Cal. HSC § 1596.853 — California Code / Code hsc / Division 2 / Chapter 3.4 / Article 2 / Section 1596.853
Section 1596.853
Status: in_force

(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.