reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 4 - Enforcement Provisions › Section 102392 - Site Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Site visits
				  to family child care homes shall be conducted as specified in Health and Safety Code
				  Sections
				  1596.8535(a)
				  [as referenced in Section
				  102391(b)] and
				  1597.55a.
1. Renumbering of
					 former section 102396 to new section
					 102392, including amendment of section
					 and NOTE, filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
2.
					 Repealer and new section and amendment of 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),
						1596.852,
						1597.55a
						and
						1597.55b,
						Health and Safety Code; and Section
						18285.5,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 4 - Enforcement Provisions › Section 102393 - 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 facility 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
				  102357, and continues to operate.
(A) For purposes of this section, an application
				  shall be deemed completed if it includes the information required in Section
				  102369.
(B) The completed application shall be deemed to
				  be submitted when received by the licensing agency.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 4 - Enforcement Provisions › Section 102394 - Unlicensed Facility Administrative Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An unlicensed facility operator or his/her representative shall have the right to
				  appeal the penalty assessment within 10 working days after service of the penalty
				  assessments.
(1) If the unlicensed facility
				  operation has not ceased, the $200 per day penalty shall continue to accrue during
				  the appeal process.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 4 - Enforcement Provisions › Section 102395 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An immediate penalty
				  of $100 per cited violation per day for a maximum of five (5) days shall be assessed
				  for the following:
(1) Failure to obtain a
				  California clearance or criminal record exemption, request a transfer of a criminal
				  record clearance or request and be approved for a transfer of an exemption as
				  specified in Section
				  102370(d) for any
				  individual required to be fingerprinted under Health and Safety Code Section
				  1596.871
				  prior to allowing the individual to work, reside or volunteer in the facility.
(A) 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.
(B) The Department may assess civil penalties for
				  continued violations as permitted by Health and Safety Code Section
				  1596.99.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 4 - Enforcement Provisions › Section 102396 - Site Visits

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 subsection (a) and adopting subsections (a)(1)-(a)(5)(B) filed
					 5-7-92 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 92, No. 20).
3. Renumbering of section
					 102396 to section
					 102392 filed 10-6-97; operative 11-5-97
					 (Register 97, No. 41).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.81(b),
						1596.852,
						1597.55
						and
						1597.62(d),
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 5 - Administrative Actions › Section 102401 - Denial of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
				  requirements for licensure are not met, the Department shall deny the application
				  within 30 days after receipt of a completed application.
(b) The Department shall have the authority to
				  deny an application for initial license, if the applicant has failed to pay any
				  civil penalty assessments pursuant to Section
				  102393, and in accordance with a final
				  judgment issued by a court of competent jurisdiction, unless payment arrangements
				  acceptable to the Department have been made.
(c) Immediately upon the denial of any application
				  for a license, the Department shall notify the applicant in writing. Within 15 days
				  after the Department mails the notice, the applicant may present his or her written
				  petition for a hearing to the Department. Upon receipt by the Department of the
				  petition, the petition shall be set for hearing. The hearing shall be conducted in
				  accordance with Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of Title
				  2 of the Government Code.
(d) An
				  application for licensure shall not be denied solely on the basis that the applicant
				  is a parent who has administered or will continue to administer corporal punishment,
				  not constituting child abuse, on his/her own child(ren).
(1) For the purposes of Section
				  102401(d), child abuse
				  means a situation in which a child suffers from one or more of the following:
(A) Physical injury which is inflicted by other
				  than accidental means on a child by another person.
(B) Sexual assault of a child or any act or
				  omission described in Sections
				  102370(c)(4) and
				  (5).
(C) Neglect of a child or abuse in out-of-home
				  care.
(D) Serious physical injury
				  inflicted upon the child by other than accidental means.
(E) Harm by reason of intentional neglect or
				  malnutrition or sexual abuse.
(F) Going
				  without necessary and basic physical care.
