text:
(a) A large family daycare home shall abide by all standards, in addition to the requirements of the State Uniform Building Standards Code, that are specifically designed to promote fire and life safety in large family daycare homes. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in family daycare homes, which shall be published in Title 24 of the California Code of Regulations. These standards shall apply uniformly throughout the state and shall include, but not be limited to, all of the following:

(1) The requirement that a large family daycare home contain a fire extinguisher or smoke detector device, or both, that meets childcare standards established by the State Fire Marshal.

(2) Specification as to the number of required exits from the home.

(3) Specification as to the floor or floors on which childcare may be provided and the number of required exits on each floor.

(b) A large family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections.

(c) Enforcement of this section shall be in accordance with Sections 13145 and 13146. A city, county, city and county, or district shall not adopt or enforce a building ordinance or local rule or regulation relating to the subject of fire and life safety in large family daycare homes that is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to all residences with the same zoning designation in which childcare is provided.

history: (History: Repealed and added by Stats. 2019, Ch. 244, Sec. 12. (SB 234) Effective January 1, 2020.)


kind: section

code: HSC

text:
(a) Licensing reviews of a family day care home for children shall be limited to health and safety considerations and shall not include any reviews of the content of any educational or training programs of the facility.

(b) No home shall be licensed or registered as a large family day care home after January 1, 1984, unless the provider has at least one year’s experience as a regulated small family day care home operator or as an administrator of a licensed day care center. The director may waive this requirement upon a finding that the applicant has sufficient qualifying experience.

history: (History: Amended by Stats. 1985, Ch. 1064, Sec. 30.)

division: 2. LICENSING PROVISIONS

chapter: 3.6. Family Day Care Homes

path: 2. LICENSING PROVISIONS > 3.6. Family Day Care Homes


text: No family day care home for children shall be licensed under Chapter 3 (commencing with Section 1500), but shall be subject to licensure exclusively in accordance with this chapter and Chapter 3.4 (commencing with Section 1596.70) which shall apply to family day care homes.

history: (History: Amended by Stats. 1984, Ch. 1615, Sec. 14.)


text:
(a) All family daycare homes for children, shall apply for a license under this chapter, except that any home that, on June 28, 1981, had a valid and unexpired license to operate as a family daycare home for children under other provisions of law shall be deemed to have a license under this chapter for the unexpired term of the license, at which time a new license may be issued upon fulfilling the requirements of this chapter.

(b) An applicant for licensure as a family daycare home for children shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following:

(1) A brief statement confirming that the applicant is financially secure to operate a family daycare home for children. The department shall not require any other specific or detailed financial disclosure.

(2) (A) Evidence that the small family daycare home contains a fire extinguisher or smoke detector device, or both, that meets standards established by the State Fire Marshal under Section 1597.455, or evidence that the large family daycare home meets the standards established by the State Fire Marshal under subdivision (a) of Section 1597.46.

(B) Evidence satisfactory to the department that there is a fire escape and emergency and disaster plan for the facility.

(3) The fingerprints of any applicant of a family daycare home license, and any other adult, as required under subdivision (b) of Section 1596.871.

(4) Evidence of a current tuberculosis clearance, as defined in regulations that the department shall adopt, for any adult in the home during the time that children are under care. This requirement may be satisfied by a current certificate, as defined in subdivision (f) of Section 121525, that indicates freedom from infectious tuberculosis as set forth in Section 121525.

(5) Commencing September 1, 2016, evidence of current immunity or exemption from immunity, as described in Section 1597.622, for the applicant and any other person who provides care and supervision to the children.

(6) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and Chapter 3.4 (commencing with Section 1596.70) and the regulations adopted pursuant to those chapters.

(7) Evidence satisfactory to the department that the applicant and all other persons residing in the home are of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references.

(8) Other information as required by the department for the proper administration and enforcement of the act.

(c) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both.

history: (History: Amended by Stats. 2026, Ch. 25, Sec. 25. (AB 150) Effective June 29, 2026.)


text:
(a) Notwithstanding any other educational requirements, a person may be hired as a teacher in a day care center if he or she satisfies all of the following conditions:

(1) Is 18 years of age or older.

(2) Possesses a regional occupation program certificate of training in child care occupations issued by a regional occupational program which is accredited by the Western Association of Schools and Colleges.

