reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.607.

1596.607. (a)  (1)  If the department finds that the trustline applicant has been convicted of a crime, other than a minor traffic violation, the department shall deny the application, unless the department grants an exemption pursuant to subdivision (f) of Section 1596.871.
(2)  If the department finds that the trustline applicant has an arrest as described in subdivision (a) of Section 1596.871, the department may deny the application if the trustline applicant may pose a risk to the health and safety of any person who is or may become a client and the department complies with subdivision (e) of Section 1596.871.
(3)  The department shall comply with the requirements of Section 1596.877 and may deny the application of a trustline applicant for substantiated child abuse that may pose a threat to the health and safety of any person who is or may become a client.
(4)  The department may deny the application for registration of the trustline applicant if it discovers that the department or a county had previously revoked or rescinded a license or certificate to be a certified family home or resource family held by the trustline applicant or excluded the trustline applicant from a licensed facility, certified family home, or resource family home.
(5)  The department may deny the application for registration of the trustline applicant if it discovers that the department or a county had previously denied the trustline applicant’s application for a license from the department or certificate to be a certified family home or resource family.
(b)  (1)  If, the department denies registration pursuant to subdivision (a), it shall advise the provider of the right to appeal. The provider shall have 15 days to appeal the denial.
(2)  Upon receipt by the department of the appeal, the appeal shall be set for hearing. The hearing shall be conducted in accordance with Section 1596.887.
(Amended by Stats. 2017, Ch. 732, Sec. 37. (AB 404) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.608.

1596.608. (a)  (1)  The department may revoke a provider’s trustline registration for any of the following:
(A)  Procuring trustline registration by fraud or misrepresentation.
(B)  Knowingly making or giving any false statement or information in conjunction with the application for issuance of trustline registration.
(C)  Criminal conviction unless an exemption is granted pursuant to Section 1596.871.
(D)  Incident of child abuse or neglect or other conduct that poses a threat to the health and safety of any person who is or may become a client.
(2)  The hearing to revoke the trustline registration shall be conducted in accordance with Section 1596.887.
(b)  The trustline provider’s registration shall be considered forfeited under the following conditions:
(1)  The trustline provider has had a license or certificate of approval revoked, suspended, or denied as authorized under Section 1534, 1550, 1568.082, 1569.50, or 1596.885.
(2)  The trustline provider has been denied employment, residence, or presence in a facility based on action resulting from an administrative hearing pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897.
(3)  The trustline provider fails to maintain a current mailing address with the department.
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.61.

1596.61. (a)  The department may charge a fee to a trustline applicant. The department may enter into an interagency agreement for the purpose of transferring funds to offset the costs incurred by the California Child Care Resource and Referral Network to implement the trustline program pursuant to this chapter.
(b)  The maximum fee shall not exceed the total actual costs of all of the following:
(1)  The searches of the state summary criminal history information and the child abuse index performed by the Department of Justice. The cost to check the criminal history information shall not subsidize the cost to check the criminal history of other persons by the State Department of Social Services who are not charged a fee by the Department of Justice.
(2)  The cost incurred by the Department of Justice for the searches of the records of the Federal Bureau of Investigation.
(3)  The information and technical assistance provided by the California Child Care Resource and Referral Network to parents, providers, and employment agencies.
(4)  The implementation by the local child care resource and referral programs of the trustline program.
(5)  The cost to the department to process the applications and maintain the trustline registry.
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.615.

1596.615. All moneys collected by the department to implement this chapter shall, notwithstanding Section 13340 of the Government Code, be continuously appropriated to the department without regard to fiscal year for expenditure pursuant to this chapter.
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.616.

1596.616. Notwithstanding Section 1596.61, the department shall charge a fee to each trustline applicant who provides care in an ancillary day care center, that is equal to and does not exceed the total amount required by the department to process applications and maintain the trustline registry for these providers.
(Amended by Stats. 2010, Ch. 431, Sec. 1. (AB 222) Effective September 29, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.62.

1596.62. (a)  (1)  The Department of Justice shall maintain and continually update an index of reports of child abuse by, and pertinent criminal convictions of, 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. The department shall continually update the trustline registry pursuant to the actions required in Section 1596.607.
(2)  The trustline applicant and registered trustline provider shall inform the department of any new mailing address in writing within 10 days of the change in address.
(b)  The department shall provide the California Child Care Resource and Referral Network with a continually updated record of the trustline applicants, trustline applicants that the department denied, the registered trustline child care providers, and providers whose registration that the department revoked.
(c)  Notwithstanding any other law, including Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, state officers or employees shall not be liable for any damages caused by their conduct pursuant to this chapter except for intentional acts or gross negligence.
(d)  On July 1, 1998, the Department of Justice shall transfer all trustline application and registration material to the department. The department shall be responsible for all pending applications and hearings and shall transfer all trustline application and registration information.
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.63.

