Article 2 - Administration of Child Day Care Licensing

California Health and Safety Code — §§ 1596.80-1596.879

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Sections (64)

Amended by Stats. 1986, Ch. 1016, Sec. 7.

No person, firm, partnership, association, or corporation shall operate, establish, manage, conduct, or maintain a child day care facility in this state without a current valid license therefor as provided in this act.

Added by Stats. 2023, Ch. 631, Sec. 1. (SB 722) Effective January 1, 2024.

Notwithstanding any other law, on or before January 1, 2025, the department shall do all of the following:

(a)Create a template form for plans of operations.
(b)Create a template form for incidental medical services plans.
(c)Upon completion of the templates described in subdivisions (a) and (b), revise its regulations, notices, practices, and bulletins to eliminate any requirement that an incidental medical services plan or amended plan of operation be approved before a child with exceptional needs as defined in Section 8205 of the Education Code is allowed to attend a

child daycare or child development program.

(d)A licensed child daycare facility that submits to the department a completed incidental medical services plan using the form created pursuant to subdivision (b) may enroll a child prior to departmental approval of the plan.

Amended by Stats. 2014, Ch. 29, Sec. 28. (SB 855) Effective June 20, 2014.

(a)(1) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license to operate a child day care facility. After initial licensure, a fee shall be charged by the department annually, on each anniversary of the effective date of the license. The fees are for the purpose of financing activities specified in this chapter. Fees shall be assessed as follows, subject to paragraph (2):
(2)(A) The Legislature finds that all revenues generated by fees for licenses computed under this section and used for the purposes for which they were imposed are not subject to Article XIII B of the California Constitution.
(B)The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the appropriate fee amounts are charged. The department shall recommend to the Legislature that fees established by the Legislature be adjusted as necessary to ensure that the amounts are appropriate.
(b)(1) In addition to fees set

forth in subdivision (a), the department shall charge the following fees:

(A) A fee that represents 50 percent of an established application fee when an existing licensee moves the facility to a new physical address.

(B) A fee that represents 50 percent of the established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors.

(C) A fee of twenty-five dollars ($25) when an existing licensee seeks to either increase or decrease the licensed capacity of the facility.

(D) An orientation fee of twenty-five dollars ($25) for attendance by any individual at a department-sponsored family child day care home orientation session, and a fifty dollar ($50) orientation fee for attendance by any

individual at a department-sponsored child day care center orientation session.

(E) A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).

(F) A late fee that represents an additional 50 percent of the established current annual fee when any licensee fails to pay the current annual licensing fee on or before the due date as indicated by postmark on the payment.

(G) A fee to cover any costs incurred by the

department for processing payments including, but not limited to, bounced check charges, charges for credit and debit transactions, and postage due charges.

(H) A plan of correction fee of two hundred dollars ($200) when any licensee does not implement a plan of correction on or prior to the date specified in the plan.

(2)No local jurisdiction shall impose any business license, fee, or tax for the privilege of operating a small family day care home licensed under this act.
(c)(1) The revenues collected from licensing fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by licensees, and to support the activities of the licensing program, including, but not limited to, monitoring

facilities for compliance with licensing laws and regulations pursuant to this act, and other administrative activities in support of the licensing program, when appropriated for these purposes. The revenues collected shall be used in addition to any other funds appropriated in the annual Budget Act in support of the licensing program. The department shall adjust the fees collected pursuant to this section as necessary to ensure they do not exceed the costs described in this paragraph.

(2)The department shall not utilize any portion of these revenues sooner than 30 days after notification in writing of the purpose and use, as approved by the Department of Finance, to the Chairperson of the Joint Legislative Budget Committee, and the chairpersons of the committee in each house that considers appropriations for each fiscal year. The department shall submit a budget change proposal to justify any positions or any other related support costs on an

ongoing basis.

(d)A child day care facility may use a bona fide business or personal check to pay the license fee required under this section.
(e)The failure of an applicant for licensure or a licensee to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of a license.

Added by Stats. 2022, Ch. 916, Sec. 1. (AB 2827) Effective January 1, 2023.

(a)Notwithstanding any other law, on or before January 1, 2024, the department shall revise its regulations to meet both of the following requirements:
(1)Permit children with exceptional needs, as defined in Section 8205 of the Education Code, who are enrolled in separate programs or classrooms from nondisabled children to use outdoor play spaces simultaneously with nondisabled children without first seeking a waiver of Section 101238.2

of Title 22 of the California Code of Regulations.

