Cal. Code Regs. Tit. 22, § 101217 - Personnel Records
(a)
The licensee shall ensure that personnel records are maintained on the
licensee, administrator and each employee. Each personnel record shall contain
the following information:
(1) Employee's
full name.
(2) Driver's license
number if the employee is to transport children.
(3) Date of employment.
(4) A statement signed by the employee that
he/she is at least 18 years of age.
(5) Current home address and phone
number.
(6) Documentation of the
educational background, training and/or experience specified in this
chapter.
(7) Past experience,
including types of employment and former employers.
(8) Duties of the employee.
(9) Termination date if no longer employed by
the child care center.
(10) A
signed and dated copy of a Notice -- Employee Rights (LIC 9052
[3/03]).
(11) A health screening as
specified in Section
101216(g).
(12) Tuberculosis test documents as specified
in Section
101216(g).
(13) A signed statement regarding their
criminal record history as required by Section
101170(d).
(14) Documentation of either a criminal
record clearance or a criminal record exemption as required by Section
101170(e).
(b) Personnel records shall be maintained for
all volunteers and shall contain the following:
(1) A health statement as specified in
Section 101216(g).
(2) Tuberculosis test documents as specified
in Section
101216(g)(3).
(3) For volunteers that are required to be
fingerprinted pursuant to Section
101170:
(A) A signed statement regarding their
criminal record history as required by Section
101170(d).
(B) Documentation of either a criminal record
clearance or a criminal record exemption as required by Section
101170(e).
(c) All personnel 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 personnel unless the same
information is otherwise readily available in another document or format.
(A) Health-screening records and results of
tuberculosis tests as specified in Section
101216(g).
(B) Documentation of completion of health and
safety training as specified in Sections
101215.1(m),
101216(f), and
101216.1(i).
(C) Any other records containing current
emergency or health-related information for current
personnel.
(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.
(d) All personnel records shall be maintained
at the child care center and shall be available to the licensing agency for
review.
(1) The licensee may keep such records
in a central administrative location provided that they are readily available
to the Department at the child care center site as specified in section
101217(c).
(e) In all cases, personnel records shall
document the hours actually worked.
Notes
2. New subsection (a)(10) filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
3. Editorial correction of NOTE (Register 89, No. 44).
4. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
5. Editorial correction of subsection (a)(6) (Register 2002, No. 39).
6. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (a)(13)-(14) and (b)(3)(A)-(B), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
10. Amendment of subsections (a) and (a)(10), new subsections (c)-(c)(3), amendment of subsection (d)(1) 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, 1596.880, 1596.881 and 1596.882, Health and Safety Code.
2. New subsection (a)(10) filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
3. Editorial correction of NOTE (Register 89, No. 44).
4. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
5. Editorial correction of subsection (a)(6) (Register 2002, No. 39).
6. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (a)(13)-(14) and (b)(3)(A)-(B), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
10. Amendment of subsections (a) and (a)(10), new subsections (c)-(c)(3), amendment of subsection (d)(1) and amendment of Note filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
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