Section 1596.857 Of Article 2. Administration Of Child Day Care Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 2.
1596.857
. (a) Upon presentation of identification, the responsible
parent or guardian of a child receiving services in a child day care
facility has the right to enter and inspect the facility without
advance notice during the normal operating hours of the facility or
at any time that the child is receiving services in the facility.
Parents or guardians when inspecting shall be respectful of the
children's routines and programmed activities. The facility shall
inform parents and guardians of children receiving services in the
facility of the right of the parents and guardians to inspect the
facility pursuant to this section.
(b) No child day care facility shall discriminate or retaliate
against any child or parent or guardian on the basis or for the
reason that the parent or guardian has exercised his or her right
under this section to inspect the facility or has lodged a complaint
with the department against a facility.
(c) If any child day care facility denies a parent or legal
guardian the right to enter and inspect a facility or retaliates, the
department shall issue the facility a warning citation. For any
subsequent violation of this right, the department may impose a civil
penalty upon the facility of fifty dollars ($50) per violation. The
department may take any appropriate action, including license
revocation.
(d) Each child day care facility shall permanently post in a
facility location accessible to parents and guardians a written
notice, available from the department, of the right to make an
inspection pursuant to this section and the prohibition against
retaliation and the right to file a complaint. In addition, this
notice shall include information stating that the specified
registered sex offender database is available to the public via an
Internet Web site maintained by the Department of Justice as
www.meganslaw.ca.gov. The department shall make this written notice
available to child day care facility licensees, and shall include on
this notice a statement of the right of the parents and guardians to
review licensing reports of facility visits and substantiated
complaints against the facility on the site of the facility, pursuant
to Section 1596.859.
(e) At the time of acceptance of each child into a child day care
facility after January 1, 2007, the licensee shall provide the child'
s parent or guardian with a copy of the Family Child Care Home
Notification of Parents' Rights provided by the State Department of
Social Services, which shall include information stating that the
specified registered sex offender database is available to the public
via an Internet Web site maintained by the Department of Justice as
www.meganslaw.ca.gov.
(f) Upon delivery of the Family Child Care Home Notification of
Parents' Rights required pursuant to subdivision (e) to a parent or
guardian, a provider is not required to provide any additional
information regarding the location and proximity of registered sex
offenders who reside in the community where the child care facility
or family day care home is located. The provision of the information
required by this section to parents and guardians of a child in their
care shall not subject the provider to any liability or cause of
action against the provider by a registered sex offender identified
in the database.
(g) Notwithstanding any other provision of this section, the
person present who is in charge of a child day care facility may deny
access to an adult whose behavior presents a risk to children
present in the facility and may deny access to noncustodial parents
or guardians if so requested by the responsible parent or legal
guardian.