reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101170.1 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department will notify a licensee to act immediately to terminate the employment of,
				  remove from the facility or bar from entering the facility any person described in
				  Sections 101170.1(a)(1) through
				  (5) below while the Department considers granting
				  or denying an exemption. Upon notification, the licensee shall comply with the
				  notice.
(1) Any person who has been convicted of,
				  or is awaiting trial for, a sex offense against a minor;
(2) Any person who has been convicted of a
				  felony;
(3) Any person who has been
				  convicted of an offense specified in Sections
				  243.4,
				  273a,
				  273d,
				  273g, or
				  368 of the Penal
				  Code or any other crime specified in Health and Safety Code Section
				  1596.871(c)(2);
(4) Any person who has been convicted of any crime
				  specified below:
(A) Battery
(B) Shooting at Inhabited Dwelling
(C) Corporal Injury on Spouse/Cohabitant
(D) Discharging Firearm with Gross
				  Negligence
(E) Exhibiting
				  Weapon/Firearm
(F) Threat to Commit a
				  Crime Resulting in Gross Bodily Injury or Death
(G) Criminal Threat to Harm or Injure Another
				  Person
(H) Cruelty to Animals
(I) Willful Harm or Injury to Child;
				  or
(5) Any other person
				  ordered to be removed by the Department.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101170.2 - Child Abuse Central Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				  granting a license for a child care center, the Department shall conduct a Child
				  Abuse Central Index (CACI) review pursuant to Health and Safety Code Section
				  1596.877
				  and Penal Code Section
				  11170(b)(3).
				  The Department shall check the CACI for the applicant(s) and all individuals subject
				  to a criminal record review, pursuant to Health and Safety Code Section
				  1596.871(a)
				  and shall have the authority to approve or deny a facility license, employment, or
				  presence in the facility based on the results of the review.
(1) The applicant shall submit the Child Abuse
				  Central Index checks (LIC 198A [3/99]) for all individual's required to be checked
				  directly to the California Department of Justice at the same time that the
				  individual's fingerprints are submitted for a criminal background check as required
				  by Section 101170(a).
(A) Individuals who have submitted the Child Abuse
				  Central Index check (LIC 198A [3/99]) with fingerprints on or after January 1, 1999
				  need not submit a new check if the individual can transfer their criminal record
				  clearance or exemption pursuant to Section
				  80019(e) or Section
				  80019.1(f).
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101171 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All child
				  care centers shall secure and maintain a fire clearance approved by the city or
				  county fire department, the district providing fire protection services, or the
				  State Fire Marshal.
(1) The request for fire
				  clearance shall be made through and maintained by the
				  Department.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101172 - Water Supply Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All child
				  care centers where water for human consumption is from a private source shall meet
				  the following requirements:
(1) As a condition of
				  initial licensure, the applicant shall provide evidence of an onsite inspection of
				  the source of the water and a bacteriological analysis that establishes the safety
				  of the water. The inspection and the bacteriological analysis shall be conducted by
				  the local health department, the California Department of Health Services or a
				  licensed commercial laboratory.
(2)
				  Subsequent to initial licensure, the licensee shall provide evidence of a
				  bacteriological analysis of the private water supply as frequently as is necessary
				  to ensure the safety of the children, but no less frequently than specified in the
				  following table:
LICENSED
								CAPACITY
ANALYSIS
								REQUIRED
PERIODIC SUBSEQUENT
								ANALYSIS
6 or fewer
Initial licensing
Not required
							 unless evidence supports the need for such analysis to protect children.
7 through 15
Initial
							 licensing
Annually
16 through 24
Initial
							 licensing
Semiannually
25 or more
Initial
							 licensing
Quarterly
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101173 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  licensee shall have and keep on file a current written, definitive plan of
				  operation. A copy of the plan shall be submitted to the Department with the license
				  application.
(b) The plan and related
				  materials shall contain the following:
(1)
				  Statement of purposes, and program methods and goals.
(2) Statement of admission policies and
				  procedures.
(3) A copy of the admission
				  agreement.
(4) Administrative
				  organization, if applicable.
(5)
				  Staffing plan, qualifications and duties, if applicable.
(6) Plan for in-service education of staff if
				  required by regulations governing the specific child care center category.
(7) A sketch of the building(s) to be occupied,
				  including a floor plan that describes the capacities of the buildings and the uses
				  intended, the room dimensions, and the rooms to be used for nonambulatory children;
				  and a sketch of the grounds that shows buildings, driveways, fences, storage areas,
				  pools, gardens, recreation areas and other space used by the children. All sketches
				  shall show dimensions.
