California Code of Regulations
Title 22 - Social Security
Division 12 - Child Care Facility Licensing Regulations
Chapter 3 - Family Day Care Homes for Children
Article 4 - Enforcement Provisions
Section 102391 - Inspection Authority of the Department
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any duly authorized officer, employee, or agent of the Department shall, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, the regulations adopted by the Department governing family child care homes, and in accordance with Section 102396.
(b) The licensee shall permit the Department to inspect the family child care home, and to privately interview children or staff, to determine compliance with or to prevent violations of family child care laws or regulations. The Department shall exercise this authority as specified in Health and Safety Code Section 1596.8535(a).
(c) The licensee shall permit the Department to inspect any part of the family child care home in which family child care services are provided or to which children have access.
(d) The licensee shall permit the Department to inspect, audit, and copy children's records or other family child care home records 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. Change
without regulatory effect (Register 86, No. 29).
2. Amendment filed
8-17-88; operative 9-16-88 (Register 88, No. 34).
3. Change without
regulatory effect amending subsections (c), (d) and (e) filed 5-7-92 pursuant
to section 100, title 1, California Code of
Regulations (Register 92, No. 20).
4. Renumbering of former article
5 to article 4, renumbering of former section 102391 to new section
102401, and renumbering and
amendment of former section
102395 to new section 102391 filed
10-6-97; operative 11-5-97 (Register 97, No. 41).
5. Amendment of
section heading and subsection (b), new subsections (d)-(d)(3) 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, 1596.852, 1597.55a and 1597.55b, Health and Safety Code; Rush v. Obledo (9th Cir. 1985) 756 F.2d 713; and Golden Day Schools, Inc. v. Pirillo (C.D. Cal. 2000) 118 F. Supp. 2nd 1037.