(2)Specify any health and safety requirements that shall be met when simultaneous use of outdoor play spaces as described in paragraph (1) occurs.
(b)Notwithstanding the rulemaking provisions of 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 this section by means of an all-county letter or similar instruction. The all-county letter or similar instruction shall be issued on or before January 1, 2024.

Added by Stats. 1984, Ch. 1615, Sec. 9.

No person, firm, partnership, association, or corporation shall provide specialized services within a child day care facility in this state without first obtaining a special permit as provided in this act.

Amended by Stats. 2022, Ch. 571, Sec. 45. (AB 185) Effective September 27, 2022.

(a)A room used as a classroom by a schoolage childcare program shall not be required to meet the square footage or toilet requirements for child daycare centers if the program is operated on either of the following:
(1)A functioning schoolsite in the same facilities that have housed school children during the day, before

or after school hours, or before and after school hours.

(2)A functioning schoolsite in facilities certified as usable as a classroom for instruction. A building owned by a school district, the state, or the schoolage child care program may meet the certification requirement if either of the following is provided to the department:
(A)Evidence that the building was approved as a classroom by the Division of the State Architect.
(B)A certification statement signed by the superintendent of the schools, or

their designee, in the district where the schoolage childcare program is located, that the classroom building is of sufficient size to accommodate public instruction. The school district may make this certification regardless of the ownership of the classroom.

(b)School grounds, other than rooms used as classrooms, used by a schoolage childcare program operated on a functioning schoolsite pursuant to either paragraph (1) or (2) of subdivision (a) shall be exempt from all of the following requirements

imposed by the department on child

daycare facilities:

(1)Fencing, outdoor activity space, toilet, and isolation space requirements.
(2)Requirements to have exclusive use of the outdoor activity space or exclusive use of children’s rest rooms also used by students located on school grounds.
(c)The exemptions pursuant to subdivisions (a) and (b) shall continue during school vacation and intersession periods.
(d)(1) For purposes of this section, “schoolage

childcare program” means a program for children who are

currently enrolled in a school, including transitional kindergarten, as defined in Section 48000 of the Education Code, or are dependent children living within the same household as a child attending a school, operated by an entity that contracts with the school to provide staff and program.

(2)Notwithstanding the rulemaking provisions of 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 paragraph through letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted.

Amended by Stats. 2022, Ch. 571, Sec. 46. (AB 185) Effective September 27, 2022.

The State Department of Social Services, shall allow an extended daycare program, whether or not exempt from licensure pursuant to subdivision (h) of Section 1596.792, to serve additional children at that school site, so long as they are currently enrolled in a school, including transitional kindergarten, as defined in Section 48000 of the Education Code, and the number of additional children, including dependent children living within the same household as a child attending that school, does not exceed 15 percent of the total enrollment in the extended daycare program. In no case shall the enrollment of the extended daycare program exceed the enrollment during the regular schoolday.

Added by Stats. 2010, Ch. 593, Sec. 2. (AB 2084) Effective January 1, 2011.

(a)Commencing January 1, 2012, except as provided in subdivisions (b) and (c), a licensed child day care facility shall comply with all of the following requirements for beverages served by the day care provider to children in the provider’s care:
(1)Whenever milk is served, serve only lowfat (1 percent) milk or nonfat milk to children two years of age or older.
(2)Limit juice to not more than one serving per day of 100-percent juice.
(3)Serve no beverages with added sweeteners, either natural or artificial. “Beverages with added sweeteners” does not include infant formula or complete balanced nutritional products designed for children.
(4)Make clean and safe drinking water readily available and accessible for consumption throughout the day.
(b)If a child has a medical necessity documented by a physician that includes the need for “medical food” as defined by Section 109971 of the Health and Safety Code, a licensed child day care facility shall be exempt from complying with the requirements of subdivision (a), to the extent necessary to meet the medical needs of that child.
(c)This section shall not apply to beverages at a licensed child day care facility that are provided by a parent or legal guardian for his or her child.
(d)As the Dietary Guidelines for Americans, published jointly by the federal Department of Health and Human Services and the federal Department of Agriculture, are updated every five years, the department may adapt the provisions of this section by bulletin, as necessary, so that the standards continue to reflect the most recent relevant nutrition science and continue to improve the health of children in child care.
(e)The department shall only determine compliance with this section during a regularly scheduled, authorized inspection, and shall not be required to conduct separate and independent visits.

Amended by Stats. 1985, Ch. 1064, Sec. 9.

(a)The department shall adopt, amend, or repeal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code any rules and regulations which may be necessary to carry out this act.
(b)Licensing requirements adopted pursuant to Section 1530 shall only continue to be applicable to day care centers, and requirements adopted pursuant to Section 1597.51 shall continue to be applicable to family day care homes, until the department adopts regulations pursuant to this chapter.