(8) Sample menus
				  and a schedule for one calendar week indicating the time of day that meals and
				  snacks are to be served.
(9)
				  Transportation arrangements provided by the applicant/licensee for children who do
				  not have independent arrangements.
(10)
				  Rate-setting policy including, but not limited to, a policy on refunds.
(11) Consultant and community resources to be
				  utilized by the child care center as part of its program.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101174 - Disaster and Mass Casualty Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  licensee shall have a disaster and mass casualty plan of action. The plan shall be
				  in writing and shall be readily available.
(b) The plan shall be subject to review by the
				  Department and shall include:
(1) Designation of
				  administrative authority and staff assignments.
(2) Contingency plans for action during fires,
				  floods and earthquakes including, but not limited to, the following:
(A) Fire safety plan.
(B) Means of exiting.
(C) Transportation arrangements.
(D) Relocation sites that are equipped to provide
				  safe temporary accommodations for children.
(E) Supervision of children during evacuation or
				  relocation, and contact after relocation to ensure that relocation has been
				  completed as planned.
(F) Means of
				  contacting local agencies, including but not limited to the fire department, law
				  enforcement agencies, and civil defense and other disaster
				  authorities.
(3) Any special
				  methods and procedures necessary for the evacuation and relocation of nonambulatory
				  children.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101175 - Waivers and Exceptions for Program Flexibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless the licensee receives prior written
				  departmental approval for a waiver or an exception as specified in (b) below, the
				  licensee shall maintain continuous compliance with all licensing
				  regulations.
(b) The Department has the
				  authority to approve the use of alternate concepts, programs, services, procedures,
				  techniques, equipment, space, personnel qualifications or staffing ratios, or the
				  conduct of experimental or demonstration projects, under the following
				  circumstances:
(1) Such alternatives shall be
				  carried out with provisions for safe and adequate services, and shall in no instance
				  be detrimental to the health and safety of any child in care.
(2) The applicant or licensee shall submit to the
				  Department a written request for a waiver or an exception and substantiating
				  evidence supporting the request.
(3)
				  Within 30 days of the receipt of a request for a waiver or an exception, the
				  Department shall notify the applicant or licensee in writing of the approval or
				  denial of the request, or of the need for additional information to substantiate the
				  request.
(A) The licensee shall maintain and make
				  available for review, at the child care center, a copy of the written approval or
				  denial.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101178 - Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  applicant has not submitted all materials specified in Section
				  101169 within 90 days of the
				  Department's receipt of the application, the Department shall notify the applicant
				  in writing that the application is incomplete. This notice shall describe the
				  materials that the applicant must submit to complete the application.
(1) If the applicant does not complete the
				  application within 30 days after such notice, the application shall be deemed
				  withdrawn provided that the Department has not denied or taken action to deny the
				  application.
(A) The above requirement shall not
				  apply to child care centers under construction.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101179 - Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  license shall be issued for a specific capacity, which shall be the maximum number
				  of children that can be cared for at any given time. The Department may issue a
				  license for fewer children than requested.
(b) The number of children for which the child
				  care center is licensed to provide care and supervision shall be determined on the
				  basis of the Department's application review, which shall take into consideration
				  the following:
(1) The fire clearance specified in
				  Section 101171.
(2) The licensee's/administrator's ability to
				  comply with applicable laws and regulations.
(3) Physical features of the child care center,
				  including available space, that are necessary to comply with this chapter.
(4) Number of available staff to meet the care and
				  supervision needs of the children.
(5)
				  Any restrictions pertaining to the specific category of child care
				  center.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101180 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant may withdraw an application for a license. The withdrawal of the
				  application shall be in writing.
(1) The fee for
				  processing the application shall be forfeited.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101181 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department has the authority to issue a provisional license pursuant to Health and
				  Safety Code Sections
				  1596.84
				  and
				  1596.96
				  provided the child care center is in substantial compliance with applicable laws and
				  regulations, as defined in Section
				  101152 s.(4), and has submitted a
				  completed application as specified in Section
				  101152 c.(8).
(b) The Department shall not issue a provisional
				  license if a corporate applicant's board of directors, executive director and
				  officer are ineligible for licensure, as specified in Health and Safety Code Section
				  1596.952(b).
(c) The Department has the authority to issue a
				  provisional license for a maximum of 90 days to otherwise qualified applicants who
				  are not in compliance with the requirements for health and safety training as
				  specified in Health and Safety Code Section
				  1596.866.
