Title HSC — California Health & Safety Code

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.

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).

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 f…

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) P…

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).

“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.

“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-ho…

“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.

“Department” means the State Department of Social Services.

“Director” means the Director of Social Services.

“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, …

(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 ac…

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 h…

(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…

“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…

“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.

“Planning agency” means the agency designated pursuant to Section 65100 of the Government Code.

“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).

“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 stude…

“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 ca…

This chapter, Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not apply to any of the following: (a) Any health facility, as defined by Section 1250. (b) Any clinic, as defined by Section 1202. (c) Any community care facility, a…

(a) On or before July 1, 2019, the State Department of Education shall adopt new health and safety regulations under Title 5 of the California Code of Regulations that apply to California state preschool programs that meet the conditions specified in subdivision (o) of Section 15…

This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30) do not apply to recreation programs conducted for children by the YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys and Girls Clubs, Camp Fire USA, organized camps, o…

The department shall serve as the liaison to child day care facilities for the purposes of Sections 17608 to 17613, inclusive, of the Education Code.

(a) The smoking of a tobacco product in a private residence that is licensed as a family day care home shall be prohibited in the home and in those areas of the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting …

Notwithstanding any other provision of law, payments are not required to be made to any person who provides child care services and is exempt from the licensing requirements of this chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 15…

(a) Blood glucose testing for the purposes of monitoring a minor child diagnosed with diabetes may be performed in a child day care facility in accordance with paragraph (6) of subdivision (b) of Section 1241 of the Business and Professions Code. (b) Nothing in this section, or i…

(a) Notwithstanding any other provision of law, licensees and staff of a child day care facility may administer inhaled medication to a child if all of the following requirements are met: (1) The licensee or staff person has been provided with written authorization from the minor…

(a) (1) On or before July 1, 2027, the department, in consultation with the Emergency Medical Services Authority (EMSA) and the State Department of Education, shall establish an anaphylactic policy that sets forth guidelines and procedures recommended for child day care facility …

(a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be required to do either of the following: (1) Verify children’s immunizations or tuberculosis testing. (2) Maintain files regarding children’s immunizations or tuberculosis testing. (b) Up…

(a) (1) Commencing September 1, 2016, a person shall not be employed or volunteer at a day care center if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1…

(a) A licensed child day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information, to be developed by the department, in consultation with the State Department of Public Health, on all of the following: (1) Risks and ef…

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.

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 subdi…

(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 dat…

(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 prog…

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.

(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 h…

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 …

(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, se…

(a) A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing ag…

(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 pur…

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.

(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 …

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.

(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 Deput…

(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, writt…

(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 …

(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 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 (commenci…