1596.63. It is a misdemeanor for a person to falsely represent or present himself or herself as a trustline applicant or a registered trustline child care provider.
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.64.

1596.64. (a)  The department shall enter into a contract with the California Child Care Resource and Referral Network to administer the trustline duties as described in this chapter.
(b)  The California Child Care Resources and Referral Network may subcontract with local resource and referral programs for the implementation of the trustline program at the local level.
(c) Notwithstanding any other law:
(1) Contracts or grants awarded pursuant to this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(2) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
(Amended by Stats. 2021, Ch. 116, Sec. 240. (AB 131) Effective July 23, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.643.

1596.643. (a)  The California Child Care Resource and Referral Network shall have the following responsibilities:
(1)  Establish and maintain a toll-free line to allow parents, employment agencies, child care referral groups and registries, alternative payment programs, and others to determine if a provider is a trustline applicant or a registered trustline child care provider.
(2)  Develop a statewide promotion plan, publicize statewide existence, benefits, and methods of accessing the trustline for both parents and providers, and distribute trustline applications statewide.
(3)  Monitor and provide assistance to the child care resource and referral agencies in carrying out their trustline responsibilities.
(4)  Seek private financial support for the trustline.
(5)  Ensure that the trustline is accessible to all persons in the state, regardless of their ability to speak English.
(b)  Officers or employees of the California Child Care Resource and Referral Network shall not be liable for any injury caused by their conduct pursuant to paragraph (1) of subdivision (a), except for intentional conduct or gross negligence.
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.645.

1596.645. The California Child Care Resource and Referral Network, in consultation with representatives of private industry, parents, childcare resource and referral agencies, the department, trustline providers, employment agencies, and the pediatric health sector, shall review and make recommendations concerning the operation of the trustline. This review shall include a consideration of strategies for reducing the processing time for trustline application denials, and to the extent possible, an evaluation of, or proposed methodology for measuring, whether those childcare providers for whom trustline applications are denied are still providing care when denial letters are sent to them.
(Amended by Stats. 2021, Ch. 116, Sec. 241. (AB 131) Effective July 23, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.65.

1596.65. (a)  An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care provider to parents or guardians who are not required to be a licensed child day care facility shall not make a placement of a child care provider who is not a trustline applicant or a registered child care provider.
(b)  Any violation of this section is a misdemeanor and shall be punishable by a fine of one hundred dollars ($100).
(Amended by Stats. 1998, Ch. 287, Sec. 2. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.655.

1596.655. A childcare resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code shall have the following responsibilities in the administration of the trustline within its local geographic area of service:
(a)  Implement the local elements of the promotion plan designed by the California Child Care Resource and Referral Network pursuant to Section 1596.643 and publicize the availability, purpose, and benefits of the trustline to parents, childcare providers, prospective childcare providers, and institutions and agencies that have frequent contact with parents and providers.
(b)  Cooperate with the California Child Care Resource and Referral Network in promotional and data collection efforts.
(c)  Report annually to the California Child Care Resource and Referral Network on local promotional efforts, problems encountered, and recommendations for program improvement.
(d)  Ensure that the trustline is accessible to all persons in the state, regardless of their ability to speak English.
(e)  Provide information and technical assistance on the trustline process to parents, childcare providers, and other interested parties.
(Amended by Stats. 2021, Ch. 116, Sec. 242. (AB 131) Effective July 23, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.656.