(G) Willful mental injury, negligent treatment, or
				  maltreatment of a child under the age of 18 by a person who is responsible for the
				  child's welfare under circumstances which indicate that the child's health or
				  welfare is harmed or threatened thereby, as determined in accordance with
				  regulations prescribed by the Director of Social Services.
(H) Any condition which results in the violation
				  of the rights or physical, mental, or moral welfare of a child or jeopardizes the
				  child's present or future health, opportunity for normal development, or capacity
				  for independence.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 5 - Administrative Actions › Section 102402 - Revocation or Suspension of a License or Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority to
				  suspend or revoke any license for the following reasons:
(1) Violation by the licensee of any of the laws,
				  rules and regulations governing family child care homes.
(2) Aiding, abetting, or permitting the violation
				  of any of the laws, rules, and regulations governing family child care
				  homes.
(3) Conduct in the operation of
				  maintenance of a family day care home which is inimical to the health, morals,
				  welfare, or safety of either an individual in or receiving services from the
				  facility or the people of the State of California.
(4) The conviction of a licensee, or other person
				  specified in Section
				  102369(b)(8), as any
				  time during licensure, of a crime as defined in Sections
				  102370(b) and
				  (c).
(5) Failure to comply with the requirements for
				  training in preventive health practices, including pediatric cardiopulmonary
				  resuscitation and pediatric first aid, as specified in Health and Safety Code
				  Section
				  1596.866.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 5 - Administrative Actions › Section 102402.1 - 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 3 - Family Day Care Homes for Children › Article 5 - Administrative Actions › Section 102403 - Licensee Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  licensee shall have the right, without prejudice or risk of discriminatory treatment
				  by the Department, to bring to the attention of the Department any action or
				  behavior by the departmental representative that he/she believes is a wrongful
				  application of these regulations, or capricious enforcement of them.
(b) The licensee shall have the right to complain
				  to the Department regarding a review of any disputed issues.
1. New section
					 filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
2. Renumbering of
					 former section 102403 to new section
					 102394, and renumbering and amendment
					 of former section
					 102394 to new section
					 102403 filed 10-6-97; operative 11-5-97
					 (Register 97, No. 41).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.81(b)
						and
						1597.56,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102416 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall provide each employee with a copy of the Notice of Employee Rights
				  (LIC 9052 (4/88)) form furnished by the Department.
(1) Each employee shall be requested to sign and
				  date the notice form acknowledging receipt.
(2) A copy of the signed notice form shall be
				  retained in the employee's personnel record.
(3) If the employee refuses to sign the notice
				  form, a dated notation to that effect shall be retained in the employee's personnel
				  record.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102416.1 - Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Personnel
				  records shall be maintained on each employee and shall contain the following
				  information:
(1) Employee's full name.
(2) Driver's license number if the employee is to
				  transport children.
(3) Date of
				  employment.
(4) Date of birth.
(5) Current home address and phone
				  number.
(6) Documentation of completion
				  of training on preventative health practices as required by Section
				  102416(c).
(7) Past experience, including types of employment
				  and former employers.
(8) Duties of the
				  employee.
(9) Termination date if no
				  longer employed.
(10) A signed and dated
				  copy of the Notice of Employee Rights [LIC 9052, (Rev. 03/03)] as required by
				  Section 102416(a) and Section
				  102417.
(11) A signed statement regarding their criminal
				  record history as required by Section
				  102370(c).
(12) Documentation of either a criminal record
				  clearance or a criminal record exemption as required by Section
				  102370(d).
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102416.2 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall report the following information to the Department by telephone or
				  fax within the Department's next business day and during normal working hours (8am
				  to 5pm).
(1) If the applicant or licensee operates
				  a foster family home as defined in Health and Safety Code Section
				  1502(a)(5)
				  or a certified family home as defined in Health and Safety Code Section
				  1506(d).
(2) Any change in household composition including
				  adults moving in or out of the home and anyone living in the home who reaches his or
				  her 18th birthday.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102416.3 - Alterations to Existing Building or Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to making alterations or additions to a
				  family child care home or grounds, the licensee shall notify the Department of the
				  proposed changes, including, but not limited to, the following:
(1) Conversion of a garage (either attached or
				  detached) into a "child care" room.
