(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.
Credits
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.
History
1. Change without regulatory effect (Register 86, No. 29).
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).
This database is current through 5/10/24 Register 2024, No. 19.
