What type of violation will it be? A or B?

Just in case you do decide to appeal here is what the regs say about reporting ...

102416.2 REPORTING REQUIREMENTS 102416.2
(a) The licensee shall report the following information the Department by telephone or fax within the Department's next business day and during normal working hours (8am to 5pm).
(1) If the applicant or licensee operates a foster family home as defined in Health and Safety Code Section 1502(a)(5) or a certified family home as defined in Health and Safety Code Section 1506(d).
(2) Any change in household composition including adults moving in or out of the home and anyone
living in the home who reaches his or her 18th birthday.
(b) The licensee shall report to the Department any of the events as specified in Health and Safety Code
Sections 1597.467(b)(1)(A) through (b)(1)(C) that occur during the operation of the family child care
home.
(1) Medical treatment means treatment by a medical professional, as defined in Section 101152(m).
(2) Any child absence means any instance where a child in care is missing. For example, any child in
care who wanders away from the Family Child Care Home, is lost during an outing, or does not
return from school, shall be reported even if the child is later found safe.
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(3) Health and Safety Code Section 1597.467(b)(1) provides in part:
"A report shall be made to the Department…following the occurrence during the operation of a
family day care home of any of the following events:
(A) Death of any child from any cause.
(B) Any injury to any child that requires medical treatment.
(C) Any unusual incident or child absence that threatens the physical or emotional health or
safety of any child."
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CALIFORNIA-DSS-MANUAL-CCL
MANUAL LETTER NO. CCL-06-07 Effective 9/10/06
Page 35.2
Regulations FAMILY CHILD CARE HOMES 102416.2 (Cont.)
102416.2 REPORTING REQUIREMENTS (Continued) 102416.2
(c) In addition to the events specified in Health and Safety Code Sections 1597.467(b)(1)(A) through
(b)(1)(C), the licensee shall report the following events to the Department:
(1) Any suspected child abuse or neglect, as defined in Penal Code Section 11165.6, of any child in
care, in addition to reporting requirements pursuant to Penal Code Section 11166.
(2) Fires or explosions occurring in or on the premises of the family child care home.
(A) Within 24 hours, the licensee additionally shall report to the local fire authority, or in
areas not having organized fire services, to the State Fire Marshal.
(3) A communicable disease outbreak when determined by the local health authority.
(4) Poisonings.
(d) The licensee shall report to the Department as provided by Health and Safety Code Sections
1597.467(b)(1) and (2).
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(1) Health and Safety Code Section 1597.467(b)(1) provides in part:
"A report shall be made to the department by telephone or fax during the department's normal
business hours before the close of the next working day following the occurrence during the
operation of family day care home of…the…events."
(2) Health and Safety Code Section 1597.467(b)(2) provides:
"In addition to the report required pursuant to paragraph (1), a written report shall be submitted to
the department within seven days following the occurrence of any events specified in
paragraph (1). The report shall contain all of the following information:
(A) Child's name, age, sex and date of admission.
(B) Date and nature of the event.
(C) Attending physician's name and findings and treatment, if any.
(D) Disposition of the case."
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CALIFORNIA-DSS-MANUAL-CCL
MANUAL LETTER NO. CCL-06-07 Effective 9/10/06
Page 35.3
102416.2 (Cont.) FAMILY CHILD CARE HOMES Regulations
102416.2 REPORTING REQUIREMENTS (Continued) 102416.2
(e) The written report shall be either Form LIC 624B (8/06) Unusual Incident/Injury report-Family Child
Care Home, or a letter that includes the following information, in addition to that required by Health and
Safety Code Sections 1597.467(b)(2)(A) through (b)(2)(D):
(1) Child's date of birth.
(2) Child's or parent's primary language, (e.g., English, Spanish, Chinese, Russian).
(3) Time the incident or injury happened.
(4) Date that the parent or authorized representative was notified their child was injured or subjected
to any act of violence.
(5) Description of how the incident or injury happened and name of the child(ren) or adult(s) that may
have been involved as well as any steps taken to prevent the incident or injury from recurring.
(6) Name and telephone number of any physician or other health care provider that examined the
child.
(7) Any agency notified, person contacted, date of the contact, and the telephone or fax number of
that agency or person.
(f) As soon as possible but no later then the same business day, the licensee shall notify a child's parent or
authorized representative regardless of the injuries or acts that affect that child as specified in Health
and Safety Code Section 1597.467(a).
(1) Any injury suffered by a child in care shall be reported to that child's parent or authorized
representative regardless of treatment by a medical professional.
(2) Reportable acts of violence include, but are not limited to, those that occur whenever any child in
care is a victim of, or subjected to witnessing, others' use of great physical force resulting in bodily
harm, or dangerous activity, such as illegal drug use or gunfire.
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(3) Health and Safety Code Section 1597.467(a) provides in part:
"Whenever any licensee…has reasonable cause to believe that a child in his or her care has
suffered any injury or has been subjected to any act of violence while under the licensee's care, the
licensee shall, as soon as possible, report that injury or act of violence to the parent, parents, or
guardian of that child."
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CALIFORNIA-DSS-MANUAL-CCL
MANUAL LETTER NO. CCL-06-07 Effective 9/10/06
Page 35.4
Regulations FAMILY CHILD CARE HOMES 102416.2
102416.2 REPORTING REQUIREMENTS (Continued) 102416.2
(g) In addition to the requirements of Health and Safety Code Section 1597.467(a), no later than the same
business day, the licensee shall notify a child's parent or authorized representative of the events to be
reported to the Department pursuant to Sections 102416.2(b) and (c) that affect that child.
(h) The licensee shall keep a copy of the letter or completed LIC 624B (8/06) (Unusual Incident/Injury
Report - Family Child Care Home) in the child's record for the time period specified in Section
102421(a)(1).
NOTE: Authority cited: Sections 1596.81, Health and Safety Code. Reference: Sections.1502, 1506,
1596.72, 1596.73, and 1597.467, Health and Safety Code; Sections 11165.6 and 11166, Penal Code.

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