Article 2. Licensure Requirements of California Health And Safety Code >> Division 2. >> Chapter 3.5. >> Article 2.
Any person desiring issuance of a license for a day care
center or a special permit for specialized services in a day care
center under this chapter shall file with the department pursuant to
regulations, an application on forms furnished by the department,
which shall include, but not be limited to, all of the following:
(a) Evidence satisfactory to the department of the ability of the
applicant to comply with this act and rules and regulations adopted
pursuant to this act by the department.
(b) Evidence satisfactory to the department that the applicant is
a reputable and responsible character. This evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1596.871, employment history, and character references. If
the applicant is a firm, association, organization, partnership,
business trust, corporation, or company, evidence of reputable and
responsible character shall be submitted as to the members or
shareholders thereof, and the person in charge of the day care center
for which application for issuance of license or special permit is
made.
(c) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this act. The information
shall be required only upon initial application for licensure, and
when requested by the department, in writing, explaining the need for
the evidence as part of the department's investigative function.
(d) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in any child day care facility or in any facility
licensed pursuant to Chapter 1 (commencing with Section 1200), 2
(commencing with Section 1250), or 3 (commencing with Section 1500).
(e) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).
(f) Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months. The
documentation of these drills shall be maintained at the facility on
a form prepared by the department and shall include the date and
time of the drills.
(g) Evidence satisfactory to the department that the applicant has
posted signs at the point of entry to the facility that provide the
telephone number of the local health department and state all of the
following:
(1) Protect your child--it is the law.
(2) All the information specified in Sections 27360 and 27360.5 of
the Vehicle Code regarding child passenger restraint systems.
(3) Call your local health department for more information.
(h) Any other information as may be required by the department for
the proper administration and enforcement of this act.
(i) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
(a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive director, or an officer that has been
licensed to operate, been employed in or served as a member of the
board of directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, the executive director, or an officer who is not eligible
for licensure pursuant to Sections 1596.851 and 1596.8898.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, the executive
director, or an officer who is not eligible for licensure pursuant to
Sections 1596.851 and 1596.8898.
(d) Prior to instituting an administrative action pursuant to
subdivision (b) or (c), the department shall notify the applicant or
licensee of the person's ineligibility to be a member of the board of
directors, an executive director, or an officer of the applicant or
licensee. The licensee has 15 days to remove the person from that
position if the person does not have client contact, or immediately
upon notification if the person has client contact.
Every licensed child day care center shall have one or
more carbon monoxide detectors in the facility that meet the
standards established in Chapter 8 (commencing with Section 13260) of
Part 2 of Division 12. The department shall account for the presence
of these detectors during inspections.
(a) The department shall develop guidelines and
procedures to permit licensed child day care centers serving
preschool age children to create a special program component for
children between 18 months to three years of age. This optional
toddler program shall be subject to the following basic conditions:
(1) An amended application is submitted to and approved by the
department.
(2) Parents give permission for the placement of their children in
the toddler program.
(3) A ratio of six children to each teacher is maintained for all
children in attendance at the toddler program. An aide who is
participating in on-the-job training may be substituted for a teacher
when directly supervised by a fully qualified teacher.
(4) The maximum group size, with two teachers, or one fully
qualified teacher and one aide, does not exceed 12 toddlers.
(5) The toddler program is conducted in areas separate from those
used by older or younger children. Plans to alternate use of outdoor
play space may be approved to achieve separation.
(6) All other preschool regulations are complied with.
(b) The toddler program shall be considered an extension of the
preschool license, without the need for a separate license.
(c) The department shall immediately prepare proposed regulations
for public hearing which would consider the foregoing basic
conditions as well as any additional health and safety safeguards
deemed necessary for this age group.
(d) The guidelines in subdivision (a) shall remain in force and
effect only until regulations implementing this section are adopted
by the department.
(e) Commencing January 1, 2016, a day care center with a toddler
program described in this section shall extend the toddler program to
serve children between 18 months and three years of age. It is the
intent of the Legislature to provide continuity of care to California'
s children and parents in the implementation of this subdivision.