1596.656. (a) A person 18 years of age or older, who provides child care or child care supervision in an ancillary day care center, as defined in Section 1596.60, shall be registered pursuant to Sections 1596.603 and 1596.605. Nothing in this chapter shall be construed to prevent a person under 18 years of age from being employed in an ancillary day care center.
(b) Notwithstanding any provision of law to the contrary, if a person 18 years of age or older is denied trustline registration by the department pursuant to Section 1596.605 or 1596.607, or if the department revokes a person’s trustline registration pursuant to Section 1596.608, that person shall be ineligible for employment in a position providing child care or child care supervision in an ancillary day care center.
(c) If an existing employee providing child care or child care supervision in an ancillary day care center, or a prospective employee seeking employment in a position that provides child care or child care supervision in an ancillary day care center, submits an application to the department to become a registered trustline child care provider, that existing or prospective employee shall be deemed to be in compliance with the requirements of this section and permitted to work in a position providing child care or child care supervision pending the department’s review of his or her trustline application. The existing or prospective employee shall become ineligible for employment providing child care or child care supervision in an ancillary day care center if the department denies his or her trustline application and any right to appeal the department’s denial has been exhausted or has expired.
(d) This section shall become operative on January 1, 2011.
(Amended by Stats. 2010, Ch. 431, Sec. 2. (AB 222) Effective September 29, 2010. Section initially operative January 1, 2011, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.657.

1596.657. Pursuant to Section 3200.5 of the Family Code, a professional supervised visitation provider, as described in that section, shall, beginning January 1, 2021, be registered pursuant to Sections 1596.603 and 1596.605.
(Added by Stats. 2019, Ch. 823, Sec. 3. (AB 1165) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.671.

1596.671. (a) To the extent required by federal law, each license-exempt childcare provider, as defined in Section 1596.60, who receives compensation, in whole or in part, under the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code, shall be registered pursuant to Sections 1596.603 and 1596.605. Registration shall be at no cost to the provider, and payment of the cost shall be consistent with county policies and procedures for payment of the cost for childcare providers who receive compensation under Stage 1 of the CalWORKs Child Care Program and who register with Trustline pursuant to Section 1596.67.
(b) Payment provided to a license-exempt childcare provider pursuant to Section 11461.6 of the Welfare and Institutions Code shall cease if the provider has a criminal conviction for which the department has not granted a criminal record exemption pursuant to subdivision (f) of Section 1596.871.
(c) Subdivision (a) shall not be implemented unless funding for Trustline registration is appropriated to the department for this purpose in the annual Budget Act or in other legislation.
(Added by Stats. 2019, Ch. 27, Sec. 11. (SB 80) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.68.

1596.68. (a) This chapter shall be operative on July 1, 1998.
(b) (1) Before, on, or after July 1, 1998, the department may adopt regulations to implement this chapter.
(2) The initial adoption of any emergency regulations for purposes of this chapter following January 1, 1998, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days.
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Note: This section prescribes a delayed operative date (July 1, 1998) for Chapter 3.35, commencing with Section 1596.60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.70.

1596.70. This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with 1597.30) may be cited as the California Child Day Care Facilities Act.
(Amended by Stats. 1985, Ch. 1064, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.71.

1596.71. This chapter applies to Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30). This chapter also applies to Chapter 3.65 (commencing with Section 1597.70).
(Amended by Stats. 1994, Ch. 690, Sec. 1. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.72.

1596.72. The Legislature finds all of the following:
(a) That child daycare facilities can contribute positively to a child’s emotional, cognitive, and educational development.
(b) That it is the intent of this state to provide a comprehensive, quality system for licensing child daycare facilities to ensure a quality childcare environment.
(c) That this system of licensure requires a special understanding of the unique characteristics and needs of the children served by child daycare facilities.
(d) That it is the intent of the Legislature to establish within the State Department of Social Services an organizational structure to separate licensing of child daycare facilities from those facility types administered under Chapter 3 (commencing with Section 1500).
(e) That good quality childcare services are an essential service for working parents.
(f) California has a tremendous shortage of regulated childcare, and only a small fraction of families who need childcare have it. Parents should be able to support their families without having to sacrifice their child’s well-being.
(g) With childcare, families have more options for jobs and education to improve their prospects. Good, affordable childcare gives children a strong start and creates opportunities for families and communities.
(Amended by Stats. 2019, Ch. 244, Sec. 1. (SB 234) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.73.

1596.73. The purposes of this act are to:
(a) Streamline the administration of childcare licensing and thereby increase the efficiency and effectiveness of this system.
(b) Encourage the development of licensing staff with knowledge and understanding of children and childcare needs.
(c) Provide providers of childcare with technical assistance about licensing requirements.
(d) Enhance consumer awareness of licensing requirements and the benefits of licensed childcare.
(e) Recognize that affordable, quality licensed childcare is critical to the well-being of parents and children in this state.
(f) Promote the development and expansion of regulated childcare.
(Amended by Stats. 2019, Ch. 244, Sec. 2. (SB 234) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.74.