Amended by Stats. 1996, Ch. 1023, Sec. 166. Effective September 29, 1996.

The department shall adopt regulations regarding immunization requirements for children enrolled in family day care homes in accordance with Chapter 1 (commencing with Section 120325) of Part 2 of Division 105.

Added by Stats. 2024, Ch. 745, Sec. 1. (AB 2866) Effective January 1, 2025.

(a)A licensed family daycare home operated at a private single-family dwelling with an in-ground swimming pool on the premises shall comply with all of the following requirements:
(1)The swimming pool shall be equipped

with, at minimum, the following drowning prevention safety features:

(A)An enclosure, including, but not limited to, a fence, wall, or other barrier that isolates the swimming pool from access to the family daycare home and

has all of the following characteristics:

(i)An access gate that opens away from the swimming pool and is self-closing with a self-latching, key lockable device placed no lower than 60 inches above the ground.

(ii) A minimum height of 60 inches.

(iii) A maximum vertical clearance of two inches from the ground to the bottom of the enclosure.

(iv) No gaps or voids that can allow the passage of a sphere with a diameter equal to or greater than four inches.

(v)An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child to climb over.

(vi) For mesh fencing that does not meet the above characteristics, the licensee must provide documentation that establishes the mesh fencing is compliant with the American Society for Testing and Materials (ASTM) International Standard F2286.

(B) In addition to the characteristics described in subparagraph (A), at least one of the following:

(i)(I) An approved safety pool cover that is manually or power operated and meets the performance standards of ASTM International Standard F1346-23.

(II) A licensee shall maintain and make available for inspection, upon request by the department, documentation that establishes the cover is compliant with ASTM International Standard F1346-23.

(ii) (I) An alarm

that, when placed in a swimming pool, will sound upon detecting an entrance into the water. The alarm shall be turned on and be in working condition during a facility’s operating hours while the swimming pool is not in use.

(II) A licensee shall maintain and make available for inspection, upon request by the department, documentation that establishes the alarm is compliant with ASTM International Standard F2208.

(2)The

licensee shall have the following safety equipment visible from the swimming pool and readily available for immediate use:

(A)A life ring with a minimum exterior diameter of 17

inches and labeled as approved by the United States Coast Guard.

(B)A rescue pole with a body hook and a minimum fixed length of 12 feet.
(3)A licensee shall perform a daily inspection of the drowning prevention safety features and safety equipment before opening the facility and maintain a log of the inspections to be provided to the

department

upon request.

(4)Other safety requirements as determined necessary by the department in regulations, or as determined in statute.
(b)A licensed daycare center with an in-ground swimming pool on the premises shall comply with all of the following requirements:
(1)The swimming pool shall be equipped with at least one of the following

drowning prevention safety features:

(A)An enclosure as described in

subparagraph (A) of paragraph (1) of subdivision (a).

(B)If the swimming pool is indoors, a self-closing door that has either a self-latching device no lower than 60 inches above the ground, or requires a key card, code, or other means to restrict opening.
(2)The swimming pool shall have a second, redundant feature that prevents children in the daycare center

from entering the pool area unattended.

(3)The licensee shall have the following safety equipment

visible from the swimming pool and readily available for immediate use:

(A)A life ring with a minimum exterior diameter of 17 inches with a United States Coast Guard approval label.
(B)A rescue pole with a body hook and a minimum fixed length of 12 feet.
(4)The licensee shall perform a

daily inspection of the drowning prevention safety features and safety equipment before opening the facility and maintain a log of the inspections to be provided to the department upon request.

(5)Other safety requirements as determined necessary by the department in regulations, or as determined in statute.
(c)The department shall adopt regulations implementing this section, in addition to regulations implementing drowning prevention safety standards for other bodies of water located at daycare facilities regulated by the department and not specified in this section, by January 1, 2027.
(d)Notwithstanding the rulemaking provisions of 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, interpret, make specific, and administer the changes made by this section by means of written directives that shall have the same force and effect as regulations, until January 1, 2027.

Added by Stats. 1989, Ch. 301, Sec. 2.

The department shall, on or before December 31, 1991, review all child care regulations of the department with respect to clarifying or eliminating vagueness and shall issue revised regulations if necessary to correct those defects.

Amended by Stats. 2006, Ch. 538, Sec. 362. Effective January 1, 2007.

