Cal. HSC § 1596.8535 — California Code / Code hsc / Division 2 / Chapter 3.4 / Article 2 / Section 1596.8535
Section 1596.8535
Status: in_force

(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.