(3) Has completed at least 95 hours of classroom instruction in child care and development and child care occupations and at least 150 hours in supervised field experience in a licensed day care center or comparable group child care program.

(4) Commencing September 1, 2016, has provided evidence of current immunity or exemption from immunity, as described in Section 1596.7995.

(5) Has provided evidence of a current tuberculosis clearance, as described in subdivision (g) of Section 101216 of Title 22 of the California Code of Regulations. This requirement may be satisfied by a current certificate, as defined in subdivision (f) of Section 121525, that indicates freedom from infectious tuberculosis as set forth in Section 121525.

(b) Subsequent to being hired pursuant to subdivision (a), a teacher shall make satisfactory progress towards meeting the educational requirement for a fully qualified teacher, as specified in departmental regulations. For purposes of this section, “satisfactory progress” shall mean completion, with passing grades, of a minimum of two units each semester or the equivalent number of units each quarter until the educational requirement is satisfied. Six of the required semester or equivalent number of quarter units of early childhood education from an accredited university or college shall be completed during the next two consecutive regular semesters or equivalent quarters.

(c) A teacher hired pursuant to this section shall not be exempt from satisfying any other noneducation requirements imposed by law on teachers in day care centers and shall have onsite supervision by a fully qualified teacher until six of the units specified in subdivision (b) are completed.

history: (History: Amended by Stats. 2015, Ch. 807, Sec. 2. (SB 792) Effective January 1, 2016.)

chapter: 3.5. Day Care Centers

article: 3. Administration

path: 2. LICENSING PROVISIONS > 3.5. Day Care Centers > 3. Administration


text:
(a) Every family day care home shall be subject to unannounced inspections by the department, as provided in this section. The department shall inspect these facilities as often as necessary to ensure the quality of care provided.

(b) The department shall conduct an announced site inspection prior to the initial licensing of the applicant.

(c) The department shall conduct an annual unannounced inspection of a facility 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 inspection.

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

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

(d) (1) The department shall conduct annual unannounced inspections of no less than 30 percent of facilities not subject to an inspection under subdivision (c).

(2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.

(e) The department shall inspect a licensed family day care home at least once every three years.

(f) A public agency under contract with the department may make spot checks if it does not result in any cost to the state. However, spot checks shall not be required by the department.

(g) The department or licensing agency shall make an unannounced site inspection on the basis of a complaint and a followup inspection, as provided in Section 1596.853.

(h) An unannounced site inspection shall adhere to both of the following conditions:

(1) The inspection shall take place only during the facility’s normal business hours or at any time family day care services are being provided.

(2) The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access.

(i) The department shall implement this section during periods that Section 1597.55b is not being implemented in accordance with Section 18285.5 of the Welfare and Institutions Code.

(j) It is the intent of the Legislature to achieve annual inspections for licensed family day care homes and facilities governed by this section on or before July 1, 2021.

history: (History: Amended by Stats. 2019, Ch. 27, Sec. 14. (SB 80) Effective June 27, 2019.)


text:
No site visits, unannounced visits, or spot checks, shall be made under this chapter except as provided in this section.

(a) An announced site visit shall be required prior to the licensing of the applicant.

(b) A public agency under contract with the department may make spot checks if they do not result in any cost to the state. However, spot checks shall not be required by the department.

(c) An unannounced site visit to all licensed family day care homes shall be made annually and as often as necessary to ensure compliance.

(d) The department or licensing agency shall make an unannounced site visit on the basis of a complaint and a followup visit as provided in Section 1596.853. At no time shall other site visit requirements described by this section prevent a timely site visit response to a complaint.

(e) The department shall annually make unannounced spot visits on 20 percent of all family day care homes for children licensed under this chapter. The unannounced visits may be made at any time, and shall be in addition to the visits required by subdivisions (b) and (c).

(f) An unannounced site visit shall comply with both of the following conditions:

(1) The visit shall take place only during the facility’s normal business hours or at any time family day care services are being provided.

(2) The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access.