(d) During the provisional license period, if the
				  Department discovers any deficiencies that threaten the physical health, mental
				  health, safety or welfare of the children, the Department has the authority to
				  institute administrative action or civil proceedings, or to refer the case for
				  criminal prosecution.
(e) A provisional
				  license terminates on the date specified on the provisional license or upon denial
				  of the application, whichever is earlier.
(1)
				  Health and Safety Code Section
				  1596.84
				  specified how long and under what circumstances a provisional license may
				  last.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101182 - Issuance/Term of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall issue a license to an applicant in accordance with the provisions
				  of Health and Safety Code Section
				  1597.13
				  after a completed application has been compiled and upon determination that all
				  licensing requirements have been met for all approved program age components,
				  including mildly ill children, if applicable.
(2)
				  If all requirements are met, a single license child care center license may be
				  issued to serve identified program components.
(A)
				  A single license child care center licensee shall comply with all applicable child
				  care regulations, including requirements for each program
				  component.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101184 - Application for Renewal of a License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 9-14-98; operative 11-1-98 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73,
						1596.81
						and
						1596.95,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101185 - Submission of New Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall file a new Application Booklet (LIC 281A [12/96]) and supporting
				  documents as specified in Section
				  101169 whenever there is a proposed
				  change of any of the following types:
(1) Child
				  care center programs specifying children to be served, such as infant, toddler,
				  preschool, or school-age age components, including mildly ill children, if
				  applicable.
(A) Notwithstanding (a) and (a)(1)
				  above, a licensee wishing to add an age component to their existing child care
				  program shall submit an amended application as specified in Section
				  101169(a)(1)(A).
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101186 - Conditions for Forfeiture of a Child Care Center License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conditions for forfeiture of a child care
				  center license shall be as specified in Health and Safety Code Section
				  1596.858.
(2) "Licensee abandons the facility [child care
				  center]" shall mean either of the following:
(A)
				  The licensee informs the Department that the licensee no longer accepts
				  responsibility for the child care center; or
(B) The Department is unable to determine the
				  licensee's whereabouts after the following:
1. The
				  Department requests information about the licensee's whereabouts from the child care
				  center staff, if any staff can be contacted; and
2. The Department has made at least one phone call
				  per day to the licensee's last telephone number of record for five consecutive
				  workdays with no response; and
3. The
				  Department has sent a certified letter requesting the licensee to contact the
				  Department to the licensee's last mailing address of record with no response within
				  seven calendar days.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101187 - Licensing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant or
				  licensee shall be charged fees as specified in Health and Safety Code Section
				  1596.803.
(b) When a licensee moves a child care center from
				  one location to another, the relocation fee shall be as specified in Health and
				  Safety Code Section
				  1596.803(b)(1)(A).
(1) To qualify for the relocation fee, the
				  following shall apply:
(A) The licensee has
				  notified the Department before actually relocating the child care center.
(B) The child care center licensing category
				  remains the same.
(C) The fee is based
				  on the capacity requested for the new location.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101191 - Denial of Initial License. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect (Register 86, No. 29).
2. Amendment of subsection (a)
					 filed 2-5-88; operative 3-6-88 (Register 88, No. 8).
3. Amendment of
					 subsection (a) filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
4.
					 Editorial correction of printing error restoring subsection (a)(1) (Register 91, No.
					 32).
5. Editorial correction of subsection (a)(1) (Register 95, No.
					 44).
6. Renumbering of former article 4 to article 5 and renumbering of
					 former section 101191 to section
					 101205 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.81,
						1596.856,
						1596.95
						and
						1597.05,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101192 - Denial of a Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect (Register 86, No. 29).
2. Change without regulatory
					 effect amending lettering and correcting cross-references filed 5-28-91 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 91, No. 28).
3. Renumbering of former article 5 to
					 article 4 and repealer of section filed 9-14-98; operative 11-1-98 (Register 98, No.
					 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.81(b),
						1596.856,
						1596.95
						and
						1597.05,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101193 - Deficiencies in Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  during a licensing evaluation the evaluator determines that a deficiency exists, the
				  evaluator shall issue a notice of deficiency unless the deficiency is not serious
				  and is corrected during the visit.
(b)
				  Prior to completion of an evaluation or other licensing visit, the person in charge
				  of the child care center shall meet with the evaluator to discuss any deficiencies
				  noted, to jointly develop a plan for correcting each deficiency, and to acknowledge
				  receipt of the notice of deficiency.
