Section 101169
APPLICATION FOR LICENSE
(a) Any adult, partnership, corporation, county, city, public agency or other
governmental entity wishing to obtain a license shall fill out and file with
the Department an Application Booklet (LIC 281A [12/96]), as well as submit
to the Department the documents specified in Section 101169(d) below.
- (1) Applicants for licensure of a combination center may file one application.
- (A) Licensees requesting the addition of a toddler component to their
preschool or infant care program shall submit an amended application consisting
of an Application for a Child Day Care Center License (LIC 200A [12/92]);
a program description; a sketch of the center showing where the toddler
component will be located; a schedule for outdoor activities; and, if
necessary, a fire clearance. The toddler program component is considered
an extension of the preschool or infant care license.
- (2) Each separately licensed component of a single program shall be capable
of an independently meeting the provisions of applicable regulations as determined
by the Department.
- (3) The Department has the authority to issue one license to a single program,
or to a separately licensed component of a single program, that is located
in multiple buildings at a common address.
(b) Prior to filing an LIC 281A (12/96) and the documents specified in Section
101169(d) below, the applicant shall attend an orientation provided by the Department.
- (1) The orientation shall cover, but not be limited to, the following areas:
- (A) How to complete the application process.
- (B) Scope of child care center operation subject to regulation by the
Department.
- (2) A licensee applying for another child care center license need not
attend another orientation within two years of completing a previous orientation.
- (3) An applicant applying for more than one child care center license is
only required to attend one orientation.
(c) The applicant/licensee shall cooperate with the Department in providing verification
and/or documentation as requested by the Department.
(d) The LIC 281A (12/96) and supporting documents shall together contain the
following:
- (1) Name (or proposed names) and address of the child care center
- (2) Name, and residence and mailing addresses of applicant.
- (A) If the applicant is a partnership, copies of the partnership agreement
and all documents governing the partnership, as well as the name and principal
business address of each partner.
- (B) If the applicant is a corporation, the name, title and address
of each officer and member of the governing board.
- (C) If the applicant is a corporation that issues stock, the name and
address of each person owning more than 10 percent of stock in the corporation.
- (D) If the applicant is a corporation, a copy of the articles of incorporation,
the constitution, the bylaws, and the board resolution authorizing the
submission of the application.
- (3) If the applicant is leasing or renting the premises of the child care
center, a copy of the lease or rental agreement and the name, address and
telephone number of the property owner.
- (4) The category of child care center to be operated.
- (5) Maximum number of children to be served.
- (6) Age range and the categories of children to be served including, but
not limited to, children with disabilities and/or non-ambulatory children.
- (7) Hours or periods of operation of the child care center.
- (8) Name of administrator.
- (9) Information required by Health and Safety Code Section 1596.95(d).
- HANDBOOK BEGINS HERE
- (A) Health and Safety Code Section 1596.95(d) provides:
- Disclosure of the applicant's period or present service as an administrator,
general partner, corporate officer or director of, or as a person who
has held or holds a beneficial ownership of 10 percent or more in any
child day care facility or in any facility licensed pursuant to Chapter
1 (commencing with Section 1200) or Chapter 2 (commencing with Section
1250) or Chapter 3 (commencing with Section 1500).
- HANDBOOK ENDS HERE
- (10) Information required by Health and Safety Code Section 1596.95(e).
- HANDBOOK BEGINS HERE
- (A) Health and Safety Code Section 1596.95(e) provides in general:
- Disclosure of revocation or other disciplinary action taken or in the
process of being taken against a license held or previously held by the
entities specified in Health and Safety Code Section 1596.95 (d) above.
- HANDBOOK ENDS HERE
- (11) Name, address and telephone number of the city or county fire departments,
the district providing fire protection services, or the State Fire Marshal's
office with jurisdiction in the area where the child care center is located.
- (12) A plan of operation as specified in Section 101173.
- (13) Fingerprint cards as specified in Section 101170.
- (14) Requests to check the Child Abuse Registry as required by Health and
Safety Code Section 1596.877.
- HANDBOOK BEGINS HERE
- (A) Health and Safety Code Section 1596.877 provides:
- (1) Prior to granting a license to any individual to or otherwise
approving, any family day care home, the department shall check the
child abuse and neglect complaint records of the child protective
services agency of the county in which the applicant has resided for
the two years preceding the application.
- (2) Prior to granting a license to or otherwise approving any individual
to care for children in either a family day care home or a day care
center, the department shall check the Child Abuse Registry pursuant
to paragraph (3) of subdivision (b) of Section 11170 of the Penal
Code.
- (3) The department shall investigate any reports received from
the Child Abuse Registry and investigate any information received
from the county child protective services agency. However, child protective
services agency information arising from a report designated as "unfounded,"
as defined pursuant to subdivision (a) of Section 11165.12 of the
Penal Code, shall not be included in the investigation. The investigation
shall include, but not be limited to, the review of the investigation
report and file prepared by the child protective agency which investigated
the child abuse report. The department shall not deny a license based
upon abuse and neglect complaint records of the county child protective
services agency unless child abuse is substantiated.
- HANDBOOK ENDS HERE
- (15) A health-screening report on the applicant as specified in Section
101216(g).
- (16) The processing fee for an application as specified in Section 101187.
- (17) Water supply clearance as specified in Section 101172.
- (18) Evidence that the applicant has posted signs at the entrance to the
child care center that provide the telephone number of the local health department
and information on child passenger restraint systems pursuant to Health and
Safety Code Section 1596.95(g) and Vehicle Code Section 27360(b).
- (A) The signs shall provide all of the following information:
- Protect your child, it is the law.
- Children under the age of four years, regardless of weight,
or weighing less than 40 pounds, regardless of age, must be in an
approved child passenger restraint system.
- You may be cited for a violation of the child passenger
restraint system provisions. In addition, your automobile insurance
rates could be adversely affected as a result.
- Call your local health department for more information.
- (19) Such other information as may be required pursuant to Health and Safety
Code Section 1596.95(h).
- HANDBOOK BEGINS HERE
- (A) Health and Safety Code Section 1596.95(h) provides:
- any other information as may be required by the department for the
proper administration and enforcement of this act.
- HANDBOOK ENDS HERE
- (20) Evidence regarding the applicant's reputable and responsible character
as required by Health and Safety Code Section 1596.95(b).
- HANDBOOK BEGINS HERE
- (A) Health and Safety Code Section 1596.95(b) reads in pertinent part:
- Evidence satisfactory to the Department that the applicant a reputable
and responsible character. This evidence shall include, but not be limited
to, employment history, and character references. If the is a firm, partnership,
business trust, corporation, or company, evidence of reputable and responsible
character shall be submitted as to the members or shareholders thereof,
and the person in charge of the license or special permit is made.
- HANDBOOK ENDS HERE
(e) The application shall be signed by the applicant.
- (1) If the applicant is a partnership, the application shall be signed
by each partner.
- (2) If the applicant is a corporation, county, city, public agency or other
governmental entity, the application shall be signed by the chief executive
officer or the authorized representative.
(f) The application shall be filed with the Department's office that serves the
geographical area in which the child care center is located.
NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference:
Sections 1596.81(b), 1596.83, 1596.856, 1596.877, 1596.95, 1596.955, and 1596.956,
Health and Safety Code.

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