Cal. Code Regs. Tit. 22, § 102417 - Operation of a Family Child Care Home
(a) The licensee shall be present in the home
and shall ensure that children in care are supervised at all times. When
circumstances require the licensee to be temporarily absent from the home, the
licensee shall arrange for a substitute adult to care for and supervise the
children during his/her absence. Temporary absences shall not exceed 20 percent
of the hours that the facility is providing care per day.
(b) The home shall be kept clean and orderly,
with heating and ventilation for safety and comfort.
(c) The home shall maintain telephone
service.
(d) The home shall provide
safe toys, play equipment and materials.
(1)
Fixtures, furniture, and equipment that have been banned or recalled by the
United States Consumer Product Safety Commission shall not be used for children
in care or accessible to children in care.
(e) When a child shows signs of illness
he/she shall be separated from other children and the nature of the illness
determined. If it is a communicable disease he/she shall be separated from
other children until the infectious stage is over.
(f) If food is brought from the children's
homes, the container shall be labeled with the child's name and properly stored
or refrigerated.
(g) The home shall
be free from defects or conditions which might endanger a child. Safety
precautions shall include but not be limited to:
(1) Fireplaces and open-face heaters shall be
screened to prevent access by children. The home shall contain a fire
extinguisher and smoke detector device which meet standards established by the
State Fire Marshal.
(2) Gas heaters
shall be properly vented and permanently installed.
(3) Where children less than five years old
are in care, stairs shall be fenced or barricaded.
(4) Poisons, detergents, cleaning compounds,
medicines , firearms and other items which could pose a danger if readily
available to children shall be stored where they are inaccessible to children.
(A) Storage areas for poisons, firearms and
other dangerous weapons shall be locked.
(B) In lieu of locked storage of firearms,
the licensee may use trigger locks or remove the firing pin.
1. Firing pins shall be stored and locked
separately from firearms.
(C) Ammunition shall be stored and locked
separately from firearms.
(5) All licensees shall ensure the
inaccessibility of pools (in-ground and above-ground), fixed-in-place wading
pools, hot tubs, spas, fish ponds and similar bodies of water through a pool
cover or by surrounding the pool with a fence.
(A) Fences shall be at least five feet high
and shall be constructed so that the fence does not obscure the pool from view.
The bottom and sides of the fence shall comply with Division 1, Appendix
Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the
aforementioned requirements for fences, gates shall swing away from the pool,
self-close and have a self-latching device located no more than six inches from
the top of the gate. Pool covers shall be strong enough to completely support
the weight of an adult and shall be placed on the pool and locked while the
pool is not in use.
1. If licensed prior to
June 1, 1995, facilities with existing pool fencing shall be exempt from the
fencing requirements specified in Section
102417(g)(5)(A)
until such fence is replaced or structurally altered. If the licensee replaces
or alters the fence, it shall be required to meet these
requirements.
(B) Where
an above-ground pool structure is used as the fence or where the fence is
mounted on top of the pool structure, the pool shall be made inaccessible when
not in use by removing or making the ladder inaccessible or erecting a
barricade to prevent access to decking. If a barricade is used, the barricade
shall meet the requirements of Section
102417(g)(5)(A).
(6) Outdoor play areas shall either be
fenced, or outdoor play areas shall be supervised by the licensee or caregiver.
(A) Outdoor play areas shall not include any
area made inaccessible by fencing pursuant to Section
102417(g)(5).
(B) Where natural or man-made hazards such as
canals, cliffs, condemned buildings, creeks, ditches, lakes, ocean fronts,
mines, power lines, quarries, rivers, ravines, swamps, watercourses, and areas
subject to flooding lie on or adjacent to the facility premises, the outdoor
play area shall be inaccessible to such hazards.
1. Where a fence or wall is used to make the
outdoor play area inaccessible, the requirements of Section
102417(5)(A)
shall be met.
(7) An emergency information card shall be
maintained for each child and shall include the child's full name, telephone
number and location of a parent or other responsible adult to be contacted in
an emergency, the name and telephone number of the child's physician and the
parent's authorization for the licensee or registrant to consent to emergency
medical care.
(8) Each family child
care home shall have a current roster of children as specified in Health and
Safety Code Section
1596.841.
(9) Each family child care home shall have a
written disaster plan of action prepared on a form approved by the Department.
All children, age and ability permitting, and the provider, the assistant
provider, and other members of the household, shall be instructed in their
duties under the disaster plan. As their age and ability permit, newly enrolled
children shall be informed promptly of their duties as required in the plan.
(A) Each family child care home shall conduct
fire drills and disaster drills at least once every six months.
