Section 101223
PERSONAL RIGHTS
(a) The licensee shall ensure that each child is accorded the following personal
rights:
- (1) be accorded dignity in his/her personal relationships with staff and
other persons.
- (2) To be accorded safe, healthful and comfortable accommodations, furnishings
and equipment to meet his/her needs.
- (3) To be free from corporal or unusual punishment, infliction of pain,
humiliation, intimidation, ridicule, coercion, threat, mental abuse or other
actions of a punitive nature including but not limited to: interference with
functions of daily living including eating, sleeping or toileting; or withholding
of shelter, clothing, medication or aids to physical functioning.
- (4) To be informed, and to have his/her authorized representative informed,
by the licensee of the law regarding complaints including, but not limited
to, information on confidentiality and the address and telephone number of
the Department's complaint unit.
- HANDBOOK BEGINS HERE
- (A) Provisions regarding inspection requests are found in Health and
Safety Code Section 1596.853:
- 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 statutes or regulations of
this state....
- The-substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection..
- 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. In either event, the
complainant shall be promptly informed of the department's proposed
course of action.
- HANDBOOK ENDS HERE
- (5) To be free to attend religious services or activities of his/her choice.
- (A) Attendance at religious services in or-outside of the center shall
be voluntary. The child's authorized representative shall make decisions
about the child's attendance at religious services.
- (6) Not to be locked in any room, building or center premises by day or
night.
- (A) The licensee is not prohibited by this provision from locking exterior
doors and windows or from establishing rules for the protection of children
provided the children are able to exit the center.
- (B) The licensee shall obtain prior approval from the Department to
utilize means other than those specified in (A) above for securing exterior
doors and windows.
- (7) Not to be placed in any restraining device. Postural supports may be
used as specified in Section 101223.1.
- (8) To receive or reject medical care, or health-related services, except
for minors for whom a guardian, conservator or other legal authority has been
appointed.
(b) The center shall inform each child's authorized representative of the rights
specified in (a) (1) through (8) above.
- (1) The center shall give each authorized representative a copy of the
Personal Rights form (UC 613A [9/96]).
- (A) Each authorized representative shall be asked to sign and date
the acknowledgment-of-receipt statement at the bottom of the LIC 613A
(9/96). This documentation shall be kept in the child's file.
- (2) The center shall post a copy of the LIC 613A (9/96) in a prominent,
publicly accessible area in the center.
(c) The licensee shall ensure that each child is accorded the personal rights
specified in this section.
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