Section 101200
INSPECTION AUTHORITY OF THE DEPARTMENT
(a) The Department pas the inspection authority specified in Health and Safety
Code Sections 1596.852 and 1596.853.
- HANDBOOK BEGINS HERE
- (1) Health and Safety Code Section 1596.852 provides in part:
- Any duly authorized officer, employee, or agent of the department may,
upon presentation of proper identification, enter and inspect any place providing
personal care, supervision, and services at any time, with or without advance
notice, to secure compliance with, or to prevent a violation of this act,
or the regulations adopted by the department pursuant to this act.
- (2) Health and Safety Code Section 1596.853 provides in part:
- (A) Any person may request an inspection of any child day care facility
in accordance with the California Child Day Care Facilities Act by transmitting
to the department notice of an alleged violation of applicable requirements
prescribed by the statutes or regulations of this state. A complaint may
be made either orally or in writing.
- (B) The substance of the complaint shall be provided to the licensee
no earlier than at the time of the inspection. Unless the complainant
specifically requests otherwise, neither the substance of the complaint
provided the licensee nor any copy of the complaint or any record published,
released, or otherwise made available to the licensee shall disclose the
name of any person mentioned in the complaint, except the name of any
duly authorized officer, employee, or agent of the department conducting
the investigation or inspection pursuant to this chapter.
- (C) Upon receipt of a complaint, the department shall make a preliminary
review and, unless the department determines that the complaint is willfully
intended to harass a licensee or is without any reasonable basis, the
department shall -make an onsite inspection within 10 days after receiving
the complaint, where the visit would adversely affect the licensing investigation
or he investigation of other agencies, including, but not limited to,
law enforcement agencies. In either event, the complainant shall be promptly
informed of the department's proposed course of action.
- (D) Upon issuance of a license for a child day care facility or upon
revocation, or temporary has occurred, the department shall notify the
resource and referral agency funded under section 8210 of the Education
Code that jurisdiction.
- The resource and referral agency shall be notified of the final resolution.
- (2) With the exception of parents seeking local day care service, any other
entity specified in subdivision (b) of Section 1596.86 may request that the
department provide the notification described in paragraph (1).
- (E) When the department substantiates an allegation which it deems
to be serious, in a facility funded by the Child Development Division
of the State Department of Education pursuant to Chapter 2 (commencing
with Section 8200) of Part 6 of the Education Code it shall notify the
Child Development Division.
- HANDBOOK ENDS HERE
(b) The Department has the authority to interview children or staff, and to inspect
and audit child or child care center records, without prior consent.
- (1) The licensee shall make provisions for private interviews with any
child(ren) or staff member; and for the examination of all records relating
to the operation of the child care center.
(c) The Department has the authority to observe the physical condition of the
child(ren), including conditions that could indicate abuse, neglect or inappropriate
placement.
NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference:
Sections 1596.72, 1596.73, 1596.81, 1596.852 and 1596.853, Health and Safety
Code.
Home
About Us
Login
Sign-Up
Products
Contact Us
