A facility shall conduct a practice drill at least quarterly for each staff and volunteer shift and maintain documentation of each drill. The type of emergency or disaster covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. Documentation shall include the date, the type of emergency or disaster covered by the drill, and the names of staff and volunteers participating in the drill. (d) A facility shall review the emergency and disaster plan annually and make updates as necessary, including, but not limited to, changes in floor plans, temporary shelter locations, and the ages of children in care. The licensee or administrator shall sign and date documentation stating that the emergency and disaster plan has been reviewed and updated as necessary. (e) A facility shall have all of the following information readily available during an emergency or disaster: (1) A roster of children in care for that day. (2) A needs and services plan for each infant in care. (3) A medication list for children in care. (4) Contact information for the parent or legal guardian of each child in care. (f) A facility shall have a set of keys available for use during an evacuation that provides staff and volunteers with access to all of the following: (1) All facility vehicles. (2) All facility exit doors. (3) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies, medication for children in care, first aid supplies, and protective shelter supplies. (g) A facility shall make the emergency and disaster plan available, upon request, to parents or legal guardians of children in care and local emergency response personnel. (h) (1) An applicant for a child daycare facility license shall submit an emergency and disaster plan with the license application. (2) On and after January 1, 2027, a child daycare facility shall be in compliance with this section. (i) The licensing agency shall confirm, during regularly scheduled visits, that an emergency and disaster plan is on file at a facility. (j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities. (k) This section shall not be interpreted to require the licensing agency to evaluate the content of an emergency and disaster plan. (l) For purposes of this section, the following definitions shall apply: (1) “Facility” means a child daycare facility, as defined in Section 1596.750. (2) “Emergency and disaster” means a hazard resulting from a natural disaster, or a human-caused event, such as violence at a child daycare facility, within the meaning of those terms under Section 602(a) of the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)). (Added by Stats. 2026, Ch. 25, Sec. 23. (AB 150) Effective June 29, 2026.)
  64. 1596.869.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Directors of combination child day care facilities must be counted in the teacher-child ratio when they are actively supervising children.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.869. Directors of combination child day care facilities shall be included in the teacher-child ratio during periods when they are actively supervising children and on the same basis that any other director of a day care center may be included in the teacher-child ratio. (Repealed and added by Stats. 1991, Ch. 867, Sec. 5.)
  65. 1596.87.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must run a staff development and training program and provide specified training for staff and new staff.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.87. (a) The department shall institute a staff development and training program within the organizational structure to develop among staff the knowledge, understanding of children and childcare, and regulatory administration necessary to successfully carry out this act. Specifically, the department shall do all of the following: (1) Provide staff with 36 hours of training per year that reflect the unique needs of children. The training shall include training relating to regulation administration, including communication skills, writing skills, and human relations skills. (2) Find ways to encourage applications from individuals with childcare provider experience or educational backgrounds applicable to the provision of childcare. (3) Provide new staff with comprehensive training within the first six months of employment. This training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration. (4) This program shall also provide new staff who have earned fewer than 16 semester units in child development or early childhood education from an accredited college at least 40 hours of preservice training in child development or early childhood education. (b) Submit for approval to the advisory committee established in Section 10320 of the Welfare and Institutions Code a plan for meeting the provisions of paragraphs (1) and (3) of subdivision (a). (Amended by Stats. 2021, Ch. 116, Sec. 251. (AB 131) Effective July 23, 2021.)
  66. 1596.871.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Child day care licensees and related individuals must get fingerprint-based criminal record clearance or an exemption, and the department can deny, revoke, suspend, or penalize noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.871. The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a childcare center or family childcare home. It is the intent of the Legislature in enacting this section to require the fingerprints of those individuals whose contact with child day care facility clients may pose a risk to the children’s health and safety. An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the State Department of Social Services before the individual’s initial presence in a child day care facility. (a) (1) Before and, as applicable, subsequent to issuing a license or special permit to any person to operate or manage a day care facility, the department shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (b) has ever been convicted of a crime other than an infraction or arrested for any crime specified in subdivision (c) of Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, subdivision (b) of Section 273a, or, prior to January 1, 1994, paragraph (2) of Section 273a, of the Penal Code, or for any crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (f). (2) The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to Section 11105.2 of the Penal Code. (3) The following shall apply to the criminal record information: (A) If the State Department of Social Services finds that the applicant or any other person specified in subdivision (b) has been convicted of a crime, other than an infraction, the application shall be denied, unless the director grants an exemption pursuant to subdivision (f) of this section or Section 1522.7. (B) If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), is awaiting trial for a crime other than an infraction, the State Department of Social Services may cease processing the criminal record information until the conclusion of the trial. (C) If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact. (D) If the State Department of Social Services finds after licensure that the licensee, or any other person specified in paragraph (2) of subdivision (b), has been convicted of a crime other than an infraction, the license may be revoked, unless the director grants an exemption pursuant to subdivision (f). (E) An applicant and any other person specified in subdivision (b) shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the search required by subdivision (a). If, after licensure, the department determines that the licensee or person specified in subdivision (b) has a criminal record, the license may be revoked pursuant to Section 1596.885. The department may also suspend the license pending an administrative hearing pursuant to Section 1596.886. (b) (1) In addition to the applicant, this section shall be applicable to criminal record clearances and exemptions for the following persons: (A) Adults responsible for administration or direct supervision of staff. (B) Any person, other than a child, residing in the facility. (C) Any person who provides care and supervision to the children. (D) Any staff person, volunteer, or employee who has contact with the children. (i) A volunteer providing time-limited specialized services shall be exempt from the requirements of this subdivision if this person is directly supervised by the licensee or a facility employee with a criminal record clearance or exemption, the volunteer spends no more than 16 hours per week at the facility, and the volunteer is not left alone with children in care. (ii) A student enrolled or participating at an accredited educational institution shall be exempt from the requirements of this subdivision if the student is directly supervised by the licensee or a facility employee with a criminal record clearance or exemption, the facility has an agreement with the educational institution concerning the placement of the student, the student spends no more than 16 hours per week at the facility, and the student is not left alone with children in care. (iii) A volunteer who is a relative, legal guardian, or foster parent of a client in the facility shall be exempt from the requirements of this subdivision. (iv) A contracted repair person retained by the facility, if not left alone with children in care, shall be exempt from the requirements of this subdivision. (v) Any person similar to those described in this subdivision, as defined by the department in regulations. (E) If the applicant is a firm, partnership, association, or corporation, the chief executive officer, other person serving in like capacity, or a person designated by the chief executive officer as responsible for the operation of the facility, as designated by the applicant agency. (F) If the applicant is a local educational agency, the president of the governing board, the school district superintendent, or a person designated to administer the operation of the facility, as designated by the local educational agency. (G) Additional officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person’s capability to exercise substantial influence over the operation of the facility. (H) This section does not apply to employees of childcare and development programs under contract with the State Department of Education who have completed a criminal record clearance as part of an application to the Commission on Teacher Credentialing, and who possess a current credential or permit issued by the commission, including employees of childcare and development programs that serve both children subsidized under, and children not subsidized under, a State Department of Education contract. The Commission on Teacher Credentialing shall notify the department upon revocation of a current credential or permit issued to an employee of a childcare and development program under contract with the State Department of Education. (I) This section does not apply to employees of a childcare and development program operated by a school district, county office of education, or community college district under contract with the State Department of Education who have completed a criminal record clearance as a condition of employment. The school district, county office of education, or community college district upon receiving information that the status of an employee’s criminal record clearance has changed shall submit that information to the department. (2) Nothing in this subdivision shall prevent a licensee from requiring a criminal record clearance of any individuals exempt from the requirements under this subdivision. (c) (1) (A) Subsequent to initial licensure, a person specified in subdivision (b) who is not exempt from fingerprinting shall obtain either a criminal record clearance or an exemption from disqualification, pursuant to subdivision (f) of this section or Section 1522.7, from the State Department of Social Services prior to employment, residence, or initial presence in the facility. A person specified in subdivision (b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, or comply with paragraph (1) of subdivision (h), prior to the person’s employment, residence, or initial presence in the child day care facility. The department shall not require the person to disclose their criminal history information prior to receipt of live scan results. (B) These fingerprint images and related information shall be electronically submitted to the Department of Justice in a manner approved by the State Department of Social Services and the Department of Justice for the purpose of obtaining a permanent set of fingerprints. A licensee’s failure to submit fingerprint images and related information to the Department of Justice or to comply with paragraph (1) of subdivision (h), as required in this section, shall result in the citation of a deficiency, and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1596.885 or 1596.886. The State Department of Social Services may assess civil penalties for repeated or continued violations permitted by Sections 1596.99 and 1597.58. The fingerprint images and related information shall then be submitted to the department for processing. Within 14 calendar days of the receipt of the fingerprint images, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided in this subdivision. If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within 14 calendar days of receipt of the fingerprint images. If new fingerprint images are required for processing, the Department of Justice shall, within 14 calendar days from the date of receipt of the fingerprint images, notify the licensee that the fingerprints were illegible. (C) Documentation of the individual’s clearance or exemption shall be maintained by the licensee, and shall be available for inspection. When live-scan technology is operational, as defined in Section 1522.04, the Department of Justice shall notify the department, as required by that section, and notify the licensee by mail within 14 days of electronic transmission of the fingerprints to the Department of Justice, if the person has no criminal record. Any violation of the regulations adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1596.885 or 1596.886. The department may assess civil penalties for repeated or continued violations, as permitted by Sections 1596.99 and 1597.58. (2) Except for persons specified in paragraph (2) of subdivision (b), the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted under this subdivision. If it is determined by the department, on the basis of fingerprints submitted to the Department of Justice, that the person has been convicted of a sex offense against a minor, an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the State Department of Social Services shall notify the licensee to act immediately to terminate the person’s employment, remove the person from the child day care facility, or bar the person from entering the child day care facility. The department may subsequently grant an exemption pursuant to subdivision (f). If the conviction was for another crime except an infraction, the licensee shall, upon notification by the State Department of Social Services, act immediately to either (1) terminate the person’s employment, remove the person from the child day care facility, or bar the person from entering the child day care facility; or (2) seek an exemption pursuant to subdivision (f). The department shall determine if the person shall be allowed to remain in the facility until a decision on the exemption is rendered. A licensee’s failure to comply with the department’s prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall result in a citation of deficiency and an immediate assessment of civil penalties by the department against the licensee, in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1596.885 or 1596.886. (3) The department may issue an exemption on its own motion pursuant to subdivision (f) if the person’s criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish the criteria to grant an exemption pursuant to this paragraph. (4) Concurrently with notifying the licensee pursuant to paragraph (3), the department shall notify the affected individual of the right to seek an exemption pursuant to subdivision (f). The individual may seek an exemption only if the licensee terminates the person’s employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (3). (d) (1) For purposes of this section or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this section or any other provision of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this section or any other provision of this chapter, the arrest disposition report certified by the Department of Justice, or documents admissible in a criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of conviction, notwithstanding any other law prohibiting the admission of these documents in a civil or administrative action. (2) For purposes of this section or any other provision of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state. (e) (1) The State Department of Social Services shall not use a record of arrest to deny, revoke, or terminate any application, license, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of any person who is or may become a client. (2) The department shall not issue a criminal record clearance to a person who has been arrested for any crime specified in Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, or subdivision (b) of Section 273a of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for any crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (f), prior to the department’s completion of an investigation pursuant to paragraph (1). (3) The State Department of Social Services is authorized to obtain any arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility. (f) (1) After review of the record, the director may grant an exemption from disqualification for a license or special permit as specified in paragraphs (1) and (4) of subdivision (a), or for employment, residence, or presence in a child day care facility as specified in paragraphs (3), (4), and (5) of subdivision (c) if the director has substantial and convincing evidence to support a reasonable belief that the applicant and the person convicted of the crime, if other than the applicant, are of good character so as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c). However, an exemption shall not be granted pursuant to this subdivision if the conviction was for any of the following offenses: (A) An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code. (B) A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) or (b) of Section 451 of the Penal Code. (2) The department shall not prohibit a person from being employed or having contact with clients in a facility on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1596.8897. (g) Upon request of the licensee, who shall enclose a self-addressed stamped postcard for this purpose, the Department of Justice shall verify receipt of the fingerprint images. (h) (1) For the purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as defined in subdivision (a), from one facility to another, as long as the criminal record clearance has been processed through a state licensing district office, and is being transferred to another facility licensed by a state licensing district office. The request shall be submitted to the department on a form provided by the department or submitted via the department’s secure online portal. Upon request of the licensee, who shall verify the individual’s identity, the department shall verify whether the individual has a clearance that can be transferred. (2) The State Department of Social Services shall hold criminal record clearances in its active files for a minimum of two years after an employee is no longer employed at a licensed facility in order for the criminal record clearances to be transferred. (3) The following shall apply to a criminal record clearance or exemption from the department or a county office with department-delegated licensing authority: (A) A county office with department-delegated licensing authority may accept a clearance or exemption from the department. (B) The department may accept a clearance or exemption from any county office with department-delegated licensing authority. (C) A county office with department-delegated licensing authority may accept a clearance or exemption from any other county office with department-delegated licensing authority. (4) With respect to notifications issued by the Department of Justice pursuant to Section 11105.2 of the Penal Code concerning an individual whose criminal record clearance was originally processed by the department or a county office with department-delegated licensing authority, all of the following shall apply: (A) The Department of Justice shall process a request from the department or a county office with department-delegated licensing authority to receive the notice, only if all of the following conditions are met: (i) The request shall be submitted to the Department of Justice by the agency to be substituted to receive the notification. (ii) The request shall be for the same applicant type as the type for which the original clearance was obtained. (iii) The request shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice. (B) (i) On or before January 7, 2005, the department shall notify the Department of Justice of all county offices that have department-delegated licensing authority. (ii) The department shall notify the Department of Justice within 15 calendar days of the date on which a new county office receives department-delegated licensing authority or a county’s delegated licensing authority is rescinded. (C) The Department of Justice shall charge the department or a county office with department-delegated licensing authority a fee for each time a request to substitute the recipient agency is received for purposes of this paragraph. This fee shall not exceed the cost of providing the service. (i) Notwithstanding any other law, the department may provide an individual with a copy of the individual’s state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in the individual’s written request. The department shall retain a copy of the individual’s written request and the response and date provided. (j) The State Department of Social Services may charge a reasonable fee for the costs of processing electronic fingerprint images and related information. (Amended by Stats. 2022, Ch. 614, Sec. 4.5. (SB 1093) Effective January 1, 2023.)
  67. 1596.8712.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must send a parent-rights addendum to a licensed family day care home after an exclusion, and the licensee must give copies to parents or guardians and keep signed copies. Violations can trigger a $100 civil penalty per violation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.8712. (a) (1) Whenever an individual is excluded by the department from a licensed family day care home, the department shall prepare and provide to the licensed family day care home from which the individual was excluded, within 45 days, an addendum to the notification of parents’ rights form required by Section 102419 of Title 22 of the California Code of Regulations, clearly identifying the name or names of any individual or individuals who have been excluded from the licensed family day care home. The addendum shall also identify the existence and location of a public file maintained by the department explaining the reason for the exclusion. (2) The department shall revise the addendum if the excluded individual is reinstated by the department pursuant to Section 11522 of the Government Code. (b) (1) Immediately upon receipt of an addendum from the department, the licensee shall provide the parent or guardian of each child under the licensee’s care or supervision with a copy of the addendum identifying the excluded individual or individuals. The licensee shall also obtain the signature of the parent or guardian indicating that the parent or guardian has received a copy of the addendum. A signed copy of the addendum shall be provided to the parent or guardian, and the original signed addendum shall be retained by the licensed day care home provider, and provided to the department during the regular inspection of the home, or at any time upon the request of the department. (2) This section shall apply to all children currently under the licensee’s care or supervision, and to all children who come under the licensee’s care or supervision after the implementation of this section. (c) During its regular inspection of all licensed family day care homes where an individual or individuals have been excluded, the department shall verify that the licensee has obtained a signature from the parent or guardian of each child under the licensee’s care or supervision indicating that the parent or guardian has been provided with the addendum identifying the excluded individual or individuals. The department may also request the signed addenda from the licensee at any time. (d) A licensee shall be assessed an immediate civil penalty of one hundred dollars ($100) per violation, for failure to do any of the following: (1) Provide a copy of the addendum to a parent or guardian of any child under the provider’s care or supervision. (2) Obtain a parent or guardian’s signature indicating he or she has been provided with the addendum. (3) Provide signed addenda to the department, when requested for all children under the provider’s care. (e) Failure to comply with this section shall constitute grounds for disciplining the licensee pursuant to Section 1596.885 or Section 1596.886. (f) This section shall apply to any family day care home from which an individual is excluded after January 1, 2001. (g) The department shall promulgate regulations and policies, as necessary, to implement the provisions of this section by January 1, 2002. (Added by Stats. 2000, Ch. 549, Sec. 2. Effective January 1, 2001.)
  68. 1596.8713.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The Department of Justice may charge a fee to recover its costs for certain Section 1596.871 services, but fees for volunteer criminal-record or child-abuse-index checks are barred during the stated periods if the listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.8713. (a) The Department of Justice may charge a fee sufficient to cover its costs in providing services in accordance with Section 1596.871 to comply with the 14-day requirement for provision to the department of the criminal record information, as contained in subdivision (c) of Section 1596.871. (b) (1) Between July 1, 2000, and July 1, 2001, no fee shall be charged by the Department of Justice or the State Department of Social Services for any costs associated with obtaining a California or Federal Bureau of Investigation criminal record or for conducting a child abuse index check, of a volunteer at a child care facility who is required to be fingerprinted pursuant to subdivision (b) of Section 1596.871, provided that the exemption does not cause an increase in fees for other providers. (2) On or after July 1, 2001, no fee shall be charged for the purposes specified in paragraph (1) if funds for those purposes are appropriated in the annual Budget Act and the exemption does not cause an increase in fees for other providers. (3) For purposes of this subdivision, “volunteer” means a person who provides services at a child care facility and does not receive any payment of a salary or hourly wage in exchange for these services. (Amended by Stats. 2000, Ch. 108, Sec. 12. Effective July 10, 2000.)
  69. 1596.8714.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The State Department of Social Services must convene a workgroup by March 1, 2000.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.8714. On or before March 1, 2000, the State Department of Social Services shall convene a workgroup to review current criminal background check requirements and processes for screening care providers. The workgroup shall study and make recommendations concerning improving the coordination of the different populations who are required to undergo multiple criminal background checks, methods to reduce the costs, and expedite the process of conducting criminal background checks. The workgroup shall include representatives from the various departments within the California Health and Human Services Agency, the Department of Justice, the Child Care Resource and Referral Network, and care provider organizations. (Added by Stats. 1999, Ch. 934, Sec. 2. Effective January 1, 2000.)
  70. 1596.8715.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    A licensee or facility that must deny or end employment based on state department notice is protected from civil liability and unemployment insurance liability for doing so.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.8715. If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the state department that the employee has a prior criminal conviction or is determined unsuitable for employment under Section 1596.8897, the licensee or facility shall not incur civil liability or unemployment insurance liability as a result of that denial or termination. (Added by Stats. 1991, Ch. 888, Sec. 12.)
  71. 1596.8716.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Some school-district, county-office, and community-college child care employees who already had a physical exam for employment do not need the separate health screening required by the cited regulation. A public-school principal is deemed qualified as a child care center director only if the program is on an operating public school campus and staffed by public-school employees.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 under contract with the department pursuant to Chapter 1 (commencing with Section 10200) of Part 1.7 of Division 9 of the Welfare and Institutions Code or with the State Department of Education pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code who have received a physical examination as a condition of employment with the district or office are not required to have a health screening as required by Section 101216 of Title 22 of the California Code of Regulations. (b) For licensing purposes, a school principal of a public school that operates a childcare and development program under contract with the State Department of Education pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code shall be deemed qualified to be a childcare center director pursuant to Section 101315 of Title 22 of the California Code of Regulations only when the program is located on the campus of an operating public school, with staff who are employees of the public school. (Amended by Stats. 2021, Ch. 116, Sec. 252. (AB 131) Effective July 23, 2021.)
  72. 1596.872a

