Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The licensee shall ensure that a
separate, complete and current record for each child is maintained in the child
care center.
(b) Each record shall
contain information including, but not limited to, the following:
(1) Name of child.
(2) Birthdate.
(3) Sex.
(4) Date of Admission.
(5) Name, address and telephone number of the
child's authorized representative and of relatives or others who can assume
responsibility for the child if the authorized representative cannot be reached
when necessary.
(6) A signed copy
of the admission agreement specified in Section
101219.
(7) Name, address and telephone number of the
child's physician and dentist and any other medical/dental or mental health
providers.
(8) Medical assessment,
including ambulatory status as specified in Section
101220, and the following health
information:
(A) Dietary restrictions and
allergies.
(B) Instructions for
action to be taken in case the child's authorized representative, or the
physician designated by the authorized representative, cannot be reached in an
emergency.
(C) A signed consent
form for emergency medical treatment unless the child's authorized
representative has signed the statement specified in Section
101220(f).
(9) Record of any illness or injury requiring
treatment by a physician or dentist and for which the center provided
assistance to the child in meeting his/her necessary medical or dental
needs.
(10) Record of current
medications, including the name of the prescribing physician, and instructions,
if any, regarding control and custody of medications.
(11) Signed and dated authorization from the
child's authorized representative for each activity away from the
center.
(12) Date of termination of
services.
(c) All
information and records obtained from or regarding children shall be
confidential.
(1) The licensee shall be
responsible for safeguarding the confidentiality of record contents.
(2) Except as specified in (d) below, or as
otherwise authorized by law, the licensee and all employees shall not reveal or
make available confidential information.
(d) All children's records shall be available
to the Department to inspect, audit, and copy upon demand during normal
business hours. Records may be removed if necessary for copying. Removal of
records shall be subject to the following requirements:
(1) Licensing representatives shall not
remove the following current records for current children in care unless the
same information is otherwise readily available in another document or format:
(A) Name, address and telephone number of the
child's authorized representative, and of relatives or others who can assume
responsibility for the child if the authorized representative cannot be
reached, as specified in Section
101221(a)(5).
(B) Name, address and telephone number of the
child's physician, dentist and any other health-care providers as specified in
Section 101221(a)(7).
(C) Medical assessment and other information
as specified in Section
101221(a)(8).
(D) Records of any current illness or injury
as specified in Section
101221(a)(9).
(E) Record of current medications as
specified in Section
101221(a)(10).
(F) Any current authorizations for children's
activities away from the center as specified in Section
101221(a)(11).
(G) Immunization records as specified in
Section 101220.1(g).
(H) Any other records containing current
emergency or health-related information for current children in
care.
(2) Prior to
removing any records, a licensing representative shall prepare a list of the
records to be removed, sign and date the list upon removal of the records, and
leave a copy of the list with the administrator or designee.
(3) Licensing representatives shall return
the records undamaged and in good order within three business days following
the date the records were removed.
(e) A child's records shall also be open to
inspection by the child's authorized representative.
(f) The information specified in (b)(1)
through (b)(12) above shall be updated as necessary to ensure the accuracy of
the child's record.
(g) Originals
or photocopies of all children's records shall be kept for at least three years
following termination of service to the child.
(h) The licensee shall provide the name,
address and telephone number of the child's authorized representative to a
peace officer as specified in Health and Safety Code Section
1596.876.
1. Change
without regulatory effect (Register 86, No. 29).
2. Amendment of
section and NOTE filed 9-14-98; operative 11-1-98 (Register 98, No.
38).
3. Amendment of subsections (a) and (d)-(d)(1), new subsections
(d)(1)(A)-(e), subsection relettering and amendment of NOTE filed 5-9-2005;
operative 6-8-2005 (Register 2005, No. 19).
Note: Authority cited: Section 1596.81, Health and Safety
Code. Reference: Sections 1596.72, 1596.73, 1596.857, 1596.876 and 1597.05,
Health and Safety Code; and Golden Day Schools, Inc. v. Pirillo (C.D. Cal 2000)
118 F.Supp.2nd 1037.
