Section 1596.862 Of Article 2. Administration Of Child Day Care Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 2.
1596.862
. (a) The department may approve or deny a written request
for enrollment or retention of a nonminor student at a schoolage
child care center. The department may approve a request for
enrollment or retention of a nonminor student if the department
determines the schoolage child care center can meet the needs of the
nonminor student and enrollment or retention of the nonminor student
is not detrimental to the health and safety of the nonminor student.
(b) (1) For the purposes of retention, if a request, as described
in subdivision (c), is submitted to the department at least 30 days
prior to the child's 18th birthday, the nonminor student shall be
retained at a schoolage child care center, unless the request is
denied in writing by the department.
(2) For the purposes of enrollment, a nonminor student shall not
be enrolled at a schoolage child care center until the request, as
described in subdivision (c), is approved in writing by the
department.
(c) A written request from a schoolage child care center for
enrollment or retention of a nonminor student shall include all of
the following:
(1) Confirmation that the licensee conducted a personal interview
of the nonminor student or the nonminor student's authorized
representative, if applicable, and a written statement from the
licensee that assesses both of the following:
(A) Whether the enrollment or retention of the nonminor student
would present a threat to the physical health, mental health, or
safety of the nonminor student and others at the schoolage child care
center.
(B) Whether the needs of the nonminor student can be met by the
schoolage child care center.
(2) A copy of the nonminor student's current individualized
education program and any other information requested by the
department.
(d) A nonminor student enrolled or retained pursuant to this
section shall be exempt from the fingerprinting and criminal record
clearance requirements in Section 1596.871 and otherwise applicable
regulations.
(e) An approved request may be terminated by the department and a
citation of deficiency, an assessment of civil penalties, or
discipline of the licensee pursuant to Section 1596.885 or Section
1596.886, or any combination thereof, may result if the licensee
fails to comply with applicable laws.
(f) The department may adopt regulations necessary to implement
this section.