California California

Section 101201
Evaluation Visits

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(a) Child care centers shall be evaluated as specified Health and Safety Code Sections 1596.98, 1596.99, 1597.08 and 1597.09.

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(1) Health and safety Code Section 1596.98 provides:

The department shall notify the day care center in writing of all deficiencies in its compliance with this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the center. Upon a finding of noncompliance, the department may levy a civil penalty which shall be paid to the department each day until the department finds the center in compliance.

(2) Health and Safety Code Section 1596.99 provides in part:

In addition to suspension or revocation of a license issued under this chapter, the Department may levy a civil penalty. The civil penalty may be in addition to the penalties of suspension or revocation.

The amount of the civil penalty may not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where (1) the nature of the violation, (2) the seriousness of the violation, (3) the frequency of the violation, or (4) any combination of these factors warrants a higher penalty or an immediate civil penalty assessment as specified in subdivision (c), or both. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day.

(3) Health and Safety Code Section 1597.08 provides:

All site visits shall be unannounced.

(4) Health and Safety Code Section 1597.09 provides:

A site visitation to all licensed day care centers shall be made annually and as often as necessary to ensure compliance.

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(b) The Department has the authority to make any number of other visits to a child care center in order to determine compliance with applicable laws and regulations.


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