Amended by Stats. 1985, Ch. 1064, Sec. 4.
This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with 1597.30) may be cited as the California Child Day Care Facilities Act.
Article 1 - General Provisions and Definitions
California Health and Safety Code — §§ 1596.70-1596.7996
Showing inline text for up to 20 sections. Open a section link to read its full text.
Sections (32)
Amended by Stats. 1994, Ch. 690, Sec. 1. Effective January 1, 1995.
This chapter applies to Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30). This chapter also applies to Chapter 3.65 (commencing with Section 1597.70).
Amended by Stats. 2019, Ch. 244, Sec. 1. (SB 234) Effective January 1, 2020.
The Legislature finds all of the following:
(a)That child daycare facilities can contribute positively to a child’s emotional, cognitive, and educational development.
(b)That it is the intent of this state to provide a comprehensive, quality system for licensing child daycare facilities to ensure a quality childcare environment.
(c)That this system of licensure requires a special understanding of the unique characteristics and needs of the children served by child daycare facilities.
(d)That it is the intent of the Legislature to establish within the State Department of Social Services an organizational structure to separate licensing of child daycare facilities from those facility types administered under Chapter 3 (commencing with Section 1500).
(e)That good quality childcare services are an essential service for working parents.
(f)California has a tremendous shortage of regulated childcare, and only a small fraction of families who need childcare have it. Parents should be able to support their families without having to sacrifice their child’s well-being.
(g)With childcare, families have more options for jobs and education to improve their prospects. Good, affordable childcare gives
children a strong start and creates opportunities for families and communities.
Amended by Stats. 2019, Ch. 244, Sec. 2. (SB 234) Effective January 1, 2020.
The purposes of this act are to:
(a)Streamline the administration of childcare licensing and thereby increase the efficiency and effectiveness of this system.
(b)Encourage the development of licensing staff with knowledge and understanding of children and childcare needs.
(c)Provide providers of childcare with technical assistance about licensing requirements.
(d)Enhance consumer awareness of licensing requirements and the benefits of licensed childcare.
(e)Recognize that affordable, quality licensed childcare is critical to the well-being of parents and children in this state.
(f)Promote the development and expansion of regulated childcare.
Added by Stats. 1984, Ch. 1615, Sec. 9.
Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30).
Added by Stats. 1984, Ch. 1615, Sec. 9.
“Child” means a person who is under 18 years of age who is being provided care and supervision in a child day care facility, except where otherwise specified in this act.
Amended by Stats. 1994, Ch. 690, Sec. 2. Effective January 1, 1995.
“Child day care facility” means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family day care homes.
Amended by Stats. 2018, Ch. 574, Sec. 1. (AB 605) Effective January 1, 2019.
“Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers, and includes child care centers licensed pursuant to Section 1596.951.
Added by Stats. 1984, Ch. 1615, Sec. 9.
“Department” means the State Department of Social Services.
Added by Stats. 1984, Ch. 1615, Sec. 9.
“Director” means the Director of Social Services.
Added by Stats. 1994, Ch. 690, Sec. 3. Effective January 1, 1995.
“Employer-sponsored child care center” means any child day care facility at the employer’s site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer.
Added by Stats. 2004, Ch. 358, Sec. 3. Effective January 1, 2005.
(a)“Probation” means the period of time that a licensed child day care facility is required to comply with specific terms and conditions set forth by the department in order to stay or postpone the revocation of the facility’s license.
(b)“Revocation” means an administrative action taken by the department to void or rescind the license of a child day care facility because of serious or chronic violations of licensing laws or regulations by the facility.
Added by Stats. 1996, Ch. 18, Sec. 1. Effective January 1, 1997.
The Legislature finds and declares all of the following:
(a)There is a severe shortage of child care for schoolage children throughout California, with many schoolage children going home to an empty, unsupervised setting after school.
(b)For nearly five years several counties have participated in a pilot program that allows for a family day care home to care for two additional children above the current number allowed pursuant to licensing regulations.
(c)As part of the pilot program, a study was conducted by the Assembly Office of Research. The results of the study demonstrated that the pilot program achieved all of the following results:
(1)Increased access to care for schoolage children.
(2)Participating providers encountered few problems and strongly support expansion of the program.
(3)Parents of children in the pilot program family day care homes strongly support the program.
(4)Participating providers with additional children were no more likely to receive substantiated complaints from licensing officials than nonparticipants.
(5)Local governments and planning officials saw little or no impact on their licensing policies and procedures.
(6)Overall quality of care was not adversely affected.
Amended by Stats. 2019, Ch. 244, Sec. 3. (SB 234) Effective January 1, 2020.
(a)“Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.
(b)“Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations.
(c)“Small family daycare
home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations.
(d)A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
Added by Stats. 2011, Ch. 471, Sec. 1. (SB 309) Effective January 1, 2012.
“Nonminor student” means a person 18 years of age or older who qualifies as an individual with exceptional needs, as defined in Section 56026 of the Education Code, and who qualifies for services from a regional center for persons with developmental disabilities, as a person with a developmental disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code. The terms “child,” “children,” or “minor,” as used in this chapter or Chapter 3.5 (commencing with Section 1596.90), may also include a nonminor student enrolled or retained at a schoolage child care center.
Amended by Stats. 1994, Ch. 1010, Sec. 155. Effective January 1, 1995.
“Person” means an individual, partnership, association, corporation, limited liability company, or governmental entity, such as the state, a county, city, special district, school district, community college district, chartered city, or chartered city and county.
Added by Stats. 1984, Ch. 1615, Sec. 9.
“Planning agency” means the agency designated pursuant to Section 65100 of the Government Code.
Added by Stats. 1984, Ch. 1615, Sec. 9.
“Provider” means a person who operates a child day care facility and is licensed pursuant to Chapter 3.5 (commencing with Section 1596.90) or 3.6 (commencing with Section 1597.30).
Added by Stats. 2011, Ch. 471, Sec. 2. (SB 309) Effective January 1, 2012.
“Schoolage child care center” means a day care center or part of a day care center that provides nonmedical care and supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of schoolage children or nonminor students, or both, in a group setting for less than 24 hours per day.
Added by Stats. 2024, Ch. 933, Sec. 1. (AB 772) Effective January 1, 2025.
“Drop-in childcare center” means any daycare center, as defined in Section 1596.76, that exclusively offers a program of services for which there is no contract or agreement between any child’s authorized representative and the center for the regular or prearranged schedule of care for any child.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.