Section 1596.877 Of Article 2. Administration Of Child Day Care Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 2.
1596.877
. (a) Prior to granting a license to, or otherwise
approving, any family day care home, the department shall check the
child abuse and neglect complaint records of the child protective
services agency of the county in which the applicant has resided for
the two years preceding the application.
(b) Prior to granting a license to or otherwise approving any
individual to care for children in either a family day care home or a
day care center, the department shall check the Child Abuse Registry
pursuant to paragraph (3) of subdivision (b) of Section 11170 of the
Penal Code. The Department of Justice shall maintain and continually
update an index of reports of child abuse by providers and shall
inform the department of subsequent reports received from the child
abuse index pursuant to Section 11170 of the Penal Code and the
criminal history.
(c) The department shall investigate any reports received from the
Child Abuse Registry and investigate any information received from
the county child protective services agency. However, child
protective services agency information arising from a report
designated as "unfounded," as defined pursuant to subdivision (a) of
Section 11165.12 of the Penal Code, shall not be included in the
investigation. The investigation shall include, but not be limited
to, the review of the investigation report and file prepared by the
child protective services agency that investigated the child abuse
report. The department shall not deny a license based upon a report
from the Child Abuse Registry or based on child abuse and neglect
complaint records of the county child protective services agency
unless child abuse is substantiated.
(d) On and after January 1, 1993, the department shall implement
this section for records maintained by counties that have automated
their child abuse and neglect complaint records on or before January
1, 1993. On and after July 1, 1993, the department shall implement
this section for records maintained by all counties.