Cal. HSC § 1597.640 — California Code / Code hsc / Division 2 / Chapter 3.62 / Section 1597.640
Section 1597.640
Status: in_force

(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.