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department may create a child care advocate program, and the advocate can access child day care facilities and speak with children and staff.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.872a. (a) The department may establish a child care advocate program. Each regional office, as well as the central office of the department, may have an advocate who has knowledge of state child care laws, regulations, and programs. The advocate’s duties shall include, but not be limited to, all of the following: (1) Providing information to the general public and parents on child care licensing standards and regulations. (2) Serving as a liaison to local business, community, law enforcement, labor, and education groups, as well as child care providers and consumers, for the purpose of providing information about licensing standards and regulations. (3) Disseminating information on the state’s licensing role and activities, child care resource and referral agencies, and other child care programs. (4) Acting as a liaison to child care resource and referral agencies to provide current information on licensing regulations, procedures, violations, revocations, and activities. (5) Investigating and seeking to resolve complaints and concerns communicated on behalf of children served by a child day care facility. Complaints shall be handled in an objective manner to ascertain the pertinent facts. The ombudsman may refer any complaint to the appropriate state or local government agency. (b) The advocate shall have access to child day care facilities and shall have the authority to speak with children and staff. (c) The department shall report to the Legislature and the Governor, on December 31, 1985, and annually thereafter, the number of complaints resolved and referred and any related followup activities, and the number of facilities visited pursuant to subdivision (a). (d) The department shall implement this section during periods that Section 1596.872b is not being implemented in accordance with Section 18285.5 of the Welfare and Institutions Code. (Amended by Stats. 2004, Ch. 229, Sec. 10. Effective August 16, 2004.)
  73. 1596.872b

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department may create a child care advocate program, and child care advocates have listed duties and access powers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.872b. (a) The department may establish a child care advocate program. This program may have one child care advocate for each licensing district regional office providing child care licensing services. A chief child care advocate shall be responsible for operations of the program and shall report to the chief of the child care licensing branch. Each child care advocate shall have knowledge of state child care laws, regulations, and programs. The child care advocate’s duties shall include, but not be limited to, all of the following: (1) Providing information to the general public and parents on child care licensing standards and regulations. (2) Serving as a liaison to local business, community, law enforcement, labor, and education groups, as well as child care providers and consumers, for the purpose of providing information about licensing standards and regulations. (3) Disseminating information on the state’s licensing role and activities, child care resource and referral agencies, and other child care programs. (4) Acting as a liaison to child care resource and referral agencies to provide current information on licensing regulations, procedures, violations, revocations, and activities. (5) Evaluating and seeking to resolve complaints and concerns communicated on behalf of children served by a child day care facility. Complaints shall be handled in an objective manner to ascertain the pertinent facts. The child care advocate may refer any complaint to the appropriate state or local government agency. (6) Seeking to mediate disputes between the department and child care licensees, where licensees allege misapplication of licensing regulations and have exercised any initial appeal rights as specified in Section 1596.842. (b) The child care advocate shall have access to child day care facilities and shall have the authority to speak with children and staff. (c) The department may implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code. (Amended by Stats. 2004, Ch. 229, Sec. 11. Effective August 16, 2004.)
  74. 1596.873.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The Early Childhood Policy Council must help develop and review licensing guidelines, review how the act is implemented, and advise the director on regulations, policy, and administrative practices for child daycare facility licensing.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 regard to this act: (a) Assist the department in developing and reviewing guidelines for the administration of this act. (b) Review the implementation of this act. (c) Advise the director regarding regulations, policy, and administrative practices pertaining to the licensing of child daycare facilities. (Amended by Stats. 2021, Ch. 116, Sec. 253. (AB 131) Effective July 23, 2021.)
  75. 1596.874.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The State Department of Social Services must provide each licensed child day care facility with a posted notice, and the licensee must make current licensing regulations available to employees and consumers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.874. (a) The State Department of Social Services shall furnish each licensed child day care facility with a notice that shall be posted at the facility where it can be easily seen by employees and consumers. The required notice shall contain information which does all of the following: (1) Identifies the licensing agency and how licensing regulations may be obtained. (2) Gives local telephone numbers where complaints may be made. (3) Contains the nonretaliation provision in Section 1596.881. (b) The licensee of the child day care facility shall make his or her copy of current licensing regulations available to employees and consumers. (Amended by Stats. 1985, Ch. 1064, Sec. 20.)
  76. 1596.875.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must run staff training programs, hold an annual seminar for enforcement agencies, and work with the Department of Justice so license revocations appear on criminal records.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.875. To assure compliance with this act, the department shall: (a) Conduct ongoing in-service programs for licensing staff in cooperation with other public entities and local associations. (b) Conduct an annual seminar for representatives of enforcement agencies, including, but not limited to, police officers, district attorneys, and judges. (c) Work with the Department of Justice to assure that license revocations appear on criminal records. (Added by renumbering Section 1597.64 by Stats. 1984, Ch. 1615, Sec. 23.)
  77. 1596.876.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    When a child day care facility releases a minor to a peace officer, the official in charge must give the officer the minor’s parent or guardian’s address and phone number.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.876. In any case in which a child day care facility releases a minor to a peace officer pursuant to Section 305 of the Welfare and Institutions Code, the official in charge of that facility shall provide the peace officer with the address and telephone number of the minor’s parent or guardian in order to enable the peace officer to make the notification required by Section 308 of the Welfare and Institutions Code. (Added by Stats. 1985, Ch. 811, Sec. 1.)
  78. 1596.877.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Before licensing or approving certain child care providers, the department must check child abuse-related records and may not deny a license unless abuse is substantiated.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.877. (a) Prior to granting a license to, or otherwise approving, any family day care home, the department shall check the child abuse and neglect complaint records of the child protective services agency of the county in which the applicant has resided for the two years preceding the application. (b) Prior to granting a license to or otherwise approving any individual to care for children in either a family day care home or a day care center, the department shall check the Child Abuse Registry pursuant to paragraph (3) of subdivision (b) of Section 11170 of the Penal Code. The Department of Justice shall maintain and continually update an index of reports of child abuse by providers and shall inform the department of subsequent reports received from the child abuse index pursuant to Section 11170 of the Penal Code and the criminal history. (c) The department shall investigate any reports received from the Child Abuse Registry and investigate any information received from the county child protective services agency. However, child protective services agency information arising from a report designated as “unfounded,” as defined pursuant to subdivision (a) of Section 11165.12 of the Penal Code, shall not be included in the investigation. The investigation shall include, but not be limited to, the review of the investigation report and file prepared by the child protective services agency that investigated the child abuse report. The department shall not deny a license based upon a report from the Child Abuse Registry or based on child abuse and neglect complaint records of the county child protective services agency unless child abuse is substantiated. (d) On and after January 1, 1993, the department shall implement this section for records maintained by counties that have automated their child abuse and neglect complaint records on or before January 1, 1993. On and after July 1, 1993, the department shall implement this section for records maintained by all counties. (Amended by Stats. 1998, Ch. 311, Sec. 46. Effective August 19, 1998.)
  79. 1596.878.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must establish, administer, and monitor programs that license child day care facilities, consistent with this act.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.878. The department shall establish, administer, and monitor programs which license child day care facilities consistent with the provisions of this act. (Added by renumbering Section 1596.871 (as added by Stats. 1984, Ch. 1615, Sec. 12) by Stats. 1985, Ch. 1064, Sec. 17.)
  80. 1596.879.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    If a license or special permit is denied, the department must notify the applicant in writing, and the applicant may file a written petition for a hearing within 15 days after notice is mailed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 2. Administration of Child Day Care Licensing [1596.80 - 1596.879] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.879. Immediately upon the denial of any application for a license or for a special permit, the department shall notify the applicant in writing. Within 15 days after the department mails the notice, the applicant may present his or her written petition for a hearing to the department. Upon receipt by the department of the petition, the petition shall be set for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department has all the powers granted in that chapter. (Added by Stats. 1985, Ch. 1064, Sec. 20.5.)
  81. 1596.880.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    This section defines “employee” and “employer” for this article.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 a licensee or agent of a licensee subject to this act. (Amended by Stats. 1985, Ch. 1064, Sec. 21.)
  82. 1596.881.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Employers must not retaliate against employees for protected complaints, proceedings, testimony, or refusing illegal work; employees must be notified in writing at hire, forms must be kept on file, and the department must provide the forms.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 of the following actions: (a) Makes any good faith oral or written complaint of the violation of any licensing or other laws by the employer to the State Department of Social Services or other agency having statutory responsibility for enforcement of the law or to the employer or representative of the employer. (b) Institutes, or causes to be instituted, any proceeding against the employer in relation to the violation of any licensing or other laws. (c) Is, or will be, a witness or testify in a proceeding in relation to the violation of any licensing or other laws. (d) Refuses to perform work in violation of a licensing law or regulation after notifying the employer of the violation. Employees shall be notified in writing at the time of employment of their rights under this chapter, as evidenced by their signature on a notification form outlining actions protected by this section. Forms to be utilized for this purpose shall be kept on file at the facility. The department shall provide each facility with the notification forms, which shall include information regarding enforcement pursuant to relevant Labor Code sections. “Other laws” for the purposes of this section, includes, but is not limited to, laws relating to staff-child ratios, transportation of children, or child abuse. (Amended by Stats. 1987, Ch. 489, Sec. 1.)
  83. 1596.882.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    An employee claim about an employer violation must be sent to the employer within 45 days and to the Labor Standards Enforcement division within 90 days; the division must investigate and may take the case to court.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 which complaint is made and presented to the Division of Labor Standards Enforcement not later than 90 days after the action as to which complaint is made. (b) Upon receipt of the complaint, the Division of Labor Standards Enforcement shall cause whatever investigation to be made as it deems appropriate. (c) If upon investigation the Division of Labor Standards Enforcement determines that the employer has violated Section 1596.881, it shall bring an action in any appropriate court against the employer. (d) In any such action, the court shall have jurisdiction, for cause shown, to issue restraining orders and order all appropriate relief, including rehiring and reinstatement of the employee of his or her former position with backpay and benefits. (e) Within 30 days of the receipt of a complaint pursuant to this section, the Division of Labor Standards Enforcement shall review the facts of the employee’s complaint and either set a hearing date or notify the employee and the employer of its decision. Where necessary, the Division of Labor Standards Enforcement shall begin the appropriate court action to enforce the decision. (f) Except for any grievance procedure or arbitration or hearing that is available to the employee pursuant to a collective bargaining agreement, this section is the exclusive means for presenting claims under this article. (Amended by Stats. 1987, Ch. 489, Sec. 2.)
  84. 1596.883.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    An employer who willfully refuses to rehire, promote, or otherwise restore a qualified employee or former employee commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  85. 1596.885.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department may deny, suspend, or revoke a child day care license, registration, or special permit for listed grounds, and must follow the procedures in this act.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 grounds and in the manner provided in this act: (a) Violation by the licensee, registrant, or holder of a special permit of this act or of the rules and regulations promulgated under this act. (b) Aiding, abetting, or permitting the violating of this act or of the rules and regulations promulgated under this act. (c) Conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of this state. (d) The conviction of a licensee, or other person specified in Section 1596.871, at any time before or during licensure, of a crime as defined in Section 1596.871. (e) Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients. (Amended by Stats. 1998, Ch. 311, Sec. 47. Effective August 19, 1998.)
  86. 1596.886.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The director may temporarily suspend a child day care license, registration, or special permit before a hearing if needed to protect a child from abuse, abandonment, or another serious health or safety threat.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 necessary to protect any child of a child day care facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee, registrant, or holder of the special permit of the temporary suspension and the effective date thereof and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, registrant, or holder of the special permit, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until such time as the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the original hearing has been completed. (Amended by Stats. 1985, Ch. 1, Sec. 1. Effective December 10, 1984.)
  87. 1596.8865.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    If a local child protective agency reasonably suspects a child’s death or serious injury at a child day care facility was caused by abuse or willful neglect, it must notify the director immediately, and the department must temporarily suspend the facility’s authorization within two working days after receiving the evidence.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 11166 of the Penal Code, that the death or serious injury of a child occurred at a child day care facility because of abuse or willful neglect by the personnel of the child day care facility, the agency shall immediately notify the director. (b) Within two working days of receipt of the evidence that the death or serious injury occurred at a child day care facility because of abuse or willful neglect by the personnel of the child day care facility, the department shall temporarily suspend the license, registration, or special permit of the facility, and shall immediately notify the licensee, registrant, or holder of the special permit of the temporary suspension and the effective date thereof and at the same time serve the provider with an accusation. The hearing shall be set and conducted in the manner provided in Section 1596.886, and the temporary suspension shall have the same effect and duration as provided in Section 1596.886. (c) The director shall request that the city police, county sheriff, or other law enforcement agencies, and any other county agencies, investigating the death or serious injury of the child shall expedite and coordinate evidence gathering in the case, and, to the extent that providing the evidence will not adversely affect any criminal prosecution, make that evidence available as soon as possible for the purposes of the hearing on the temporary suspension. (d) As used in this section, “serious injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement. (Amended by Stats. 2006, Ch. 538, Sec. 364. Effective January 1, 2007.)
  88. 1596.8866.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The State Department of Social Services must reopen an investigation into a licensed child day care facility when it receives a certified court record meeting the stated condition.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 certified copy of a court record in which a judicial officer has determined that an injury to a child may have been inflicted while in the care and custody of a day care provider. (Amended by Stats. 2002, Ch. 353, Sec. 1. Effective January 1, 2003.)
  89. 1596.8867.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department must make an unannounced visit to a facility within 30 days after a temporary license suspension or revocation, unless it has already verified the facility is nonoperational.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 ensure that the facility is nonoperational, unless the department has previously verified that the facility is nonoperational. (b) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a revocation of a license in order to ensure that the facility is nonoperational, unless the department has previously verified that the facility is nonoperational. (Added by Stats. 2008, Ch. 291, Sec. 20. Effective September 25, 2008.)
  90. 1596.887.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    For license suspension, revocation, or denial proceedings, the department must follow the Government Code hearing procedures, and the administrative law judge may grant continuances only on listed grounds.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by that chapter. In the event of conflict between the provisions of this chapter and those provisions of the Government Code, the provisions of the Government Code shall prevail. (b) In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by the preponderance of the evidence. (c) If the license is not temporarily suspended pursuant to Section 1596.8865, the hearing shall be held within 90 days after receipt of the notice of defense, unless a continuance of the hearing is granted by the department or the administrative law judge. When the matter has been set for hearing, only the administrative law judge may grant a continuance of the hearing. The administrative law judge may, but need not, grant a continuance of the hearing, only upon finding the existence of one or more of the following: (1) The death or incapacitating illness of a party, a representative or attorney of a party, a witness to an essential fact, or of the parent, child, or member of the household of such person, when it is not feasible to substitute another representative, attorney, or witness because of the proximity of the hearing date. (2) Lack of notice of hearing as provided in Section 11509 of the Government Code. (3) A material change in the status of the case where a change in the parties or pleadings requires postponement, or an executed settlement or stipulated findings of fact obviate the need for hearing. A partial amendment of the pleadings shall not be good cause for continuance to the extent that the unamended portion of the pleadings is ready to be heard. (4) A stipulation for continuance signed by all parties or their authorized representatives, including, but not limited to, a representative, which is communicated with the request for continuance to the administrative law judge no later than 25 business days before the hearing. (5) The substitution of the representative or attorney of a party upon showing that the substitution is required. (6) The unavailability of a party, representative, or attorney of a party, or witness to an essential fact due to a conflicting and required appearance in a judicial matter if when the hearing date was set, the person did not know and could neither anticipate nor at any time avoid the conflict, and the conflict with request for continuance is immediately communicated to the administrative law judge. (7) The unavailability of a party, a representative or attorney of a party, or a material witness due to an unavoidable emergency. (8) Failure by a party to comply with a timely discovery request if the continuance request is made by the party who requested the discovery. (Amended by Stats. 1992, Ch. 1315, Sec. 27. Effective January 1, 1993.)
  91. 1596.8871.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    An administrative law judge may let a vulnerable child witness testify outside the respondent’s presence if certain conditions are met, and the department must provide one-way closed-circuit TV in that situation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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, including a witness who is developmentally disabled, to be taken outside the presence of the respondent or respondents if all of the following conditions exist: (1) The administrative law judge determines that taking the witness’s testimony outside the presence of the respondent or respondents is necessary to ensure truthful testimony. (2) The witness is likely to be intimidated by the presence of the respondent or respondents. (3) The witness is afraid to testify in front of the respondent or respondents. (b) If the testimony of the witness is taken outside of the presence of the respondent or respondents, the department shall provide for the use of one-way closed-circuit television so the respondent or respondents can observe the testimony of the witness. Nothing in this section shall limit a respondent’s right of cross-examination. (c) The administrative law judge conducting a hearing under this section may clear the hearing room of any persons who are not a party to the action in order to protect any witness from intimidation or other harm, taking into account the rights of all persons. (Added by Stats. 1994, Ch. 1267, Sec. 10. Effective January 1, 1995.)
  92. 1596.8872.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    In these hearings, certain out-of-court statements by a minor under 12 may be admitted, but the proponent must give reasonable notice and the statement cannot be the sole basis for a factual finding unless reliability is shown.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 administrative hearing conducted pursuant to this article. The out-of-court statement may be used to support a finding of fact unless an objection is timely made and the objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence. However, the out-of-court statement may not be the sole basis for the finding of fact, unless the adjudicator finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. (2) The proponent of the statement shall give reasonable notice to all parties of the intended introduction of the statement at the hearing. (3) For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed out-of-court statement and it gives the proponent of the evidence a reasonable period of time to prepare a response to the objection prior to the hearing. (b) This section shall not be construed to limit the right of any party to the administrative hearing to subpoena a witness whose statement is admitted as evidence or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant. (Added by Stats. 2002, Ch. 707, Sec. 4. Effective January 1, 2003.)
  93. 1596.8875.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department may pay certain witness-related expenses, including in advance of the hearing, but the amount cannot exceed the listed per diem cap.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 expenses in an amount not to exceed the per diem allowance payable to a nonrepresented state employee on travel status. The department may pay witness expenses pursuant to this section in advance of the hearing. (Amended by Stats. 1995, Ch. 938, Sec. 63. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  94. 1596.888.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    A suspended license, registration, or special permit, and a revoked special permit, may be reinstated under Government Code Section 11522.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 pursuant to Section 11522 of the Government Code. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  95. 1596.889.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    In proceedings under Section 1596.887, the preponderance of the evidence standard applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.889. In all proceedings conducted in accordance with Section 1596.887, the preponderance of the evidence standard shall apply. (Added by Stats. 1985, Ch. 1528, Sec. 1.)
  96. 1596.8895.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    This section requires notice and posting when a child day care facility is temporarily suspended, and it requires the licensee to give parents a summary of revocation accusations and keep receipt records.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4. Suspension and Revocation [1596.885 - 1596.8895] ( Article 4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 director or the local licensing agency shall send written notification to the parent or legal guardian of each child receiving services in the facility. The department or the local licensing agency, if there is one, shall also post a written notice of the temporary suspension at the facility in a place readily visible and accessible to the parents or guardians of children receiving services at the facility. Removal of the posted notice while the temporary suspension is in effect is a violation of this chapter punishable by a fine of five hundred dollars ($500). (b) If a temporary suspension order is not effected within 30 days of the filing of an accusation, the director or the local licensing agency shall send written notification that the accusation has been filed to the parent or legal guardian of each child receiving services in the facility. (c) (1) Upon receipt of an accusation indicating the department’s intent to revoke a facility’s license, the licensee shall provide copies of a summary of the accusation to the parent or legal guardian of each child receiving services in the facility until that accusation is either dismissed or resolved through the administrative hearing process or stipulated agreement. (2) Upon enrollment of a new child in a facility, the licensee shall provide to the parents or legal guardians of the newly enrolling child copies of a summary of any accusation that the licensee has received during the prior 12-month period that indicates the department’s intent to revoke the facility’s license. (3) The licensee shall require each recipient of the summary of the accusation to sign a statement indicating that he or she has received the document and the date it was received. (4) The licensee shall keep verification of receipt in each child’s file. (5) The department shall prepare and provide to the licensee the summary of the accusation. (Amended by Stats. 2006, Ch. 545, Sec. 4. Effective January 1, 2007.)
  97. 1596.8897.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4.5. Employee Actions [1596.8897 - 1596.8899] ( Article 4.5 added by Stats. 1989, Ch. 825, Sec. 3. )