(g) The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code.

history: (History: Amended by Stats. 2003, Ch. 225, Sec. 18. Effective August 11, 2003.)


text: Notwithstanding any other educational requirements, a person may be hired to provide extended day care for children of a given grade level in a day care center if the person is otherwise qualified to be hired by a school district to teach children of that grade level.

history: (History: Added by Stats. 1987, Ch. 626, Sec. 1.)

article: 3. Administration


text:
(a) The department shall notify a family day care home in writing of all deficiencies in its compliance with this act and the rules and regulations adopted pursuant to this act, and shall set a reasonable length of time for compliance by the family day care home. Upon a finding of noncompliance with a plan of correction, the department may levy a civil penalty that shall be paid to the department each day until the department finds the family day care home in compliance.

(b) In developing a plan of correction, both the licensee and the department shall give due consideration to the following factors:

(1) The gravity of the violation.

(2) The history of previous violations.

(3) The possibility of a threat to the health or safety of any child in the facility.

(4) The number of children affected by the violation.

(5) The availability of equipment or personnel necessary to correct the violation, if appropriate.

(c) The department shall ensure that the licensee’s plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable to establish that a deficiency has been corrected. This evidence shall be included in the department’s facility file.

(d) The department shall adopt regulations establishing procedures for the imposition of civil penalties under this section.

history: (History: Amended by Stats. 2008, Ch. 291, Sec. 24. Effective September 25, 2008.)


text:
Any requirement established by the department, pursuant to Article 1 (commencing with Section 1596.70) of Chapter 3.4, that coursework in early childhood education or child development, or both, be completed in order to fully qualify as a day care center teacher, may be satisfied with a valid child development associate credential issued by the Child Development Associate National Credentialing Program for a center-based setting with a preschool age level or infant/toddler age level endorsement. The preschool age level endorsement shall qualify the holder of the credential as a day care center teacher for ages three to five, inclusive, and the infant/toddler age level endorsement shall qualify the holder of the credential as a day care center teacher for up to, and including, age two.

The child development associate credential used to qualify individuals as day care center teachers shall involve standards that are no less stringent than those in effect on January 1, 1988.

history: (History: Added by Stats. 1988, Ch. 1326, Sec. 5. Effective September 26, 1988.)

article: 3. Administration


text:
The department shall do all of the following:

(a) Develop and utilize one application form for all family day care homes for children requesting a new license.

(b) Establish for parents a consumer education program annually on the law and regulations governing family day care homes for children under this chapter and the role of the state and other public entities and local associations in relation to family day care homes for children. In planning this program, the department shall seek the assistance of other public entities and local associations.

(c) Administer an orientation program for new operators of family day care homes for children that may be conducted directly by the department or by contract with local governments or family day care home associations.

history: (History: Amended by Stats. 1992, Ch. 1315, Sec. 34. Effective January 1, 1993.)


text:
(a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall levy a civil penalty.

(b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if a facility fails to correct a deficiency after being provided a specified length of time to correct that deficiency.

(A) If a licensee or a licensee’s representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence.

(B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected.

(C) If the department determines that the deficiency has not been corrected, the civil penalty shall continue to accrue from the date of the original citation.

(D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date.

(2) (A) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in paragraph (1), the department shall assess an immediate civil penalty of two hundred fifty dollars ($250) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval.

(B) For purposes of this section, “repeat violation” means a violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals.

(C) Notwithstanding subparagraphs (A) and (B), the department, in its sole discretion, may reduce the civil penalty for the cited repeat violation to the level of the underlying violation, as applicable, if it determines that the cited repeat violation is not substantially similar to the original violation.

(3) If the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.

(c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation, for any of the following serious violations:

(1) Any violation that the department determines resulted in the injury or illness of a child.

(2) Absence of supervision, including, but not limited to, a child left unattended and a child left alone with a person under 18 years of age.

(3) Accessible bodies of water, when prohibited by this chapter or regulations adopted pursuant to this chapter.

(4) Accessible firearms, ammunition, or both.

(5) Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.

(6) The presence of a person subject to a department Order of Exclusion on the premises.

(d) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in subdivision (c), the department shall assess an immediate civil penalty of one thousand dollars ($1,000) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval.

(e) For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:

(1) Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44.

(2) Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465.

(f) (1) For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:

(A) One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44.

(B) Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465.

(2) For purposes of this subdivision, “physical abuse” includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.

(g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division.

(2) (A) The department shall reduce the amount of a civil penalty due pursuant to subdivision (e) or (f) by the amount of the civil penalty already assessed for the underlying violation.

(B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department.

(h) Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers.

(i) (1) A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area in which the deficiency occurred. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations.

