Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In accordance
with the child care center's individual program, policies and needs, the
licensee shall develop, implement and maintain an admission procedure that
enables the person in charge of admissions to:
(1) Determine that the child meets the child
care center's admission criteria.
(2) Conduct one or more personal interviews
with the child's parent or authorized representative that meets the following
requirements:
(A) Enables the person
responsible for admissions to understand the state of the child's health and
physical and emotional development, and to assess whether the child care center
can meet the child's needs.
(B)
Provides the child's parent or authorized representative with information about
the child care center that shall at least include the child care center's
admission policies and procedures, activities, services, regulations, hours and
days of operation, fees, procedures to be followed should the child become ill
or injured while at the child care center, and procedures for conducting
inspections for illness.
(3) Obtain all identifying information
specified in Section
101221(b).
(4) Obtain all health information specified
in Section
101220.
(b) At the time of acceptance of each child
in care, the licensee shall inform each child's parent or authorized
representative of his/her rights that include, but are not limited to, the
following:
(1) To enter and inspect the child
care center in accordance with Health and Safety Code Section
1596.857.
(2) To file a complaint
against the licensee with the local licensing office in accordance with Health
and Safety Code Section 1596.853.
(3) To review the child care center's public
file kept by the local licensing office in accordance with Health and Safety
Code Section 1596.859.
(4) To
review at the child care center, reports of licensing visits and substantiated
complaints against the licensee made during the last three years in accordance
with Health and Safety Code Section 1596.859.
(5) To complain to the local licensing office
and inspect the child care center without discrimination or retaliation in
accordance with Health and Safety Code Section 1596.857.
(6) To request in writing that a parent not
be allowed to visit a child or take a child from the child care center provided
the custodial parent has shown a certified copy of a court order pursuant to
Health and Safety Code Section 1596.857.
(7) To receive from the licensee upon request
the name, address and telephone number of the local licensing office in
accordance with Health and Safety Code Section 1596.874.
(8) To be informed by the licensee, upon
request, of the name and type of association to the child care center for any
adult who has been granted a criminal record exemption, and that the name of
the person may also be obtained by contacting the local licensing
office.
(c) The licensee
shall post the PUB 393 (8/02), Child Care Center Notification of Parents'
Rights Poster in a prominent, publicly accessible area in the child care center
at all times.
(d) The licensee
shall provide to the parent or authorized representative the LIC 995E (8/02),
Caregiver Background Check Process form.
(e) At the time of acceptance of each child
into care and for all children in care on August 7, 2002, the licensee shall
give each parent or authorized representative a copy of the Notification of
Parents' Rights (LIC 995 [8/02]) and the LIC 995E, Caregiver Background Check
Process form.
(1) The licensee shall request
the child's parent or authorized representative to sign and date the notice
acknowledgement-of-receipt statement at the bottom of the LIC 995 (8/02). The
bottom portion of this form must be kept in the child's file as proof that the
parent or authorized representative has been notified of his or her rights by
the child care center and received a copy of the LIC 995E, Caregiver Background
Check Process form.
(2) Whenever a
parent or authorized representative makes a request pursuant to Section
101218.1(b)(8),
the child care center shall note, date, and initial the request in the child's
file. The child care center shall request that the parent or authorized
representative also initial the notation documenting the request.
(3) Failure by the licensee to comply with
the requirements in Sections
101218.1(b)(8), (c), (d), (e), (e)(1), or
(e)(2) shall subject the licensee to civil
penalties pursuant to Section
101195.
1.
Renumbering and amendment of former section
101319.1 to section 101218.1 filed
9-14-98; operative 11-1-98 (Register 98, No. 38).
2. Amendment of
section heading, section and NOTE filed 8-7-2002 as an emergency; operative
8-7-2002 (Register 2002, No. 32). A Certificate of Compliance must be
transmitted to OAL by 12-5-2002 or emergency language will be repealed by
operation of law on the following day.
3. Amendment of section
heading, section and NOTE refiled 12-3-2002 as an emergency; operative
12-5-2002 (Register 2002, No. 49). A Certificate of Compliance must be
transmitted to OAL by 4-4-2003 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance
as to 12-3-2002 order transmitted to OAL 4-1-2003 and filed 5-12-2003 (Register
2003, No. 20).
Note: Authority cited: Section
1596.81,
Health and Safety Code. Reference: Sections
1596.72,
1596.73,
1596.81,
1596.853,
1596.857,
1596.859,
1596.874,
1597.05
and
1597.07,
Health and Safety Code.