(c)
				  The evaluator shall, at the completion of the visit, personally deliver the notice
				  of deficiency to the licensee or the person in charge of the child care center. If
				  the licensee is not present, the evaluator shall also mail a copy of the notice to
				  the licensee.
(1) If the person in charge of the
				  child care center refuses to accept the notice, the evaluator shall make a note of
				  the refusal on the notice and leave a copy of the notice at the center. The
				  evaluator shall also mail a copy of the notice to the licensee.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101194 - Follow-up Visits to Determine Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A follow-up visit shall be conducted to determine compliance with the plan of
				  correction specified in the notice of deficiency.
(1) A follow-up visit shall be conducted within 10
				  working days following the date(s) of correction specified in the notice of
				  deficiency unless the licensee has demonstrated that the deficiency was corrected as
				  required.
(2) No penalty shall be
				  assessed unless a follow-up visit is conducted.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101195 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of $50 per
				  day, per cited violation, shall be assessed for serious deficiencies that are not
				  corrected by the date specified in the notice of deficiency, up to a maximum of $150
				  per day.
(b) Notwithstanding Section
				  101195(a) above, an
				  immediate penalty of $100 per cited violation per day for a maximum of five (5) days
				  shall be assessed if any individual required to be fingerprinted under Health and
				  Safety Code Section
				  1596.871(b)
				  has not obtained a California clearance or criminal record exemption, requested a
				  transfer of a criminal record clearance or requested and be approved for a transfer
				  of an exemption as specified in Section
				  101170(e) prior to
				  working, residing or volunteering in the facility.
(1) Subsequent violations within a twelve (12)
				  month period will result in a civil penalty of one hundred dollars ($100) per
				  violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties for
				  continued violations as permitted by Health and Safety Code Section
				  1596.99.
(3) Progressive civil penalties specified in
				  Sections 101195(d) and (e)
				  below shall not apply.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101196 - Review of Licensing Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				  may request a review of a licensing decision against him/her within 10 working days
				  of receipt of the written decision unless an administrative action pursuant to the
				  California Administrative Procedure Act has commenced against the person.
(1) "Licensing decision" means a decision that
				  applies to notices of deficiency, civil penalties, and waivers and
				  exceptions.
(2) If the review is of a
				  deficiency that has not been corrected, civil penalties continue to accrue during
				  the review process.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101197 - Exemption from Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil
				  penalties shall not be assessed against any governmental entity, including a state
				  or city, holding a child care center license.
1. Renumbering
					 and amendment of former section
					 101207 to new section
					 101197 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73
						and
						1596.81,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101198 - Unlicensed Facility Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of
				  $200 per day shall be assessed for the operation of an unlicensed child care center
				  under either of the following conditions:
(1) The
				  operator has not submitted a completed application for licensure within 15 calendar
				  days of issuance of a Notice of Operation in Violation of Law pursuant to Section
				  101157, and continues to operate.
(A) For purposes of this section, an application
				  is deemed completed if it includes the information required in Section
				  101169.
(B) The completed application is deemed to be
				  submitted when received by the Department.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101198.1 - Denial or Revocation of License for Failure to Pay Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall
				  be responsible for paying civil penalties.
(1)
				  Unless otherwise provided, the transfer, surrender, forfeiture or revocation of a
				  license shall not affect the licensee's responsibility for paying any civil
				  penalties accrued while the license was in effect.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101200 - Inspection Authority of the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department has the inspection authority specified in Health and Safety Code Sections
				  1596.852,
				  1596.853
				  and
				  1596.8535.
(b) The Department has the authority to interview
				  children or staff without prior consent.
(1) The
				  licensee shall ensure that provisions are made for private interviews with any
				  children or staff members.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101201 - Evaluation Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Child care
				  centers shall be evaluated as specified in Health and Safety Code Sections
				  1569.8535(a)
				  [as referenced in Section
				  101200(a)], 1596.98,
				  1596.99, 1597.08 and 1597.09.
(b) The
				  Department has the authority to make any number of other visits to a child care
				  center in order to determine compliance with applicable laws and
				  regulations.
1. Renumbering
					 and amendment of former section
					 101196 to new section
					 101201 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
2. Editorial correction of section and NOTE
					 (Register 2002, No. 39).