(a) The department shall develop guidelines and
procedures to authorize licensed child day care centers serving
infants to create a special program component for children between 18
months to three years of age. The optional toddler program shall be
subject to the following basic conditions:
(1) An amended application shall be submitted to and approved by
the department.
(2) A child younger than 18 months of age shall not be moved into
the toddler program. A child who is older than 18 months of age shall
not be required to be in the toddler program.
(3) Parents shall give permission for the placement of their
children in the toddler program.
(4) A ratio of six children to each teacher shall be maintained
for all children in attendance at the toddler program. An aide who is
participating in on-the-job training may be substituted for a
teacher when directly supervised by a fully qualified teacher.
(5) The maximum group size, with two teachers, or one fully
qualified teacher and one aide, shall not exceed 12 toddlers.
(6) The toddler program shall be conducted in areas separate from
those used by older or younger children. Plans to alternate use of
outdoor play space may be approved to achieve separation.
(7) All other infant center regulations shall be complied with.
(b) The toddler program shall be considered an extension of the
infant center license, without the need for a separate license.
(c) The department shall immediately prepare proposed regulations
for public hearing that would consider the foregoing basic conditions
as well as any additional health and safety safeguards deemed
necessary for this age group.
(d) The guidelines in subdivision (a) shall remain in force and
effect only until regulations implementing this section are adopted
by the department.
(e) Commencing January 1, 2016, a day care center with a toddler
program described in this section shall extend the toddler program to
serve children between 18 months and three years of age. It is the
intent of the Legislature to provide continuity of care to California'
s children and parents in the implementation of this subdivision.
(a) The department and the licensing agencies with which
it contracts for licensing shall review and make a final
determination within 60 days of an applicant's submission of a
complete application on all applications for a license to operate a
day care facility for children by an organization which possesses a
current valid license to operate a day care facility for children at
another site. Applicants shall note on the application, or in a cover
letter to the application, that they possess a current valid license
at another site, and the number of that license.
(b) The department shall request a fire safety clearance from the
appropriate fire marshal within five days of receipt of an
application described in subdivision (a). The department shall
request criminal records clearance within five days of receipt of an
application described in subdivision (a), unless the clearance
requirement has been otherwise satisfied by transfer of clearance
under subdivision (g) of Section 1596.871.
(c) If the department for any reason is unable to comply with
subdivision (a), it shall, within 60 days of receipt of the
application described in subdivision (a), grant a provisional license
to the applicant to operate for a period not to exceed six months.
While the provisional license is in effect, the department shall
continue its investigation and make a final determination on the
application before the provisional license expires. The provisional
license shall be granted, provided the department knows of no life
safety risks, the criminal records clearances, if applicable, are
complete, and the fire safety clearance is complete. The director may
extend the term of a provisional license for an additional six
months at the time of the application, if the director determines
that more than six months will be required to achieve full compliance
with licensing standards due to circumstances beyond the control of
the applicant, and if all other requirements for a license have been
met.
(d) If the department does not issue a provisional license
pursuant to subdivision (c), the department shall issue a notice to
the applicant identifying whether the provisional license has not
been issued due to the existence of a life safety risk, lack of a
fire safety clearance, lack of a criminal records clearance, failure
to complete the application, or any combination of these reasons. If
a life safety risk is identified, the risk preventing the issuance of
a provisional license shall be clearly explained. If a lack of the
fire safety clearance or lack of criminal records clearance is
identified, the notice shall include the dates on which the
department requested the clearance and the current status of those
requests, the fire marshal's name and telephone number to whom a fire
safety clearance request was sent, and the names of individuals for
whom criminal records clearances are lacking. If failure to complete
the application is identified, the notice shall list all of the forms
or attachments which are missing or incorrect. This notice shall be
sent to the applicant no later than 60 days after the applicant filed
the application. If the reasons identified in the notice are
corrected, the department shall issue the provisional license within
five days after the corrections are made.
