Section 101186
CONDITIONS FOR FORFEITURE OF A CHILD CARE CENTER LICENSE
(a) Conditions for forfeiture of a child care center license shall be as specified
in Health and Safety Code Section 1596.858.
- HANDBOOK BEGINS HERE
- (1) Health and safety code Section 1596.858 reads in parts:
- A license shall be forfeited by operation of law prior to its expiration
date when one of the following occurs:
- (a) The licensee sells or otherwise transfers the facility or facility
property, except when change of ownership applies to transferring of stock
when the facility is owned by a corporation, and when the transfer of
stock does not constitute a majority change in ownership.
- (b) The licensee surrenders the license to the department.
- (c) The licensee moves the facility from one location to another....
- (d) The licensee is convicted of an offense specified in Section 220,
243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288,
or 289 of the Penal Code, or is convicted of another crime specified in
subdivision (c) of Section 667.5 of the Penal Code.
- (e) The licensee dies....
- (f) The licensee abandons the facility.
- HANDBOOK ENDS HERE
- (2) "Licensee abandons the facility [child care center]" shall
mean either of the following:
- (A) The licensee informs the Department that the licensee no longer
accepts responsibility for the child care center; or
- (B) The Department is unable to determine the licensee's whereabouts
after the following:
- The Department requests information about the licensee's
whereabouts from child care center staff, if any staff can be contacted;
and
- The Department has made at least one phone call per day
to the licensee's last telephone number of record for five consecutive
workdays with no response; and
- The Department has sent a certified letter requesting the
licensee to contact the Department to the licensee's last mailing
address of record with no response within seven calendar days.
(b) If the licensee dies, an adult relative who has control of the property may
operate a previously licensed child care center under an Emergency Approval to
Operate (EAO) (LIC 9117 [4/93]) provided the following conditions are met:
- (1) The relative, or an adult acting on the relative's behalf, notifies
the Department by telephone during the first working day after the licensee's
death that the relative intends to operate the child care center
- (2) The relative files with the Department within five calendar days of
the licensee's death an Application for a Child Day Care Center License (LIC
200A [12/92]) and evidence of the licensee's death as specified in .01152e.(4).
- (A) Notwithstanding the instructions on the LIC 200A (12/92), the Department
shall permit the relative to submit only the information on the front
side of the LIC 200A (12/92).
- (3) The relative files his/her fingerprint cards with the Department of
Justice within five calendar days of the licensee's death.
(c) If the adult relative complies with (b)(1) and (b)(2) above, he/she shall
not be considered to be operating an unlicensed child care center pending the
Department's decision on whether to approve a provisional license.
(d) The Department shall make a decision within 60 days after the application
is submitted on whether to issue a provisional license pursuant to Section 101181.
- (1) A provisional license shall be granted only if the Department is satisfied
that the conditions specified in (b) above and Section 101181 have been met
and that the health and safety of the children attending the child care center
will not be jeopardized.
NOTE: Authority cited: Sections 1596.81 and 1596.858(e), Health and Safety Code.
Reference: Sections 1596.845, 1596.858 and 1596.858(e), Health and Safety Code.
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