1. The licensee shall document the drills,
including the date and time of each drill. This documentation shall kept at the
family child care home.
(10) A baby walker shall not be allowed on
the premises of a family child care home in accordance with Health and Safety
Code Sections
1596.846(b) and
(c).
(h) Only drivers licensed for the type of
vehicle to be operated shall be permitted to transport children in
care.
(i) The manufacturer's rated
seating capacity of the vehicle shall not be exceeded.
(j) Motor vehicles used to transport children
in care shall be maintained in safe operating condition.
(k) All vehicle occupants must be secured in
an appropriate restraint system.
(2) Children
shall not be left in parked vehicles.
(l) When transporting infants in any motor
vehicle, the licensee shall secure the infants in a car seat, designed for
infants, which is secured in the vehicle in accordance with manufacturer's
instructions.
(m) The licensee or
registrant shall maintain one of the following:
(1) Liability insurance kept in force
covering injury to clients and guests in the amount of at least one hundred
thousand dollars ($100,000) per occurrence and three hundred thousand dollars
($300,000) in the total annual aggregate, sustained on account of the
negligence of the licensee or its employees.
(2) A bond in the aggregate amount of three
hundred thousand dollars ($300,000).
(3) A file of affidavits signed by each
parent with a child enrolled in the home. The affidavit shall state that the
parent has been informed that the family child care home does not carry
liability insurance or a bond according to standards established by the state.
(A) If the provider does not own the premises
used as the family child care home, the affidavit shall also state that the
parent has been informed that the liability insurance, if any, of the owner of
the property or the homeowners' association, as appropriate, may not provide
coverage for losses arising out of, or in connection with, the operation of the
family child care home, except to the extent that the losses are caused by , or
result from, an act or omission by the owner of the property of the homeowners'
association, for which the owner of the property or the homeowners' association
would otherwise be liable under the law.
(B) These affidavits shall be on a form
provided by the Department and shall be reviewed at each licensing
inspection.
(C) For purposes of
Sections 102417(m) and
(n), "homeowners' association" is an
association of a common interest development, as defined in Section
1351 of the
Civil Code.
(n)
A family child care home that maintains liability insurance or a bond pursuant
to Section
102417(b)(1) or
(2), and that provides care in premises that
are renewed or leased or uses premises which share common space governed by a
homeowners' association, shall name the owner of the property or the
homeowners' association, as appropriate, as an additional insured party on the
liability insurance policy or bond if all of the following conditions are met:
(1) The owner of the property or governing
body of the homeowners' association makes a written request to be added as an
additional insured party.
(2) The
addition of the owner of the property or the homeowners' association does not
result in cancellation or nonrenewal of the insurance policy or bond carried by
the family day care home.
(3) Any
additional premium assessed for this coverage is paid by the owner of the
property or the homeowners' association.
(o) The licensee shall maintain documentation
of proof of control of property at the Family Child Care Home for review by the
Department.
(1) If the licensee owns or is
buying the home, "proof of control of property" is a copy of the property deed,
the property tax statement, or a payment coupon from the mortgage company or
bank.
(2) If the licensee is
operating on rented or leased property, "proof of control of property" is a
copy of the rental agreement or lease.
(p) A prospective Family Child Care Home
licensee who resides in a rental property shall provide written notice of
intent to operate a Family Child Care Home to the landlord or owner of the
rental property prior to the commencement of operation of the Family Child Care
Home in accordance with Section
1597.40(d)
of the Health and Safety Code. The licensee shall maintain proof of this
notification at the Family Child Care Home for review by the Department.
(1) The licensee shall provide the landlord
or owner of the rental property with a completed LIC 9151 (Rev. 8/14) Property
Owner/Landlord Notification, which is incorporated by reference, for this
purpose and maintain a copy of the completed form at the Family Child Care Home
for review by the Department.
(q) A licensee who operates on rented or
leased property, and who wishes to increase the capacity of the Family Child
Care Home as specified in Section
102416.5(b)(3) or
Section 102416.5(d)(2),
shall obtain the written consent of the property owner/landlord to increase the
home's capacity to eight or 14 children.
(1)
The licensee shall maintain the original of the completed and signed LIC 9149
(Rev. 8/14) Property Owner/Landlord Consent, which is incorporated by
reference, attached to the Family Child Care Home's license on file in the
home.
(r) A signed and
dated copy of LIC 9052 (4/88), Notice of Employee Rights, shall be maintained
in the employee's personnel record.