(2) The department shall adopt regulations setting forth appeal procedures for deficiencies.

(j) (1) A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy director’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.

(2) Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.

(3) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.

(4) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation.

(k) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional manager’s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator’s decision is considered final and concludes the licensee’s administrative appeal rights regarding the appeal conducted pursuant to this paragraph.

(3) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation.

(l) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.

(m) This section shall become operative on July 1, 2017.

history: (History: Repealed (in Sec. 15) and added by Stats. 2016, Ch. 823, Sec. 16. (AB 2231) Effective January 1, 2017. Section operative July 1, 2017, by its own provisions.)


text:
(a) The State Department of Social Services shall adopt guidelines and procedures to permit an aide to assist a fully qualified child care teacher in the supervision of up to 18 preschool age children, with the requirement that the aide shall complete at least two accredited postsecondary semester units or equivalent quarter units of early childhood education or child development per semester or quarter, commencing with the first semester or quarter following initial employment and continuing until six units have been completed.

(b) For purposes of this section, “preschool age children” means children who are enrolled in a child day care center licensed by the department and who are not enrolled in either an infant care center or a schoolage child day care center, as these terms are defined in Title 22 of the California Code of Regulations.

(c) This section shall not become operative prior to June 30, 1993.

history: (History: Added by Stats. 1993, Ch. 246, Sec. 3. Effective (and operative) August 2, 1993.)

article: 3. Administration


text:
The department and the local agencies with which it contracts for the licensing of family day care homes for children shall grant or deny a license to a family day care home for children within 30 days after receipt of all appropriate licensing application materials as determined by the department, provided both of the following conditions are met:

(a) A site visit has been completed and the family day care home has been found to be in compliance with licensing standards.

(b) The applicant and each person described by subdivision (b) of Section 1596.871 has obtained a criminal record clearance, or been granted a criminal record exemption by the department or the local contracting agency.

The department shall conduct an initial site visit within 30 days after the receipt of all appropriate licensing application materials.

history: (History: Amended by Stats. 1997, Ch. 606, Sec. 11. Effective October 3, 1997.)


text:
(a) When the department determines that a family day care home for children is operating without a license and notifies the unlicensed provider of the requirement for the license, the licensing agency may issue a cease and desist order only if it finds and documents that continued operation of the facility will be dangerous to the health and safety of the children or if a license held by the facility has been revoked by the department within two years preceding the determination of unlicensed operation. In all other cases where the licensing agency determines such a facility is operating without a license and notifies the unlicensed provider of the requirements for the license, the licensing agency may issue a cease and desist order only if the unlicensed provider does not apply for a license within a reasonable time after the notice.

(b) If an unlicensed family day care home fails to respond to a cease and desist order issued pursuant to subdivision (a), or if the department determines it necessary to protect the immediate health and safety of the children, the licensing agency may bring an action to enjoin such a home from continuing to operate pursuant to Section 1596.89.

(c) The district attorney of a county shall, upon application by the department, institute and conduct the prosecution of any action brought by the licensing agency against an unlicensed family day care home located in that county.

history: (History: Amended by Stats. 1988, Ch. 1098, Sec. 4.)


text:
(a) The department may impose civil penalties of not less than twenty-five dollars ($25) and not more than fifty dollars ($50) per day per violation for uncorrected violations that present an immediate or potential risk to the health and safety of children in care. The penalties shall be imposed in accordance with Sections 1596.893b and 1597.56.

(b) The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code.

history: (History: Amended by Stats. 2008, Ch. 291, Sec. 25.2. Effective September 25, 2008.)


text:
(a) A family daycare home licensee shall be present in the home and shall ensure that children in care are provided care and supervision during all hours of operation.

(b) (1) Notwithstanding subdivision (a), when circumstances require a licensee to occasionally be temporarily absent from a family daycare home during its hours of operation, the licensee shall arrange for a substitute adult to provide care and supervision of the children in care if the family daycare home operates during the temporary absence.

(2) A temporary absence of the licensee shall not exceed 20 percent of the hours that the family daycare home is providing care in any given calendar month.

(3) The department may waive the requirements of this subdivision on an individual basis if the waiver is reasonable and necessary to carry out this act and not detrimental to the health and safety of any child in care.

