Section 1597.531 Of Chapter 3.6. Family Day Care Homes From California Health And Safety Code >> Division 2. >> Chapter 3.6.
1597.531
. (a) All family day care homes for children shall maintain
in force either liability insurance covering injury to clients and
guests in the amount of at least one hundred thousand dollars
($100,000) per occurrence and three hundred thousand dollars
($300,000) in the total annual aggregate, sustained on account of the
negligence of the licensee or its employees, or a bond in the
aggregate amount of three hundred thousand dollars ($300,000). In
lieu of the liability insurance or the bond, the family day care home
may maintain a file of affidavits signed by each parent with a child
enrolled in the home which meets the requirements of this
subdivision. The affidavit shall state that the parent has been
informed that the family day care home does not carry liability
insurance or a bond according to standards established by the state.
If the provider does not own the premises used as the family day care
home, the affidavit shall also state that the parent has been
informed that the liability insurance, if any, of the owner of the
property or the homeowners' association, as appropriate, may not
provide coverage for losses arising out of, or in connection with,
the operation of the family day care home, except to the extent that
the losses are caused by, or result from, an action or omission by
the owner of the property or the homeowners' association, for which
the owner of the property or the homeowners' association would
otherwise be liable under the law. These affidavits shall be on a
form provided by the department and shall be reviewed at each
licensing inspection.
(b) A family day care home that maintains liability insurance or a
bond pursuant to this section, and that provides care in premises
that are rented or leased or uses premises which share common space
governed by a homeowners' association, shall name the owner of the
property or the homeowners' association, as appropriate, as an
additional insured party on the liability insurance policy or bond if
all of the following conditions are met:
(1) The owner of the property or governing body of the homeowners'
association makes a written request to be added as an additional
insured party.
(2) The addition of the owner of the property or the homeowners'
association does not result in cancellation or nonrenewal of the
insurance policy or bond carried by the family day care home.
(3) Any additional premium assessed for this coverage is paid by
the owner of the property or the homeowners' association.
(c) As used in this section, "homeowners' association" means an
association of a common interest development, as defined in Sections
4080 and 4100 of the Civil Code.