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 › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 2 - Licensing › Section 101561 - Child Care Center for Mildly Ill Children-Limitations on Capacity and Ambulatory Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition
					 to Section 101161, the following shall
					 apply:
(b) In each combination child
					 care center and each single license child care center with a Level I or Level II
					 component for mildly ill children, facilities and rooms designated for, and used by,
					 mildly ill children shall not be used by children or staff from any other child care
					 center component except as specified in Section
					 101561(b)(1).
(1) When mildly ill children are not being cared
					 for in the Level I or Level II component, staff and children from another child care
					 center component may use facilities and rooms designated for, and used by, the Level
					 I or Level II component if a qualified staff person approves and sanitation
					 procedures as specified in Section
					 101638.1 are followed as determined to
					 be necessary by the qualified staff person.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 3 - Application Procedures › Section 101582 - Child Care Center for Mildly Ill Children-Issuance of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
					 101182, the following shall
					 apply:
(b) Child care centers for mildly
					 ill children shall be issued a separate license unless the center is a component of
					 a single license child care center.
(1) This
					 requirement shall apply even when a child care center for mildly ill children is a
					 Level I or Level II component of a licensed combination 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 › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101615 - Child Care Center for Mildly Ill Children-Director Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
					 Sections 101215,
					 101215.1,
					 101216,
					 101415 and
					 101515, the following shall
					 apply:
(b) The director of a Level I or
					 Level II child care center for mildly ill children shall, prior to employment, meet
					 the requirements of Section
					 101615(b)(1) OR (2).
(1) Complete three postsecondary semester or
					 equivalent quarter units in the identification, transmission, control and care of
					 common childhood illnesses and communicable diseases at an approved or accredited
					 college or university; and, as specified in Health and Safety Code Section
					 1596.866,
					 complete at least 15 hours of health and safety training, including pediatric
					 cardiopulmonary resuscitation and pediatric first aid.
(A) Notwithstanding Health and Safety Code Section
					 1596.866(a),
					 the director shall complete 15 hours of health and safety
					 training.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101616.2 - Child Care Center for Mildly Ill Children-Teacher Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
					 Sections 101216,
					 101216.1,
					 101416.2 and
					 101516.2, the following shall
					 apply:
(b) Notwithstanding Section
					 101216.1(b), prior to
					 employment a teacher shall complete three postsecondary semester or equivalent
					 quarter units in the identification, transmission, control and care of common
					 childhood illnesses and communicable diseases; and shall complete three
					 postsecondary semester or equivalent quarter units in early childhood education or
					 child development. These units shall be completed at an approved or accredited
					 college or university.
(1) After employment, a
					 teacher hired under Section
					 101616.2(b) shall
					 complete at least three units each semester or quarter until a total of 12
					 postsecondary semester or equivalent quarter units in early childhood education or
					 child development is completed as specified in Section
					 101216.1(c).
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101616.3 - Child Care Center for Mildly Ill Children-Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
					 101216, the following shall
					 apply:
(b) All staff and volunteers
					 whose duties include the provision of care to, and the supervision and protection
					 of, mildly ill children shall complete training on the practices and procedures of a
					 child care center for mildly ill children.
(1)
					 Training shall be completed within two weeks of a staff member's or volunteer's
					 starting date.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101616.5 - Chid Care Center for Mildly Ill Children-Teacher-Child Ratios

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Sections
					 101216.3,
					 101416.5 and
					 101516.5, the following shall
					 apply:
(b) There shall be a ratio of one
					 teacher to every three infants in attendance.
(1)
					 An aide as specified in Section
					 101216.2 may be substituted for a
					 teacher when all of the following criteria are met:
(A) A fully qualified teacher as specified in
					 Sections 101616.2(a) and (c) is
					 directly caring for and supervising no more than three infants; and has overall
					 responsibility for supervising a total of no more than 12 infants, with the
					 assistance of three aides as specified in Section
					 101616.5(b)(1)(B).
(B) Each aide is responsible for the direct care
					 and supervision of no more than three infants.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101616.8 - Child Care Center for Mildly Ill Children-Staffing for Water Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding
					 Section 101216.6, the following shall
					 apply:
(b) Water activities in or near
					 any of the following bodies of water shall not be permitted in a child care center
					 for mildly ill children:
(1) Swimming
					 pool.
(2) Any portable pool or wading
					 pool, no matter how shallow.