(c) Prior to a substitute adult’s initial presence in a family daycare home, a licensee shall ensure the substitute adult does all of the following, and complies with any additional requirements established by the department:

(1) Obtains a criminal record clearance or exemption pursuant to Section 1596.871.

(2) Completes the health and safety training described in Section 1596.866, as demonstrated by a current course completion card in pediatric first aid, pediatric cardiopulmonary resuscitation (CPR), and preventive health practices.

(3) Is immunized against influenza, pertussis, and measles pursuant to Section 1597.622.

(d) A family daycare home shall provide prior written notice to the parent or legal guardian of each child in care regarding any temporary absence of the licensee. If prior notice is impractical based on emergency circumstances, then written notice shall be provided no later than the next business day following the temporary absence.

(e) A family daycare home shall report a temporary absence of the licensee to the department no later than the next business day following the temporary absence. In addition, a written report shall be submitted to the department within seven calendar days of any temporary absence of the licensee. The written report shall include, a minimum, all of the following:

(1) The name of the substitute adult.

(2) The date and time of the temporary absence.

(3) An attestation signed by the licensee indicating whether the requirements of subdivisions (c) and (d) were met.

(f) A family daycare home shall maintain documentation of compliance with this section and with Sections 1596.866, 1596.871, and 1597.622 regarding a substitute adult.

(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted.

history: (History: Added by Stats. 2026, Ch. 25, Sec. 26. (AB 150) Effective June 29, 2026.)


text:
The Legislature finds and declares the following:

(a) It is significant that the Santa Clara County Intergovernmental Council has found that due to changes in the labor force and an increase in the child population, 25 percent of the nation’s workers must make child care arrangements.

(b) Californians will benefit from investment in child care. According to the House Select Committee on Children, Youth, and Families, one dollar invested in preschool education results in a savings of four dollars and seventy-five cents ($4.75) in social costs.

(c) Allowing and encouraging businesses to open onsite or nearsite employer-sponsored child care centers has had a number of positive effects for Californians, including reduced job absenteeism, closer parent-child relationships, and increased worker productivity.

(d) In a 1990 study, the Department of General Services found that working parents add five to six miles to their daily commute for transporting their children to child care and school, and that the effect of this commute is 1,352 extra miles driven each year and an additional 56 pounds of auto emissions per person per year.

history: (History: Added by Stats. 1994, Ch. 690, Sec. 4. Effective January 1, 1995.)

article: 1. General Provisions

path: 2. LICENSING PROVISIONS > 3.65. Employer-Sponsored Child Care Centers > 1. General Provisions


text: To encourage and facilitate the establishment of employer-sponsored child day care centers, the department shall allow for reasonable waivers of those regulations presenting difficulties to small businesses for licensure, provided that the health and safety of all children is maintained and that the applicant has agreed to alternative methods of meeting the purpose and intent of any regulation waived.

history: (History: Added by renumbering Section 1571.71 by Stats. 2009, Ch. 140, Sec. 104. (AB 1164) Effective January 1, 2010.)

path: 2. LICENSING PROVISIONS > 3.65. Employer-Sponsored Child Care Centers > 2. Licensing Waivers for Small Businesses


text:
This chapter shall apply to information technology systems and services under the jurisdiction of the State Department of Social Services used to carry out the purposes and intent of any of the following:

(a) Chapter 3 (commencing with Section 1500).

(b) Chapter 3.01 (commencing with Section 1568.01).

(c) Chapter 3.15 (commencing with Section 1568.21).

(d) Chapter 3.2 (commencing with Section 1569).

(e) Chapter 3.35 (commencing with Section 1596.60).

(f) Chapter 3.4 (commencing with Section 1596.70).

(g) Chapter 3.5 (commencing with Section 1596.90).

(h) Chapter 3.6 (commencing with Section 1597.30).

(i) Chapter 3.62 (commencing with Section 1597.640).

(j) Chapter 3.65 (commencing with Section 1597.70).

(k) Chapter 10 (commencing with Section 1770).

(l) Chapter 13 (commencing with Section 1796.10).

