(a) In accordance with the child care center's individual program, policies and needs, the licensee shall develop, implement and maintain an admission procedure that enables the person in charge of admissions to:
(1) Determine that the child meets the child care center's admission criteria.
(2) Conduct one or more personal interviews with the child's parent or authorized representative that meets the following requirements:
(A) Enables the person responsible for admissions to understand the state of the child's health and physical and emotional development, and to assess whether the child care center can meet the child's needs.
(B) Provides the child's parent or authorized representative with information about the child care center that shall at least include the child care center's admission policies and procedures, activities, services, regulations, hours and days of operation, fees, procedures to be followed should the child become ill or injured while at the child care center, and procedures for conducting inspections for illness.
(3) Obtain all identifying information specified in Section 101221(b).
(4) Obtain all health information specified in Section 101220.
(b) At the time of acceptance of each child in care, the licensee shall inform each child's parent or authorized representative of his/her rights that include, but are not limited to, the following:
(1) To enter and inspect the child care center 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 child care center's public file kept by the local licensing office in accordance with Health and Safety Code Section 1596.859.
(4) To review at the child care center, 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 child care center 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 child care center 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 upon request the name, address and telephone number of the local licensing office in accordance with Health and Safety Code Section 1596.874.
(8) To be informed by the licensee, upon request, of the name and type of association to the child care center 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.
(c) The licensee shall post the PUB 393 (8/02), Child Care Center Notification of Parents' Rights Poster in a prominent, publicly accessible area in the child care center at all times.
(d) The licensee shall provide to the parent or authorized representative the LIC 995E (8/02), Caregiver Background Check Process form.
(e) At the time of acceptance of each child into care and for all children in care on August 7, 2002, the licensee shall give each parent or authorized representative a copy of the Notification of Parents' Rights (LIC 995 [8/02]) and the LIC 995E, Caregiver Background Check Process form.
(1) The licensee shall request the child's parent or authorized representative to sign and date the notice acknowledgement-of-receipt statement at the bottom of the LIC 995 (8/02). 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 by the child care center and received a copy of the LIC 995E, Caregiver Background Check Process form.
(2) Whenever a parent or authorized representative makes a request pursuant to Section 101218.1(b)(8), the child care center shall note, date, and initial the request in the child's file. The child care center shall request that the parent or authorized representative also initial the notation documenting the request.
(3) Failure by the licensee to comply with the requirements in Sections 101218.1(b)(8), (c), (d), (e), (e)(1), or (e)(2) shall subject the licensee to civil penalties pursuant to Section 101195.
Credits
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81, 1596.853, 1596.857, 1596.859, 1596.874, 1597.05 and 1597.07, Health and Safety Code.
History
1. Renumbering and amendment of former section 101319.1 to section 101218.1 filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
2. 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.
3. 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.
4. Certificate of Compliance as to 12-3-2002 order transmitted to OAL 4-1-2003 and filed 5-12-2003 (Register 2003, No. 20).
This database is current through 5/10/24 Register 2024, No. 19.