(e) The department shall, immediately after January 1, 1992,
develop expedited procedures necessary to implement subdivisions (a),
(b), (c), and (d).
(f) The department shall, immediately after January 1, 1992,
develop an appeal procedure for applicants under this section for
both denial of licenses and delay in processing applications.
A license or special permit for a day care center for
children may be issued providing the licensee has been found not to
be in violation of any statutory requirements or rules or regulations
pursuant to this chapter and Chapter 3.4 (commencing with Section
1596.70).
(a) The department shall notify the day care center in
writing of all deficiencies in its compliance with this chapter and
the rules and regulations adopted pursuant to this chapter, and shall
set a reasonable length of time for compliance by the center. Upon a
finding of noncompliance, the department may levy a civil penalty
which shall be paid to the department each day until the department
finds the center in compliance.
(b) In developing a plan of correction both the licensee and the
department shall give due consideration to the following factors:
(1) The gravity of the violation.
(2) The history of previous violations.
(3) The possibility of a threat to the health or safety of any
child in the facility.
(4) The number of children affected by the violation.
(5) The availability of equipment or personnel necessary to
correct the violation, if appropriate.
(c) The department shall ensure that the licensee's plan of
correction is verifiable and measurable. The plan of correction shall
specify what evidence is acceptable to establish that a deficiency
has been corrected. This evidence shall be included in the department'
s facility file.
(d) The department shall adopt regulations establishing procedures
for the imposition of civil penalties under this section.
(a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter or Chapter 3.4
(commencing with Section 1596.70), the department may levy a civil
penalty.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) nor more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. Except as otherwise
provided in this chapter, a civil penalty assessment shall not exceed
one hundred fifty dollars ($150) per day per violation.
(c) Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98,
the department shall assess an immediate civil penalty of one hundred
fifty dollars ($150) per day per violation for any of the following
serious violations:
(1) Fire clearance violations, including, but not limited to,
overcapacity, inoperable smoke alarms, and inoperable fire alarm
systems.
(2) Absence of supervision, including, but not limited to, a child
left unattended, supervision of a child by a person under 18 years
of age, and lack of supervision resulting in a child wandering away.
(3) Accessible bodies of water.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1596.852, 1596.853, or 1597.09.
(6) The presence of an excluded person on the premises.
(d) For a violation that the department determines resulted in the
death of a child, the civil penalty shall be assessed as follows:
(1) Seven thousand five hundred dollars ($7,500) for a licensee
licensed, among all of the licensee's facilities, to care for 30 or
less children.
(2) Ten thousand dollars ($10,000) for a licensee licensed, among
all of the licensee's facilities, to care for 31 to 100, inclusive,
children.
(3) Fifteen thousand dollars ($15,000) for a licensee licensed,
among all of the licensee's facilities, to care for more than 100
children.
(e) (1) For a violation that the department determines constitutes
physical abuse or resulted in serious injury, as defined in Section
1596.8865, to a child, the civil penalty shall be assessed as
follows:
(A) Two thousand five hundred dollars ($2,500) for a licensee
licensed, among all of the licensee's facilities, to care for 30 or
less children.
(B) Five thousand dollars ($5,000) for a licensee licensed, among
all of the licensee's facilities, to care for 31 to 100, inclusive,
children.
(C) Ten thousand dollars ($10,000) for a licensee licensed, among
all of the licensee's facilities, to care for more than 100 children.
(2) For purposes of this subdivision, "physical abuse" includes
physical injury inflicted upon a child by another person by other
than accidental means, sexual abuse as defined in Section 11165.1 of
the Penal Code, neglect as defined in Section 11165.2 of the Penal
Code, or unlawful corporal punishment or injury as defined in Section
11165.4 of the Penal Code when the person responsible for the child'
s welfare is a licensee, administrator, or employee of any facility
licensed to care for children, or an administrator or employee of a
public or private school or other institution or agency.
(f) Before the issuance of a citation imposing a civil penalty
pursuant to subdivision (d) or (e), the decision shall be approved by
the program administrator of the Community Care Licensing Division.