    Verify source ↗

    The department may exclude certain people from licensed child care facilities and related roles, and excluded persons can appeal within 15 days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4.5. Employee Actions [1596.8897 - 1596.8899] ( Article 4.5 added by Stats. 1989, Ch. 825, Sec. 3. ) ## 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 employing, or continuing the employment of, or allowing in a licensed facility, or allowing contact with clients of a licensed facility by, any employee, prospective employee, or person who is not a client who has: (1) Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter. (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility, or the people of the State of California. (3) Been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime as defined in Section 1596.871. (4) Engaged in any other conduct that would constitute a basis for disciplining a licensee. (5) Engaged in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients. (b) The excluded person, the facility, and the licensee shall be given written notice of the basis of the department’s action and of the excluded person’s right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the department’s action shall be final. (c) (1) The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility pending a final decision of the matter, when, in the opinion of the department, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety. (2) If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing. (3) Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal: (A) Within 30 days of receipt of the appeal, serve an accusation upon the excluded person. (B) Within 60 days of receipt of a notice of defense by the employee or prospective employee pursuant to Section 11506 of the Government Code, conduct a hearing on the accusation. (4) An order of immediate exclusion of the excluded person from the facility shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the department fails to make a final determination on the merits within 60 days after the original hearing has been completed. (d) An excluded person who files a written appeal of the exclusion order with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated. (e) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. (f) The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, the executive director, or an officer of a licensee prohibiting the excluded person’s employment or presence in the facility, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility. (g) A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1596.885 or 1596.886. (h) (1) (A) In cases in which the excluded person appealed the exclusion order and there is a decision and order upholding the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent or resource family for the remainder of the excluded person’s life, unless otherwise ordered by the department. (B) The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order. (2) (A) In cases in which the department informed the excluded person of their right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent or resource family for the remainder of the excluded person’s life, unless otherwise ordered by the department. (B) The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order. (i) For purposes of this section, exclusion, as specified in subdivision (a), shall include exclusion from the home of a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2019, Ch. 777, Sec. 16. (AB 819) Effective January 1, 2020.)
  98. 1596.8898.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4.5. Employee Actions [1596.8897 - 1596.8899] ( Article 4.5 added by Stats. 1989, Ch. 825, Sec. 3. )

    Verify source ↗

    The department must exclude certain people from board or officer roles in licensed facilities when specified prior licenses, approvals, or applications were revoked, rescinded, or denied; in some cases it may decide not to exclude them if the underlying reasons were corrected or no longer exist.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4.5. Employee Actions [1596.8897 - 1596.8899] ( Article 4.5 added by Stats. 1989, Ch. 825, Sec. 3. ) ## 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 with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the applicant previously was approved as a resource family under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the prior license was revoked or prior approval was rescinded within the preceding two years, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to the chapter. (2) If the department determines that a person previously was issued a certificate of approval by a foster family agency that was revoked or rescinded by the department pursuant to subdivision (d) of Section 1517 or subdivision (b) of Section 1534 within the preceding two years, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter. (b) If the department determines that the person had previously applied for a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the person previously applied for resource family approval under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the application was denied within the last year, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter and as follows: (1) In cases in which the applicant petitioned for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department or county informed the applicant of the right to petition for a hearing and the applicant did not petition for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (c) If the department determines that the person had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (d) of Section 1517 or subdivision (b) of Section 1534, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter and as follows: (1) In cases in which the applicant petitioned for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department informed the applicant of the right to petition for a hearing and the applicant did not petition for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (d) Exclusion or removal of an individual pursuant to this section shall not be considered an order of exclusion for purposes of Section 1598.8897 of this code, Section 16519.6 of the Welfare and Institutions Code, or any other law. (e) The department may determine not to exclude a person from, or remove the person from the position of, a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter if it has determined that the reasons for the denial of the application or revocation of the facility license or certificate of approval, or the denial or rescission of resource family approval, were due to circumstances or conditions that either have been corrected or are no longer in existence. (f) For purposes of this section, exclusion from a licensed facility shall include exclusion from a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code. The exclusion of a resource family or an applicant for resource family approval pursuant to this section shall only be imposed as set forth in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2020, Ch. 104, Sec. 14. (AB 2944) Effective September 18, 2020.)
  99. 1596.8899.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4.5. Employee Actions [1596.8897 - 1596.8899] ( Article 4.5 added by Stats. 1989, Ch. 825, Sec. 3. )

    Verify source ↗

    The department must make an unannounced visit to a facility within 30 days after serving an immediate exclusion order, unless it has already verified the excluded person is not in the facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 4.5. Employee Actions [1596.8897 - 1596.8899] ( Article 4.5 added by Stats. 1989, Ch. 825, Sec. 3. ) ## 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 upon the licensee or a person subject to immediate removal or exclusion from the facility pursuant to paragraph (2) of subdivision (c) of Section 1596.871 or subdivision (c) of Section 1596.8897 in order to ensure that the excluded person is not within the facility, unless the department previously has verified that the excluded person is not within the facility. (Added by Stats. 2008, Ch. 291, Sec. 21. Effective September 25, 2008.)
  100. 1596.89.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The director, or a contracted department/agency in some cases, may seek a court order to stop violations or threatened violations of the cited child care provisions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. Upon a finding by the director that the violation threatens the health or safety of any child in, or served by, a child day care facility, the department or agency contracted with may bring an action to enjoin the violation, threatened violation, or continued violation by any child day care facility which is located in an area for which it is responsible pursuant to the terms of the contract. With respect to any and all actions brought pursuant to this section alleging actual violation of Section 1596.80 or 1596.805, the court shall, if it finds such allegations to be true, issue its order enjoining the child day care facility from continuance of the violation. This section applies to family day care homes when the provider has failed to comply with Section 1596.80 or 1596.805 within 30 days of notice by the director of noncompliance, or at any time when a threat to the health and safety of children exists. (Amended by Stats. 1985, Ch. 1064, Sec. 22.)
  101. 1596.890.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Violating child day care chapter rules can be a misdemeanor, with fines, jail, or both; operating without a license can lead to a court summons.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 misdemeanor. Upon conviction thereof, such a person shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days, or by both the fine and imprisonment. The operation of a child daycare facility without a license issued pursuant to this chapter shall make the owner or operator, or both, subject to a summons to appear in court. (b) Notwithstanding subdivision (a) or any other provision of law, the sole sanction for failure of a resources and referral agency or an alternative payment program to comply with paragraph (2) of subdivision (a) of Section 1596.859 shall be set forth in the “Funding Terms and Conditions” agreement between the affected agency or program and the department. (Amended by Stats. 2021, Ch. 116, Sec. 254. (AB 131) Effective July 23, 2021.)
  102. 1596.891.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    Violators of Section 1596.80 may face a civil penalty of $200 per day, with an appeal available to the director and a possible exemption for certain operators lacking liability insurance.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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) The penalty specified in subdivision (a) shall be imposed if the operator of an unlicensed facility refuses to seek licensure or the operator seeks licensure and is denied but continues to operate, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department. (c) The operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeals procedure. (d) The operator shall be exempt from the civil penalty specified in subdivision (a) if a lack of liability insurance is the sole reason for nonlicensure and the reason for operating without liability insurance is not due to any fault on the part of the operator. (Amended by Stats. 1990, Ch. 1488, Sec. 4.)
  103. 1596.8915.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    It is a misdemeanor for any person to tell a child day care facility about an upcoming unannounced department site visit without lawful authorization.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 agent of a child day care facility of an impending and unannounced site visit to that facility by personnel of the department, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), by imprisonment in the county jail for a period not to exceed 180 days, or by both a fine and imprisonment. (Amended by Stats. 1991, Ch. 888, Sec. 13.)
  104. 1596.892.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The department may use civil, criminal, and administrative remedies in any combination it thinks advisable to enforce this chapter, and those remedies are not exclusive.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 combination deemed advisable by the department to enforce the provisions of this chapter. (Added by Stats. 1985, Ch. 1110, Sec. 3.)
  105. 1596.893a

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The licensing agency may cite a day care facility for suspected violations, and a facility that wants to contest a citation or civil penalty must request an informal conference in writing within 10 business days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 California Child Day Care Facilities Act or of the rules and regulations promulgated under the California Child Day Care Facilities Act, the agency may issue a citation to the facility. Each citation shall be in writing and shall describe with particularity the nature of the violation and the action proposed by the licensing agency. If the citation has been developed pursuant to an evaluator visit, the citation shall include the plan developed by the operator and evaluator to correct each deficiency. The citation shall be served upon the facility operator personally or through registered mail. (b) The licensing agency shall give due consideration to the appropriateness of the penalty to the alleged violation, considering each of 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) If the facility desires to contest a citation or the proposed assessment of a civil penalty, the facility shall, within 10 business days after service of the citation, notify the licensing agency in writing of a request for an informal conference. The licensing agency shall hold, within 30 days from the receipt of the request, an informal conference. At the conclusion of the conference, the licensing agency may affirm, modify, or dismiss the citation or proposed penalty. The agency shall state in writing the reasons for any action taken in the informal conference. (d) If the penalty contained in the citation is affirmed in the informal conference, the licensing agency shall pursue enforcement of the penalty, and the facility may pursue any appeal mechanisms otherwise contained in law. (e) The department shall implement this section during periods that Section 1596.893b is not being implemented in accordance with Section 18285.5 of the Welfare and Institutions Code. (Added by Stats. 1993, Ch. 726, Sec. 4. Effective October 4, 1993.)
  106. 1596.893b

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The licensing agency may cite or penalize certain child day care facilities when it has reason to believe there is an unlicensed facility or a violation, and citations must be written and specific.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 California Child Day Care Facilities Act or of the rules and regulations promulgated under the California Child Day Care Facilities Act, the agency may issue a citation to, or impose penalties on, the facility. Each citation shall be in writing and shall describe with particularity the nature of the violation and the action proposed by the licensing agency. If the citation has been developed pursuant to an evaluator visit, the citation shall include the plan developed by the operator and evaluator to correct each deficiency. The citation shall be served upon the facility operator personally or through registered mail. Citations and penalties of licensed child care facilities shall be applied for the sole purpose of ensuring compliance with established statutes or regulations. The department shall distinguish between all of the following: (1) Violations that present an immediate risk to the health, safety, or personal rights of the children in care. (2) Violations that have the potential of becoming an immediate risk to the health, safety, or personal rights of the children in care. (3) Violations that do not present an immediate or potential risk to the health, safety, or personal rights of the children in care. (b) Civil penalties shall be imposed in accordance with Sections 1596.99 and 1597.62 only after the day care licensee fails to correct the violation in the time period specified in the plan developed pursuant to Section 1596.98 or 1597.56 and the evaluator makes a finding that the violation presents risks identified in paragraph (1) or (2) of subdivision (a). Civil penalties shall begin to accrue on the day the evaluator revisits the site and verifies that the violation was not corrected, even if the evaluator’s visit is after the time period specified in the plan. (c) The department shall adopt regulations establishing procedures for the imposition of citations or civil penalties under this section. (d) 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. (Added by renumbering Section 1596.893 (as amended by Stats. 1992, Ch. 1316) by Stats. 1993, Ch. 726, Sec. 5. Effective October 4, 1993.)
  107. 1596.893c