(2)
				  Room additions to the family child care home.
(3) Installation of in-ground or above-ground
				  swimming pools, spas, fish ponds, decorative water feature, fountains or other
				  bodies of water.
(4) Construction of
				  exterior decks or porches.
(5)
				  Construction of play equipment including swing sets/climbing structures.
(6) Any change from an area of the family child
				  care home previously identified as "off limits" to an area where care and
				  supervision will be provided to children in care.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102416.5 - Staffing Ratio and Capacity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The capacity
				  specified on the license shall be the maximum number of children for whom care may
				  be provided at any one time.
(b) For a
				  Small Family Child Care Home, the maximum number of children for whom care may be
				  provided at any one time, including children under age 10 who reside at the
				  licensee's home, shall be one of the following:
(1)
				  Four infants; or
(2) Six children, no
				  more than three of whom may be infants; or
(3) More than six and up to eight children,
				  without an additional adult attendant, only if the criteria in Section
				  1597.44
				  of the Health and Safety Code are met.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102417 - Operation of a Family Child Care Home

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The licensee shall be present in the home and shall ensure that children in care are
				  supervised at all times. When circumstances require the licensee to be temporarily
				  absent from the home, the licensee shall arrange for a substitute adult to care for
				  and supervise the children during his/her absence. Temporary absences shall not
				  exceed 20 percent of the hours that the facility is providing care per
				  day.
(b) The home shall be kept clean
				  and orderly, with heating and ventilation for safety and comfort.
(c) The home shall maintain telephone
				  service.
(d) The home shall provide safe
				  toys, play equipment and materials.
(1) Fixtures,
				  furniture, and equipment that have been banned or recalled by the United States
				  Consumer Product Safety Commission shall not be used for children in care or
				  accessible to children in care.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102418 - Immunizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to admission
				  to a family day care home, children shall be immunized against diseases as required
				  by the California Code of Regulations, Title 17, beginning with Section
				  6000.
(e) The licensee shall be permitted to exempt a
				  child from this requirement provided that one of the following requirements is met
				  and the documentation is kept in the child's file:
(1) A physician provides a written statement that
				  an immunization(s) should not be given to the child and specified how long this
				  exemption is expected to be needed.
(2)
				  The parents or guardians sign and date the back of the California School
				  Immunization Record, PM 286 (6/95), which is also used for family day care homes,
				  under the "Personal Beliefs Affidavit."
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102419 - Admission Procedures and Parental and Authorized Representative's Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall
				  inform parents or authorized representatives of children in care of their rights,
				  which include, but are not limited to, the following:
(1) To enter and inspect the family child care
				  home in accordance with Health and Safety Code Section
				  1596.857.
(2) To file a complaint against the licensee with
				  the local licensing office in accordance with Health and Safety Code Section
				  1596.853.
(3) To review the family child care home's public
				  file kept by the local licensing office in accordance with Health and Safety Code
				  Section
				  1596.859.
(4) To review at the family child care home,
				  reports of licensing visits and substantiated complaints against the licensee made
				  during the last three years in accordance with Health and Safety Code Section
				  1596.859.
(5) To complain to the local licensing office and
				  inspect the family child care home without discrimination or retaliation in
				  accordance with Health and Safety Code Section
				  1596.857.
(6) To request in writing that a parent not be
				  allowed to visit a child or take a child from the family child care home, provided
				  the custodial parent has shown a certified copy of a court order pursuant to Health
				  and Safety Code Section
				  1596.857.
(7) To receive from the licensee the name, address
				  and telephone number of the local licensing office in accordance with Section
				  1596.874.
(8) To be informed by the licensee, upon request,
				  of the name and type of association to the family child care home for any adult who
				  has been granted a criminal record exemption, and that the name of the person may
				  also be obtained by contacting the local licensing office.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102421 - Child's Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall maintain, in each child's record, the signed and dated notice form required in
				  Section 102419(d).
