Evaluation Visits

101201

(a) Child care centers shall be evaluated as specified in Health and Safety Code Sections 1569.8535(a) [as referenced in Section 101200(a)], 1596.98, 1596.99, 1597.08 and 1597.09.

(1) Health and Safety Code Section 1596.98(a) 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:

(a) 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.

(b) 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 in part:

"(a) Each licensed child day care center shall be subject to unannounced visits by the department. The department shall visit these facilities as often as necessary to ensure the quality of care provided.

"(b) The department shall conduct an annual unannounced visit to a licensed child day care center under any of the following circumstances:

"(1) When a license is on probation.

"(2) When the terms of agreement in a facility compliance plan require an annual evaluation.

"(3) When an accusation against a licensee is pending.

"(4) In order to verify that a person who has been ordered out of a child day care center by the department is no longer at the facility.

"(c) The department shall conduct an [random] annual unannounced visit to no less than 10 percent of facilities not subject to an evaluation under subdivision (b)...

"(d) Under no circumstances shall the department visit a community care facility less often than once every five years.

(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.

NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.81(b), 1596.852, 1596.98, 1596.99, 1597.08 and 1597.09, Health and Safety Code.