Day Care CentersAdministration
Section § 1597.05
This law focuses on child day care centers in California, specifying what licensing reviews should include. It states that reviews should focus only on health and safety, not on educational programs. Child care centers have 30 days to gather certain records, like health examinations and immunization confirmations, when a new staff member is hired or a child is enrolled. If more time is needed due to factors outside the center's control, an extension can be requested. Importantly, no extra inspections will occur within this 30-day window for record checking. Additionally, within 90 days of hiring a new director, the center must verify and keep proof that the director has attended an orientation provided by the department.
Section § 1597.07
This law requires child day care facilities to have a written policy detailing staff qualifications, admission policies, program philosophy, and health practices. This policy must be shared with parents, who must sign an affidavit confirming they've read it. Additionally, with parental consent, the facility should provide a list of parents whose children use the facility.
Section § 1597.08
This law states that all site visits must happen without prior notice.
Section § 1597.09
This law requires licensed child day care centers in California to undergo unannounced inspections by the department to ensure quality care. Inspections occur annually in cases where the facility is on probation, there is a compliance plan, pending accusations, or to verify someone ordered out is gone.
Furthermore, the department must annually inspect at least 30% of other centers not under these conditions, using random sampling. Every licensed child day care center must be inspected at least once every three years, with a goal to move towards annual inspections by July 1, 2021.
Section § 1597.11
The law requires the department to inform the State Department of Education when a licensed child care or development facility has violations that could harm the health and safety of children. This notification must happen within 15 days of discovering the issues.
Section § 1597.13
The law requires that the department or a local agency in charge of licensing day care centers must decide on a license application within 30 days after getting all the necessary paperwork. This is only after they visit the site and ensure the center meets licensing standards. They also need to do an initial site visit within 30 days of receiving the completed application materials.
Section § 1597.14
This law covers the sale and licensing transfer process for a child day care center in California if the sale results in a new license being issued. The current licensee must notify both the licensing department and the parents or guardians of the children at least 30 days before the sale or when a genuine offer is made, whichever time frame is longer.
Additionally, the licensee must inform new admissions’ parents about the intended sale before signing any admission agreements. The sale cannot be finalized until the buyer qualifies for a new license. The seller must inform the buyer in writing about the need for a license and send a copy to the licensing agency.
The prospective buyer must submit a license application within five days after their offer is accepted. No transfer can occur until 30 days after the department is notified, and the department should prioritize handling these licenses within 60 days. If all parties comply with these rules, the facility can continue operating while the new license is processed without being considered unlicensed.
Section § 1597.15
This law permits the University of California to run a pilot project for up to 24 months, testing whether family daycare providers and childcare staff can safely administer gastrostomy tube feedings or medications through nebulizers to children.
The process involves specific precautions: oversight by a licensed medical professional, necessary interaction with experienced nurses, and required permission from the child's doctor.
The pilot's results are evaluated 18 months after starting, covering participation numbers, satisfaction, and the impact on children and staff's health and safety.
Additionally, the evaluation assesses training adequacy and costs, and determines if such procedures could be expanded statewide.
Note, the Regents of the University of California must agree to participate, and the project will be repealed two years after funding begins, unless extended by further legislation.
Section § 1597.16
This law requires child day care centers in California buildings built before 2010 to test their drinking water for lead from January 1, 2020, to January 1, 2023, and every five years afterward. They must use accredited labs to test the water and report results to the State Water Resources Control Board, which will make these results publicly available online. If high lead levels are found, centers must stop using affected faucets and supply safe drinking water, or they risk temporary license suspension. Parents must be notified about testing and results. The department must establish regulations by January 1, 2021, involving public input to ensure proper testing procedures, and can provide guidance documents until regulations are formalized.
Section § 1597.20
This section highlights several important points recognized by the California Legislature. Firstly, there's a significant need to provide more opportunities for children to participate in positive activities during after school hours. Secondly, staff members who can create engaging and meaningful programs for school-age children are crucial. Additionally, it mentions that California's juvenile incarceration rate is alarmingly high, being twice the national average and having risen substantially since 1975. The statement also points out a troubling increase in youth homicides between 1974 and 1990. Finally, it notes that American children, compared to the past, spend significantly less time with their parents each week.
Section § 1597.21
This law outlines the requirements for school-age day care centers in California. The State Department of Social Services allows childcare providers to swap training hours for educational units and lists specific areas of study for site directors and teachers, such as recreation or physical education. A site director must complete 12 units before starting work, with three more units within a year, and teachers must complete six units before starting. Experience can come from direct work with children or related fields like education or youth programs.
Alternative educational experiences, such as vocational training or professional training credits, are acceptable to meet educational requirements. Licenses for new programs at existing schools must be decided within 30 days. If delays occur, a provisional license may be granted for up to six months, provided all safety and clearance checks are completed.
Section § 1597.055
This section outlines the qualifications for someone to be hired as a teacher in a California daycare center without the regular educational requirements. To qualify, the person must be at least 18 years old, have a regional certificate in child care, complete specific hours of classroom instruction and field experience, have immunization or exemption proof, and a tuberculosis clearance. Once hired, the teacher must continue their education to become fully qualified, completing a minimum number of college units each semester. They will need supervision by a fully qualified teacher until certain educational milestones are reached.
Section § 1597.056
This law allows someone to be hired to provide extended day care for children at a day care center if they meet the qualifications to teach children of that grade level in a school district, even if they don't meet other educational requirements typically needed for day care providers.
Section § 1597.057
This law section states that individuals can meet the educational requirements to become a day care center teacher by obtaining a valid child development associate credential. The credential must be issued by the Child Development Associate National Credentialing Program for either preschool age (ages 3-5) or infant/toddler age (up to age 2) settings. These credentials must have standards as strict as those that were in place on January 1, 1988.
Section § 1597.059
This law requires the California Department of Social Services to set guidelines allowing a child care aide to help a qualified teacher supervise up to 18 preschoolers. The aide must take at least two college-level units in early childhood education each semester or quarter until they have completed six units.
"Preschool age children" refers to those enrolled in child day care centers but not in infant care or school-age centers based on specific regulations.
This law wasn't effective before June 30, 1993.
Section § 1597.091
This law requires the department to conduct annual surprise visits to 20% of licensed child day care centers, excluding those specifically for school-age children. These visits can happen anytime during the center's operating hours and must not interfere with the response to complaints. However, these requirements will only be implemented if there is enough funding available.