(1) The licensee shall keep the signed and dated
				  notice form for at least three years following termination of service to the
				  child.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102423 - Personal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each child
				  receiving services from a family child care home shall have certain rights that
				  shall not be waived or abridged by the licensee regardless of consent or
				  authorization from the child's authorized representative. These rights include, but
				  are not limited to, the following:
(1) To be
				  treated with dignity in his/her personal relationship with staff and other
				  persons.
(2) To receive safe, healthful,
				  and comfortable accommodations, furnishings, and equipment.
(3) To have parents or guardians informed by the
				  licensee of the provisions of the law regarding complaints and the procedures for
				  registering complaints confidentially, including, but not limited to the address and
				  telephone number of the licensing agency's complaint unit.
(4) To be free from corporal or unusual
				  punishment, infliction of pain, humiliation, intimidation, ridicule, coercion,
				  threat, mental abuse, or other actions of a punitive nature, including but not
				  limited to: interference with eating, sleeping or toileting; or withholding shelter,
				  clothing, medication or aids to physical functioning.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102424 - Smoking Prohibition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Smoking
				  is prohibited on the premises of a family child care home as specified in Health and
				  Safety Code Section
				  1596.795(a).
1. New section
					 filed 10-6-97; operative 11-5-97 (Register 97, No.
					 41).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Section
						1596.795(a),
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102425 - Infant Safe Sleep

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be
				  one crib or play yard for each infant who is unable to climb out of the crib or play
				  yard.
(1) All cribs or play yards shall meet the
				  United States Consumer Product Safety Commission safety standards.
(2) Placement of cribs or play yards shall not
				  hinder entrance or exit to and from the space where infants are sleeping.
(3) Mattresses shall be firm and covered with a
				  fitted sheet that is appropriate to the mattress size, fits tightly on the mattress,
				  and overlaps the underside of the mattress so it cannot be dislodged.
(4) Mattresses shall be made specifically for the
				  size crib or play yard in which they are placed.
(5) Fitted sheets shall be replaced when wet or
				  soiled.
(6) Each infant's bedding shall
				  be used for him/her only. Bedding that touches the infant's skin shall be cleaned at
				  least weekly or before use by another infant.
(7) Soiled bedding shall be placed in a closed
				  container and made inaccessible to infants until washed.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 6 - Continuing Requirements › Section 102426 - Overnight Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To provide
				  overnight care, the provider shall meet the following requirements:
(1) The provider shall remain awake whenever
				  children in care are awake.
(2) The door
				  to the room where the provider is sleeping as well as the door to the room where the
				  children in care are sleeping shall remain open.
(3) If the sleeping arrangements are not situated
				  in such a way that the provider can be assured of hearing a child in care wake up, a
				  digital video and audio monitoring device shall be used.
(A) The monitoring device shall be maintained in
				  good working order at all times.
(4) Clean bedding and nightclothes shall be
				  available to children in care.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110000 - Meaning of Words

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Words shall have their usual meaning unless the context or a
						definition clearly indicates a different meaning. Shall means mandatory. May means
						permissive.
1. New division
						13 (chapters 1-12, sections
						110000-120222), chapter 1, subchapter 1
						(articles 1-6, sections
						110000-111543), article 1 (sections
						110000-110661) and section filed
						6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). Pursuant to
						Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
						language will be repealed by operation of law on the following day.
2.
						New division 13 (chapters 1-12, sections
						110000-120222), chapter 1, subchapter 1
						(articles 1-6, sections
						110000-111543), article 1 (sections
						110000-110661) and section refiled
						12-18-2001 as an emergency; operative 12-30-2001 (Register 2001, No. 51). Pursuant
						to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
						filed 7-24-2002 (Register 2002, No. 30).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Sections
						  17306,
						  17310 and
						  17312, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110004 - Abuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Abuse" means any of the following:
(a) Intentionally or recklessly to cause or
					 attempt to cause bodily injury.
(b)
					 Sexual assault.