(a)The Community Care Licensing Division of the department shall regulate child care licensees through an organizational unit that is separate from that used to regulate all other licensing programs. The chief of the child care licensing branch shall report directly to the Deputy Director of the Community Care Licensing Division.
(b)All child care regulatory functions of the licensing division, including the adoption and interpretation of regulations, staff training,

monitoring and enforcement functions, administrative support functions, and child care advocacy responsibilities shall be carried out by the child care licensing branch to the extent that separation of these activities can be accomplished without new costs to the department.

(c)Those persons conducting inspections of day care facilities shall meet qualifications approved by the State Personnel Board.
(d)The department shall notify the appropriate legislative committees whenever actual staffing levels of licensing program analysts within the child care licensing branch drops more than 10 percent below authorized positions.
(e)The budget for the child care licensing branch shall be included as a separate entry within the budget of the department.

Added by Stats. 2003, Ch. 403, Sec. 1. Effective January 1, 2004.

(a)When the department conducts a site visit of a licensed child day care facility, the department shall post on, or immediately adjacent to, the interior side of the main door into the facility and adjacent to the postings required pursuant to Section 1596.8595, a notice, written in at least 14-point type, that includes all of the following:
(1)The date of the site visit.
(2)Whether the facility was cited

for violating any state standards or regulations as a result of the site visit and which of the following categories was cited:

(A)A violation that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of children in care.
(B)A violation that, if not corrected, could become a risk to the health, safety, or personal rights of children, a recordkeeping violation that would impact the care of children, or a violation that would impact those services required to meet children’s needs.
(3)Whether the facility is required to post the site visit report for 30 consecutive days pursuant to Section 1596.8595.
(4)A statement explaining that copies of the site visit report, including, but not limited to,

violations noted in subparagraph (B) of paragraph (2), may be obtained by contacting the department and the telephone number to call in order to obtain a copy of the site visit report.

(5)The name and telephone number of a person in the department who may be contacted for further information about the site visit report.
(b)(1)  The notice posted pursuant to subdivision (a) shall remain posted for 30 consecutive days, except that a family day care home shall comply with the posting requirements contained in this subdivision only during the hours when clients are present.
(2)Failure by a licensed child day care facility or a family day care home to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100).

Added by Stats. 2008, Ch. 291, Sec. 19. Effective September 25, 2008.

(a)The department shall specify in its licensing report all violations that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of children in care.
(b)The department shall complete all complaint investigations and place a note of final conclusion in the department’s facility file, consistent with the confidentiality requirements of Section 1596.853, regardless of whether the licensee voluntarily surrendered his or her

license.

Amended by Stats. 2016, Ch. 823, Sec. 9. (AB 2231) Effective January 1, 2017.

(a)Except as otherwise prohibited by law, the department shall post licensing information on its Internet Web site as follows:
(1)For each child day care facility as defined in Section 1596.750, except family day care homes, the information shall include, but is not limited to, the name and address of the facility, the licensed capacity of the facility, the status of the license, and the number of site inspections, including the number of citations, substantiated and unsubstantiated complaint inspections, and noncomplaint inspections during the preceding five-year period.
(2)For each family day care home, the

information shall include, but is not limited to, the name of the home, the status of the license, and the number of site inspections, including the number of citations, substantiated and unsubstantiated complaint inspections, and noncomplaint inspections during the preceding five-year period.

(b)The department shall update the information posted under subdivision (a) on at least a monthly basis.

Added by Stats. 1984, Ch. 1615, Sec. 9.

The department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. If an agency also provides licensing, approval, or consultation responsibilities for the purpose of administering Chapter 3 (commencing with Section 1500), the agency shall maintain licensing staff positions distinct from those positions responsible for administering Chapter 3 (commencing with Section 1500). The department shall reimburse agencies for services performed pursuant to this section which shall not exceed actual cost.

Added by Stats. 1987, Ch. 1069, Sec. 8.

An applicant or licensee shall file his or her mailing address, in writing, with the department and, shall notify the department, in writing, of any change within 10 calendar days.

Amended by Stats. 1985, Ch. 1064, Sec. 11.

The department may issue provisional licenses to operate day care facilities which the director determines are in substantial compliance with the provisions of the licensure requirements and the rules and regulations adopted pursuant thereto, provided, that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the department’s rules and regulations. The provisional license shall expire six months from the date of issuance, or at such earlier time as the

director may determine. However, the director may extend the term of a provisional license for an additional six months time, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met. In no case shall a provisional license be issued for more than 12 months.

Added by Stats. 1985, Ch. 1312, Sec. 1.

Each child day care facility shall maintain a current roster of children who are provided care in the facility. The roster shall include the name, address, and daytime telephone number of the child’s parent or guardian, and the name and telephone number of the child’s physician. This roster shall be available to the licensing agency upon request.

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