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must consider certain compliance status before issuing a citation or civil penalty, and it must withdraw citations or civil penalties if the facility shows it was trying to comply. A child daycare facility may appeal a related citation or civil penalty if it was in the process of complying.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 facility that contracts with the department or the State Department of Education, whether the child daycare facility is in the process of complying with Section 8489.1 of the Education Code or Section 10491.1 of the Welfare and Institutions Code. (b) A child daycare facility may appeal a citation or civil penalty issued by the department that is related to the behavior of a child, including the actions of the facility or its staff related to the behavior of a child, if the facility is in the process of complying with Section 8489.1 of the Education Code or Section 10491.1 of the Welfare and Institutions Code. The department shall withdraw all citations or civil penalties upon the presentation of evidence by the facility that it was in the process of complying with Section 8489.1 of the Education Code or Section 10491.1 of the Welfare and Institutions Code. (Amended by Stats. 2022, Ch. 915, Sec. 5. (AB 2806) Effective January 1, 2023.)
  108. 1596.894.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    A department action against an unlicensed child day care facility does not end because the facility is sold or transferred, unless the licensing agency gives written consent.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 child day care facility which is a party to the action except with the written consent of the licensing agency. (Added by renumbering Section 1596.891 (as added by Stats. 1985, Ch. 1064) by Stats. 1988, Ch. 160, Sec. 96.)
  109. 1596.895.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    The department must notify certain resource and referral agencies about priority one violations or allegations, and those agencies must use the information for referral decisions and keep it confidential.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 5. Offenses [1596.89 - 1596.895] ( Article 5 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 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 violation or any allegation of a priority one violation affecting the health and safety of children that is within the geographic area served by the agency. Resource and referral agencies shall use this information when deciding whether to make a referral to the licensee and shall maintain the confidentiality of information provided to them pursuant to this section. (b) The Child Care Regulation Section shall notify these resource and referral agencies of the department’s actions regarding these allegations of priority one violations within 30 days. The Child Care Regulation Section shall notify these resource and referral agencies of the department’s actions regarding these allegations of priority one violations within 10 days after the allegations have been substantiated by the department. (c) “Priority one violation” is defined to include sexual assault, physical abuse, ritualistic abuse, or suspicious deaths, if any of the following apply: (1) The victim is a child in care and the suspect is the facility operator, the licensee, an employee of the facility, or is yet to be identified as any of the individuals specified in this paragraph. (2) The facility is operating and the suspect has access to the victim or potential victim. (3) The complaint is against an unlicensed facility and either a temporary suspension order is in effect or the license has been revoked. (d) “Allegation of a priority one violation” is defined to include any complaints of priority one violations pursuant to subdivision (c). (e) 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. (Amended by Stats. 2021, Ch. 116, Sec. 256. (AB 131) Effective July 23, 2021.)
  110. 1596.90.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 1. General Provisions [1596.90- 1596.90.] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    A day care center for children cannot be licensed under Chapter 3 and must be licensed only under this chapter and Chapter 3.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 1. General Provisions [1596.90- 1596.90.] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.90. No day care center 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). (Added by Stats. 1984, Ch. 1615, Sec. 10.)
  111. 1596.95.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    People applying for a day care center license or special permit must file an application with the department and include required information.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.95. Any person desiring issuance of a license for a daycare center or a special permit for specialized services in a daycare center under this chapter shall file with the department pursuant to regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following: (a) Evidence satisfactory to the department of the ability of the applicant to comply with this act and rules and regulations adopted pursuant to this act by the department. (b) Evidence satisfactory to the department that the applicant is a reputable and responsible character. This evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, evidence of reputable and responsible character shall be submitted as to the members or shareholders thereof, and the person in charge of the daycare center for which application for issuance of license or special permit is made. (c) Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this act. The information shall be required only upon initial application for licensure, and when requested by the department, in writing, explaining the need for the evidence as part of the department’s investigative function. (d) Disclosure of the applicant’s prior or present service as an administrator, general partner, corporate officer, or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in any child daycare facility or in any facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500). (e) Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in subdivision (d). (f) Evidence satisfactory to the department that there is a fire escape and emergency and disaster plan for the facility. (g) Evidence satisfactory to the department that the applicant has posted signs at the point of entry to the facility that provide the telephone number of the local health department and state all of the following: (1) Protect your child—it is the law. (2) All the information specified in Sections 27360 and 27360.5 of the Vehicle Code regarding child passenger restraint systems. (3) Call your local health department for more information. (h) Any other information as may be required by the department for the proper administration and enforcement of this act. (i) 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. (Amended by Stats. 2026, Ch. 25, Sec. 24. (AB 150) Effective June 29, 2026.)
  112. 1596.951.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The department must adopt regulations to create a childcare center license, and all daycare centers must be licensed as childcare centers by January 1, 2024.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.951. (a) It is the intent of the Legislature to create a childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for childcare providers and maximizing administrative efficiency while supporting a continuum of services in a manner consistent with all respective health and safety requirements. (b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before January 1, 2024, all daycare centers shall be licensed as childcare centers pursuant to this section. (c) The regulations adopted pursuant to subdivision (b) shall include, but are not limited to, all of the following: (1) Components for serving infant, toddler, preschool, and schoolage children. (2) Health and safety standards for children in care. (3) Enhanced ability to transition children from one age group to the next. (d) During the development and adoption of the regulations required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served. In considering best practices for continuity of care for preschool age children, the department shall consult with the State Department of Education. (e) The department may charge an applicant for a childcare center license a fee commensurate with license fee schedules established for daycare centers in Section 1596.803. (f) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar written instructions that shall have the same force and effect of regulations until regulations are adopted. In developing an all-county letter or similar written instruction, the department shall consult with the State Department of Education regarding implementation and administration for preschool age children. (Amended by Stats. 2022, Ch. 910, Sec. 1. (AB 2131) Effective January 1, 2023.)
  113. 1596.952.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    A corporate daycare licensure applicant must list certain facilities, and the department cannot issue a license to a corporate applicant with an ineligible director or officer.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.952. (a) A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, the executive director, or an officer that has been licensed to operate, been employed in or served as a member of the board of directors, the executive director, or an officer. (b) The department shall not issue a provisional license or license to any corporate applicant that has a member of the board of directors, the executive director, or an officer who is not eligible for licensure pursuant to Sections 1596.851 and 1596.8898. (c) The department may revoke the license of any corporate licensee that has a member of the board of directors, the executive director, or an officer who is not eligible for licensure pursuant to Sections 1596.851 and 1596.8898. (d) Prior to instituting an administrative action pursuant to subdivision (b) or (c), the department shall notify the applicant or licensee of the person’s ineligibility to be a member of the board of directors, an executive director, or an officer of the applicant or licensee. The licensee has 15 days to remove the person from that position if the person does not have client contact, or immediately upon notification if the person has client contact. (Added by Stats. 1998, Ch. 311, Sec. 50. Effective August 19, 1998.)
  114. 1596.954.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    Licensed child day care centers must have carbon monoxide detectors that meet specified standards, and the department must account for those detectors during inspections.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.954. Every licensed child day care center shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections. (Added by Stats. 2014, Ch. 503, Sec. 4. (AB 2386) Effective January 1, 2015.)
  115. 1596.96.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    This section sets deadlines for child care license applications, including review, clearance requests, provisional licensing, notices, and appeals procedures.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.96. (a) The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an applicant’s submission of a complete application on all applications for a license to operate a day care facility for children by an organization which possesses a current valid license to operate a day care facility for children at another site. Applicants shall note on the application, or in a cover letter to the application, that they possess a current valid license at another site, and the number of that license. (b) The department shall request a fire safety clearance from the appropriate fire marshal within five days of receipt of an application described in subdivision (a). The department shall request criminal records clearance within five days of receipt of an application described in subdivision (a), unless the clearance requirement has been otherwise satisfied by transfer of clearance under subdivision (g) of Section 1596.871. (c) If the department for any reason is unable to comply with subdivision (a), it shall, within 60 days of receipt of the application described in subdivision (a), grant a provisional license to the applicant to operate for a period not to exceed six months. While the provisional license is in effect, the department shall continue its investigation and make a final determination on the application before the provisional license expires. The provisional license shall be granted, provided the department knows of no life safety risks, the criminal records clearances, if applicable, are complete, and the fire safety clearance is complete. The director may extend the term of a provisional license for an additional six months at the time of the application, if the director determines that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, and if all other requirements for a license have been met. (d) If the department does not issue a provisional license pursuant to subdivision (c), the department shall issue a notice to the applicant identifying whether the provisional license has not been issued due to the existence of a life safety risk, lack of a fire safety clearance, lack of a criminal records clearance, failure to complete the application, or any combination of these reasons. If a life safety risk is identified, the risk preventing the issuance of a provisional license shall be clearly explained. If a lack of the fire safety clearance or lack of criminal records clearance is identified, the notice shall include the dates on which the department requested the clearance and the current status of those requests, the fire marshal’s name and telephone number to whom a fire safety clearance request was sent, and the names of individuals for whom criminal records clearances are lacking. If failure to complete the application is identified, the notice shall list all of the forms or attachments which are missing or incorrect. This notice shall be sent to the applicant no later than 60 days after the applicant filed the application. If the reasons identified in the notice are corrected, the department shall issue the provisional license within five days after the corrections are made. (e) The department shall, immediately after January 1, 1992, develop expedited procedures necessary to implement subdivisions (a), (b), (c), and (d). (f) The department shall, immediately after January 1, 1992, develop an appeal procedure for applicants under this section for both denial of licenses and delay in processing applications. (Amended by Stats. 1991, Ch. 867, Sec. 7.)
  116. 1596.97.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    A day care center license or special permit may be issued only if the licensee has not violated the applicable statutory requirements, rules, or regulations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.97. A license or special permit for a day care center for children may be issued providing the licensee has been found not to be in violation of any statutory requirements or rules or regulations pursuant to this chapter and Chapter 3.4 (commencing with Section 1596.70). (Amended by Stats. 1992, Ch. 1315, Sec. 30. Effective January 1, 1993.)
  117. 1596.98.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The department must notify a day care center in writing about compliance deficiencies and give a reasonable time to fix them. If the center is noncompliant, the department may assess a daily civil penalty until compliance is found.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.98. (a) The department shall notify the day care center in writing of all deficiencies in its compliance with this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the center. Upon a finding of noncompliance, the department may levy a civil penalty which shall be paid to the department each day until the department finds the center 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. (Amended by Stats. 2008, Ch. 291, Sec. 22. Effective September 25, 2008.)
  118. 1596.99.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The department must impose civil penalties on licensed child care facilities for uncorrected deficiencies and certain serious violations, and licensees can seek review and appeal.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 2. Licensure Requirements [1596.95 - 1596.99] ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1596.99. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department shall levy civil penalties as follows: (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if a facility fails to correct a deficiency after being provided a specified length of time to correct the deficiency. (A) If a licensee or a licensee’s representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence. (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected. (C) If the department determines that the deficiency has not been corrected, the civil penalty shall continue to accrue from the date of the original citation. (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date. (2) (A) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in paragraph (1), the department shall assess an immediate civil penalty of two hundred fifty dollars ($250) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval. (B) For purposes of this section, “repeat violation” means a violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals. (C) Notwithstanding subparagraphs (A) and (B), the department, in its sole discretion, may reduce the civil penalty for the cited repeat violation to the level of the underlying violation, as applicable, if it determines that the cited repeat violation is not substantially similar to the original violation. (3) If 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 provided in this chapter, a correction of a deficiency shall not impact the imposition of a civil penalty. (c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation, for any of the following serious violations: (1) Any violation that the department determines resulted in the injury or illness of a child. (2) Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems. (3) Absence of supervision, including, but not limited to, a child left unattended, and supervision of a child by a person under 18 years of age. (4) Accessible bodies of water, when prohibited by this chapter or regulations adopted pursuant to this chapter. (5) Accessible firearms, ammunition, or both. (6) Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09. (7) The presence of a person subject to a department Order of Exclusion on the premises. (d) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in subdivision (c), the department shall assess an immediate civil penalty of one thousand dollars ($1,000) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval. (e) For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows: (1) Seven thousand five hundred dollars ($7,500) for a facility licensed to care for 30 or fewer children. (2) Ten thousand dollars ($10,000) for a facility licensed to care for 31 to 100, inclusive, children. (3) Fifteen thousand dollars ($15,000) for a facility licensed to care for more than 100 children. (f) (1) For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows: (A) Two thousand five hundred dollars ($2,500) for a facility licensed to care for 30 or fewer children. (B) Five thousand dollars ($5,000) for a facility licensed to care for 31 to 100, inclusive, children. (C) Ten thousand dollars ($10,000) for a facility licensed to care for more than 100 children. (2) For purposes of this subdivision, “physical abuse” includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2) (A) The department shall reduce the amount of a civil penalty due pursuant to subdivision (e) or (f) by the amount of the civil penalty already assessed for the underlying violation. (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department. (h) Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers 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 day care center providers. (i) (1) A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area in which the deficiency occurred. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth the appeal procedures for deficiencies. (j) (1) A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy director’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence. (3) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process. (4) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation. (k) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional manager’s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator’s decision is considered final and concludes the licensee’s administrative appeal rights regarding the appeal conducted pursuant to this paragraph. (3) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation. (l) The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 8 of Chapter 813 of the Statutes of 2014. (m) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act. (n) This section shall become operative on July 1, 2017. (Repealed (in Sec. 13) and added by Stats. 2016, Ch. 823, Sec. 14. (AB 2231) Effective January 1, 2017. Section operative July 1, 2017, by its own provisions.)
  119. 1597.05.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    Child day care licensing reviews must focus on health and safety only, and licensees must meet specific record and director-verification deadlines.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.05. (a) Licensing reviews of a child day care center shall be limited to health and safety considerations and shall not include any reviews of the content of any educational or training program of the facility. (b) A licensee shall have 30 days after the employment of a staff person or enrollment of a child to secure records requiring information from sources not in the control of the licensee, staff person, or child. An extension can be granted where the licensee can demonstrate that further delays are beyond the control of the licensee. No additional onsite inspections for the purpose of checking completion of the designated records shall be made during the 30-day period. “Records,” for the purposes of this subdivision, mean those types of records requiring information from sources not in the control of the facilities, and include, but are not limited to, all of the following: (1) Physical examination reports by physicians and surgeons. (2) Confirmation of required immunizations. (3) Submission of official data describing the educational qualifications of the facility staff. (c) Within 90 days of employing a facility director, a licensee shall secure verification that the facility director has completed an orientation given by the department and shall maintain a copy of that verification. (Amended by Stats. 2006, Ch. 545, Sec. 5. Effective January 1, 2007.)
  120. 1597.055.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    A person may be hired as a day care center teacher only if listed training, age, immunity/tuberculosis, and related conditions are met. After hiring, the teacher must keep making educational progress and must stay under onsite supervision until enough units are completed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.055. (a) Notwithstanding any other educational requirements, a person may be hired as a teacher in a day care center if he or she satisfies all of the following conditions: (1) Is 18 years of age or older. (2) Possesses a regional occupation program certificate of training in child care occupations issued by a regional occupational program which is accredited by the Western Association of Schools and Colleges. (3) Has completed at least 95 hours of classroom instruction in child care and development and child care occupations and at least 150 hours in supervised field experience in a licensed day care center or comparable group child care program. (4) Commencing September 1, 2016, has provided evidence of current immunity or exemption from immunity, as described in Section 1596.7995. (5) Has provided evidence of a current tuberculosis clearance, as described in subdivision (g) of Section 101216 of Title 22 of the California Code of Regulations. This requirement may be satisfied by a current certificate, as defined in subdivision (f) of Section 121525, that indicates freedom from infectious tuberculosis as set forth in Section 121525. (b) Subsequent to being hired pursuant to subdivision (a), a teacher shall make satisfactory progress towards meeting the educational requirement for a fully qualified teacher, as specified in departmental regulations. For purposes of this section, “satisfactory progress” shall mean completion, with passing grades, of a minimum of two units each semester or the equivalent number of units each quarter until the educational requirement is satisfied. Six of the required semester or equivalent number of quarter units of early childhood education from an accredited university or college shall be completed during the next two consecutive regular semesters or equivalent quarters. (c) A teacher hired pursuant to this section shall not be exempt from satisfying any other noneducation requirements imposed by law on teachers in day care centers and shall have onsite supervision by a fully qualified teacher until six of the units specified in subdivision (b) are completed. (Amended by Stats. 2015, Ch. 807, Sec. 2. (SB 792) Effective January 1, 2016.)
  121. 1597.056.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    A person may be hired to provide extended day care in a day care center if they are otherwise qualified to be hired by a school district to teach children of that grade level.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.056. Notwithstanding any other educational requirements, a person may be hired to provide extended day care for children of a given grade level in a day care center if the person is otherwise qualified to be hired by a school district to teach children of that grade level. (Added by Stats. 1987, Ch. 626, Sec. 1.)
  122. 1597.057.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    A department coursework requirement for qualifying as a day care center teacher may be met with a valid child development associate credential with the specified endorsements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.057. Any requirement established by the department, pursuant to Article 1 (commencing with Section 1596.70) of Chapter 3.4, that coursework in early childhood education or child development, or both, be completed in order to fully qualify as a day care center teacher, may be satisfied with a valid child development associate credential issued by the Child Development Associate National Credentialing Program for a center-based setting with a preschool age level or infant/toddler age level endorsement. The preschool age level endorsement shall qualify the holder of the credential as a day care center teacher for ages three to five, inclusive, and the infant/toddler age level endorsement shall qualify the holder of the credential as a day care center teacher for up to, and including, age two. The child development associate credential used to qualify individuals as day care center teachers shall involve standards that are no less stringent than those in effect on January 1, 1988. (Added by Stats. 1988, Ch. 1326, Sec. 5. Effective September 26, 1988.)
  123. 1597.059.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The State Department of Social Services must adopt guidelines allowing an aide to help supervise up to 18 preschool-age children, and the aide must earn at least two approved education units each semester or quarter until six units are completed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.059. (a) The State Department of Social Services shall adopt guidelines and procedures to permit an aide to assist a fully qualified child care teacher in the supervision of up to 18 preschool age children, with the requirement that the aide shall complete at least two accredited postsecondary semester units or equivalent quarter units of early childhood education or child development per semester or quarter, commencing with the first semester or quarter following initial employment and continuing until six units have been completed. (b) For purposes of this section, “preschool age children” means children who are enrolled in a child day care center licensed by the department and who are not enrolled in either an infant care center or a schoolage child day care center, as these terms are defined in Title 22 of the California Code of Regulations. (c) This section shall not become operative prior to June 30, 1993. (Added by Stats. 1993, Ch. 246, Sec. 3. Effective (and operative) August 2, 1993.)
  124. 1597.07.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The department must require each licensee to have a written policy statement, keep an affidavit from each child’s parent or guardian showing the statement was read, and provide a parent list to all parents with consent.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.07. The department shall require of every licensee a written policy statement which shall include names and qualifications of all current employees, admission policies, program philosophy, the location and telephone number of the nearest local office responsible for child day care licensing, disciplinary practices, and the licensee’s policy and practice regarding preventive health and care of children with non-life-endangering illnesses. The facility shall retain an affidavit signed by the parent or guardian of every child in the facility indicating he or she has read this statement. The licensee shall also provide to all parents, at the consent of the parents involved, a list of parents of children served by the facility. (Added by Stats. 1984, Ch. 1615, Sec. 10.)
  125. 1597.08.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    All site visits must be unannounced.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.08. All site visits shall be unannounced. (Added by Stats. 1984, Ch. 1615, Sec. 10.)
  126. 1597.09.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    Licensed child day care centers are subject to unannounced inspections by the department, including annual inspections in specified situations and at least every three years.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.09. (a) Each licensed child day care center shall be subject to unannounced inspections by the department. The department shall inspect these facilities as often as necessary to ensure the quality of care provided. (b) The department shall conduct an annual unannounced inspection of a licensed child day care center under any of the following circumstances: (1) When a license is on probation. (2) When the terms of agreement in a facility compliance plan require an annual inspection. (3) When an accusation against a licensee is pending. (4) In order to verify that a person who has been ordered out of a child day care center by the department is no longer at the facility. (c) (1) The department shall conduct an annual unannounced inspection of no less than 30 percent of facilities not subject to an evaluation under subdivision (b). (2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department. (d) The department shall inspect a licensed child day care center at least once every three years. (e) It is the intent of the Legislature to achieve annual inspections for licensed child day care centers governed by this section on or before July 1, 2021. (Amended by Stats. 2019, Ch. 27, Sec. 13. (SB 80) Effective June 27, 2019.)
  127. 1597.091.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The department must annually make unannounced spot visits to 20% of licensed child day care centers, except schoolage child day care centers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.091. (a) In addition to the visits required by Section 1597.09, the department shall annually make unannounced spot visits to 20 percent of all child day care centers licensed under this chapter, except schoolage child day care centers. The unannounced visits may be made at any time during the facility’s business hours. At no time shall other site visit requirements described by this section prevent a timely site visit response to a complaint as required by Section 1596.853. (b) The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code. (Amended by Stats. 2002, Ch. 1022, Sec. 5. Effective September 28, 2002.)
  128. 1597.11.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The department must notify the State Department of Education when it finds licensing violations at a licensed child care or development facility that, by regulation, endanger children’s health and safety.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.11. The department shall notify the State Department of Education when a child care or development facility licensed pursuant to this chapter is found to have licensing violations which the department has determined, by regulation, to endanger the health and safety of the children receiving care. This notification shall be made no later than 15 days after the finding of the violation or violations. (Added by Stats. 1985, Ch. 1064, Sec. 29.)
  129. 1597.13.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The department, and any contracted local agency, must decide day care center license applications within 30 days after receiving the required materials, after a site visit and compliance check. The department must also conduct an initial site visit within 30 days after receiving the materials.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.13. The department and any local agency with which it contracts for the licensing of day care centers shall grant or deny an application for license within 30 days after receipt of all appropriate licensing application materials, as determined by the department, after a site visit has been completed and the facility has been found to be in compliance with licensing standards. The department shall conduct an initial site visit within 30 days after the receipt of all appropriate licensing application materials. (Added by renumbering Section 1597.11 (as added by Stats. 1985, Ch. 1064, Sec. 10) by Stats. 1988, Ch. 160, Sec. 97.)
  130. 1597.14.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    When a licensed child day care center is sold and a new license will be needed, the licensee must give notice, the seller and buyer must follow licensing steps, and the transfer cannot happen until the buyer qualifies or the waiting period ends.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.14. (a) Notwithstanding Section 1596.858, in the event of a sale of a licensed child day care center where the sale will result in a new license being issued, the sale and transfer of property and business shall be subject to both of the following: (1) The licensee shall provide written notice to the department and to the child’s parent or his or her legal guardian of the licensee’s intent to sell the child day care center at least 30 days prior to the transfer of the property or business, or at the time that a bona fide offer is made, whichever period is longer. (2) The licensee shall, prior to entering into an admission agreement, inform the child’s parent or his or her legal guardian, admitted to the facility after notification to the department, of the licensee’s intent to sell the property or business. (b) Except as provided in subdivision (e), the property and business shall not be transferred until the buyer qualifies for a license or provisional license pursuant to this chapter. (1) The seller shall notify, in writing, a prospective buyer of the necessity to obtain a license, as required by this chapter, if the buyer’s intent is to continue operating the facility as a child day care center. The seller shall send a copy of this written notice to the licensing agency. (2) The prospective buyer shall submit an application for a license, as specified in Section 1596.95, within five days of the acceptance of the offer by the seller. (c) No transfer of the facility shall be permitted until 30 days have elapsed from the date when notice has been provided to the department pursuant to paragraph (1) of subdivision (a). (d) The department shall give priority to applications for licensure that are submitted pursuant to this section in order to ensure timely transfer of the property and business. The department shall make a decision within 60 days after a complete application is submitted on whether to issue a license pursuant to Section 1596.95. (e) If the parties involved in the transfer of the property and business fully comply with this section, then the transfer may be completed and the buyer shall not be considered to be operating an unlicensed facility while the department makes a final determination on the application for licensure. (Amended by Stats. 1994, Ch. 236, Sec. 1. Effective January 1, 1995.)
  131. 1597.15.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    The director must authorize a University of California pilot project, and selected child care licensees and staff may perform certain feeding or nebulizer medication tasks under the project’s conditions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.15. (a) The director shall authorize the University of California to conduct a pilot project pursuant to this section for a period not to extend 24 months beyond the date that funding is available for expenditure for the pilot project. The purpose of the pilot project is to test the feasibility of permitting family day care home providers and child day care center staff to undertake gastric tube feeding or the administration of medication through nebulizers under the conditions and with the precautions specified in subdivision (c). (b) Notwithstanding any other provision of law, upon authorization from the director pursuant to subdivision (a), child day care center and family day care home licensees and staff selected by the principal investigator of the pilot project, to be known as the Access Project, or his or her staff shall be authorized to undertake gastrostomy tube feeding or the administration of medication through nebulizers on children enrolled in their facilities. (c) For the purposes of the pilot project, the following precautions shall be taken: (1) The principal investigator selected by the University of California shall be a person who is licensed to practice medicine in the state and is experienced in supervising programs in which nonmedical personnel perform minor health procedures. (2) The availability of, and interaction with, experienced nurses with appropriate experience, as determined by the principal investigator, shall be part of the study design. (3) Only children with explicit and signed permission from their personal physicians shall be included in the pilot project. (d) The University of California shall notify the department of any family day care provider or child day care center staff selected to participate in the training and procedures described in subdivision (b) prior to undertaking these procedures. (e) Eighteen months after the date funding for the proposed pilot became available for expenditure, the principal investigator of the Access Project shall submit an evaluation of the project to the Assembly Human Services Committee and the Senate Health and Human Services Committee of the Legislature. In preparing the evaluation, the Access Project shall consult with representatives from the State Department of Health Services, the department, family day care associations, family resource centers and networks, the child care center provider community, and child care resource and referral agencies. The principal investigator of the Access Project shall consult with the department to determine the additional data necessary for the department to make use of the evaluation. The evaluation shall include, but not be limited to, all of the following: (1) The number of family day care home providers who participated in the project, with information identifying the procedure the provider was trained in and his or her licensed capacity and actual enrollment. (2) The number of child day care center staff who participated in the project, with information identifying the procedure the staff was trained in, the licensed capacity and actual enrollment of the program, and the number of staff overall. (3) The number of children who were able to be served in licensed child care programs with trained family day care home providers or child day care center staff. (4) Overall impressions, problems encountered, and satisfaction with the pilot project by providers and staff. (5) Overall impressions, problems encountered, and satisfaction with the pilot project by parents and children. (6) Overall impressions, problems encountered, and satisfaction with the pilot project by licensing staff. (7) Overall impressions, problems encountered, and satisfaction with the pilot project by those providing the training, backup, and monitoring, of a nonlicensing nature. (8) Input from providers, staff, trainers, parents, and children as appropriate about the effectiveness of the pilot project. (9) An assessment of the adequacy of the training, including curriculum and core competencies for the health care procedures taught; teaching methods used in the project; and the quality of health care procedures provided, including errors and incidents. (10) The impact on health and safety from engaging in these procedures on the child needing the procedure and the other children and staff in the program, where measurable. (11) The impact of the pilot project on increasing the ability of child care programs to serve children with special health needs. (12) The number of nurse visits required for initial placement in the child care setting. (13) The need for a nurse with appropriate experience, as determined by the principal investigator, after placement is arranged and initiated as an adjunct to support each child’s own physician or physicians. (14) The cost of providing the training and services. (15) Recommendations as to whether the pilot project should be expanded to enable family day care home providers and child day care center staff throughout the state to undertake these procedures and under what specific conditions, with accompanying rationales. (16) Recommendations for other possible procedures to be authorized in a pilot project with the reasons for those recommendations. (17) The cost of the care provided in the project, the likely cost of the care if performed by the child day care licensees or staff pursuant to the project, and the cost for provision of that care by the child’s current care providers, specifically including the cost of nursing services. (18) The number of Medi-Cal recipients participating in the project. (f) No provision of this section applies to the Regents of the University of California unless the Regents, by appropriate resolution, make it applicable. It is the intent of the Legislature that the project be funded from non-General Fund resources. (g) This section shall remain in effect only until two years from the date funding is available for expenditure for the pilot project established pursuant to this section and as of that date shall be repealed, unless a later enacted statute, which is chaptered before that date, deletes or extends that date. The director shall notify the Chief Clerk of the Assembly in writing of the date this section is repealed and the Chief Clerk shall publish the notification in the Assembly Journal. (Amended by Stats. 1996, Ch. 124, Sec. 51. Effective January 1, 1997. Repealed on date prescribed by its own provisions.)
  132. 1597.16.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    Some licensed child day care centers must test drinking water for lead, send samples to an accredited lab, and notify parents or guardians of the testing requirement and results.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.16. (a) (1) A licensed child day care center, as defined in Section 1596.76, that is located in a building that was constructed before January 1, 2010, shall have its drinking water tested for lead contamination levels on or after January 1, 2020, but no later than January 1, 2023, and every five years after the date of the initial test. (2) (A) A licensed child day care center subject to paragraph (1) shall collect and submit drinking water samples to a laboratory accredited pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. A laboratory receiving a drinking water sample pursuant to this paragraph shall, in a timely manner, electronically submit its test results to the State Water Resources Control Board using lead data submission methods that are acceptable to the State Water Resources Control Board. If the test results show elevated lead levels, the State Water Resources Control Board shall, in a timely manner, report the results for the affected licensed child day care center to the department. (B) The State Water Resources Control Board shall do both of the following: (i) Notify the department if there is a change to the recommended action level for lead in water. (ii) Post all test results received pursuant to subparagraph (A) on its Internet Web site in a timely manner. The posted test results shall be readily accessible to the public. (3) Upon notification of elevated lead levels, an affected licensed child day care center shall immediately make inoperable and cease using the fountains and faucets where elevated lead levels may exist and shall obtain a potable source of water for children and staff at that location. Any licensed child day care center that fails to take that action is subject to the temporary suspension of their license pursuant to Section 1596.886. (4) A licensed day care center shall notify the parents or legal guardians of children enrolled in the day care center of the requirement to test a facility’s drinking water and of the test results. (b) (1) The department shall, in consultation with the State Water Resources Control Board, adopt regulations for the implementation of the requirements of this section no later than January 1, 2021. The regulations shall include requirements to ensure the collection and submission of valid water samples. (2) In adopting regulations under this section, the department shall include a public stakeholder process. (3) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by this section through all-county letters or similar written instructions until regulations are adopted. (Added by Stats. 2018, Ch. 676, Sec. 4. (AB 2370) Effective January 1, 2019.)
  133. 1597.20.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    This section states legislative findings about the need for more after-school opportunities and staff for day care or after-school programs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.20. The Legislature finds and declares all of the following: (a) There is a critical need to increase opportunities for children to engage in positive activities during after school hours. (b) There is a need for staff with the capacity to make after school programs interesting and relevant for schoolage children. (c) California’s juvenile incarceration rate is twice the national average and has increased 65 percent since 1975. (d) Twice as many California young people were victims of homicide in 1990 than in 1974. (e) Compared to 1960, American children spend an average of 10 to 12 fewer hours per week with their parents. (Added by Stats. 1994, Ch. 848, Sec. 1. Effective January 1, 1995.)
  134. 1597.21.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    This section sets training, education, licensing, and timing rules for schoolage day care centers, site directors, teachers, and the department.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.21. The following requirements shall apply to schoolage day care centers: (a) The State Department of Social Services shall permit the substitution of 20 training hours for each required unit of education. (b) In addition to an administration course consisting of three units or 60 training hours and three units or 60 training hours in early childhood education, child development, or schoolage child courses, the site director may, as an alternative to existing regulations, complete nine core units or 180 training hours from the following: (1) Recreation, which includes, but is not limited to, art, music, and dance. (2) Physical education, which includes, but is not limited to, indoor and outdoor sports activities. (3) Human services and social welfare, which includes, but is not limited to, nursing, psychology, sociology, or home economics. (4) Units earned toward an elementary or middle school teaching credential. (5) Early childhood education, child development, or schoolage child units. A director is required to complete 12 units or 240 training hours prior to employment. The remaining three units must be completed within one year of employment. (c) The State Department of Social Services shall expand the list of college degrees that satisfy current site director educational requirements to include degrees in recreation, physical education, human services, and social welfare, as described in paragraph (3) of subdivision (b), and education, as described in paragraphs (2) and (4) of subdivision (b). (d) As an alternative to satisfying the educational requirements of teachers contained in the regulations, a teacher may substitute 12 units or 240 training hours in any combination of the following: (1) Recreation, which includes, but is not limited to, art, music, and dance. (2) Physical education, which includes, but is not limited to, indoor and outdoor sports activities. (3) Human services and social welfare, which includes, but is not limited to, nursing, psychology, sociology, or home economics. (4) Units earned toward an elementary or middle school teaching credential. (5) Early childhood education, child development, or schoolage child units. A teacher is required to complete six units or 120 training hours prior to employment. (e) The department shall accept the following alternative types of experience for site directors and teachers, if the experience was obtained working directly with children: classroom teaching or teacher assisting experience in elementary or middle school education; paid or volunteer work experience in physical education or recreation programs; college work-study or internship in recreation or youth development; paid or volunteer work experience in human services as described in paragraph (3) of subdivision (b); or paid or volunteer work experience in school guidance or in other counseling programs. (f) In addition to existing approved sources of education, the following are approved sources of education that may be used to satisfy the education required of staff at a schoolage child care center: (1) Vocational school training in recreation, physical education, human services, social welfare, and education as described in subdivisions (b) and (d). (2) Professional training that qualifies as continuing education credits in the child care or elementary education area. (3) Standard training programs that are provided by statewide or nationally recognized or community-based youth service organizations and offered or approved by an accredited educational institution or the Commission on Teacher Credentialing. (g) Upon the receipt of a completed application for a license to operate a schoolage day care program at a functioning schoolsite from an organization that is currently licensed to operate a schoolage day care program at another site, the department shall have 30 days to make a final determination on whether to issue a license to operate the program. A functioning schoolsite shall meet the requirements of paragraphs (1) and (2) of subdivision (a) of Section 1596.806. (h) (1) If the department, for any reason, is unable to comply with subdivision (g), it shall, within 30 days of the receipt of the application described in subdivision (g), grant a provisional license to the applicant to operate for a period not to exceed six months. The provisional license shall be granted provided the department has conducted a site visit and has not found any life safety risks, the criminal records clearances are complete, and the school fire inspection has been verified. The requirement for criminal records clearances may be satisfied by transfer of current criminal records clearances, pursuant to subdivision (g) of Section 1596.871. For purposes of a schoolage day care program operating on a functioning schoolsite, the school fire inspection shall be accepted as sufficient fire clearance. (2) While a provisional license is in effect, the department shall continue its investigation and shall make a final determination on the application prior to the expiration of the provisional license. If the department does not issue a provisional license pursuant to paragraph (1), the department shall follow the procedures for notifying applicants as set forth in subdivision (d) of Section 1596.96. (Added by Stats. 1994, Ch. 848, Sec. 2. Effective January 1, 1995.)
  135. 1597.22.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. )