(s) Upon notice from the Department to remove
an individual from the home, pursuant to Health and Safety Code Section
1596.871(c)(2),
or to exclude an individual from the home, pursuant to Health and Safety Code
Section
1596.8897,
the licensee shall;
(1) Immediately remove
the individual and prevent the individual from returning to the home or having
contact with children in care.
(2)
Provide a copy of the Addendum to Notification of Parent's Rights (Regarding
Removal/Exclusion) (LIC 995B, Rev. 05/03) to one parent or authorized
representative of every child currently in care within one day of receipt of
the notice and addendum from the Department.
(A) Upon notice from the Department that the
individual may return to the home, provide a copy of the Addendum to
Notification of Parent's Rights (Regarding Reinstatement) (LIC 995C, Rev.
03/01) to one parent or authorized representative of every child currently in
care within one day of receipt of the notice and addendum from the
Department.
(3) Obtain a
signed and dated receipt from one parent or authorized representative that
acknowledges that he/she was given a copy of the addendum specified in Section
102417(s)(2).
(4) Maintain copies of the signed and dated
receipt required in Section
102417(s)(3) in
each child's file. Copies shall be made available to the Department upon
request.
Notes
2. New subsections (h)-(k) filed 3-31-87; effective thirtieth day thereafter (Register 87, No. 14).
3. Change without regulatory effect of subsection (g) (Register 87, No. 43).
4. New subsection (m) filed 7-6-88; operative 8-5-88 (Register 88, No. 28).
5. New subsection (o) filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
6. Editorial correction of NOTE (Register 89, No. 44).
7. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
8. Change without regulatory effect amending subsections (g) and (m) and adopting subsections (m)(1)-(n)(3) and relettering of subsection (n) to (o) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
9. Amendment of subsection (g)(1) and NOTE filed 9-26-95; operative 10-26-95 (Register 95, No. 39).
10. Amendment of subsections (g)(5)-(g)(5)(A), new subsections (g)(5)(A)1.-(g)(5)(B), amendment of subsection (g)(6) and new subsections (g)(6)(A)-(g)(6)(B)1. filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
11. Editorial correction of subsection (g)(5)(A)1. (Register 97, No. 41).
12. Amendment of section heading, section and NOTE filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
13. New subsections (r)-(r)(4) and amendment of NOTE 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.
14. New subsections (r)-(r)(4) and amendment of NOTE 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.
15. New subsections (r)-(r)(4) and amendment of NOTE 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.
16. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (r)(2), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
17. Amendment of subsections (o)-(o)(2), new subsections (p)-(p)(1), subsection relettering, amendment of newly designated subsections (q)-(q)(1) and (s)(3)-(4) and amendment of NOTE filed 2-10-2016; operative 4-1-2016 (Register 2016, No. 7).
18. New subsection (d)(1) and amendment of NOTE filed 8-19-2020; operative 8-19-2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 34).
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.78, 1596.841, 1596.846, 1596.871, 1596.880, 1596.881, 1596.882, 1596.8897, 1597.30, 1597.40, 1597.44, 1597.45, 1597.46, 1597.465, 1597.531 and 1597.54, Health and Safety Code.
2. New subsections (h)-(k) filed 3-31-87; effective thirtieth day thereafter (Register 87, No. 14).
3. Change without regulatory effect of subsection (g) (Register 87, No. 43).
4. New subsection (m) filed 7-6-88; operative 8-5-88 (Register 88, No. 28).
5. New subsection (o) filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
6. Editorial correction of NOTE(Register 89, No. 44).
7. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
8. Change without regulatory effect amending subsections (g) and (m) and adopting subsections (m)(1)-(n)(3) and relettering of subsection (n) to (o) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
9. Amendment of subsection (g)(1) and Note filed 9-26-95; operative 10-26-95 (Register 95, No. 39).
10. Amendment of subsections (g)(5)-(g)(5)(A), new subsections (g)(5)(A)1.-(g)(5)(B), amendment of subsection (g)(6) and new subsections (g)(6)(A)-(g)(6)(B)1. filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
11. Editorial correction of subsection (g)(5)(A)1. (Register 97, No. 41).
12. Amendment of section heading, section and Note filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
13. New subsections (r)-(r)(4) and amendment of Note 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.
14. New subsections (r)-(r)(4) and amendment of Note 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.
15. New subsections (r)-(r)(4) and amendment of Note 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.
16. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (r)(2), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
17. Amendment of subsections (o)-(o)(2), new subsections (p)-(p)(1), subsection relettering, amendment of newly designated subsections (q)-(q)(1) and (s)(3)-(4) and amendment of Note filed 2-10-2016; operative
18. New subsection (d)(1) and amendment of Note filed 8-19-2020; operative
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