Section 1596.8712 Of Article 2. Administration Of Child Day Care Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 2.
1596.8712
. (a) (1) Whenever an individual is excluded by the
department from a licensed family day care home, the department shall
prepare and provide to the licensed family day care home from which
the individual was excluded, within 45 days, an addendum to the
notification of parents' rights form required by Section 102419 of
Title 22 of the California Code of Regulations, clearly identifying
the name or names of any individual or individuals who have been
excluded from the licensed family day care home. The addendum shall
also identify the existence and location of a public file maintained
by the department explaining the reason for the exclusion.
(2) The department shall revise the addendum if the excluded
individual is reinstated by the department pursuant to Section 11522
of the Government Code.
(b) (1) Immediately upon receipt of an addendum from the
department, the licensee shall provide the parent or guardian of each
child under the licensee's care or supervision with a copy of the
addendum identifying the excluded individual or individuals. The
licensee shall also obtain the signature of the parent or guardian
indicating that the parent or guardian has received a copy of the
addendum. A signed copy of the addendum shall be provided to the
parent or guardian, and the original signed addendum shall be
retained by the licensed day care home provider, and provided to the
department during the regular inspection of the home, or at any time
upon the request of the department.
(2) This section shall apply to all children currently under the
licensee's care or supervision, and to all children who come under
the licensee's care or supervision after the implementation of this
section.
(c) During its regular inspection of all licensed family day care
homes where an individual or individuals have been excluded, the
department shall verify that the licensee has obtained a signature
from the parent or guardian of each child under the licensee's care
or supervision indicating that the parent or guardian has been
provided with the addendum identifying the excluded individual or
individuals. The department may also request the signed addenda from
the licensee at any time.
(d) A licensee shall be assessed an immediate civil penalty of one
hundred dollars ($100) per violation, for failure to do any of the
following:
(1) Provide a copy of the addendum to a parent or guardian of any
child under the provider's care or supervision.
(2) Obtain a parent or guardian's signature indicating he or she
has been provided with the addendum.
(3) Provide signed addenda to the department, when requested for
all children under the provider's care.
(e) Failure to comply with this section shall constitute grounds
for disciplining the licensee pursuant to Section 1596.885 or Section
1596.886.
(f) This section shall apply to any family day care home from
which an individual is excluded after January 1, 2001.
(g) The department shall promulgate regulations and policies, as
necessary, to implement the provisions of this section by January 1,
2002.