California California

Section 101169
APPLICATION FOR LICENSE

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(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).

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(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).

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(10) Information required by Health and Safety Code Section 1596.95(e).

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(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.

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(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.

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(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.

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(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:

  1. Protect your child, it is the law.

  2. 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.

  3. 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.

  4. 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).

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(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.

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(20) Evidence regarding the applicant's reputable and responsible character as required by Health and Safety Code Section 1596.95(b).

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(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.

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(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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