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    A local jurisdiction may not charge licensing-related fees for a daycare center colocated with multifamily housing, and the center still must follow building, fire, and state licensing laws.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Day Care Centers [1596.90 - 1597.22] ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## ARTICLE 3. Administration [1597.05 - 1597.22] ( Article 3 added by Stats. 1984, Ch. 1615, Sec. 10. ) ## 1597.22. (a) When colocated with multifamily housing, the use of a daycare center shall be considered a residential use of property and a use by right. (b) A local jurisdiction shall not impose a charge, tax, or fee for a business license, equivalent instrument, or permit for the privilege of operating a daycare center that is colocated with multifamily housing. (c) This section does not preclude a local jurisdiction from doing any of the following: (1) Placing restrictions on building heights, setback, or lot dimensions of a daycare center, as long as those restrictions are identical to those applied to multifamily housing colocated with that daycare center. (2) Enacting a local ordinance related to health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance, as applied to a daycare center, are identical to those applied to multifamily housing colocated with the daycare center. (3) Enacting a local ordinance to abate nuisances. However, ordinances or nuisance abatement measures shall not distinguish a daycare center from the multifamily housing colocated with the daycare center. (d) This section shall not relieve a daycare center from complying with all requirements under the California Building Standards Code, the California Fire Code, and other state laws relating to life and fire safety in daycare centers. (e) This section shall not relieve a daycare center from complying with all state licensing laws and requirements. (f) For purposes of this section, the following definitions shall apply: (1) “Daycare center” has the same meaning as “day care center,” as defined in Section 1596.76. (2) “Multifamily housing” means residential housing with five units or more. (3) “Colocated” means operating within, or on the same grounds as, multifamily housing. (4) “Local jurisdiction” means a city, county, or city and county. (5) “Use by right” means that a local government’s review of a daycare center may not require a conditional use permit, planned unit development permit, or any other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (g) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Added by Stats. 2025, Ch. 164, Sec. 1. (AB 752) Effective January 1, 2026.)
  136. 1597.30.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The Legislature states policy findings about family daycare homes, including health and safety, supply shortages, and the need for regulated childcare options.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.30. The Legislature finds and declares all of the following: (a) The Legislature has a responsibility to ensure the health and safety of children in family homes that provide daycare. (b) There is an extreme shortage of regulated family daycare homes in California, and the number has decreased significantly since 2008. (c) There continues to be a growing need for child daycare facilities due to the increased number of working parents. Parents need childcare so they can work and attend school, and so their children can thrive. (d) Many parents prefer childcare located in their neighborhoods in family homes. (e) There should be a variety of childcare settings, including regulated family daycare homes, as suitable choices for parents. (f) The licensing 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 daycare homes, while not placing undue burdens on the providers. (g) The state should maintain an efficient program of regulating family daycare homes that ensures the provision of adequate protection, supervision, and guidance to children in their homes. (h) The state has a responsibility to promote the development and expansion of regulated family daycare homes to care for children in residential settings. (Amended by Stats. 2019, Ch. 244, Sec. 4. (SB 234) Effective January 1, 2020.)
  137. 1597.36.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The department must give providers written documentation about needed repairs, renovations, or additions when the request is made for a loan guarantee application and the work is required for licensing more than six children.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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 10305.5 of the Welfare and Institutions 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. (Amended by Stats. 2021, Ch. 116, Sec. 257. (AB 131) Effective July 23, 2021.)
  138. 1597.40.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Local laws, regulations, and rules may not directly or indirectly prohibit or restrict the use of a facility as a family daycare home.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.40. (a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. (b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home. (Repealed and added by Stats. 2019, Ch. 244, Sec. 6. (SB 234) Effective January 1, 2020.)
  139. 1597.41.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    This section limits property restrictions against family daycare homes, bars landlords or managers from refusing housing because someone is a family daycare provider, and sets notice rules for certain providers in rental property.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.41. (a) Every provision in a written instrument relating to real property that purports to restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family daycare home is void, and every restriction in that written instrument as to the use or occupancy of the property as a family daycare home is void. (b) An attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home is void. A restriction related to the use or occupancy of the property as a family daycare home is void. A property owner or manager shall not refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use to a person because that person is a family daycare provider. (c) Except as provided in subdivision (d), a restriction, whether by way of covenant, contract, condition upon use or occupancy, or by transfer of title to real property, that restricts directly or indirectly limits the acquisition, use, or occupancy of a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use as a family daycare home is void. (d) (1) A prospective family daycare 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 daycare home. (2) A family daycare home provider who has relocated an existing licensed family daycare home program to a rental property on or after January 1, 1997, may provide less than 30 days’ written notice when the department approves the operation of the new location of the family daycare home in less than 30 days, or the home is licensed in less than 30 days, so that service to the children served in the former location not be interrupted. (3) A family daycare 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 law, upon commencement of, or knowledge of, the operation of a family daycare home on an individual’s property, the landlord or property owner may require the family daycare home provider to pay an increased security deposit for operation of the family daycare home. The increase in deposit may be required notwithstanding that a lesser amount is required of tenants who do not operate family daycare homes. The total security deposit charged shall not exceed the maximum allowable under existing law. (5) Section 1596.890 does not apply to this subdivision. (e) During the license application process for a small or large family daycare home, the department shall notify the applicant that the remedies and procedures in Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code relating to fair housing are available to family daycare home providers, family daycare home provider applicants, and individuals who claim that any of the protections provided by this section or Section 1597.40, 1597.42, 1597.43, 1597.45, 1597.455, or 1597.46 have been denied. (f) For the purpose of this section, “restriction” means a restriction imposed orally, in writing, or by conduct and includes prohibition. (g) This section does not alter the existing rights of landlords and tenants with respect to addressing and resolving issues related to noise, lease violations, nuisances, or conflicts between landlords and tenants. (Added by Stats. 2019, Ch. 244, Sec. 7. (SB 234) Effective January 1, 2020.)
  140. 1597.42.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    A home used as a family daycare home in a residentially zoned area is treated as residential use of property and must not fundamentally change that residential character.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.42. The use of a home as a family daycare home, operated under the standards of state law, in a residentially zoned area shall be considered a residential use of property for the purposes of all local ordinances, regulations, and rules, and shall not fundamentally alter the nature of the underlying residential use. (Added by Stats. 2019, Ch. 244, Sec. 8. (SB 234) Effective January 1, 2020.)
  141. 1597.43.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The Legislature states that family day care homes are accessory residential uses, and that the family-day-care expansion in later sections is not meant to change rules for congregate care facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Added by Stats. 1996, Ch. 18, Sec. 3.5. Effective January 1, 1997.)
  142. 1597.44.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    A small family day care home may care for more than six and up to eight children without an additional adult attendant if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 2003, Ch. 744, Sec. 1. Effective January 1, 2004.)
  143. 1597.45.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Family daycare homes are treated as a residential use and a use by right, and local jurisdictions may not charge a business license, fee, or tax just to operate them.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.45. (a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances. (b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. (c) Use of a home as a small or large family daycare 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 or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter. (f) For purposes of this chapter, “small family daycare home or large family daycare home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. (Amended by Stats. 2019, Ch. 244, Sec. 9. (SB 234) Effective January 1, 2020.)
  144. 1597.455.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Small family daycare homes are generally exempt from two articles, but they must have required fire safety equipment. Homes for children must also have one or more carbon monoxide detectors, and the department must account for those detectors during inspections.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.455. (a) A small family daycare 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 of Division 12, except that a small family daycare home shall contain a fire extinguisher and smoke detector device that meet standards established by the State Fire Marshal. (b) A small family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections. (Added by Stats. 2019, Ch. 244, Sec. 10. (SB 234) Effective January 1, 2020.)
  145. 1597.46.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Large family daycare homes must follow fire- and life-safety standards, have carbon monoxide detectors, and local governments cannot enforce inconsistent fire-safety rules except in a limited zoning-based situation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.46. (a) A large family daycare home shall abide by all standards, in addition to the requirements of the State Uniform Building Standards Code, that are specifically designed to promote fire and life safety in large family daycare homes. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in family daycare 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, all of the following: (1) The requirement that a large family daycare home contain a fire extinguisher or smoke detector device, or both, that meets childcare standards established by the State Fire Marshal. (2) Specification as to the number of required exits from the home. (3) Specification as to the floor or floors on which childcare may be provided and the number of required exits on each floor. (b) A large family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections. (c) Enforcement of this section shall be in accordance with Sections 13145 and 13146. A city, county, city and county, or district shall not adopt or enforce a building ordinance or local rule or regulation relating to the subject of fire and life safety in large family daycare homes that 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 all residences with the same zoning designation in which childcare is provided. (Repealed and added by Stats. 2019, Ch. 244, Sec. 12. (SB 234) Effective January 1, 2020.)
  146. 1597.465.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    A large family day care home may care for more than 12 and up to 14 children if the listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 2003, Ch. 744, Sec. 2. Effective January 1, 2004.)
  147. 1597.467.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Licensees in family day care homes must promptly report certain child injuries or violence to the child’s parent or guardian, and must report specified incidents to the department on a short deadline.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Added by Stats. 2001, Ch. 679, Sec. 1. Effective January 1, 2002.)
  148. 1597.52.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Licensing reviews for family day care homes are limited to health and safety issues, and reviews of educational or training program content are not allowed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 1985, Ch. 1064, Sec. 30.)
  149. 1597.53.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Family day care homes for children may not be licensed under Chapter 3 and must be licensed only under this chapter and Chapter 3.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 1984, Ch. 1615, Sec. 14.)
  150. 1597.531.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Family day care homes must keep liability insurance or a bond, or use parent affidavits instead, and may have to add the property owner or homeowners’ association as an additional insured in some cases.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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 Sections 4080 and 4100 of the Civil Code. (Amended by Stats. 2012, Ch. 181, Sec. 62. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  151. 1597.54.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Family day care homes for children must apply for a license, and applicants must file a department application with required supporting information.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.54. (a) All family daycare homes for children, shall apply for a license under this chapter, except that any home that, on June 28, 1981, had a valid and unexpired license to operate as a family daycare 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. (b) An applicant for licensure as a family daycare 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: (1) A brief statement confirming that the applicant is financially secure to operate a family daycare home for children. The department shall not require any other specific or detailed financial disclosure. (2) (A) Evidence that the small family daycare home contains a fire extinguisher or smoke detector device, or both, that meets standards established by the State Fire Marshal under Section 1597.455, or evidence that the large family daycare home meets the standards established by the State Fire Marshal under subdivision (a) of Section 1597.46. (B) Evidence satisfactory to the department that there is a fire escape and emergency and disaster plan for the facility. (3) The fingerprints of any applicant of a family daycare home license, and any other adult, as required under subdivision (b) of Section 1596.871. (4) 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. This requirement may be satisfied by a current certificate, as defined in subdivision (f) of Section 121525, that indicates freedom from infectious tuberculosis as set forth in Section 121525. (5) Commencing September 1, 2016, evidence of current immunity or exemption from immunity, as described in Section 1597.622, for the applicant and any other person who provides care and supervision to the children. (6) 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. (7) 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. (8) Other information as required by the department for the proper administration and enforcement of the act. (c) 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. (Amended by Stats. 2026, Ch. 25, Sec. 25. (AB 150) Effective June 29, 2026.)
  152. 1597.541.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The department must adopt regulations on age-appropriate immunization requirements for enrolled children in family day care homes, and those homes must keep evidence that the children meet those requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Added by Stats. 1992, Ch. 1316, Sec. 9. Effective January 1, 1993.)
  153. 1597.542.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The department must differentiate violation levels for this chapter based on their impact on children in care, and it may do so only to the extent funds are available.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 1993, Ch. 726, Sec. 9. Effective October 4, 1993.)
  154. 1597.543.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The State Fire Marshal must update fire and building standards and publish them in the CCR; the Marshal must also issue guidance by the stated deadline and may issue annual guidance in years when the regulations are not updated.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.543. (a) The State Fire Marshal shall update the building and fire standards necessary to implement the sections of this chapter relating to life and fire safety, including, but not limited to, Sections 1597.455 and 1597.46, and shall publish the updates in the California Code of Regulations (CCR) in the next Title 19 and Title 24 CCR adoption cycle. (b) Prior to the publication of the updates required by subdivision (a), but not later than January 1, 2021, the State Fire Marshal shall issue guidance on implementing the sections listed in subdivision (a). (c) The State Fire Marshal shall update the regulations at least every three years to conform to changes in this chapter. The State Fire Marshal may issue guidance on implementing this chapter annually in the years in which the regulations are not updated in Title 19 and Title 24 of the CCR. (Repealed and added by Stats. 2019, Ch. 244, Sec. 16. (SB 234) Effective January 1, 2020.)
  155. 1597.55a