(3)
					 Potentially dangerous natural bodies of water including, but not limited to, oceans,
					 lakes, rivers and streams.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101619 - Child Care Center for Mildly Ill Children-Admission Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
					 101218, the following shall
					 apply:
(b) The written admission
					 policies for child care centers for mildly ill children shall specify the
					 conditions/symptoms/illnesses for which children will and will not be accepted for
					 care.
1. New section
						filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Change without
						regulatory effect amending section heading and section filed 10-26-98 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 98, No. 44).
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 › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101620 - Child Care Center for Mildly Ill Children-Medical Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Section
					 101220, the following shall
					 apply:
(b) A written medical assessment
					 for the child shall be obtained from the child's authorized representative if a
					 qualified staff person determines that one is necessary based on the nature of the
					 child's symptoms and/or illness.
(1) The medical
					 assessment shall be performed by a physician or other health professional working
					 under the supervision of a physician.
(2) The medical assessment shall include:
(A) Verification that the child's symptoms or
					 illness does not pose a risk to the child or others at the center.
(B) Verification of the child's recent negative
					 test for tuberculosis unless the child is concurrently enrolled in a licensed child
					 care center or a public or private school.
(C) Identification of the child's special
					 requirements.
(D) Identification of
					 prescription and nonprescription medications that the child must take while at the
					 center.
(E) Ambulatory status and
					 restrictions on activities.
(3) Medical assessments shall be filed in the
					 child's record.
(4) When a medical
					 assessment is not required, the licensee shall make a dated notation to that effect
					 in the child's record.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101621 - Child Care Center for Mildly Ill Children-Child's Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
					 101221, the following shall
					 apply:
(b) Each child's record shall
					 include:
(1) A copy of the written medical
					 assessment, when one has been required, as specified in Section
					 101620.
(A) If a medical assessment has not been required,
					 a dated notation to that effect shall be made in the child's
					 record.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101626 - Child Care Centers for Mildly Ill Children-Health-Related Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
					 101226, and notwithstanding Section
					 101226(a), the
					 following shall apply:
(b) If the
					 child's illness or injury worsens to the point that it exceeds the maximum level of
					 care specified in the admission policies and for which the center is licensed, the
					 licensee shall immediately notify the child's authorized representative and require
					 the authorized representative to remove the child from the center.
(1) Notification of the authorized representative
					 shall be recorded in the child's record and shall include the date and time of
					 notification and the name of the qualified staff person making the
					 notification.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101626.1 - Child Care Center for Mildly Ill Children-Daily Inspection for Illness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding
					 Section 101226.1, the following shall
					 apply:
(b) Upon arrival each day at the
					 center, each child shall have a daily inspection for illness to determine if the
					 child is appropriate for placement in the center.
(1) A qualified staff person shall perform and
					 document the completion of the daily inspection for illness.
(A) A qualified staff person for a Level I center
					 shall be a director as specified in Sections
					 101615(a) and (b), or
					 a teacher as specified in Sections
					 101616.2(a) and
					 (b).
(B) A qualified staff person for a Level II center
					 shall be a licensed health professional.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101626.2 - Child Care Center for Mildly Ill Children-Isolation for Illness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Section
					 101226.2, the following shall
					 apply:
(b) A center shall be equipped
					 with an isolation area to care for any child as specified in Section
					 101626.2(c).
(1) The isolation area shall be physically
					 separate from the indoor activity area and shall be located to afford easy
					 observation of, and access to, children requiring isolation.
(2) The isolation area shall be equipped with a
					 bed, cot, floor mat or couch for each child requiring isolation; and with a crib,
					 cot or floor mat for each infant requiring isolation.
(3) The isolation area shall not be located in the
					 kitchen, food-preparation or toilet areas.
(4) In combination centers with a Level I or Level
					 II component for mildly ill children, only one isolation area that serves all of the
					 child care center components is required.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101626.3 - Child Care Center for Mildly Ill Children-Observation of the Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
					 101226.3(a), and
					 notwithstanding Section
					 101226.3(b), the
					 following shall apply:
(b) Any changes
					 in the child's behavior or any signs of the child's illness worsening shall be
					 reported to the child's authorized representative and recorded in the child's record
					 on the day they occur.
