§ 102419. Admission Procedures and Parental and Authorized Representative's Rights.
22 CA ADC § 102419Barclays Official California Code of Regulations
22 CCR § 102419
§ 102419. Admission Procedures and Parental and Authorized Representative's Rights.
(d) At the time of acceptance of each child into care, the licensee shall provide the child's parent or authorized representative with a copy of the notice Family Child Care Home Notification of Parents' Rights, LIC 995A (8/06), the Caregiver Background Check Process, LIC 995E (6/05), and the Family Child Care Consumer Awareness Information, LIC 9212 (10/05).
(1) The licensee shall request the child's parent or authorized representative to sign and date the bottom portion of the notice form LIC 995A (8/06), which acknowledges that the parent or authorized representative has received and read the LIC 995A. 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 and received a copy of the Caregiver Background Check Process, LIC 995E (6/05), and the Family Child Care Consumer Awareness Information, LIC 9212 (10/05).
(B) Regardless of whether the licensee complies with an initial plan of correction in the time allotted, if the licensee subsequently violates any provision of Sections 102419(a)(8), (b), (c), (d), (d)(1), or (d)(2) within 12 months of the initial citation, the Department shall assess a civil penalty of $150 plus an assessment of $50 per day until the deficiency is corrected.
(C) Regardless of whether the licensee complies with the deficiency in Section 102419(b)(3)(B), if the licensee subsequently violates any provision of Sections 102419(a)(8), (b), (c), (d), (d)(1), or (d)(2) within 12 months of the citations and assessment in Section 102419(b)(3)(B), the Department shall assess a civil penalty of $150 plus an assessment of $150 per day until the deficienacy is corrected.
(f) No family child care home shall discriminate or retaliate against any child or any child's parent or authorized representative because the parent or authorized representative has exercised his or her right to inspect the family child care home or has lodged a complaint with the Department against the family child care home.
(h) The licensee shall provide a copy of the Department issued Addendum to Notification of Parent's Rights (Regarding Removal/Exclusion) (LIC 995B Rev. 05/03) sent by the Department, that is still in effect, to one parent or authorized representative of every child when the parent or authorized representative arranges for child care services or on the first day the child receives care, whichever is first.
(1) Upon notice from the Department that the excluded/removed individual may return to the facility, the licensee shall 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 in care within one day of receipt of the notice and addendum from the Department.
(i) The licensee shall obtain a signed and dated receipt from one parent or authorized representative that acknowledges that he/she was given a copy of the addendum specified in Sections 102419(h) and (h)(1) and maintain copies of the receipt in each child's record for the time period specified in Section 102421(a)(1).
Credits
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.853, 1596.857, 1596.859, 1596.874, 1597.07, 1597.30 and 1597.56, Health and Safety Code.
History
1. Amendment filed 1-12-88; operative 2-11-88 (Register 88, No. 4).
2. Change without regulatory effect amending subsections (b)-(b)(2) and adopting subsections (c)-(d)(3)(B) and relettering of subsection (c) to (e) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
3. Amendment filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
4. 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.
5. 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.
6. Certificate of Compliance as to 12-3-2002 order transmitted to OAL 4-1-2003 and filed 5-12-2003 (Register 2003, No. 20).
7. New subsections (h)-(j) 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.
8. New subsections (h)-(j) 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.
9. New subsections (h)-(j) 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.
10. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (h), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
11. Amendment of section and Note filed 8-11-2006; operative 9-10-2006 (Register 2006, No. 32).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 22, § 102419, 22 CA ADC § 102419
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