1596.74. Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30).
(Added by Stats. 1984, Ch. 1615, Sec. 9.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.75.

1596.75. “Child” means a person who is under 18 years of age who is being provided care and supervision in a child day care facility, except where otherwise specified in this act.
(Added by Stats. 1984, Ch. 1615, Sec. 9.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.750.

1596.750. “Child day care facility” means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family day care homes.
(Amended by Stats. 1994, Ch. 690, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.76.

1596.76. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers, and includes child care centers licensed pursuant to Section 1596.951.
(Amended by Stats. 2018, Ch. 574, Sec. 1. (AB 605) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.771.

1596.771. “Employer-sponsored child care center” means any child day care facility at the employer’s site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer.
(Added by Stats. 1994, Ch. 690, Sec. 3. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.773.

1596.773. (a) “Probation” means the period of time that a licensed child day care facility is required to comply with specific terms and conditions set forth by the department in order to stay or postpone the revocation of the facility’s license.
(b) “Revocation” means an administrative action taken by the department to void or rescind the license of a child day care facility because of serious or chronic violations of licensing laws or regulations by the facility.
(Added by Stats. 2004, Ch. 358, Sec. 3. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.775.

1596.775. The Legislature finds and declares all of the following:
(a)  There is a severe shortage of child care for schoolage children throughout California, with many schoolage children going home to an empty, unsupervised setting after school.
(b)  For nearly five years several counties have participated in a pilot program that allows for a family day care home to care for two additional children above the current number allowed pursuant to licensing regulations.
(c)  As part of the pilot program, a study was conducted by the Assembly Office of Research. The results of the study demonstrated that the pilot program achieved all of the following results:
(1)  Increased access to care for schoolage children.
(2)  Participating providers encountered few problems and strongly support expansion of the program.
(3)  Parents of children in the pilot program family day care homes strongly support the program.
(4)  Participating providers with additional children were no more likely to receive substantiated complaints from licensing officials than nonparticipants.
(5)  Local governments and planning officials saw little or no impact on their licensing policies and procedures.
(6)  Overall quality of care was not adversely affected.
(Added by Stats. 1996, Ch. 18, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.78.

1596.78. (a) “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.
(b) “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations.
(c) “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations.
(d) A 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 daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
(Amended by Stats. 2019, Ch. 244, Sec. 3. (SB 234) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.785.

1596.785. “Nonminor student” means a person 18 years of age or older who qualifies as an individual with exceptional needs, as defined in Section 56026 of the Education Code, and who qualifies for services from a regional center for persons with developmental disabilities, as a person with a developmental disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code. The terms “child,” “children,” or “minor,” as used in this chapter or Chapter 3.5 (commencing with Section 1596.90), may also include a nonminor student enrolled or retained at a schoolage child care center.
(Added by Stats. 2011, Ch. 471, Sec. 1. (SB 309) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.79.

1596.79. “Person” means an individual, partnership, association, corporation, limited liability company, or governmental entity, such as the state, a county, city, special district, school district, community college district, chartered city, or chartered city and county.
(Amended by Stats. 1994, Ch. 1010, Sec. 155. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.790.

1596.790. “Planning agency” means the agency designated pursuant to Section 65100 of the Government Code.
(Added by Stats. 1984, Ch. 1615, Sec. 9.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.791.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.7915.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.7925.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.793.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.794.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.795.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.796.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.797.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.799.

1596.799. (a)  Notwithstanding Section 1597.05 or any other provision of law, any day care center that exclusively offers a program of services for which there is no contract or agreement between any parent and the center for the regular care of any child, and for which there is no prearranged schedule of care for any child, 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, the parent shall sign an acknowledgment that he or she understands that verification of immunizations and tuberculosis testing is not required for any child accepted in this type of program.
(c)  This section shall not be construed to exempt a day care center from any other licensing requirement.
(Added by Stats. 2002, Ch. 536, Sec. 1. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.7995.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 1 - General Provisions and Definitions › Section 1596.7996.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 2 - Administration of Child Day Care Licensing › Section 1596.80.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 2 - Administration of Child Day Care Licensing › Section 1596.802.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 2 - Administration of Child Day Care Licensing › Section 1596.804.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 2 - Administration of Child Day Care Licensing › Section 1596.805.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.4 - California Child Day Care Act › ARTICLE 2 - Administration of Child Day Care Licensing › Section 1596.806.

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.)