(c) If indicated
					 by the nature of the child's illness at any time when the child is in care, staff
					 shall record daily observations of the child's behavior and symptoms, including the
					 date and time of the observation(s). The record of the observation(s) shall also
					 include, but not be limited to, the following as appropriate:
(1) Behavior and activities, such as the child's
					 state of alertness, type of complaints, frequency and length of sleep, and pattern
					 of rest and play.
(2) Temperature.
(A) Any child with a body temperature of 100 F
					 (37.8 C) (oral) or 101 F (38.3 C) (rectal or by ear) or 99 F (37.2 C) (axillary), or
					 higher, shall have his/her body temperature taken during the day as follows:
1. For a child 0-1 years of age, within one hour
					 of the original temperature; for a child 0-5 years of age, within two hours of the
					 original temperature; and for a child 6-18 years of age, within three hours of the
					 original temperature.
2. The child's
					 temperature shall also be taken at intervals thereafter depending on the child's
					 observed behavior and symptoms as specified in Section
					 101626.3(c).
(B) Body temperature shall be determined by using
					 a thermometer with a disposable plastic (Probe) cover.
(3) Breathing.
(4) Vomiting.
(5) Amount of food and fluid intake.
(6) Color, consistency and number of bowel
					 movements.
(7) Frequency of urination.
(A) Notations shall be made at least every four
					 hours if the child has any of the following conditions/symptoms/illnesses:
1. Decreased appetite.
2. Vomiting.
3. Diarrhea as specified in Section
					 101626.1(e)(9).
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101627 - Child Care Center for Mildly Ill Children-Food Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Sections
					 101227 and
					 101427, the following shall
					 apply:
(b) For mildly ill children,
					 individual meals and snacks shall be prepared in accordance with the requirements of
					 each child's admission agreement and plan of care.
(c) For mildly ill infants, individual meals and
					 snacks shall be prepared in accordance with the requirements of each infant's
					 admission agreement, feeding plan and plan of care.
1. New section
						filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Change without
						regulatory effect amending section heading and section filed 10-26-98 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 98, No. 44).
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 › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101628 - Child Care Center for Mildly Ill Children-Personal Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
					 101428, the following shall
					 apply:
(b) Only disposable diapers shall
					 be used unless cloth diapers are specified in the infant's or child's plan of
					 care.
(c) If cloth diapers are used,
					 they shall be used with an outer waterproof cover.
(1) When cloth diapers are changed, the soiled
					 diaper and outer cover shall be removed at the same time and replaced with a clean
					 diaper and outer cover.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101629.1 - Child Care Center for Mildly Ill Children-Sign in and Sign Out

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Section
					 101226.1(b)(2)(A), and
					 in addition to Section
					 101229.1, the following shall
					 apply:
(b) The licensee shall require
					 that each child be signed in and out by his/her authorized representative.
1. New section
						filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Change without
						regulatory effect amending section heading and section filed 10-26-98 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 98, No. 44).
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 › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 6 - Continuing Requirements › Section 101630 - Child Care Center for Mildly Ill Children-Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Section
					 101230, the following shall
					 apply:
(b) The licensee shall develop,
					 maintain and implement a written plan to ensure the provision of indoor and outdoor
					 activities designed to meet the needs of mildly ill children. Such activities shall
					 include but not be limited to:
(1) Quiet and
					 active play.
(2) Rest and
					 relaxation.
(3) Eating.
(4) Toileting.
(5) Individual attention.
(6) Infants being held by care
					 providers.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 7 - Physical Environment › Section 101638.1 - Child Care Center for Mildly Ill Children-General Sanitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Section
					 101438.1, the following shall
					 apply:
(b) Children shall not have
					 access to items used by pets and animals.
(c) Staff and children shall wash their hands at
					 appropriate times, including but not limited to:
(1) Before and after eating or handling
					 food.
(2) After toileting or changing
					 diapers.
(3) Whenever hands are
					 contaminated with bodily fluids.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 7 - Physical Environment › Section 101638.2 - Child Care Center for Mildly Ill Children-Outdoor Activity Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Sections
					 101238.2(a), (e) and
					 (f), the following shall apply:
(b) There shall be at least 20 square feet of
					 outdoor activity space per child based on the total licensed capacity.
(c) In each combination center and each single
					 license child care center with a Level I or Level II component for mildly ill
					 children, outdoor activity space for mildly ill children shall be physically
					 separate from outdoor activity space for well children.