(m) Chapter 15 (commencing with Section 1796.80).

history: (History: Added by Stats. 2026, Ch. 26, Sec. 3. (AB 152) Effective June 29, 2026.)

path: 2. LICENSING PROVISIONS > 3.66. Information Technology Systems and Services Modernization


text: A user of the information technology systems and services described in Section 1597.80 may use an electronic signature, as defined in Section 1633 of the Civil Code, that complies with state and federal standards, as determined by the State Department of Social Services. The use of an electronic signature shall have the same force and effect as the use of a manual signature.

chapter: 3.66. Information Technology Systems and Services Modernization


text: A user of the information technology systems and services described in Section 1597.80 may electronically pay any fee or civil penalty assessed by the State Department of Social Services. A user who elects to make an electronic payment pursuant to this section shall be responsible for any associated payment processing costs, including, but not limited to, service fees, processing fees, transaction fees, convenience fees, and credit card surcharge fees.


text: The State Department of Social Services may adopt, amend, or repeal any rules and regulations that may be necessary or proper to carry out the purposes and intent of this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.


text:
(a) In addition to the visits required by Section 1597.09, the department shall annually make unannounced spot visits to 20 percent of all child day care centers licensed under this chapter, except schoolage child day care centers. The unannounced visits may be made at any time during the facility’s business hours. At no time shall other site visit requirements described by this section prevent a timely site visit response to a complaint as required by Section 1596.853.

(b) The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code.

history: (History: Amended by Stats. 2002, Ch. 1022, Sec. 5. Effective September 28, 2002.)

article: 3. Administration


text:
(a) A small family daycare home shall not be subject to Article 1 (commencing with Section 13100) or Article 2 (commencing with Section 13140) of Chapter 1 of Part 2 of Division 12, except that a small family daycare home shall contain a fire extinguisher and smoke detector device that meet standards established by the State Fire Marshal.

(b) A small family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections.

history: (History: Added by Stats. 2019, Ch. 244, Sec. 10. (SB 234) Effective January 1, 2020.)


text:
A large family day care home may provide care for more than 12 children and up to and including 14 children, if all of the following conditions are met:

(a) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

(b) No more than three infants are cared for during any time when more than 12 children are being cared for.

(c) The licensee notifies a parent that the facility is caring for two additional schoolage children and that there may be up to 13 or 14 children in the home at one time.

(d) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

history: (History: Amended by Stats. 2003, Ch. 744, Sec. 2. Effective January 1, 2004.)


text:
(a) Whenever any licensee under this chapter 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.

(b) (1) 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 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.

(2) 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.

(c) The department may develop the report form to be used for reporting purposes pursuant to this section, and shall maintain all reports filed under this section in a manner that allows the department to report the data to the Legislature.

(d) The failure of a licensee to report, as prescribed by this section, any injury of, or act of violence to, a child under the licensee’s care may be grounds for the suspension of his or her license pursuant to this chapter, but shall not constitute a misdemeanor.

(e) Nothing in this section shall relieve any licensee of any obligation imposed by other law including, but not limited to, laws relating to seeking medical attention for a child or reporting suspected child abuse.

history: (History: Added by Stats. 2001, Ch. 679, Sec. 1. Effective January 1, 2002.)


text:
(a) All family day care homes for children shall maintain in force either liability insurance covering injury to clients and guests in the amount of at least one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) in the total annual aggregate, sustained on account of the negligence of the licensee or its employees, or a bond in the aggregate amount of three hundred thousand dollars ($300,000). In lieu of the liability insurance or the bond, the family day care home may maintain a file of affidavits signed by each parent with a child enrolled in the home which meets the requirements of this subdivision. The affidavit shall state that the parent has been informed that the family day care home does not carry liability insurance or a bond according to standards established by the state. If the provider does not own the premises used as the family day care home, the affidavit shall also state that the parent has been informed that the liability insurance, if any, of the owner of the property or the homeowners’ association, as appropriate, may not provide coverage for losses arising out of, or in connection with, the operation of the family day care home, except to the extent that the losses are caused by, or result from, an action or omission by the owner of the property or the homeowners’ association, for which the owner of the property or the homeowners’ association would otherwise be liable under the law. These affidavits shall be on a form provided by the department and shall be reviewed at each licensing inspection.

(b) A family day care home that maintains liability insurance or a bond pursuant to this section, and that provides care in premises that are rented or leased or uses premises which share common space governed by a homeowners’ association, shall name the owner of the property or the homeowners’ association, as appropriate, as an additional insured party on the liability insurance policy or bond if all of the following conditions are met:

(1) The owner of the property or governing body of the homeowners’ association makes a written request to be added as an additional insured party.