3. Amendment of subsection (a) and NOTE filed
					 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.81(b),
						1596.98,
						1596.99,
						1597.08,
						1597.09
						and
						1596.852,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101202 - Serious Deficiencies. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering of
					 former article 5 to article 4 and repealer of section filed 9-14-98; operative
					 11-1-98 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73,
						1596.81,
						1596.852,
						1596.853
						and
						1596.98,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101203 - Deficiencies in Compliance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect (Register 86, No. 29).
2. Amendment of subsections (c)
					 and (d) filed 12-21-90; operative 1-20-91 (Register 91, No. 7).
3.
					 Editorial correction of printing error (Register 91, No. 17).
4.
					 Renumbering of former section
					 101203 to section
					 101193 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
Note: Authority cited: Sections
						1596.81
						and
						1596.99,
						Health and Safety Code. Reference: Sections
						1596.81(b),
						1596.98
						and
						1596.99,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 4 - Enforcement Provisions › Section 101204 - Follow-up Visits to Determine Compliance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment of
					 subsection (d) filed 12-21-90; operative 1-20-91 (Register 91, No. 7).
2.
					 Editorial correction of printing error (Register 91, No. 17).
4.
					 Renumbering of former section
					 101204 to section
					 101194 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
Note: Authority cited: Sections
						1596.81
						and
						1596.99,
						Health and Safety Code. Reference: Sections
						1596.852,
						1596.853,
						1596.98
						and
						1596.99,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 5 - Administrative Actions › Section 101205 - Denial of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  specified in Section
				  101181, which provides for issuance of
				  a provisional license based upon substantial compliance, the Department shall deny
				  an application for a license if the applicant is not in compliance with applicable
				  laws and regulations. The Department shall issue the denial in accordance with
				  Health and Safety Code Section
				  1597.11,
(1) The Department shall deny an application if
				  the applicant fails to pay any civil penalty assessments, unless payment
				  arrangements acceptable to the Department have been made.
(2) The Department may deny an application for
				  licensure or revoke a license if the applicant/licensee, staff and/or volunteers
				  violate Health and Safety Code Section
				  1596.885.
(3) The Department shall deny an application for
				  licensure for grounds specified in Health and Safety Code Section
				  1596.952(b).
(4) An application shall not be denied solely
				  because the applicant is a parent who has administered or will continue to
				  administer corporal punishment not constituting child abuse, as defined in Penal
				  Code Section
				  11165(g)
				  or Health and Safety Code Section
				  1531.5(c),
				  on his/her own child(ren).
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 5 - Administrative Actions › Section 101206 - Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department has the authority to suspend or revoke a license on any of the
				  grounds specified in Health and Safety Code Section
				  1596.885.
(b) The Department has the authority to revoke a
				  license pursuant to Health and Safety Code Section
				  1596.866,
				  which requires child care personnel as specified to complete health and safety
				  training.
(c) Proceedings to hear a
				  revocation action, or a revocation and temporary suspension action, shall be
				  conducted pursuant to Health and Safety Code Sections
				  1596.886
				  and
				  1596.887.
1. Renumbering of
					 former section 101206 to section
					 101196 and renumbering and amendment of
					 section and NOTE of former section
					 101193 to section
					 101206 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.81(b),
						1596.866,
						1596.885
						and
						1596.886,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 5 - Administrative Actions › Section 101207 - Licensee/Applicant Complaints. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect (Register 86, No. 29).
2. Renumbering of former section
					 101207 to new section
					 101197 and renumbering of former
					 section 10194 to section
					 10207 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73
						and
						1596.81,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 5 - Administrative Actions › Section 101208 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may
				  prohibit an individual from serving as a member of the board of directors, executive
				  director, or officer; being employed or allowed in a licensed facility, as specified
				  in Health and Safety Code Sections
				  1596.8897
				  and
				  1596.8898.
1. New section
					 filed 10-4-2000; operative 11-3-2000 (Register 2000, No.
					 40).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.8897
						and
						1596.8898,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 5 - Administrative Actions › Section 101209 - Unlicensed Facility Penalties. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
2. Renumbering of
					 former section 101209 to new section
					 101198 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.80,
						1596.891
						and
						1596.892,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 5 - Administrative Actions › Section 101210 - Unlicensed Facility Administrative Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
2. Repealer filed
					 9-14-98; operative 11-1-98 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.80,
						1596.891
						and
						1596.893,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101212 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  licensee or applicant shall furnish to the Department reports as required by the
				  Department including, but not limited to, the following:
(b) The name of the child care center director,
				  and any fully qualified teacher(s) designated to act in the child care center
				  director's absence, shall be reported to the Department within 10 days of a change
				  of child care center director or designee(s).