(1) Physical separation shall include but not be
					 limited to:
(A) Fencing; or
(B) Supervision; or
(C) Scheduling.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 7 - Physical Environment › Section 101638.3 - Child Care Center for Mildly Ill Children-Indoor Activity Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
					 101238.3, the following shall
					 apply:
(b) In each combination center
					 and each single license child care center with a Level I or Level II component for
					 mildly ill children, indoor activity space for the Level I or Level II component
					 shall be physically separate from indoor activity space for any other child care
					 center component.
(1) Physical separation shall
					 include but not be limited to:
(A) Moveable
					 partitions.
(B) Accordian wall
					 dividers.
(C) Separate
					 rooms.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 7 - Physical Environment › Section 101639 - Child Care Center for Mildly Ill Children-Fixtures, Furniture, Equipment and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
					 Sections 101239,
					 101439 and
					 101539, the following shall
					 apply:
(b) In each combination center
					 and each single license child care center with a Level I or Level II component for
					 mildly ill children, all fixtures, furniture, equipment and supplies designated for
					 use in caring for mildly ill children, or for use by mildly ill children, shall not
					 be shared with or used by any other child care center component unless the criteria
					 specified in Section
					 101561(b)(1) are
					 met.
(c) Beds, cots, floor mats or
					 couches, as well as blankets and pillows, shall be available and accessible for use
					 by mildly ill children whenever mildly ill children are present.
(d) Cribs, cots or floor mats, as well as
					 blankets, shall be available and accessible for use by mildly ill infants whenever
					 mildly ill infants are present.
(1) Mildly ill
					 infants shall not have access to pillows.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 7 - Physical Environment › Section 101639.1 - Child Care Center for Mildly Ill Children-Napping Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Sections
					 101239.1 and
					 101439.1, the following shall
					 apply:
(b) In each combination center
					 and each single license child care center with a Level I or Level II component for
					 mildly ill children, napping equipment designated for use in caring for mildly ill
					 children, or for use by mildly ill children, shall not be shared with or used by any
					 other child care center component unless the criteria specified in Section
					 101561(b)(1) are
					 met.
1. New section
						filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Change without
						regulatory effect amending section heading and section filed 10-26-98 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 98, No. 44).
3. Amendment of subsection (b) filed
						8-28-2023; operative 10-1-2023 (Register 2023, No.
						35).
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 › Subchapter 4 - Child Care Center for Mildly Ill Children › Article 7 - Physical Environment › Section 101639.2 - Child Care Center for Mildly Ill Children-Drinking Water

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Section
					 101239.2, the following shall
					 apply:
(b) Each child shall use a cup or
					 bottle labeled with his/her name, or a single-use disposable cup.
(c) Drinking water from a noncontaminating fixture
					 or container shall be readily available to children both indoors and in the outdoor
					 activity area.
(d) Each child shall be
					 free to drink water as he/she wishes unless it is not appropriate because of the
					 nature of the child's illness.
1. New section
						filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Change without
						regulatory effect amending section heading and section filed 10-26-98 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 98, No. 44).
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 3 - Family Day Care Homes for Children › Article 1 - General Requirements and Definitions › Section 102351.1 - Specific Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Chapter 1, General Requirements, shall not
					 apply to family child care homes.
1. Editorial
					 correction renumbering and amending former division 6, chapter 8.5 (sections
					 88001-88070, not consecutive) to new
					 division 12, chapter 3 (articles 1-4 and 6, sections
					 102351.1-102423, not consecutive) filed
					 7-1-85; designated effective 7-1-85 (Register 85, No. 27).
2. Change
					 without regulatory effect amending section filed 5-7-92 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 92, No. 20).
3. Amendment filed 10-6-97; operative
					 11-5-97 (Register 97, No. 41).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						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 3 - Family Day Care Homes for Children › Article 1 - General Requirements and Definitions › Section 102352 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) "Adult" or "Substitute Adult" means a person
				  who is 18 years of age or older.
(2)
				  "Applicant" means any person or persons making an application for a license to
				  operate a family child care home.
(3)
				  "Assistant Provider" means a person at least 14 years of age who is primarily
				  involved in caring for children during the hours that the home provides
				  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 2 - Licensing › Section 102357 - Operation Without a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  Department has reason to believe that family child care is being provided without a
				  license, the licensing agency shall:
(1) Conduct a
				  site visit to:
(A) Determine whether the home is
				  operating without a license.
