Cal. HSC § 1596.868 — California Code / Code hsc / Division 2 / Chapter 3.4 / Article 2 / Section 1596.868
Section 1596.868
Status: in_force

(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)).