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Family day care homes are subject to department inspections, including unannounced inspections in several situations and at least one inspection every three years.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.55a. (a) Every family day care home shall be subject to unannounced inspections by the department, as provided in this section. The department shall inspect these facilities as often as necessary to ensure the quality of care provided. (b) The department shall conduct an announced site inspection prior to the initial licensing of the applicant. (c) The department shall conduct an annual unannounced inspection of 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 inspection. (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. (d) (1) The department shall conduct annual unannounced inspections of no less than 30 percent of facilities not subject to an inspection under subdivision (c). (2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department. (e) The department shall inspect a licensed family day care home at least once every three years. (f) 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. (g) The department or licensing agency shall make an unannounced site inspection on the basis of a complaint and a followup inspection, as provided in Section 1596.853. (h) An unannounced site inspection shall adhere to both of the following conditions: (1) The inspection 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. (i) 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. (j) It is the intent of the Legislature to achieve annual inspections for licensed family day care homes and facilities governed by this section on or before July 1, 2021. (Amended by Stats. 2019, Ch. 27, Sec. 14. (SB 80) Effective June 27, 2019.)
  156. 1597.55b

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    This section limits site visits, unannounced visits, and spot checks for family day care homes, and sets when the department or related agencies may or must conduct them.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 2003, Ch. 225, Sec. 18. Effective August 11, 2003.)
  157. 1597.56.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The department must notify family day care homes of compliance deficiencies, give a reasonable time to fix them, and may impose daily civil penalties if a correction plan is not complied with.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 2008, Ch. 291, Sec. 24. Effective September 25, 2008.)
  158. 1597.57.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The department must create one application form, run an annual parent consumer education program, and provide an orientation program for new family day care home operators.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 1992, Ch. 1315, Sec. 34. Effective January 1, 1993.)
  159. 1597.58.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    This section requires the department to impose civil penalties on licensed family day care homes for certain violations, with higher penalties for repeat and serious violations, and gives licensees review and appeal rights.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.58. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall levy a civil penalty. (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if a facility fails to correct a deficiency after being provided a specified length of time to correct that deficiency. (A) If a licensee or a licensee’s representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence. (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected. (C) If the department determines that the deficiency has not been corrected, the civil penalty shall continue to accrue from the date of the original citation. (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date. (2) (A) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in paragraph (1), the department shall assess an immediate civil penalty of two hundred fifty dollars ($250) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval. (B) For purposes of this section, “repeat violation” means a violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals. (C) Notwithstanding subparagraphs (A) and (B), the department, in its sole discretion, may reduce the civil penalty for the cited repeat violation to the level of the underlying violation, as applicable, if it determines that the cited repeat violation is not substantially similar to the original violation. (3) If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty. (c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation, for any of the following serious violations: (1) Any violation that the department determines resulted in the injury or illness of a child. (2) Absence of supervision, including, but not limited to, a child left unattended and a child left alone with a person under 18 years of age. (3) Accessible bodies of water, when prohibited by this chapter or regulations adopted pursuant to this chapter. (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 a person subject to a department Order of Exclusion on the premises. (d) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in subdivision (c), the department shall assess an immediate civil penalty of one thousand dollars ($1,000) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval. (e) For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows: (1) Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44. (2) Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465. (f) (1) For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows: (A) One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44. (B) Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465. (2) For purposes of this subdivision, “physical abuse” includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2) (A) The department shall reduce the amount of a civil penalty due pursuant to subdivision (e) or (f) by the amount of the civil penalty already assessed for the underlying violation. (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department. (h) Notwithstanding any other 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. (i) (1) A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area in which the deficiency occurred. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth appeal procedures for deficiencies. (j) (1) A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy director’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence. (3) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process. (4) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation. (k) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional manager’s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator’s decision is considered final and concludes the licensee’s administrative appeal rights regarding the appeal conducted pursuant to this paragraph. (3) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation. (l) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act. (m) This section shall become operative on July 1, 2017. (Repealed (in Sec. 15) and added by Stats. 2016, Ch. 823, Sec. 16. (AB 2231) Effective January 1, 2017. Section operative July 1, 2017, by its own provisions.)
  160. 1597.59.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The department and its contracting local agencies must grant or deny a family day care home license within 30 days after receiving complete application materials, if the site visit and criminal record clearance/exemption conditions are met. The department must also conduct an initial site visit within 30 days after receiving the application materials.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 1997, Ch. 606, Sec. 11. Effective October 3, 1997.)
  161. 1597.61.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    This section lets the licensing agency act against unlicensed family day care homes, including cease and desist orders and court actions, and requires the county district attorney to prosecute certain agency actions on the department’s application.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 1988, Ch. 1098, Sec. 4.)
  162. 1597.62.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    The department may impose civil penalties of $25 to $50 per day per violation for uncorrected violations that pose an immediate or potential risk to children in care, and it may do so only when funds are available.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 2008, Ch. 291, Sec. 25.2. Effective September 25, 2008.)
  163. 1597.621.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Certain family day care homes were treated as having been issued a family day care license starting January 1, 1984, if they had a valid unexpired registration on December 31, 1983 in a pilot county.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 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. (Amended by Stats. 1992, Ch. 1315, Sec. 37. Effective January 1, 1993.)
  164. 1597.622.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    People employed or volunteering at a family day care home must be immunized against influenza, pertussis, and measles, with an annual influenza vaccination requirement; limited exemptions and a short conditional employment period apply.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.622. (a) (1) Commencing September 1, 2016, a person shall not be employed or volunteer at a family day care home if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year. (2) If a person meets all other requirements for employment or volunteering, as applicable, but needs additional time to obtain and provide his or her immunization records, the person may be employed or volunteer conditionally for a maximum of 30 days upon signing and submitting a written statement attesting that he or she has been immunized as required. (b) A person is exempt from the requirements of this section only under any of the following circumstances: (1) The person submits a written statement from a licensed physician declaring that because of the person’s physical condition or medical circumstances, immunization is not safe. (2) The person submits a written statement by a licensed physician providing that the person has evidence of current immunity to the diseases described in subdivision (a). (3) The person submits a written declaration that he or she has declined the influenza vaccination. This exemption applies only to the influenza vaccine. (4) The person was hired after December 1 of the previous year and before August 1 of the current year. This exemption applies only to the influenza vaccine during the first year of employment or volunteering. (c) The family day care home shall maintain documentation of the required immunizations or exemptions from immunization, as set forth in this section, in the person’s personnel record that is maintained by the family day care home. (d) For purposes of this section, “volunteer” means any nonemployee who provides care and supervision to children in care. (Added by Stats. 2015, Ch. 807, Sec. 4. (SB 792) Effective January 1, 2016.)
  165. 1597.63.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )

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    Family daycare home licensees must be present and ensure child supervision, with limited temporary absences allowed only if a substitute adult covers care and the notice/reporting rules are followed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.63] ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. ) ## 1597.63. (a) A family daycare home licensee shall be present in the home and shall ensure that children in care are provided care and supervision during all hours of operation. (b) (1) Notwithstanding subdivision (a), when circumstances require a licensee to occasionally be temporarily absent from a family daycare home during its hours of operation, the licensee shall arrange for a substitute adult to provide care and supervision of the children in care if the family daycare home operates during the temporary absence. (2) A temporary absence of the licensee shall not exceed 20 percent of the hours that the family daycare home is providing care in any given calendar month. (3) The department may waive the requirements of this subdivision on an individual basis if the waiver is reasonable and necessary to carry out this act and not detrimental to the health and safety of any child in care. (c) Prior to a substitute adult’s initial presence in a family daycare home, a licensee shall ensure the substitute adult does all of the following, and complies with any additional requirements established by the department: (1) Obtains a criminal record clearance or exemption pursuant to Section 1596.871. (2) Completes the health and safety training described in Section 1596.866, as demonstrated by a current course completion card in pediatric first aid, pediatric cardiopulmonary resuscitation (CPR), and preventive health practices. (3) Is immunized against influenza, pertussis, and measles pursuant to Section 1597.622. (d) A family daycare home shall provide prior written notice to the parent or legal guardian of each child in care regarding any temporary absence of the licensee. If prior notice is impractical based on emergency circumstances, then written notice shall be provided no later than the next business day following the temporary absence. (e) A family daycare home shall report a temporary absence of the licensee to the department no later than the next business day following the temporary absence. In addition, a written report shall be submitted to the department within seven calendar days of any temporary absence of the licensee. The written report shall include, a minimum, all of the following: (1) The name of the substitute adult. (2) The date and time of the temporary absence. (3) An attestation signed by the licensee indicating whether the requirements of subdivisions (c) and (d) were met. (f) A family daycare home shall maintain documentation of compliance with this section and with Sections 1596.866, 1596.871, and 1597.622 regarding a substitute adult. (g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted. (Added by Stats. 2026, Ch. 25, Sec. 26. (AB 150) Effective June 29, 2026.)
  166. 1597.640.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.62. Family Preparedness in Licensed Child Daycare Facilities [1597.640- 1597.640.] ( Chapter 3.62 added by Stats. 2025, Ch. 664, Sec. 6. )

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    This section restricts child daycare and state preschool facilities from collecting immigration-status information, requires certain reporting and privacy steps, and directs the Attorney General to publish model policies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.62. Family Preparedness in Licensed Child Daycare Facilities [1597.640- 1597.640.] ( Chapter 3.62 added by Stats. 2025, Ch. 664, Sec. 6. ) ## 1597.640. (a) Except as required by state or federal or as required to administer a state or federally supported educational program, licensed child daycare facilities, employees of licensed child daycare facilities, and license-exempt California state preschool program facilities shall not collect information or documents regarding citizenship or immigration status of children or their family members. (b) (1) (A) The licensee or administrator of a licensed child daycare facility, as applicable, shall report to the State Department of Social Services and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency, for the purpose of immigration enforcement. The licensee or administrator shall not provide the personal information, as defined in Section 1798.3 of the Civil Code, of staff, children in care, or their relatives and family members, except that a licensee or administrator of a licensed child daycare facility may provide to the State Department of Social Services and Attorney General documentation that the licensee or administrator has received from an officer or employee of a law enforcement agency that includes that personal information. (B) A license-exempt California state preschool program facility may submit the report described in subparagraph (A) to the State Department of Education and Attorney General. If the report is submitted, the facility shall ensure the confidentiality and privacy of any information in accordance with the right to privacy contained in Section 1 of Article I of the California Constitution. An individual making a report pursuant to this paragraph shall not be required to offer or submit any personally identifying information, including, but not limited to, their name, phone number, or address. (2) The State Department of Social Services and the State Department of Education is not responsible for confirming whether a report was made to the Attorney General, as described in paragraph (1), and failing to make that report to the Attorney General is not a violation of this section. (3) The State Department of Social Services shall provide any information on licensed California state preschool program facilities collected pursuant to this subdivision to the Superintendent of Public Instruction for legislative reporting purposes. (c) A licensee or administrator of a licensed child daycare facility or a license-exempt California state preschool program facility shall request parents or authorized representatives to review and update their emergency contact information, as needed. (d) If a licensee, administrator, or worker, or any other representative, of a licensed child daycare facility or a license-exempt California state preschool program facility is aware that a child’s parent or authorized representative is not available to care for the child, the facility shall first exhaust any parental instruction relating to the child’s care found in the child’s emergency contact information. (e) Nothing in this section prohibits a licensed child daycare facility or a license-exempt California state preschool program facility from establishing stronger standards and protections, in accordance with applicable laws. (f) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, including, but not limited to, child daycare licensees, the State Department of Social Services, the State Department of Education, and the Early Childhood Policy Council established pursuant to Section 10320 of the Welfare and Institutions Code, shall publish model policies limiting assistance with immigration enforcement at licensed child daycare facilities and license-exempt California state preschool program facilities to the fullest extent possible consistent with federal and state law, and ensuring that those facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies: (A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement. (B) Procedures for facility employees to notify the licensee or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement. (C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement. (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action. (g) (1) The State Department of Social Services shall inform licensed child daycare facilities, and the State Department of Education shall inform license-exempt California state preschool program facilities, of the model policies published by the Attorney General pursuant to subdivision (f). (2) All California state preschool programs, including both those that are licensed and those that are license-exempt, shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Those California state preschool programs shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. (3) A licensed child daycare facility and license-exempt California state preschool program facilities shall ensure parents or authorized representatives of children in care are aware of the model policies published by the Attorney General pursuant to subdivision (f), including, but not limited to, how to obtain a copy of the model policies. (h) (1) A licensed child daycare facility and a license-exempt California state preschool program facility shall provide a child’s parent or authorized representative with information about how to access the model policies described in paragraph (1) of subdivision (f) as best practices guidance. (2) The State Department of Social Services shall inform licensed child day care facilities, and the State Department of Education shall inform license-exempt California state preschool program facilities, of any revisions or updates to the model policies described in paragraph (1) of subdivision (f) when the applicable department is notified by the Attorney General of updates to the model policies. (3) Any information, policies, or guidance provided by facilities to parents or authorized representatives shall be revised as necessary to be consistent with any revisions or updates to the model policies issued by the Attorney General. (i) For purposes of this section, the following terms have the following meanings: (1) “California state preschool program” means any classroom that is funded, in whole or in part, by funds received pursuant to Section 8207 of the Education Code. (2) “License-exempt California state preschool program facility” means a California state preschool program that is exempt from licensure under the California Child Day Care Act pursuant to subdivision (o) of Section 1596.792. (3) “Licensed child daycare facility” means a child daycare facility, as defined in Section 1596.750, that is licensed pursuant to the California Child Day Care Act. (j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, make specific, and administer this section by means of interim licensing standards that shall have the same force and effect as regulations, until regulations are adopted. (Added by Stats. 2025, Ch. 664, Sec. 6. (AB 495) Effective January 1, 2026.)
  167. 1597.70.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.65. Employer-Sponsored Child Care Centers [1597.70 - 1597.71] ( Chapter 3.65 added by Stats. 1994, Ch. 690, Sec. 4. ) ## ARTICLE 1. General Provisions [1597.70- 1597.70.] ( Article 1 added by Stats. 1994, Ch. 690, Sec. 4. )

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    This section states legislative findings about the importance of employer-sponsored child care centers and their benefits for workers, families, and the environment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.65. Employer-Sponsored Child Care Centers [1597.70 - 1597.71] ( Chapter 3.65 added by Stats. 1994, Ch. 690, Sec. 4. ) ## ARTICLE 1. General Provisions [1597.70- 1597.70.] ( Article 1 added by Stats. 1994, Ch. 690, Sec. 4. ) ## 1597.70. The Legislature finds and declares the following: (a) It is significant that the Santa Clara County Intergovernmental Council has found that due to changes in the labor force and an increase in the child population, 25 percent of the nation’s workers must make child care arrangements. (b) Californians will benefit from investment in child care. According to the House Select Committee on Children, Youth, and Families, one dollar invested in preschool education results in a savings of four dollars and seventy-five cents ($4.75) in social costs. (c) Allowing and encouraging businesses to open onsite or nearsite employer-sponsored child care centers has had a number of positive effects for Californians, including reduced job absenteeism, closer parent-child relationships, and increased worker productivity. (d) In a 1990 study, the Department of General Services found that working parents add five to six miles to their daily commute for transporting their children to child care and school, and that the effect of this commute is 1,352 extra miles driven each year and an additional 56 pounds of auto emissions per person per year. (Added by Stats. 1994, Ch. 690, Sec. 4. Effective January 1, 1995.)
  168. 1597.71.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.65. Employer-Sponsored Child Care Centers [1597.70 - 1597.71] ( Chapter 3.65 added by Stats. 1994, Ch. 690, Sec. 4. ) ## ARTICLE 2. Licensing Waivers for Small Businesses [1597.71- 1597.71.] ( Article 2 added by Stats. 1994, Ch. 690, Sec. 4. )

