Section 101216
PERSONNEL REQUIREMENTS
(a) Child care center personnel shall be competent provide the services necessary
to meet the individual needs of children in care and shall at all times be employed
in numbers sufficient to meet those needs.
(b) The Department has the authority to require any licensee to provide additional
staff whenever the Department determines and documents that additional staff
are required for the provision of services necessary to meet the needs of children
in care. The licensee shall be informed in writing of the reasons for he Department's
determination. The following factors shall be taken into consideration in determining
the need for additional staff:
- (1) Needs of the children.
- (2) Extent of the services provided by the center.
- (3) Physical arrangements of the center.
- (4) Existence of a state of emergency or disaster.
(c) The licensee may utilize volunteers provided that such volunteers are supervised
and are not included in the center's staffing plan.
(d) The following child care center personnel shall be at least 18 years old:
- (1) Persons who supervise employees and/or volunteers.
- (2) Persons, including volunteers, who provide any element of care and
supervision to children.
(e) All personnel shall be given on-the-job training in the areas listed below,
or shall have related experience that demonstrates knowledge of and skill in those
areas. Such training or experience shall be appropriate to the job assigned and
shall be evidenced by safe and effective job performance.
- (1) Principles of nutrition, food preparation and storage, and menu planning.
- (2) Housekeeping and sanitation principles, including universal health
precautions.
- (3) Provision of child care and supervision, including communication.
- (4) Assistance with prescribed medications that are self-administered.
- (5) Recognition of early signs of illness and the need for professional
assistance.
- (6) Availability of community services and resources.
(f) least one staff member who is trained in pediatric cardiopulmonary resuscitation
and pediatric first aid pursuant to Health and Safety Code Section 1596.866 shall
be present when children are at the child care center or offsite for center activities.
(g) All personnel, including the licensee, administrator and volunteers, shall
be in good health and shall be physically and mentally capable of performing
assigned tasks.
- (1) Except as specified in (3) below, good physical health shall be verified
by a health screening, including a test for tuberculosis, performed by or
under the supervision of a physician not more than one year prior to or seven
days after employment or licensure.
- (2) Each person specified in (g) above shall have a health-screening report
signed by the person performing the screening. This report shall indicate
the following:
- (A) The person's physical qualifications to perform the duties to be
assigned.
- (B) The presence of any health condition that would create a hazard
to the person, children or other staff members.
- (3) The good physical health of each volunteer who works in the center
shall be verified by:
- (A) A statement signed by each volunteer affirming that he/she is in
good health.
- (B) Results of a test for tuberculosis performed not more than one
year prior to or seven days after initial presence in the center.
(h) Personnel that pose a threat to the health and safety of children shall be
relieved of their duties.
(i) Pending receipt of a criminal record transcript as specified in Section
101170, and prior to employment or at initial presence in the child care center,
all employees and volunteers determined by the Department to require criminal
record clearance shall sign a Criminal Record Statement (LIC 508 [10/95]) under
penalty of perjury. A person signing the LIC 508 (10/95) must:
- (1) Declare whether he/she has not been convicted of a crime other than
a minor traffic violation as specified in Section 10117(f)
- (2) If the answer to (i)(1) above is yes, provide information regarding
any prior convictions of a crime, with the exception of any minor traffic
violations as specified in Section 101170(f).
- (A) If a person has been convicted of a crime other than a minor traffic
violation as specified in section 101170 (f), he/she shall also acknowledge
that his/her continued employment is conditioned on approval of the Department.
(j) Personnel shall provide for the care and safety of children without physical
or verbal abuse, exploitation or prejudice.
(k) The licensee or designated individual shall instruct all personnel to
report observations or evidence of violations of any of the personal rights
specified in Section 101223.
(l) All personnel shall be informed of their rights pursuant to Sections 1596.881
and 1596.882 of the Health and Safety Code.
- HANDBOOK BEGINS HERE
- Health and Safety Code Section 1596.881 provides in part:
- Employees shall be notified in writing at the time of employment of their
rights under this chapter, as evidenced by their signature on a notification
form outlining actions protected by this section. Forms to be utilized for
this purpose shall be kept on file at the facility. The Department shall provide
each facility with the notification forms, which shall include information
regarding enforcement pursuant to relevant Labor Code sections.
- Health and Safety Code Section 1596.882 provides in part:
- A claim by the employee alleging the violation by the employer of Section
1596.881 shall be presented to the employer within 45 days after the action
as to which complaint is made and presented to the Division of Labor Standards
Enforcement not later than 90 days after the action as which complaint made
- HANDBOOK ENDS HERE
- (1) The licensee shall provide each employee with a Notice of Employee
Rights (LIC 9052 [11/94]).
- (A) Each employee shall be asked to sign and date the LIC 9052 (11/94)
to acknowledge receipt of the form.
- (B) A copy of the signed LIC 9052 (11/94) shall be kept in the employee's
personnel record.
- (C) the employee refuses to sign the LIC 9052 (11/94), a dated notation
to that effect shall be kept in the employees personnel record.
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