§ 102417. Operation of a Family Child Care Home.
22 CA ADC § 102417Barclays Official California Code of Regulations
22 CCR § 102417
§ 102417. Operation of a Family Child Care Home.
(a) The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day.
(A) Fences shall be at least five feet high and shall be constructed so that the fence does not obscure the pool from view. The bottom and sides of the fence shall comply with Division 1, Appendix Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the aforementioned requirements for fences, gates shall swing away from the pool, self-close and have a self-latching device located no more than six inches from the top of the gate. Pool covers shall be strong enough to completely support the weight of an adult and shall be placed on the pool and locked while the pool is not in use.
1. If licensed prior to June 1, 1995, facilities with existing pool fencing shall be exempt from the fencing requirements specified in Section 102417(g)(5)(A) until such fence is replaced or structurally altered. If the licensee replaces or alters the fence, it shall be required to meet these requirements.
(B) Where an above-ground pool structure is used as the fence or where the fence is mounted on top of the pool structure, the pool shall be made inaccessible when not in use by removing or making the ladder inaccessible or erecting a barricade to prevent access to decking. If a barricade is used, the barricade shall meet the requirements of Section 102417(g)(5)(A).
(B) Where natural or man-made hazards such as canals, cliffs, condemned buildings, creeks, ditches, lakes, ocean fronts, mines, power lines, quarries, rivers, ravines, swamps, watercourses, and areas subject to flooding lie on or adjacent to the facility premises, the outdoor play area shall be inaccessible to such hazards.
(7) An emergency information card shall be maintained for each child and shall include the child's full name, telephone number and location of a parent or other responsible adult to be contacted in an emergency, the name and telephone number of the child's physician and the parent's authorization for the licensee or registrant to consent to emergency medical care.
(9) Each family child care home shall have a written disaster plan of action prepared on a form approved by the Department. All children, age and ability permitting, and the provider, the assistant provider, and other members of the household, shall be instructed in their duties under the disaster plan. As their age and ability permit, newly enrolled children shall be informed promptly of their duties as required in the plan.
(1) Liability insurance kept in force covering injury to clients and guests in the amount of at least one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) in the total annual aggregate, sustained on account of the negligence of the licensee or its employees.
(A) If the provider does not own the premises used as the family child care home, the affidavit shall also state that the parent has been informed that the liability insurance, if any, of the owner of the property or the homeowners' association, as appropriate, may not provide coverage for losses arising out of, or in connection with, the operation of the family child care home, except to the extent that the losses are caused by , or result from, an act or omission by the owner of the property of the homeowners' association, for which the owner of the property or the homeowners' association would otherwise be liable under the law.
(n) A family child care home that maintains liability insurance or a bond pursuant to Section 102417(b)(1) or (2), and that provides care in premises that are renewed or leased or uses premises which share common space governed by a homeowners' association, shall name the owner of the property or the homeowners' association, as appropriate, as an additional insured party on the liability insurance policy or bond if all of the following conditions are met:
(p) A prospective Family Child Care Home licensee who resides in a rental property shall provide written notice of intent to operate a Family Child Care Home to the landlord or owner of the rental property prior to the commencement of operation of the Family Child Care Home in accordance with Section 1597.40(d) of the Health and Safety Code. The licensee shall maintain proof of this notification at the Family Child Care Home for review by the Department.
(1) The licensee shall provide the landlord or owner of the rental property with a completed LIC 9151 (Rev. 8/14) Property Owner/Landlord Notification, which is incorporated by reference, for this purpose and maintain a copy of the completed form at the Family Child Care Home for review by the Department.
(q) A licensee who operates on rented or leased property, and who wishes to increase the capacity of the Family Child Care Home as specified in Section 102416.5(b)(3) or Section 102416.5(d)(2), shall obtain the written consent of the property owner/landlord to increase the home's capacity to eight or 14 children.
(A) Upon notice from the Department that the individual may return to the home, 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 currently in care within one day of receipt of the notice and addendum from the Department.
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.78, 1596.841, 1596.846, 1596.871, 1596.880, 1596.881, 1596.882, 1596.8897, 1597.30, 1597.40, 1597.44, 1597.45, 1597.46, 1597.465, 1597.531 and 1597.54, Health and Safety Code.
1. Change without regulatory effect (Register 86, No. 29).
2. New subsections (h)-(k) filed 3-31-87; effective thirtieth day thereafter (Register 87, No. 14).
3. Change without regulatory effect of subsection (g) (Register 87, No. 43).
4. New subsection (m) filed 7-6-88; operative 8-5-88 (Register 88, No. 28).
5. New subsection (o) filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
6. Editorial correction of Note (Register 89, No. 44).
7. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
8. Change without regulatory effect amending subsections (g) and (m) and adopting subsections (m)(1)-(n)(3) and relettering of subsection (n) to (o) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
9. Amendment of subsection (g)(1) and Note filed 9-26-95; operative 10-26-95 (Register 95, No. 39).
10. Amendment of subsections (g)(5)-(g)(5)(A), new subsections (g)(5)(A)1.-(g)(5)(B), amendment of subsection (g)(6) and new subsections (g)(6)(A)-(g)(6)(B)1. filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
11. Editorial correction of subsection (g)(5)(A)1. (Register 97, No. 41).
12. Amendment of section heading, section and Note filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
13. New subsections (r)-(r)(4) and amendment of Note 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.
14. New subsections (r)-(r)(4) 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.
15. New subsections (r)-(r)(4) 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.
16. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (r)(2), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
17. Amendment of subsections (o)-(o)(2), new subsections (p)-(p)(1), subsection relettering, amendment of newly designated subsections (q)-(q)(1) and (s)(3)-(4) and amendment of Note filed 2-10-2016; operative 4-1-2016 (Register 2016, No. 7).
18. New subsection (d)(1) and amendment of Note filed 8-19-2020; operative 8-19-2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 34).
This database is current through 11/18/22 Register 2022, No. 46.
Cal. Admin. Code tit. 22, § 102417, 22 CA ADC § 102417
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