Section 1596.853 Of Article 2. Administration Of Child Day Care Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 2.
1596.853
. (a) Any person may request an inspection of any child day
care facility in accordance with the California Child Day Care
Facilities Act by transmitting to the department notice of an alleged
violation of applicable requirements prescribed by the statutes or
regulations of this state. A complaint may be made either orally or
in writing.
(b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint, except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
(c) Upon receipt of a complaint, the department shall make a
preliminary review and, unless the department determines that the
complaint is willfully intended to harass a licensee or is without
any reasonable basis, the department shall make an onsite inspection
within 10 days after receiving the complaint, except where the visit
would adversely affect the licensing investigation or the
investigation of other agencies, including, but not limited to, law
enforcement agencies. In either event, the complainant shall be
promptly informed of the department's proposed course of action.
If the department determines that the complaint is without a
reasonable basis, then the complaint shall be marked confidential and
shall not be disclosed to the public. The child-care provider shall
be notified in writing within 30 days of the dismissal that the
complaint has been dismissed.
(d) (1) The department shall notify a resource and referral
program funded under Section 8210 of the Education Code, as follows:
(A) Upon the issuance or denial of a license for a child day care
facility within the resource and referral program's jurisdiction.
(B) Within one business day of a finding that physical or sexual
abuse has occurred at a child day care facility within the resource
and referral program's jurisdiction.
(C) Within two business days of the issuance of a temporary
suspension order, or the revocation or placement on probation of a
license for a child day care facility within the resource and
referral program's jurisdiction.
(D) The department shall also notify the resource and referral
program of the final resolution of any action specified in this
paragraph.
(2) With the exception of parents seeking local day care service,
any other entity specified in subdivision (b) of Section 1596.86 may
request that the department provide the notification described in
paragraph (1).
(e) When the department substantiates an allegation that it deems
to be serious in a facility funded by the Child Development Division
of the State Department of Education pursuant to Chapter 2
(commencing with Section 8200) of Part 6 of the Education Code it
shall notify the Child Development Division.