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    The department must allow reasonable licensing waivers for small businesses if child health and safety is maintained and the applicant agrees to alternative methods.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.65. Employer-Sponsored Child Care Centers [1597.70 - 1597.71] ( Chapter 3.65 added by Stats. 1994, Ch. 690, Sec. 4. ) ## ARTICLE 2. Licensing Waivers for Small Businesses [1597.71- 1597.71.] ( Article 2 added by Stats. 1994, Ch. 690, Sec. 4. ) ## 1597.71. To encourage and facilitate the establishment of employer-sponsored child day care centers, the department shall allow for reasonable waivers of those regulations presenting difficulties to small businesses for licensure, provided that the health and safety of all children is maintained and that the applicant has agreed to alternative methods of meeting the purpose and intent of any regulation waived. (Added by renumbering Section 1571.71 by Stats. 2009, Ch. 140, Sec. 104. (AB 1164) Effective January 1, 2010.)
  169. 1597.80.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.66. Information Technology Systems and Services Modernization [1597.80 - 1597.83] ( Chapter 3.66 added by Stats. 2026, Ch. 26, Sec. 3. )

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    This section makes the chapter apply to certain information technology systems and services under the State Department of Social Services’ jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.66. Information Technology Systems and Services Modernization [1597.80 - 1597.83] ( Chapter 3.66 added by Stats. 2026, Ch. 26, Sec. 3. ) ## 1597.80. This chapter shall apply to information technology systems and services under the jurisdiction of the State Department of Social Services used to carry out the purposes and intent of any of the following: (a) Chapter 3 (commencing with Section 1500). (b) Chapter 3.01 (commencing with Section 1568.01). (c) Chapter 3.15 (commencing with Section 1568.21). (d) Chapter 3.2 (commencing with Section 1569). (e) Chapter 3.35 (commencing with Section 1596.60). (f) Chapter 3.4 (commencing with Section 1596.70). (g) Chapter 3.5 (commencing with Section 1596.90). (h) Chapter 3.6 (commencing with Section 1597.30). (i) Chapter 3.62 (commencing with Section 1597.640). (j) Chapter 3.65 (commencing with Section 1597.70). (k) Chapter 10 (commencing with Section 1770). (l) Chapter 13 (commencing with Section 1796.10). (m) Chapter 15 (commencing with Section 1796.80). (Added by Stats. 2026, Ch. 26, Sec. 3. (AB 152) Effective June 29, 2026.)
  170. 1597.81.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.66. Information Technology Systems and Services Modernization [1597.80 - 1597.83] ( Chapter 3.66 added by Stats. 2026, Ch. 26, Sec. 3. )

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    Users covered by Section 1597.80 may use an electronic signature if it meets the applicable state and federal standards determined by the State Department of Social Services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.66. Information Technology Systems and Services Modernization [1597.80 - 1597.83] ( Chapter 3.66 added by Stats. 2026, Ch. 26, Sec. 3. ) ## 1597.81. A user of the information technology systems and services described in Section 1597.80 may use an electronic signature, as defined in Section 1633 of the Civil Code, that complies with state and federal standards, as determined by the State Department of Social Services. The use of an electronic signature shall have the same force and effect as the use of a manual signature. (Added by Stats. 2026, Ch. 26, Sec. 3. (AB 152) Effective June 29, 2026.)
  171. 1597.82.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.66. Information Technology Systems and Services Modernization [1597.80 - 1597.83] ( Chapter 3.66 added by Stats. 2026, Ch. 26, Sec. 3. )

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    A covered user may pay assessed fees or civil penalties electronically, but if the user chooses that option, the user must pay the related payment processing costs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.66. Information Technology Systems and Services Modernization [1597.80 - 1597.83] ( Chapter 3.66 added by Stats. 2026, Ch. 26, Sec. 3. ) ## 1597.82. A user of the information technology systems and services described in Section 1597.80 may electronically pay any fee or civil penalty assessed by the State Department of Social Services. A user who elects to make an electronic payment pursuant to this section shall be responsible for any associated payment processing costs, including, but not limited to, service fees, processing fees, transaction fees, convenience fees, and credit card surcharge fees. (Added by Stats. 2026, Ch. 26, Sec. 3. (AB 152) Effective June 29, 2026.)
  172. 1597.83.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.66. Information Technology Systems and Services Modernization [1597.80 - 1597.83] ( Chapter 3.66 added by Stats. 2026, Ch. 26, Sec. 3. )

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    The State Department of Social Services may adopt, amend, or repeal rules and regulations needed to carry out this chapter’s purposes and intent, following the specified Government Code procedure.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.66. Information Technology Systems and Services Modernization [1597.80 - 1597.83] ( Chapter 3.66 added by Stats. 2026, Ch. 26, Sec. 3. ) ## 1597.83. The State Department of Social Services may adopt, amend, or repeal any rules and regulations that may be necessary or proper to carry out the purposes and intent of this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2026, Ch. 26, Sec. 3. (AB 152) Effective June 29, 2026.)
  173. 1598.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Local Rape Victim Counseling Centers [1598 - 1598.5] ( Chapter 3.7 added by Stats. 1978, Ch. 1312. )

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    The Legislature states that this chapter creates a grant program administered by the State Department of Social Services to support existing local rape victim counseling centers and encourage new ones.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Local Rape Victim Counseling Centers [1598 - 1598.5] ( Chapter 3.7 added by Stats. 1978, Ch. 1312. ) ## 1598. It is the intent of the Legislature in the enactment of this chapter to establish a grant program administered by the State Department of Social Services to provide support to existing local rape victim counseling centers and to encourage the establishment of such local centers. (Added by Stats. 1978, Ch. 1312.)
  174. 1598.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Local Rape Victim Counseling Centers [1598 - 1598.5] ( Chapter 3.7 added by Stats. 1978, Ch. 1312. )

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    The state social services department must fund local rape victim counseling centers, and funded centers must provide specified counseling services and reports.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Local Rape Victim Counseling Centers [1598 - 1598.5] ( Chapter 3.7 added by Stats. 1978, Ch. 1312. ) ## 1598.1. The State Department of Social Services shall provide grants to proposed and existing local rape victim counseling centers. Such centers shall maintain a 24-hour telephone counseling service for rape victims, appropriate in-person counseling and referred service during normal business hours, and maintain other standards or services which shall be determined to be appropriate by the advisory committee established pursuant to Section 13836 of the Penal Code as grant conditions. The advisory committee shall identify the criteria to be utilized in awarding the grants provided by this chapter before any funds are allocated. In order to be eligible for funding pursuant to this chapter, the centers shall demonstrate an ability to receive and make use of any funds available from governmental, voluntary, philanthropic, or other sources which may be used to augment any state funds appropriated for purposes of this chapter. Each center receiving funds pursuant to this chapter shall make every attempt to qualify for any available federal funding. State funds provided to establish centers shall be utilized when possible, as determined by the advisory committee, to expand the program and shall not be expended to reduce fiscal support from other public or private sources. The centers shall maintain quarterly and final fiscal reports in a form to be prescribed by the advisory committee. In granting funds, the advisory committee shall give priority to centers which are operated in close proximity to medical treatment facilities. (Amended by Stats. 1980, Ch. 917.)
  175. 1598.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Local Rape Victim Counseling Centers [1598 - 1598.5] ( Chapter 3.7 added by Stats. 1978, Ch. 1312. )

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    $100,000 is appropriated to the State Department of Social Services for the 1978–79 fiscal year, with only 5% allowed for state administration of the grant program.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Local Rape Victim Counseling Centers [1598 - 1598.5] ( Chapter 3.7 added by Stats. 1978, Ch. 1312. ) ## 1598.5. The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the State Department of Social Services for expenditure during the 1978–79 fiscal year. Only 5 percent of such funds shall be used for the state administration of the grant program. After the 1978–79 fiscal year, the grant program provided pursuant to Section 1598.1 shall be funded through the regular budgetary process. The funds shall be administered through the Violent Crime Victim Assistance Commission, if created. (Added by Stats. 1978, Ch. 1312.)
  176. 1599.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. )

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    The Legislature states that patients in certain care facilities are entitled to fundamental human rights, and the facility must inform them of those rights and the facility’s obligations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. ) ## 1599. It is the intent of the Legislature in enacting this chapter to expressly set forth fundamental human rights which all patients shall be entitled to in a skilled nursing, intermediate care facility, or hospice facility, as defined in Section 1250, and to ensure that patients in such facilities are advised of their fundamental rights and the obligations of the facility. (Amended by Stats. 2012, Ch. 673, Sec. 6. (SB 135) Effective January 1, 2013.)
  177. 1599.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. )

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    Facilities must establish and share resident-rights policies, provide specified care and services, and residents get listed rights including notice, appeal, and limits on psychotherapeutic drugs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. ) ## 1599.1. Written policies regarding the rights of residents shall be established and shall be made available to the resident, to any guardian, next of kin, sponsoring agency or representative payee, and to the public. Those policies and procedures shall ensure that each resident admitted to the facility has the following rights and is notified of the following facility obligations, in addition to those specified by regulation: (a) The facility shall employ an adequate number of qualified personnel to carry out all of the functions of the facility. (b) Each resident shall show evidence of good personal hygiene and be given care to prevent bedsores, and measures shall be used to prevent and reduce incontinence for each resident. (c) The facility shall provide food of the quality and quantity to meet the residents’ needs in accordance with physicians’ orders. (d) The facility shall provide an activity program staffed and equipped to meet the needs and interests of each resident and to encourage self-care and resumption of normal activities. Residents shall be encouraged to participate in activities suited to their individual needs. (e) The facility shall be clean, sanitary, and in good repair at all times. (f) A nurses’ call system shall be maintained in operating order in all nursing units and provide visible and audible signal communication between nursing personnel and residents. Extension cords to each resident’s bed shall be readily accessible to residents at all times. (g) (1) If a facility has a significant beneficial interest in an ancillary health service provider or if a facility knows that an ancillary health service provider has a significant beneficial interest in the facility, as provided by subdivision (a) of Section 1323, or if the facility has a significant beneficial interest in another facility, as provided by subdivision (c) of Section 1323, the facility shall disclose that interest in writing to the resident, or the resident’s representative, and advise the resident, or the resident’s representative, that the resident may choose to have another ancillary health service provider, or facility, as the case may be, provide any supplies or services ordered by a member of the medical staff of the facility. (2) A facility is not required to make any disclosures required by this subdivision to a resident, or the resident’s representative, if the resident is enrolled in an organization or entity that provides or arranges for the provision of health care services in exchange for a prepaid capitation payment or premium. (h) (1) If a resident of a long-term health care facility has been hospitalized in an acute care hospital and asserts their rights to readmission pursuant to bed hold provisions, or readmission rights of either state or federal law, and the facility refuses to readmit them, the resident may appeal the facility’s refusal. (2) The refusal of the facility, as described in this subdivision, shall be treated as if it were an involuntary transfer under federal law, and the rights and procedures that apply to appeals of transfers and discharges of nursing facility residents shall apply to the resident’s appeal under this subdivision. (3) If the resident appeals pursuant to this subdivision, and the resident is eligible under the Medi-Cal program, the resident shall remain in the hospital and the hospital may be reimbursed at the administrative day rate, pending the final determination of the hearing officer, unless the resident agrees to placement in another facility. (4) If the resident appeals pursuant to this subdivision, and the resident is not eligible under the Medi-Cal program, the resident shall remain in the hospital if other payment is available, pending the final determination of the hearing officer, unless the resident agrees to placement in another facility. (5) If the resident is not eligible for participation in the Medi-Cal program and has no other source of payment, the hearing and final determination shall be made within 48 hours. (i) (1) Sections 483.10, 483.12, 483.15, and 483.24 of Title 42 of the Code of Federal Regulations in effect on July 13, 2017, shall apply to each skilled nursing facility and intermediate care facility, regardless of a resident’s payment source or the Medi-Cal or Medicare certification status of the skilled nursing facility or intermediate care facility in which the resident resides, except that a noncertified facility is not obligated to provide notice of Medicaid or Medicare benefits, covered services, or eligibility procedures. (2) Sections 483.10, 483.12, 483.15, and 483.24 of Title 42 of the Code of Federal Regulations in effect on July 13, 2017, shall apply to each hospice facility, regardless of a resident’s payment source or the Medi-Cal or Medicare certification status of the hospice facility in which the resident resides, except that a noncertified facility is not obligated to provide notice of Medicaid or Medicare benefits, covered services, or eligibility procedures and a hospice facility is not obligated to comply with the provisions of subdivision (f) of Section 483.15 of Title 42 of the Code of Federal Regulations. (3) All residents of skilled nursing facilities, intermediate care facilities, and hospice facilities have the right to appeal an involuntary transfer or discharge through the appeal process provided under Section 483.204 of Title 42 of the Code of Federal Regulations, regardless of a resident’s payment source or the Medi-Cal or Medicare certification status of the skilled nursing facility, intermediate care facility, or hospice facility in which the resident resides. (j) In addition to other rights to provide or withhold informed consent to a proposed treatment or procedure, a resident shall have the right to receive the information that is material to an individual’s informed consent decision concerning whether to accept or refuse the administration of psychotherapeutic drugs pursuant to Sections 72528 and 73524 of Title 22 of the California Code of Regulations. The disclosure of material information for administration of psychotherapeutic drugs shall also include the disclosures required by Section 1599.15. (k) A resident shall have the right to be free from psychotherapeutic drugs used for the purpose of resident discipline or convenience. The resident shall have the right to be free from psychotherapeutic drugs used as a chemical restraint, except in an emergency as described in subdivision (e) of Section 72528 of, or subdivision (e) of Section 73524 of, Title 22 of the California Code of Regulations. If a chemical restraint is administered during that emergency, that drug shall be only a drug that is required to treat the unanticipated condition, after being deemed the least intrusive treatment alternative for the resident, and used only for a specified and limited period of time. As used in this section, “chemical restraint” means a drug used to control behavior and used in a manner not required to treat the resident’s medical symptoms. (l) “Resident” shall have the same meaning as provided in Section 1599.15. (Amended by Stats. 2023, Ch. 794, Sec. 3. (AB 48) Effective January 1, 2024.)
  178. 1599.15.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. )

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    Before a prescriber gives a resident a psychotherapeutic drug, the prescriber must personally examine the resident and obtain informed written consent, and the facility must keep and share required consent records and notices.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. ) ## 1599.15. (a) As used in this section, the following definitions shall apply: (1) “Informed consent” means the voluntary agreement of a resident or a resident’s representative to accept a treatment or procedure after receiving information in accordance with subdivisions (b) to (e), inclusive, of this section, subdivision (j) of Section 1599.1, and in accordance with Section 1418.8, if applicable. (2) “Psychotherapeutic drug” means a drug to control behavior or to treat thought disorder processes, excluding antidepressants. (3) “Representative” means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the resident’s valid advance health care directive, the resident’s spouse, registered domestic partner, or family member, a person designated by the resident, or other legally designated individual. (4) “Resident” means a person who is receiving care at a skilled nursing facility or an intermediate care facility, as those facilities are defined in Section 1250. (b) (1) Prior to prescribing a psychotherapeutic drug for a resident, the prescriber shall personally examine and obtain the informed written consent of the resident or the resident’s representative. (2) The prescriber shall communicate, and the written consent form shall contain, in a language the resident understands, the information a reasonable person in the resident’s condition and circumstances would consider material to a decision to accept or refuse the drug. However, if written translation services are not timely available, the written consent form may be provided in English with oral interpretation in a language that the resident understands. If the resident is hearing impaired or vision impaired, the material information and written consent form shall be provided in an accessible format. (3) The form shall be signed by the resident or the resident’s representative. The form shall also be signed by a health care professional who declares the resident or resident representative has been provided the material information. If the signature of the resident or resident’s representative cannot be obtained, a licensed nurse shall sign the form and verify that they confirmed informed consent with the resident or resident’s representative and state the name of the person with whom they verified informed consent and the date. Copies of the signed consent form shall be given to the resident and their representative. (4) Within six months after the consent form is signed, and every six months thereafter during which the resident receives a psychotherapeutic drug, the facility shall provide a written notice to the resident and, if applicable, the resident’s representative, of any recommended dosage adjustments and the resident’s right to revoke consent and to receive gradual dose reductions and behavioral interventions in an effort to discontinue the psychotherapeutic drug. (5) For purposes of obtaining informed written consent pursuant to this subdivision, the use of remote technology, including, but not limited to, telehealth, to allow a prescriber to examine and obtain informed written consent, and for the prescriber, the resident or the resident’s representative to use electronic signatures, shall be permitted. (c) In addition to the information required by subdivision (j) of Section 1599.1, the prescriber shall provide the following information material to an informed consent decision concerning the administration of a psychotherapeutic drug: (1) Possible nonpharmacologic approaches that could address the resident’s needs. (2) Whether the drug has a current boxed warning label along with a summary of, and information about how to find, the contraindications, warnings, and precautions required by the United States Food and Drug Administration. (3) Whether a proposed drug is being prescribed for a purpose that has or has not been approved by the United States Food and Drug Administration. (4) Possible interactions with other drugs the resident is receiving. (5) How the facility and prescriber will monitor and respond to any adverse side effects and inform the resident of side effects. (d) Before initiating treatment with psychotherapeutic drugs, facility staff shall verify that the resident’s health record contains a written consent form with the signatures required under subdivision (b), except as specified in subdivision (j). For a prescription written prior to the admission and encompassing the admission of the resident, the facility staff shall verify that the resident or the resident’s representative gave informed consent and make a notation in the resident’s records. (e) Residents’ rights policies and procedures established pursuant to this section and Section 1599.1 concerning informed consent shall specify how the facility will verify that the resident provided informed consent or refused treatment or a procedure pertaining to the administration of psychotherapeutic drugs. (f) This section shall not be construed to require a facility to obtain informed consent each time a drug is administered unless material circumstances or risks change. (g) A violation of subdivision (c) shall be presumed to have caused the affected residents harm, which may be rebutted, and shall be classified as a class “B,” “A,” or “AA” violation, according to the nature of the violation pursuant to the standards established in Section 1424, and cited accordingly by the State Department of Public Health. (h) In addition to any other penalties set forth in this section, the willful or repeated violation of this section is punishable as a misdemeanor unless there is an emergency as described in subdivision (e) of Section 72528 of, or subdivision (e) of Section 73524 of, Title 22 of the California Code of Regulations. (i) The State Department of Public Health shall, in consultation with interested stakeholders, develop a standardized informed consent form. (j) Skilled nursing facilities and intermediate care facilities shall not be required to include the written consent form in the resident’s health record until the informed consent form is available as developed by the department. The department shall have a final informed consent form available to skilled nursing facilities and intermediate care facilities by December 31, 2025. Nothing in this section negates existing informed consent requirements in law or regulations. (k) This section shall not apply to an individual under the care of the State Department of State Hospitals. (l) Notwithstanding any other law, the department may, without taking any regulatory actions pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an All Facilities Letter (AFL) or similar instruction. (Added by Stats. 2023, Ch. 794, Sec. 4. (AB 48) Effective January 1, 2024.)
  179. 1599.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. )

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    Patients may voice grievances without reprisal and may submit complaints to the State Department of Health Services or its representative.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. ) ## 1599.2. Written information informing patients of their rights shall include a preamble or preliminary statement in substantial form as follows: (a) Further facility requirements are set forth in the Health and Safety Code, and in Title 22 of the California Administrative Code. (b) Willful or repeated violations of either code may subject a facility and its personnel to civil or criminal proceedings. (c) Patients have the right to voice grievances to facility personnel free from reprisal and can submit complaints to the State Department of Health Services or its representative. (Added by Stats. 1979, Ch. 893.)
  180. 1599.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. )

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    If a patient is legally incompetent, medically unable to understand the information, or has a communication barrier, the patient’s rights under this chapter pass to a guardian, conservator, next of kin, sponsoring agency, or representative payer, unless the facility itself is the representative payer.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. ) ## 1599.3. Any rights under this chapter of a patient judicially determined to be incompetent, or who is found by his physician to be medically incapable of understanding such information, or who exhibits a communication barrier, shall devolve to such patient’s guardian, conservator, next of kin, sponsoring agency, or representative payer, except when the facility itself is the representative payer. (Added by Stats. 1979, Ch. 893.)
  181. 1599.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. )

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    This chapter must not be interpreted or applied to impose new or additional obligations or standards on skilled nursing, intermediate care, or hospice facilities or their personnel, except for notification and explanation of patient rights or unreasonable costs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights [1599 - 1599.4] ( Chapter 3.9 added by Stats. 1979, Ch. 893. ) ## 1599.4. In no event shall this chapter be construed or applied in a manner which imposes new or additional obligations or standards on skilled nursing, intermediate care facilities, or hospice facilities or their personnel, other than in regard to the notification and explanation of patient’s rights or unreasonable costs. (Amended by Stats. 2012, Ch. 673, Sec. 8. (SB 135) Effective January 1, 2013.)
  182. 1599.60.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    This section defines key terms used in the chapter, including “abbreviated contract of admission,” “contract of admission,” and “department.”