(g) Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98,
any day care center that is cited for repeating the same violation of
this chapter or Chapter 3.4 (commencing with Section 1596.70) within
12 months of the first violation is subject to an immediate civil
penalty of one hundred fifty dollars ($150) for each day the
violation continues until the deficiency is corrected.
(h) Any day care center that is assessed a civil penalty under
subdivision (g) and that repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (g) shall be
assessed an immediate civil penalty of one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(i) Notwithstanding any other law, revenues received by the state
from the payment of civil penalties imposed on licensed child care
centers pursuant to this chapter or Chapter 3.4 (commencing with
Section 1596.70), shall be deposited in the Child Health and Safety
Fund, created pursuant to Chapter 4.6 (commencing with Section 18285)
of Part 6 of Division 9 of the Welfare and Institutions Code, and
shall be expended, upon appropriation by the Legislature, pursuant to
subdivision (f) of Section 18285 of the Welfare and Institutions
Code exclusively for the technical assistance, orientation, training,
and education of licensed day care center providers.
(j) (1) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.
(2) A notification of a deficiency written by a representative of
the department shall include a factual description of the nature of
the deficiency fully stating the manner in which the licensee failed
to comply with the specified statute or regulation, and, if
applicable, the particular place or area of the facility in which the
deficiency occurred.
(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) and (e) within 15 business days
of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from the
department. If the deputy director determines that the civil penalty
was not assessed, or the finding of the deficiency that resulted in
the assessment of the civil penalty was not made, in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty or finding of deficiency. The
licensee shall be notified in writing of the deputy director's
decision within 60 business days of the date when all necessary
information has been provided to the department by the licensee.
(2) Upon exhausting the review described in paragraph (1), a
licensee may further appeal that decision to an administrative law
judge. Proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all the powers
granted by those provisions. In all proceedings conducted in
accordance with this section, the standard of proof shall be by a
preponderance of the evidence.
(3) If, in addition to an assessment of civil penalties, the
department elects to file an administrative action to suspend or
revoke the facility license that includes violations relating to the
assessment of the civil penalties, the department review of the
pending appeal shall cease and the assessment of the civil penalties
shall be heard as part of the administrative action process.
(l) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (k) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be conducted
by a regional manager of the Community Care Licensing Division. The
licensee may submit additional supporting documentation that was
unavailable at the time of submitting the request for review within
the first 30 business days after submitting the request for review.
If the department requires additional information from the licensee,
that information shall be requested within the first 30 business days
after receiving the request for review. The licensee shall provide
this additional information within 30 business days of receiving the
request from the department. If the regional manager determines that
the civil penalty was not assessed, or the finding of the deficiency
was not made, in accordance with applicable statutes or regulations
of the department, he or she may amend or dismiss the civil penalty
or finding of deficiency. The licensee shall be notified in writing
of the regional manager's decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.
(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within 15
business days of receipt of notice of the regional manager's
decision. The licensee may submit additional supporting documentation
that was unavailable at the time of appeal to the program
administrator within the first 30 business days after requesting that
appeal. If the department requires additional information from the
licensee, that information shall be requested within the first 30
business days after receiving the request for the appeal. The
licensee shall provide this additional information within 30 business
days of receiving the request from the department. If the program
administrator determines that the civil penalty was not assessed, or
the finding of the deficiency was not made, in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty or finding of deficiency. The
licensee shall be notified in writing of the program administrator's
decision within 60 business days of the date when all necessary
information has been provided to the department by the licensee. The
program administrator's decision is considered final and concludes
the licensee's administrative appeal rights regarding the appeal
conducted pursuant to this paragraph.
(m) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by Section 8
of Chapter 813 of the Statutes of 2014.
(n) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement and administer
the changes made by the act that added this subdivision through
all-county letters or similar written instructions until regulations
are adopted pursuant to the Administrative Procedure Act.
(o) This section shall become operative on July 1, 2015.