1596.8662
. (a) The department shall do all of the following:
(1) Make information available to all licensed child day care
providers, administrators, and employees of licensed child day care
facilities regarding detecting and reporting child abuse and neglect.
(2) Provide training including statewide guidance on the
responsibilities of a mandated reporter who is a licensed day care
provider or an applicant for that license, administrator, or employee
of a licensed child day care facility in accordance with the Child
Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The
department shall provide the guidance using its free module or
modules provided on the State Department of Social Services Internet
Web site or as otherwise specified by the department. This guidance
content shall include, but is not necessarily limited to, all of the
following:
(A) Information on the identification of child abuse and neglect,
including behavioral signs of abuse and neglect.
(B) Reporting requirements for child abuse and neglect, including
guidelines on how to make a suspected child abuse report when
suspected abuse or neglect takes place outside a child day care
facility, or within a child day care facility, and to which
enforcement agency or agencies a report is required to be made.
(C) Information that failure to report an incident of known or
reasonably suspected child abuse or neglect, as required by Section
11166 of the Penal Code, is a misdemeanor punishable by up to six
months confinement in a county jail, or by a fine of one thousand
dollars ($1,000), or by both that imprisonment and fine.
(D) Information that mandated reporting duties are individual and
no supervisor or administrator may impede or inhibit reporting
duties, and no person making a report shall be subject to any
sanction for making the report, pursuant to paragraph (1) of
subdivision (i) of Section 11166 of the Penal Code. A supervisor or
administrator who impedes or inhibits the duties of a mandated
reporter shall be subject to punishment pursuant to Section 11166.01
of the Penal Code.
(E) Information on childhood stages of development in order to
help distinguish whether a child's behavior or physical symptoms are
within range for his or her age and ability, or are signs of abuse or
neglect.
(3) The department shall provide training, including information
about child safety and maltreatment prevention using its free
training module or modules specified in paragraph (2), or as
otherwise specified by the department. This information shall
include, but is not necessarily limited to, all of the following:
(A) Information on protective factors that may help prevent abuse,
including dangers of shaking a child, safe sleep practices,
psychological effects of repeated exposure to domestic violence, safe
and age-appropriate forms of discipline, how to promote a child's
social and emotional health, and how to support positive parent-child
relationships.
(B) Information on recognizing risk factors that may lead to
abuse, such as stress and social isolation, and available resources
to which a family may be referred to help prevent child abuse and
neglect.
(C) When to call for emergency medical attention to prevent
further injury or death.
(D) Information on how a licensed child care provider,
administrator, or employee of a licensed child day care facility
might communicate with a family before and after making a suspected
child abuse report.
(4) The department shall comply with the Dymally-Alatorre
Bilingual Services Act of 1973 (Chapter 17.5 (commencing with Section
7290) of the Government Code), which includes, among alternative
communication options, providing the same type of training materials
in any non-English language spoken by a substantial number of members
of the public whom the department serves.
(b) (1) On or before March 30, 2018, a person who, on January 1,
2018, is a licensed child care provider, administrator, or employee
of a licensed child day care facility shall complete the mandated
reporter training provided pursuant to paragraphs (2) and (3) of
subdivision (a), and shall complete renewal mandated reporter
training every two years following the date on which he or she
completed the initial mandated reporter training.
(2) On and after January 1, 2018, a person who applies for a
license to be a provider of a child day care facility shall complete
the mandated reporter training provided pursuant to paragraphs (2)
and (3) of subdivision (a) as a precondition to licensure and shall
complete renewal mandated reporter training every two years following
the date on which he or she completed the initial mandated reporter
training.
(3) On and after January 1, 2018, a person who becomes an
administrator or employee of a licensed child day care facility shall
complete the mandated reporter training provided pursuant to
paragraphs (2) and (3) of subdivision (a) within the first 90 days
that he or she is employed at the facility and shall complete renewal
mandated reporter training every two years following the date on
which he or she completed the initial mandated reporter training.
(4) The licensee of a licensed child day care facility shall
obtain proof from an administrator or employee of the facility that
the person has completed mandated reporter training in compliance
with this subdivision.
(5) A licensed child day care provider, administrator, or employee
of a licensed child day care facility who does not use the online
training module provided by the department shall report to, and
obtain approval from, the department regarding the training that
person shall use in lieu of the online training module.
(c) Current proof of completion for each licensed child care
provider or applicant for that license, administrator, and employee
of a licensed child day care facility shall be submitted to the
department upon inspection of the child day care or upon request by
the department.
(d) (1) The department shall issue a notice of deficiency at the
time of a site visit to the licensee of a licensed child day care
facility who is not in compliance with this section. The licensee
shall, at the time the department issues the notice of deficiency,
develop a plan to correct the deficiency within 45 days.
(2) A deficiency under this subdivision is not subject to Section
1596.890.
(e) A licensed child care provider or applicant for that license,
an administrator, or employee of a licensed child care facility is
exempt from the detecting and reporting child abuse training if he or
she has limited English proficiency and training is not made
available in his or her primary language.
(f) This section shall become operative on January 1, 2018.