(c) To place a person in
					 reasonable apprehension of imminent serious bodily injury to that person or to
					 another.
(d) To engage in any behavior
					 that has been or could be enjoined pursuant to Section
					 6320, Family
					 Code.
(e) Battering or subjecting a
					 victim to extreme cruelty, as specified in Section
					 11495.12, Welfare and Institution Code,
					 by:
(1) Physical acts that resulted in, or
					 threatened to result in, physical injury.
(2) Sexual abuse.
(3) Sexual activity involving a child in the
					 home.
(4) Being forced to participate in
					 nonconsensual sexual acts or activities.
(5) Threats of, or attempts at, physical or sexual
					 abuse.
(6) Mental abuse.
(7) Neglect or deprivation of medical
					 care.
(8) Stalking.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110028 - Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Administrative Law Judge" means a person designated by the
						Director to conduct child support state hearings, and who shall have been admitted
						to practice law in California, and shall possess such other qualifications as
						prescribed by the California State Personnel Board.
1. Change
						without regulatory effect renumbering former section
						120001 to new section
						110028 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  17801, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110041 - Applicant. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 9-10-2001 as an emergency pursuant to Family Code section
						17306; operative
						9-10-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted
						to OAL by 3-11-2002 or emergency language will be repealed by operation of law on
						the following day.
2. New section refiled 2-14-2002 as an emergency
						pursuant to Family Code section
						17306(e);
						operative 2-14-2002 (Register 2002, No. 8). A Certificate of Compliance must be
						transmitted to OAL by 8-20-2002 or emergency language will be repealed by operation
						of law on the following day.
3. Editorial correction of HISTORY 2
						(Register 2002, No. 33).
4. Certificate of Compliance as to 2-14-2002
						order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No.
						33).
5. Change without regulatory effect renumbering former section
						110041 to new section
						110056 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: 17306, 17310 and 17312, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110042 - Application. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
						Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
						language will be repealed by operation of law on the following day.
2.
						Amendment filed 9-10-2001 as an emergency pursuant to Family Code section
						17306; operative
						9-10-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted
						to OAL by 3-11-2002 or emergency language will be repealed by operation of law on
						the following day.
3. New section refiled 12-18-2001 as an emergency;
						operative 12-30-2001 (Register 2001, No. 51). Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
						language will be repealed by operation of law on the following day.
4.
						Amendment refiled 2-14-2002 as an emergency pursuant to Family Code section
						17306(e);
						operative 2-14-2002 (Register 2002, No. 8). A Certificate of Compliance must be
						transmitted to OAL by 8-20-2002 or emergency language will be repealed by operation
						of law on the following day.
5. Editorial correction of HISTORY 4
						(Register 2002, No. 33).
6. Certificate of Compliance as to 2-14-2002
						order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No.
						33).
7. Change without regulatory effect renumbering former section
						110042 to new section
						110060 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Sections
						  17212,
						  17406 and
						  17801, Family Code;
						  Section
						  11478.1,
						  Welfare and Institutions Code; and 45 Code of Federal Regulations, Sections
						  302.15,
						  302.33 and
						  303.2.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110046 - Arrears or Arrearage or Arrearages. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
						Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
						No. 51). Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
						filed 7-24-2002 (Register 2002, No. 30).
4. Change without regulatory
						effect renumbering former section
						110046 to new section
						110064 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  17801, Family Code;
						  and Section
						  695.210,
						  Code of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110048 - Alternate Arrangement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Alternate arrangement" means a written agreement approved by
						a court or tribunal between an obligee and obligor that provides for payment of a
						support obligation as ordered other than through the immediate service of an income
						withholding order, and that is signed by the local child support agency with
						jurisdiction over the case when:
(a) Public
					 assistance is being provided and there has been an assignment of support rights to
					 the State.
(b) No public assistance is
					 being provided, but the local child support agency is providing Title IV-D services
					 at the time the alternate arrangement is entered into.
1. Change
						without regulatory effect renumbering former section
						116004 to new section
						110048 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  5260, Family Code;
						  and 45 Code of Federal Regulations, Section
						  303.100(b)(3).
