Section 1597.61 Of Chapter 3.6. Family Day Care Homes From California Health And Safety Code >> Division 2. >> Chapter 3.6.
1597.61
. (a) When the department determines that a family day care
home for children is operating without a license and notifies the
unlicensed provider of the requirement for the license, the licensing
agency may issue a cease and desist order only if it finds and
documents that continued operation of the facility will be dangerous
to the health and safety of the children or if a license held by the
facility has been revoked by the department within two years
preceding the determination of unlicensed operation. In all other
cases where the licensing agency determines such a facility is
operating without a license and notifies the unlicensed provider of
the requirements for the license, the licensing agency may issue a
cease and desist order only if the unlicensed provider does not apply
for a license within a reasonable time after the notice.
(b) If an unlicensed family day care home fails to respond to a
cease and desist order issued pursuant to subdivision (a), or if the
department determines it necessary to protect the immediate health
and safety of the children, the licensing agency may bring an action
to enjoin such a home from continuing to operate pursuant to Section
1596.89.
(c) The district attorney of a county shall, upon application by
the department, institute and conduct the prosecution of any action
brought by the licensing agency against an unlicensed family day care
home located in that county.