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.60. As used in this chapter: (a) “Abbreviated contract of admission” means a contract which meets the provisions of this chapter, except as otherwise provided, for a resident who is receiving respite care services, as defined in Section 1418.1. The following provisions of this chapter shall not apply to an abbreviated contract of admission: subdivision (b) of Section 1599.65, subdivision (b) of Section 1599.67, Section 1599.69, subdivision (b) of Section 1599.76, and Section 1599.79. (b) “Contract of admission” includes all documents which a resident or his or her representative must sign at the time of, or as a condition of, admission to a long-term health care facility, as defined in Section 1326. (c) “Department” means the State Department of Health Services or its designee. (Amended by Stats. 1990, Ch. 1329, Sec. 4.5. Effective September 26, 1990.)
  183. 1599.61.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Certain long-term care facilities must use the department’s standard admission agreement, with limited rules for short stays, translations, and distribution of the Patients’ Bill of Rights.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.61. (a) By January 1, 2000, all skilled nursing facilities, as defined in subdivision (c) of Section 1250, intermediate care facilities, as defined in subdivision (d) of Section 1250, and nursing facilities, as defined in subdivision (k) of Section 1250, shall use a standard admission agreement developed and adopted by the department. This standard agreement shall comply with all applicable state and federal laws. (b) (1) No facility shall alter the standard agreement unless so directed by the department. (2) The department may develop an abbreviated admission agreement for patients whose length of stay is anticipated to be 14 days or less. This abbreviated agreement may be developed to coordinate with the standard admission agreement. If the patient’s stay exceeds 14 days, the nursing facility shall obtain agreement to the remainder of the standard admission agreement. (3) Nothing in this section shall prevent a skilled nursing facility, an intermediate care facility, or a nursing facility from distributing written explanations of facility-specific rules and procedures, provided that the written explanations are not included or incorporated in, or attached to the standard admission agreement, nor signed by the resident or his or her representative. (c) Subdivisions (a) and (b) shall apply to all new admissions to skilled nursing facilities, intermediate care facilities, and nursing facilities that occur after December 31, 1999. (d) By January 1, 2000, the department shall consolidate and develop one comprehensive Patients’ Bill of Rights that includes the provisions contained in Chapter 3.9 (commencing with Section 1599), the regulatory resident rights for skilled nursing facilities under Section 72527 of Title 22 of the California Code of Regulations, the regulatory resident rights for intermediate care facilities under Section 73523 of Title 22 of the California Code of Regulations, and the rights afforded residents under Section 483.10 et seq. of Title 42 of the Code of Federal Regulations. This comprehensive Patients’ Bill of Rights shall be a mandatory attachment to all skilled nursing facility, intermediate care facility, and nursing facility contracts as specified in Section 1599.74 of this chapter. (e) By January 1, 2000, the department shall ensure the translation of the Patients’ Bill of Rights described in subdivision (d) into Spanish, Chinese, and other languages as needed to provide copies of the Patients’ Bill of Rights to members of any ethnic group that represents at least 1 percent of the state’s skilled nursing facility, intermediate care facility, and nursing facility population. (f) Translated copies of the Patients’ Bill of Rights shall be made available to all long-term health care facilities in the state, including skilled nursing facilities, intermediate care facilities, and nursing facilities. It shall be the responsibility of the long-term health care facilities to duplicate and distribute the translated versions of the Patients’ Bill of Rights with admissions agreements, when appropriate. (g) Nothing in this section is intended to change existing statutory or regulatory requirements governing the care provided to nursing facility residents. Similarly, nothing in this section is intended to create a new cause of action against a skilled nursing facility, an intermediate care facility, or a nursing facility as defined in Section 1250, related to its compliance with those existing statutory or regulatory requirements governing the care provided to nursing facility residents. (Repealed and added by Stats. 1997, Ch. 631, Sec. 3. Effective January 1, 1998.)
  184. 1599.62.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts for long-term health care facilities may not contain unlawful waivers or provisions that the facility knows or should know are deceptive or unlawful.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.62. (a) Contracts of admission shall not include unlawful waivers of facility liability for the health and safety or personal property of residents. No contract of admission shall include any provision which the facility knows or should know to be deceptive or unlawful under state or federal law. (b) Violation of this chapter shall result in a Class B citation or a deficiency from the department. For purposes of this section, the admission agreement shall be viewed as a whole and shall result in only one citation. (c) Unless otherwise expressly provided, the remedies or penalties provided by this chapter do not preclude a resident from seeking any other remedy and penalties available under all other laws of this state. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  185. 1599.63.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Long-term health care facilities must give the public complete blank copies of their admission contract on request, at cost, and must post the contract or a notice of its availability in a place visible to the public inside the facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.63. (a) Every long-term health care facility shall make complete blank copies of its admission contract immediately available to the public at cost, upon request. (b) Every long-term health care facility shall post conspicuously in a location accessible to public view within the facility either a complete copy of its admission contract or notice of the availability of it from the facility. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  186. 1599.64.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts for long-term health care facilities must meet formatting and content rules, and abbreviated admission contracts must include specific disclosures.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.64. (a) All abbreviated contracts of admission and contracts of admission shall be printed in black type of not less than 10-point type size, on plain white paper. The print shall appear on one side of the paper only. (b) The contract shall be written in clear, coherent, and unambiguous language, using words with common and everyday meanings. It shall be appropriately divided, and each section captioned. (c) The contract for a skilled nursing facility shall have an attachment that is placed before any other attachment and that shall disclose the name of the owner and licensee of the skilled nursing facility and the name and contact information of a single entity that is responsible for all aspects of patient care and the operation of the facility. (d) An abbreviated contract of admission shall include a statement indicating that respite care services, as defined in Section 1418.1, provided by the skilled nursing facility or intermediate care facility is not a Medi-Cal covered service and can only be provided by the facility on a private-pay or third-party payor basis, unless the person is participating in a Medicaid waiver program pursuant to Section 1396n of Title 42 of the United States Code, or other respite care service already covered by the Medi-Cal program. (e) An abbreviated contract of admission shall specify the discharge date agreed to upon admission by the skilled nursing facility or intermediate care facility and the person being admitted or his or her representative. This discharge date shall be binding as a ground for discharge in addition to any other ground for discharge pursuant to federal or state law and regulations. (f) An abbreviated contract of admission shall include a statement informing the person being admitted for respite care services that the contract is designed specifically for the provision of respite care services and cannot be used for any other type of admission to the facility. (Amended by Stats. 2009, Ch. 532, Sec. 1. (AB 1457) Effective January 1, 2010.)
  187. 1599.645.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    A skilled nursing facility must notify residents, patients, and listed primary contacts in writing within 30 days after a change of ownership is approved by the State Department of Public Health.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.645. (a) Within 30 days of approval of a change of ownership by the State Department of Public Health, the skilled nursing facility shall send written notification to all current residents and patients and to the primary contacts listed in the admission agreement of each resident and patient. The notice shall disclose the name of the owner and licensee of the skilled nursing facility and the name and contact information of a single entity that is responsible for all aspects of patient care and the operation of the facility. (b) The department shall accept a copy of the written notice and a copy of the list of individuals and mailing addresses to whom the facility sent the notification as satisfactory evidence that the facility provided the required written notification. (Amended by Stats. 2010, Ch. 328, Sec. 125. (SB 1330) Effective January 1, 2011.)
  188. 1599.65.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    This section requires a facility to try to explain the admission contract and get the admitted person’s signature, requires the resident to sign or cosign unless excused by incompetence or medical inability, and bars Medi-Cal facilities from requiring a responsible party’s signature as a condition of admission.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.65. (a) Prior to or at the time of admission, the facility shall make reasonable efforts to communicate the content of the contract to, and obtain on the contract the signature of, the person who is to be admitted to the facility. Unless the prospective resident has been declared legally incompetent or is unable to understand and sign the contract because of his or her medical condition, he or she shall sign or cosign the admission agreement. In the event the patient is unable to sign the contract, the reason shall be documented in the resident’s medical record by the admitting physician. This provision does not preclude the facility from obtaining the signature of an agent, responsible party, or a legal representative, if applicable. (b) The contract of admission for facilities certified to be reimbursed by Medi-Cal shall set forth, in bold capital letters of not less than 10-point type, the prohibition in Section 14110.8 of the Welfare and Institutions Code that no facility may require or solicit as a condition of admission that a Medi-Cal beneficiary have a responsible party sign or cosign the contract of admission. If the Medi-Cal beneficiary has an agent, then the signature of the agent may be required on the contract of admission. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  189. 1599.651.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    A returning resident usually does not need a new admission contract if a signed written statement listing contract changes is prepared by the facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.651. A person who seeks to be admitted to the same long-term health care facility for which there exists a prior executed contract of admission which was signed by that person, or his or her legal representative, responsible party, or agent, in accordance with this chapter shall not be required to execute a new contract of admission if the person, or his or her legal representative, responsible party, or agent, either prior to or upon readmission, signs a written statement prepared by the facility which lists the modifications to the contract of admission. The written statement shall indicate the date upon which the person’s signature was obtained. The written statement shall be kept on file by the facility with the person’s previously signed contract of admission. This section shall not apply to any person who has been declared legally incompetent subsequent to the time he or she signed the contract of admission. This section shall not apply to any person when the physician and surgeon of that person has determined that the person is unable to understand and sign the written statement because of his or her medical condition. No written statement shall contain any provision that is prohibited from being included in a contract of admission. A new contract of admission or a written statement which lists the modifications need not be signed by the person, or his or her legal representative, responsible party, or agent, in the case of a transfer during a bedhold period. (Added by Stats. 1990, Ch. 353, Sec. 1.)
  190. 1599.652.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    A returning respite-care patient at the same skilled nursing or intermediate care facility does not have to sign a new abbreviated admission contract if a signed written statement listing the changes is signed before or at admission.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.652. A person who seeks to be admitted to the same skilled nursing facility or intermediate care facility to receive respite care services for which there already exists a prior executed abbreviated contract of admission which was signed by that person, or his or her legal representative or responsible party, in accordance with this chapter shall not be required to execute a new abbreviated contract of admission if the person, or his or her legal representative or responsible party, either prior to or upon admission, signs a written statement prepared by the facility which lists the modifications to the abbreviated contract of admission. The written statement shall indicate the date upon which the person’s signature was obtained. The written statement shall be kept on file by the facility with the person’s previously signed abbreviated contract of admission. This section shall not apply to any person who has been declared legally incompetent subsequent to the time he or she signed the abbreviated contract of admission. This section shall not apply to any person when the physician and surgeon of that person has determined that the person is unable to understand and sign the written statement because of his or her medical condition. (Added by Stats. 1990, Ch. 1329, Sec. 6. Effective September 26, 1990.)
  191. 1599.66.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts must clearly say whether the facility participates in Medi-Cal.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.66. Every contract of admission shall clearly and explicitly state whether the facility participates in the Medi-Cal program. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  192. 1599.67.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts for long-term health care facilities must disclose covered and optional services, related charges, monthly itemized statements, and certain notice rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.67. (a) Every contract of admission shall state clearly what services and supplies are covered by the facility’s basic daily rate. In addition, the agreement shall specify in detail which services are optional, and the charges for these services, and indicate that residents will receive monthly statements itemizing all charges incurred by them. (b) The contract of a facility that is a provider pursuant to Medicare, or Medi-Cal, or both, shall state that optional and covered services may be different for residents in those programs than for private pay residents. When a resident converts from Medicare or private pay to Medi-Cal, the facility shall give the resident a form listing Medi-Cal optional and covered services. (c) Every contract of admission shall clearly state that the facility is required by law to provide no less than 30 days written notice to the residents of any increase for optional services or in the daily room rate charged by the facility, except as provided in subdivision (b) of Section 1288. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  193. 1599.68.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    A long-term health care facility that charges interest on delinquent accounts must state the interest rate and how it is calculated in the admission contract.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.68. Any long-term health care facility that imposes interest charges on delinquent accounts shall clearly state in the contract of admission the rate of interest so charged and the method of computation. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  194. 1599.69.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Certain long-term health care facility admission contracts must include Medi-Cal billing and refund notices, and they cannot require private pay status or pre-application notice of Medi-Cal conversion.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.69. (a) The contract of admission for any long-term health care facility that is a Medi-Cal certified facility shall state in bold capital letters of not less than 10-point type that neither the prospective resident, nor his or her representative, may be required to pay privately for any period during which the resident has been approved for payment by Medi-Cal, and that as provided by Section 14019.3 of the Welfare and Institutions Code, upon presentation of the Medi-Cal card or other proof of eligibility, the facility shall submit a Medi-Cal claim for reimbursement, subject to the rules and regulations of the Medi-Cal program, and the facility shall return any and all payments made by the beneficiary, or any person on behalf of the beneficiary, for Medi-Cal program covered services upon receipt of Medi-Cal payment. The contract shall state in bold capital letters of not less than 10-point type that no certified facility may require as a condition of admission, either in its contract of admission or by oral promise prior to signing the contract, that residents remain in private pay status for a specified period of time. (b) No contract of admission may require notice of a resident’s intent to convert to Medi-Cal status prior to the date of the resident’s application for Medi-Cal status. This subdivision does not preclude the facility from requesting notice from a resident who has been admitted. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  195. 1599.70.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    A contract of admission cannot require a security deposit from a Medi-Cal beneficiary admitted as a Medi-Cal patient.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.70. (a) No contract of admission may require a security deposit from a Medi-Cal beneficiary who applies for admission to the facility as a Medi-Cal patient. (b) Any security deposit from a person paying privately upon admission shall be returned within 14 days of the private account being closed, or first Medi-Cal payment, whichever is later, and with no deduction for administration or handling charges. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  196. 1599.71.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts for long-term health care facilities cannot require residents to pay for days after death or involuntary discharge, and cannot require advance notice of voluntary discharge.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.71. (a) No contract of admission shall require the resident to pay for days beyond the date of his or her death or involuntary discharge from the facility, except that a facility may charge the resident for a maximum of three days at the basic daily rate in the event that the resident is voluntarily discharged from the facility less than three days following his or her admission. This section does not affect the provision for a maximum of seven days’ payment under the bedhold regulation as specified in Section 72520 of Title 22 of the California Administrative Code. (b) No contract of admission shall require advance notice of voluntary discharge from a facility. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  197. 1599.72.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts for long-term health care facilities cannot require residents to consent to all physician-ordered treatment, may limit consent requirements to routine nursing or emergency care, and must inform patients of the right to refuse treatment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.72. No contract of admission shall include a clause requiring residents to sign a consent to all treatment ordered by any physician. Contracts of admission may require consent only for routine nursing care or emergency care. The admission contract shall contain a clause which informs the patient of the right to refuse treatments as set forth in paragraph (4) of subdivision (a) of Section 72527 of Title 22 of the California Administrative Code. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  198. 1599.73.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts must state residents’ confidentiality right, provide a way for residents to authorize disclosure to specific people, encourage advance health care directives after admission, and let the long-term care ombudsman request a list of newly admitted patients.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.73. (a) Every contract of admission shall state that residents have a right to confidential treatment of medical information. (b) The contract shall provide a means by which the resident may authorize the disclosure of information to specific persons, by attachment of a separate sheet that conforms to the specifications of Section 56 of the Civil Code. After admission, the facility shall encourage residents having capacity to make health care decisions to execute an advance health care directive in the event that he or she becomes unable to give consent for disclosure. The facility shall make available upon request to the long-term care ombudsman a list of newly admitted patients. (Amended by Stats. 1999, Ch. 658, Sec. 4. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  199. 1599.74.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    The department must translate Patients’ Bill of Rights materials into required languages and formats, and admission contracts must include the rights text and a separate written acknowledgement.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.74. (a) The department shall translate both the statutory Patients’ Bill of Rights, as provided in Chapter 3.9 (commencing with Section 1599), the regulatory Patients’ Bill of Rights for Skilled Nursing Facilities (commencing with Section 72527 of Title 22 of the California Administrative Code), and, if appropriate, the regulatory Patients’ Bill of Rights for Intermediate Care Facilities (commencing with Section 73523 of Title 22 of the California Administrative Code), into Spanish and Chinese, and into other languages as needed for ethnic groups representing 1 percent or more of the nursing home population in the state. The department shall also translate the Patients’ Bill of Rights into Braille or have it recorded for the use of blind patients, or both. These translations shall be sent to all long-term health care facilities in the state. (b) Every contract of admission shall contain a complete copy of both the statutory and regulatory Patients’ Bill of Rights. Notwithstanding any other provision of law, the text of the Patients’ Bill of Rights shall be in legible print of no less than 12-point type. If a translation has been provided by the department, the text given to non-English-speaking residents shall be in their language. (c) The contract shall also contain a separate written acknowledgement that the resident has been informed of the Patients’ Bill of Rights. Written acknowledgement by the resident or the resident’s representative must be made either on a separate document or in the agreement itself next to the clause informing the resident of these regulatory rights. Written acknowledgement by use of the signature on the agreement as a whole does not meet this requirement. (Amended by Stats. 2002, Ch. 550, Sec. 1. Effective January 1, 2003.)
  200. 1599.75.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts for long-term health care facilities must say facility rules are reasonable, describe a rule-change procedure, identify available grievance procedures, inform residents of contact rights, and make grievance forms include ombudsman and public health contact details.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.75. (a) When referring to a resident’s obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules. (b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available. (c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility. (d) The facility’s grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. (Amended by Stats. 2022, Ch. 577, Sec. 3. (AB 895) Effective January 1, 2023.)

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