(B)
				  Determine whether continued operation of the facility will be dangerous to the
				  health and safety of the 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 2 - Licensing › Section 102358 - License Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Licensure is required before family child care is provided except in the following
				  situations relative to family child care homes as specified in Health and Safety
				  Code Section
				  1596.792:
(1) Any family day care home providing care for
				  the children of only one family in addition to the operator's own
				  children.
(2) Any cooperative
				  arrangement between parents for the care of their children where no payment is
				  involved and the arrangement meets all of the following conditions:
(A) In a cooperative arrangement, parents shall
				  combine their efforts so that each parent, or set of parents, rotates as the
				  responsible care giver with respect to all the children in the
				  cooperative.
(B) Any person caring for
				  children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or
				  adult sibling of at least one of the children in the cooperative.
(C) There can be no payment of money or receipt of
				  in-kind income in exchange for the provision of care. This does not prohibit in-kind
				  contributions of snacks, games, toys, blankets for napping, pillows and other
				  materials parents deem appropriate for their children. It is not the intent of this
				  paragraph to prohibit payment for outside activities, the amount of which may not
				  exceed the actual cost of the activity.
(D) No more than 12 children are receiving care in
				  the same place at the same time.
(3) Any arrangement for the receiving and care of
				  children by a relative.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 2 - Licensing › Section 102359 - Advertisements and License Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Licensees shall reveal each facility license number in all advertisements,
				  publications, or announcements made with the intent to attract clients.
(1) Advertisements, publications, or announcements
				  subject to the requirements of Section
				  102359(a) include, but
				  are not limited to, those contained in the following:
(A) Newspaper or magazine.
(B) Consumer report.
(C) Announcement of intent to commence
				  business.
(D) Telephone directory yellow
				  pages.
(E) Professional or service
				  directory.
(F) Radio or television
				  commercial.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 3 - Application Procedure › Section 102368 - License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The license shall be
				  available in the facility upon request.
(b) The license shall not be transferred to other
				  individuals or locations.
(c) Any person
				  18 years of age or over may apply for a license regardless of age, sex, race,
				  religion, color, political affiliation, national origin, disabilities, marital
				  status, actual or perceived sexual orientation, or ancestry.
(d) As a condition of licensure, the licensee
				  shall 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.
1. Change without
					 regulatory effect (Register 86, No. 29).
2. Amendment of subsection (c),
					 new subsection (d), and amendment of NOTE filed 10-6-97; operative 11-5-97 (Register
					 97, No. 41).
3. Change without regulatory effect amending subsection (c)
					 and NOTE filed 12-10-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 50).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.81(b),
						1596.866
						and
						1597.57,
						Health and Safety Code; and Section
						51, Civil
						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 3 - Application Procedure › Section 102369 - Application for Initial License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  apply for a license to operate a family child care home, an applicant shall file a
				  written application with the Department, on forms provided or approved by the
				  Department.
(b) The applicant shall
				  provide all of the following information at the time of submission of the
				  application:
(1) Name, address, telephone number
				  and confirmation that the applicant is 18 years of age or over.
(2) Age and number of children to whom care will
				  be provided.
(3) Name and age of every
				  person residing in the home where care is to be provided.
(4) A statement that the applicant will comply
				  with all regulations and laws governing family child care homes.
(5) When applying for a license as a large family
				  child care home, substantiation that the provider has at least one year of
				  experience as a regulated small family child care home operator; or one year of
				  experience as an administrator or director of, or as a teacher at, a licensed child
				  care center.
(A) Waiver of this requirement shall
				  be considered by the director upon finding that the applicant has sufficient
				  qualifying experience.
(6) A
				  brief statement confirming that the applicant is financially secure to operate a
				  family child care home for children. The Department shall not require any other
				  specific or detailed financial disclosure.
(7) Evidence that the small family child care home
				  contains a fire extinguisher and smoke detector device which meet standards
				  established by the State Fire Marshal under Section
				  1597.45(d)
				  of the Health and Safety Code or evidence that the large family child care home
				  meets the standards established by the State Fire Marshal under Section
				  1597.46(d)
				  of the Health and Safety Code.
(8)
				  Pursuant to Section
				  102370(a), the
				  fingerprints of any applicant for a family day care home license, and the following
				  adults:
(A) Any person, other than a child,
				  residing in the facility.