(2) The addition of the owner of the property or the homeowners’ association does not result in cancellation or nonrenewal of the insurance policy or bond carried by the family day care home.

(3) Any additional premium assessed for this coverage is paid by the owner of the property or the homeowners’ association.

(c) As used in this section, “homeowners’ association” means an association of a common interest development, as defined in Sections 4080 and 4100 of the Civil Code.

history: (History: Amended by Stats. 2012, Ch. 181, Sec. 62. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)


text:
(a) The department shall adopt regulations regarding age-appropriate immunization requirements for enrolled children for family day care homes.

(b) All family day care homes for children shall maintain evidence that enrolled children have met the age-appropriate immunization requirements adopted pursuant to this section.

history: (History: Added by Stats. 1992, Ch. 1316, Sec. 9. Effective January 1, 1993.)


text:
(a) The Division of Child Care Licensing in the department shall clearly differentiate degrees of violations of the regulations adopted for purposes of this chapter by the impact upon children in care.

(b) The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code.

history: (History: Amended by Stats. 1993, Ch. 726, Sec. 9. Effective October 4, 1993.)


text:
(a) The State Fire Marshal shall update the building and fire standards necessary to implement the sections of this chapter relating to life and fire safety, including, but not limited to, Sections 1597.455 and 1597.46, and shall publish the updates in the California Code of Regulations (CCR) in the next Title 19 and Title 24 CCR adoption cycle.

(b) Prior to the publication of the updates required by subdivision (a), but not later than January 1, 2021, the State Fire Marshal shall issue guidance on implementing the sections listed in subdivision (a).

(c) The State Fire Marshal shall update the regulations at least every three years to conform to changes in this chapter. The State Fire Marshal may issue guidance on implementing this chapter annually in the years in which the regulations are not updated in Title 19 and Title 24 of the CCR.

history: (History: Repealed and added by Stats. 2019, Ch. 244, Sec. 16. (SB 234) Effective January 1, 2020.)


text: Family day care homes that, on December 31, 1983, have a valid unexpired registration to operate as a family day care home for children pursuant to Section 1597.62 in one of the pilot counties shall be deemed to be issued a family day care license effective January 1, 1984. Licensure pursuant to this section shall not require a visit pursuant to the requirement set forth in subdivision (a) of Section 1597.55. However, all other requirements of licensing shall continue to be met. Complaint and revocation procedures may be enforced.

history: (History: Amended by Stats. 1992, Ch. 1315, Sec. 37. Effective January 1, 1993.)


text:
(a) (1) Commencing September 1, 2016, a person shall not be employed or volunteer at a family day care home if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year.

(2) If a person meets all other requirements for employment or volunteering, as applicable, but needs additional time to obtain and provide his or her immunization records, the person may be employed or volunteer conditionally for a maximum of 30 days upon signing and submitting a written statement attesting that he or she has been immunized as required.

(b) A person is exempt from the requirements of this section only under any of the following circumstances:

(1) The person submits a written statement from a licensed physician declaring that because of the person’s physical condition or medical circumstances, immunization is not safe.

(2) The person submits a written statement by a licensed physician providing that the person has evidence of current immunity to the diseases described in subdivision (a).

(3) The person submits a written declaration that he or she has declined the influenza vaccination. This exemption applies only to the influenza vaccine.

(4) The person was hired after December 1 of the previous year and before August 1 of the current year. This exemption applies only to the influenza vaccine during the first year of employment or volunteering.

(c) The family day care home shall maintain documentation of the required immunizations or exemptions from immunization, as set forth in this section, in the person’s personnel record that is maintained by the family day care home.

(d) For purposes of this section, “volunteer” means any nonemployee who provides care and supervision to children in care.

history: (History: Added by Stats. 2015, Ch. 807, Sec. 4. (SB 792) Effective January 1, 2016.)


text:
(a) Except as required by state or federal or as required to administer a state or federally supported educational program, licensed child daycare facilities, employees of licensed child daycare facilities, and license-exempt California state preschool program facilities shall not collect information or documents regarding citizenship or immigration status of children or their family members.