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110056 - Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Applicant" means an individual who submits an application for
						Title IV-D services.
1. Change
						without regulatory effect renumbering former section
						110041 to new section
						110056 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: 17306, 17310 and 17312, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110060 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Application" means a written or electronic document provided
						by a local child support agency in which an individual requests support services and
						which is signed by the individual.
1. Change
						without regulatory effect renumbering former section
						110042 to new section
						110060 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Sections
						  17212,
						  17406 and
						  17801, Family Code;
						  Section
						  11478.1,
						  Welfare and Institutions Code; and 45 Code of Federal Regulations, Sections
						  302.15,
						  302.33 and
						  303.2.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110064 - Arrears or Arrearage or Arrearages

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Arrears" or "arrearage" or "arrearages" means the unpaid
						child support payments for past periods owed by a parent who is obligated to pay by
						court order. The arrears or arrearage or arrearages include interest and are
						adjusted for the amount of any partial satisfactions of the
						judgment.
1. Change
						without regulatory effect renumbering former section
						110046 to new section
						110064 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  17801, Family Code;
						  and Section
						  695.210,
						  Code of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110068 - Assets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Assets" include, but are not limited to, the
						following:
(a) Cash on hand, money in
					 checking or savings account, savings certificates, stocks or bonds.
(b) All other property, real or personal,
					 excluding the applicant's primary residence and one vehicle used for
					 transportation.
1. Change
						without regulatory effect renumbering former section
						119003 to new section
						110068 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  4053,
						  4058,
						  4059 and
						  17550, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110088 - Business Day. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
						Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
						No. 51). Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
						filed 7-24-2002 (Register 2002, No. 30).
4. Change without regulatory
						effect renumbering former section
						110088 to new section
						110100 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Sections
						  17306,
						  17310 and
						  17312, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110092 - Authorized Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Authorized representative" means an individual or a
						representative from an organization that has been authorized by a complainant to act
						on behalf of the complainant in any and all aspects of a state
						hearing.
1. Change
						without regulatory effect renumbering former section
						120002 to new section
						110092 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  17801, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110098 - CalWORKs Recipient. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 9-10-2001 as an emergency pursuant to Family Code section
						17306; operative
						9-10-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted
						to OAL by 3-11-2002 or emergency language will be repealed by operation of law on
						the following day.
2. New section refiled 2-14-2002 as an emergency
						pursuant to Family Code section
						17306(e);
						operative 2-14-2002 (Register 2002, No. 8). A Certificate of Compliance must be
						transmitted to OAL by 8-20-2002 or emergency language will be repealed by operation
						of law on the following day.
3. Editorial correction of HISTORY 2
						(Register 2002, No. 33).
4. Certificate of Compliance as to 2-14-2002
						order transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No.
						33).
5. Change without regulatory effect renumbering former section
						110098 to new section
						110112 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  17402, Family Code;
						  and 45 Code of Federal Regulations, Sections
						  302.33 and
						  303.2.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110099 - Case. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
						Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
						No. 51). Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
						filed 7-24-2002 (Register 2002, No. 30).
4. Change without regulatory
						effect renumbering former section
						110099 to new section
						110116 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Sections
						  17801 and
						  17802, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110100 - Business Day

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Business day" means any day that is not a Saturday, Sunday,
						or holiday as specified in Sections
						6700 and
						6701 of the
						Government Code.
1. Change
						without regulatory effect renumbering former section
						110088 to new section
						110100 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Sections
						  17306,
						  17310 and
						  17312, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 1 - Program Administration › Subchapter 1 - Operations › Article 1 - Definitions › Section 110109 - Case Record. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
						Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
						No. 51). Pursuant to Family Code section
						17306(e)(2),
						a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
						filed 7-24-2002 (Register 2002, No. 30).
4. Change without regulatory
						effect renumbering former section
						110109 to new section
						110124 filed 3-24-2006 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: 45 Code of Federal Regulations, Section
						  303.2.