(B) Any person
				  who provides care and supervision to the children.
(C) Any staff person or employee who has contact
				  with the children.
(9)
				  Evidence of a current tuberculosis clearance, not more than one year prior to or
				  seven days after initial presence in the home, for any adult in the home during the
				  time that children are under care.
(10)
				  Name, address and telephone number of the city or county fire department, the
				  district providing fire protection services, or the State Fire Marshal's Office
				  having jurisdiction where the Family Day Care Home is located.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 3 - Application Procedure › Section 102369.1 - Pilot Project Registration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect repealing Section
					 102369.1 (Register 86, No.
					 29).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Section
						1597.54,
						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 3 - Application Procedure › Section 102370.1 - Criminal Record Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department will notify a licensee to act immediately to remove from the facility or
				  bar from entering the facility any person described in Sections
				  102370.1(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.
(6) The Department may assess a civil penalty of
				  $50 per day for failure to comply with Section
				  102370.1(a).
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 3 - Application Procedure › Section 102370.2 - Child Abuse Central Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				  issuing a license for a family child care home, the Department shall check the Child
				  Abuse Central Index (CACI) 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,
				  residence 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 state licensed facilities and LIC 198
				  [02/01] for county licensed facilities) for all individuals 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 102370(c)(2).
(A) Individuals who have submitted the Child Abuse
				  Central Index check (LIC 198A [3/99]) for state licensed facilities and LIC 198
				  [4/99] for county licensed facilities) 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 3 - Family Day Care Homes for Children › Article 3 - Application Procedure › Section 102371 - Fire Safety Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  fire safety clearance approved by the city or county fire department, the district
				  providing fire protection services, or the State Fire Marshal shall be required for
				  a large family child care home.
(1) For purposes
				  of Section 102371, "nonambulatory persons"
				  includes the following persons who would be unable to leave a building unassisted
				  under emergency conditions:
(A) Any person who is
				  unable, or likely to be unable, to physically and mentally respond to a sensory
				  signal approved by the State Fire Marshal, or an oral instruction relating to fire
				  danger; and
(B) Persons who depend upon
				  mechanical aids such as crutches, walkers, and wheelchairs.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 3 - Application Procedure › Section 102383 - Term of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except
				  as specified in Section
				  102368, a license remains in effect
				  until it is:
(1) Forfeited or surrendered as
				  specified in Health and Safety Code Section
				  1596.858.
(2) Suspended or revoked as specified in Section
				  102393.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 3 - Application Procedure › Section 102383.1 - Expiration of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect repealing Section
					 102383.1 (Register 86, No.
					 29).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.81(b)
						and
						1597.62,
						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 3 - Application Procedure › Section 102384 - 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 facility 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 facility.
(B) The facility category remains the same when
				  relocating the facility.
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 102391 - Inspection Authority of the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  duly authorized officer, employee, or agent of the Department shall, upon
				  presentation of proper identification, enter and inspect any place providing
				  personal care, supervision, and services at any time, with or without advance
				  notice, to secure compliance with, or to prevent a violation of, the regulations
				  adopted by the Department governing family child care homes, and in accordance with
				  Section 102396.
(b) The licensee shall permit the Department to
				  inspect the family child care home, and to privately interview children or staff, to
				  determine compliance with or to prevent violations of family child care laws or
				  regulations. The Department shall exercise this authority as specified in Health and
				  Safety Code Section
				  1596.8535(a).
(c) The licensee shall permit the Department to
				  inspect any part of the family child care home in which family child care services
				  are provided or to which children have access.
(d) The licensee shall permit the Department to
				  inspect, audit, and copy children's records or other family child care home records
				  upon demand during normal business hours. Records may be removed if necessary for
				  copying. Removal of records shall be subject to the following requirements:
(1) Licensing representatives shall not remove the
				  following current records unless the same information is otherwise readily available
				  in another document or format:
(A) Current
				  emergency information cards for current children in care as specified in Section
				  102417(g)(7).
(B) The current roster of children in care as
				  specified in Section
				  102417(g)(8).
(C) Children's immunization records as specified
				  in Section 102418(g).
(D) Documentation of completion of health and
				  safety training by the licensee and other personnel as specified in Sections
				  102368(d) and
				  102416(c).
(E) Any other records containing current emergency
				  or health-related information for current children in care or
				  staff.