(1)
				  Whenever a change in child care center director is reported, in addition to his/her
				  name, the report shall include the following:
(A)
				  Verification of the completion of the course work required in Section
				  101215.1(h). A
				  photocopy of a college transcript, or a photocopy of a Child Development Site
				  Supervisor Permit or a Child Development Program Director Permit, shall meet this
				  requirement.
(B) Verification of
				  successful completion of high school. A photocopy of a high school diploma or GED
				  shall meet this requirement.
(C) A
				  summary of the experience required in Section
				  101215.1(h).
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101213 - Finances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall
				  meet the following financial requirements:
(1)
				  Develop and maintain a financial plan that ensures resources necessary to meet
				  operating costs for the care and supervision of children.
(2) Maintain financial records.
(3) Submit financial reports to the Department
				  when requested to do so by the Department in writing.
(A) The Department's request shall explain the
				  need for the disclosure and shall include a due date for the licensee to submit the
				  requested information.
(B) The
				  Department has the authority to reject any financial report, and to request and
				  examine additional information including interim financial statements. The
				  Department will put its reason(s) for rejecting a report in
				  writing.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101214 - Accountability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee,
				  whether an individual or other entity, is accountable for the general supervision of
				  the licensed child care center and for the establishment of policies concerning its
				  operation.
(1) If the licensee is a corporation,
				  the governing body shall be active and functioning in order to ensure such
				  accountability.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101215 - Administrator Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The administrator must be at least 18 years of
				  age. The licensee, if an individual or any member of the governing board of the
				  licensed corporation, may be the administrator provided that he/she meets the
				  qualifications specified in this section and in applicable regulations elsewhere in
				  this chapter.
(b) The administrator
				  shall have the following qualifications:
(1)
				  Knowledge of the requirements for providing the type of care and supervision
				  children need, and the ability to communicate with such children.
(2) Knowledge of and ability to comply with
				  applicable laws and regulations.
(3)
				  Ability to maintain or supervise the maintenance of financial and other
				  records.
(4) Ability to establish the
				  center's policy, program and budget.
(5)
				  Ability to recruit, employ, train, direct and evaluate qualified staff, and to
				  terminate employment of staff.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101215.1 - Child Care Center Director Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
				  101215, the following shall
				  apply:
(b) Each combination center and
				  each single license center shall have at least one director.
(1) Only one director shall be required in a
				  combination center.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101216 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Child
				  care center personnel shall be competent to provide the services necessary to meet
				  the individual needs of children in care and shall at all times be employed in
				  numbers sufficient to meet those needs.
(b) The Department has the authority to require
				  any licensee to provide additional staff whenever the Department determines and
				  documents that additional staff are required for the provision of services necessary
				  to meet the needs of children in care. The licensee shall be informed in writing of
				  the reasons for the Department's determination. The following factors shall be taken
				  into consideration in determining the need for additional staff:
(1) Needs of the children.
(2) Extent of the services provided by the
				  center.
(3) Physical arrangements of the
				  center.
(4) Existence of a state of
				  emergency or disaster.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101216.1 - Teacher Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
				  101216, the following shall
				  apply:
(b) Prior to employment, a
				  teacher shall meet the requirements of (b)(1) or (b)(2) below:
(1) A teacher shall have completed, with passing
				  grades, at least six postsecondary semester or equivalent quarter units of the
				  education requirement specified in (c)(1) below; or shall have obtained a Child
				  Development Assistant Permit issued by the California Commission on Teacher
				  Credentialing.
(A) After employment, a teacher
				  hired under (b) above shall complete, with passing grades, at least two units each
				  semester or quarter until the education requirement specified in (c)(1) below is
				  met.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101216.2 - Teacher Aide Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
				  101216, the following shall
				  apply:
(b) Notwithstanding Section
				  101216(d), centers may
				  use aides who are less than 18 years old provided they are either:
(1) High school graduates.
(2) Currently participating in an occupational
				  program conducted by an accredited high school or college.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 6 - Continuing Requirements › Section 101216.3 - Teacher-Child Ratio

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be a
				  ratio of one teacher visually observing and supervising no more than 12 children in
				  attendance, except as specified in (b) and (c) below.
(1) The number of children in attendance shall not
				  exceed licensed capacity.
(2) Whenever
				  children are engaged in activities away from the center, no teacher shall be in
				  charge of a group of more than 12 children.