(a) The licensee shall ensure that a separate, complete and current record for each child is maintained in the child care center.
(b) Each record shall contain information including, but not limited to, the following:
(1) Name of child.
(2) Birthdate.
(3) Sex.
(4) Date of Admission.
(5) Name, address and telephone number of the child's authorized representative and of relatives or others who can assume responsibility for the child if the authorized representative cannot be reached when necessary.
(6) A signed copy of the admission agreement specified in Section 101219.
(7) Name, address and telephone number of the child's physician and dentist and any other medical/dental or mental health providers.
(8) Medical assessment, including ambulatory status as specified in Section 101220, and the following health information:
(A) Dietary restrictions and allergies.
(B) Instructions for action to be taken in case the child's authorized representative, or the physician designated by the authorized representative, cannot be reached in an emergency.
(C) A signed consent form for emergency medical treatment unless the child's authorized representative has signed the statement specified in Section 101220(f).
(9) Record of any illness or injury requiring treatment by a physician or dentist and for which the center provided assistance to the child in meeting his/her necessary medical or dental needs.
(10) Record of current medications, including the name of the prescribing physician, and instructions, if any, regarding control and custody of medications.
(11) Signed and dated authorization from the child's authorized representative for each activity away from the center.
(12) Date of termination of services.
(c) All information and records obtained from or regarding children shall be confidential.
(1) The licensee shall be responsible for safeguarding the confidentiality of record contents.
(2) Except as specified in (d) below, or as otherwise authorized by law, the licensee and all employees shall not reveal or make available confidential information.
(d) All children's 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 children in care unless the same information is otherwise readily available in another document or format:
(A) Name, address and telephone number of the child's authorized representative, and of relatives or others who can assume responsibility for the child if the authorized representative cannot be reached, as specified in Section 101221(a)(5).
(B) Name, address and telephone number of the child's physician, dentist and any other health-care providers as specified in Section 101221(a)(7).
(C) Medical assessment and other information as specified in Section 101221(a)(8).
(D) Records of any current illness or injury as specified in Section 101221(a)(9).
(E) Record of current medications as specified in Section 101221(a)(10).
(F) Any current authorizations for children's activities away from the center as specified in Section 101221(a)(11).
(G) Immunization records as specified in Section 101220.1(g).
(H) Any other records containing current emergency or health-related information for current children in care.
(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.
(e) A child's records shall also be open to inspection by the child's authorized representative.
(f) The information specified in (b)(1) through (b)(12) above shall be updated as necessary to ensure the accuracy of the child's record.
(g) Originals or photocopies of all children's records shall be kept for at least three years following termination of service to the child.
(h) The licensee shall provide the name, address and telephone number of the child's authorized representative to a peace officer as specified in Health and Safety Code Section 1596.876.
Credits
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.857, 1596.876 and 1597.05, Health and Safety Code; and Golden Day Schools, Inc. v. Pirillo (C.D. Cal 2000) 118 F.Supp.2nd 1037.
History
1. Change without regulatory effect (Register 86, No. 29).
2. Amendment of section and Note filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. Amendment of subsections (a) and (d)-(d)(1), new subsections (d)(1)(A)-(e), subsection relettering 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.
