Cal. Code Regs. Tit. 22, § 102419 - Admission Procedures and Parental and Authorized Representative's Rights

(a) The licensee shall inform parents or authorized representatives of children in care of their rights, which include, but are not limited to, the following:

(1) To enter and inspect the family child care home in accordance with Health and Safety Code Section 1596.857.

(2) To file a complaint against the licensee with the local licensing office in accordance with Health and Safety Code Section 1596.853.

(3) To review the family child care home's public file kept by the local licensing office in accordance with Health and Safety Code Section 1596.859.

(4) To review at the family child care home, reports of licensing visits and substantiated complaints against the licensee made during the last three years in accordance with Health and Safety Code Section 1596.859.

(5) To complain to the local licensing office and inspect the family child care home without discrimination or retaliation in accordance with Health and Safety Code Section 1596.857.

(6) To request in writing that a parent not be allowed to visit a child or take a child from the family child care home, provided the custodial parent has shown a certified copy of a court order pursuant to Health and Safety Code Section 1596.857.

(7) To receive from the licensee the name, address and telephone number of the local licensing office in accordance with Section 1596.874.

(8) To be informed by the licensee, upon request, of the name and type of association to the family child care home for any adult who has been granted a criminal record exemption, and that the name of the person may also be obtained by contacting the local licensing office.

(b) The licensee shall post the PUB 394 (8/02), Family Child Care Home Notification of Parents' Rights Poster in a prominent, publicly accessible area in the family child care home at all times children are in care.

(c) The licensee shall provide to the parent or authorized representative the LIC 995E (6/05), Caregiver Background Check Process form.

(d) At the time of acceptance of each child into care, the licensee shall provide the child's parent or authorized representative with a copy of the notice Family Child Care Home Notification of Parents' Rights, LIC 995A (8/06), the Caregiver Background Check Process, LIC 995E (6/05), and the Family Child Care Consumer Awareness Information, LIC 9212 (10/05).

(1) The licensee shall request the child's parent or authorized representative to sign and date the bottom portion of the notice form LIC 995A (8/06), which acknowledges that the parent or authorized representative has received and read the LIC 995A. The bottom portion of this form must be kept in the child's file as proof that the parent or authorized representative has been notified of his or her rights and received a copy of the Caregiver Background Check Process, LIC 995E (6/05), and the Family Child Care Consumer Awareness Information, LIC 9212 (10/05).

(2) Whenever a parent or authorized representative makes a request pursuant to Section 102419(a)(8), the licensee shall note, date, and initial the request in the child's file. The licensee shall request that the parent or authorized representative also initial the notation documenting the request.

(3) Reserved

(A) Upon a finding of noncompliance with a plan of correction for violation of Sections 102419(a)(8), (b), (c), (d), (d)(1), or (d)(2), the Department shall impose a civil penalty of fifty dollars ($50) per day until the deficiency is corrected.

(B) Regardless of whether the licensee complies with an initial plan of correction in the time allotted, if the licensee subsequently violates any provision of Sections 102419(a)(8), (b), (c), (d), (d)(1), or (d)(2) within 12 months of the initial citation, the Department shall assess a civil penalty of $150 plus an assessment of $50 per day until the deficiency is corrected.

(C) Regardless of whether the licensee complies with the deficiency in Section 102419(b)(3)(B), if the licensee subsequently violates any provision of Sections 102419(a)(8), (b), (c), (d), (d)(1), or (d)(2) within 12 months of the citations and assessment in Section 102419(b)(3)(B), the Department shall assess a civil penalty of $150 plus an assessment of $150 per day until the deficienacy is corrected.

(e) Upon presenting identification, the parent or authorized representative of a child in care has the right to enter and inspect the family child care home without advance notice during the family child care home's normal operating hours.

(1) When inspecting the family child care home, the parent or authorized representatives shall be respectful of the children's routines and programmed activities.

(f) No family child care home shall discriminate or retaliate against any child or any child's parent or authorized representative because the parent or authorized representative has exercised his or her right to inspect the family child care home or has lodged a complaint with the Department against the family child care home.

(1) If the licensee denies a parent or authorized representative the right to enter and inspect the family child care home or retaliates against any child or any child's parent or authorized representative, the Department shall issue the licensee a warning citation.

(2) For any subsequent violation of this right, the Department shall take appropriate action including, but not limited to, license revocation and imposition of a civil penalty upon the home of fifty dollars ($50) per violation.

(3) The person present who is in charge of the family child care home shall determine whether to deny access to the following:

(A) An adult whose behavior presents a risk to children present in the home; and

(B) A parent who is subject to a court order denying him/her contact with the child if so requested by the child's parent or authorized representative.

(g) If a child's parent or authorized representative refuses to sign the LIC 995A (8/06), a dated notation to that effect, containing the parent or authorized representative's name and telephone number, shall be kept in the child's record.

(h) The licensee shall provide a copy of the Department issued Addendum to Notification of Parent's Rights (Regarding Removal/Exclusion) (LIC 995B Rev. 05/03) sent by the Department, that is still in effect, to one parent or authorized representative of every child when the parent or authorized representative arranges for child care services or on the first day the child receives care, whichever is first.

(1) Upon notice from the Department that the excluded/removed individual may return to the facility, the licensee shall 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 in care within one day of receipt of the notice and addendum from the Department.

(2) The licensee may provide the parent or authorized representative with the Family Child Care Home Explanation of Removals/Exclusions and Reinstatement, LIC 995D (5/03).

(i) The licensee shall 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 Sections 102419(h) and (h)(1) and maintain copies of the receipt in each child's record for the time period specified in Section 102421(a)(1).

(j) Copies of the signed receipt shall be available to the Department as provided in Section 102391(d).

Notes

Cal. Code Regs. Tit. 22, § 102419

1. Amendment filed 1-12-88; operative 2-11-88 (Register 88, No. 4).
2. Change without regulatory effect amending subsections (b)-(b)(2) and adopting subsections (c)-(d)(3)(B) and relettering of subsection (c) to (e) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
3. Amendment filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
4. Amendment of section heading, section and NOTE filed 8-7-2002 as an emergency; operative 8-7-2002 (Register 2002, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-5-2002 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, section and NOTE refiled 12-3-2002 as an emergency; operative 12-5-2002 (Register 2002, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-3-2002 order transmitted to OAL 4-1-2003 and filed 5-12-2003 (Register 2003, No. 20).
7. New subsections (h)-(j) 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.
8. New subsections (h)-(j) 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.
9. New subsections (h)-(j) 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.
10. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (h), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
11. Amendment of section and NOTE filed 8-11-2006; operative 9-10-2006 (Register 2006, No. 32).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.853, 1596.857, 1596.859, 1596.874, 1597.07, 1597.30 and 1597.56, Health and Safety Code.

1. Amendment filed 1-12-88; operative 2-11-88 (Register 88, No. 4).
2. Change without regulatory effect amending subsections (b)-(b)(2) and adopting subsections (c)-(d)(3)(B) and relettering of subsection (c) to (e) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
3. Amendment filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
4. Amendment of section heading, section and Note filed 8-7-2002 as an emergency; operative 8-7-2002 (Register 2002, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-5-2002 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, section and Note refiled 12-3-2002 as an emergency; operative 12-5-2002 (Register 2002, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-3-2002 order transmitted to OAL 4-1-2003 and filed 5-12-2003 (Register 2003, No. 20).
7. New subsections (h)-(j) 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.
8. New subsections (h)-(j) 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.
9. New subsections (h)-(j) 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.
10. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (h), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
11. Amendment of section and Note filed 8-11-2006; operative 9-10-2006 (Register 2006, No. 32).