(b) (1) (A) The licensee or administrator of a licensed child daycare facility, as applicable, shall report to the State Department of Social Services and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency, for the purpose of immigration enforcement. The licensee or administrator shall not provide the personal information, as defined in Section 1798.3 of the Civil Code, of staff, children in care, or their relatives and family members, except that a licensee or administrator of a licensed child daycare facility may provide to the State Department of Social Services and Attorney General documentation that the licensee or administrator has received from an officer or employee of a law enforcement agency that includes that personal information.

(B) A license-exempt California state preschool program facility may submit the report described in subparagraph (A) to the State Department of Education and Attorney General. If the report is submitted, the facility shall ensure the confidentiality and privacy of any information in accordance with the right to privacy contained in Section 1 of Article I of the California Constitution. An individual making a report pursuant to this paragraph shall not be required to offer or submit any personally identifying information, including, but not limited to, their name, phone number, or address.

(2) The State Department of Social Services and the State Department of Education is not responsible for confirming whether a report was made to the Attorney General, as described in paragraph (1), and failing to make that report to the Attorney General is not a violation of this section.

(3) The State Department of Social Services shall provide any information on licensed California state preschool program facilities collected pursuant to this subdivision to the Superintendent of Public Instruction for legislative reporting purposes.

(c) A licensee or administrator of a licensed child daycare facility or a license-exempt California state preschool program facility shall request parents or authorized representatives to review and update their emergency contact information, as needed.

(d) If a licensee, administrator, or worker, or any other representative, of a licensed child daycare facility or a license-exempt California state preschool program facility is aware that a child’s parent or authorized representative is not available to care for the child, the facility shall first exhaust any parental instruction relating to the child’s care found in the child’s emergency contact information.

(e) Nothing in this section prohibits a licensed child daycare facility or a license-exempt California state preschool program facility from establishing stronger standards and protections, in accordance with applicable laws.

(f) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, including, but not limited to, child daycare licensees, the State Department of Social Services, the State Department of Education, and the Early Childhood Policy Council established pursuant to Section 10320 of the Welfare and Institutions Code, shall publish model policies limiting assistance with immigration enforcement at licensed child daycare facilities and license-exempt California state preschool program facilities to the fullest extent possible consistent with federal and state law, and ensuring that those facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:

(A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement.

(B) Procedures for facility employees to notify the licensee or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement.

(C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement.

(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.

(g) (1) The State Department of Social Services shall inform licensed child daycare facilities, and the State Department of Education shall inform license-exempt California state preschool program facilities, of the model policies published by the Attorney General pursuant to subdivision (f).

(2) All California state preschool programs, including both those that are licensed and those that are license-exempt, shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Those California state preschool programs shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General.

(3) A licensed child daycare facility and license-exempt California state preschool program facilities shall ensure parents or authorized representatives of children in care are aware of the model policies published by the Attorney General pursuant to subdivision (f), including, but not limited to, how to obtain a copy of the model policies.

(h) (1) A licensed child daycare facility and a license-exempt California state preschool program facility shall provide a child’s parent or authorized representative with information about how to access the model policies described in paragraph (1) of subdivision (f) as best practices guidance.

(2) The State Department of Social Services shall inform licensed child day care facilities, and the State Department of Education shall inform license-exempt California state preschool program facilities, of any revisions or updates to the model policies described in paragraph (1) of subdivision (f) when the applicable department is notified by the Attorney General of updates to the model policies.

(3) Any information, policies, or guidance provided by facilities to parents or authorized representatives shall be revised as necessary to be consistent with any revisions or updates to the model policies issued by the Attorney General.

(i) For purposes of this section, the following terms have the following meanings:

(1) “California state preschool program” means any classroom that is funded, in whole or in part, by funds received pursuant to Section 8207 of the Education Code.

(2) “License-exempt California state preschool program facility” means a California state preschool program that is exempt from licensure under the California Child Day Care Act pursuant to subdivision (o) of Section 1596.792.

(3) “Licensed child daycare facility” means a child daycare facility, as defined in Section 1596.750, that is licensed pursuant to the California Child Day Care Act.

(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, make specific, and administer this section by means of interim licensing standards that shall have the same force and effect as regulations, until regulations are adopted.

history: (History: Added by Stats. 2025, Ch. 664, Sec. 6. (AB 495) Effective January 1, 2026.)

path: 2. LICENSING PROVISIONS > 3.62. Family Preparedness in Licensed Child Daycare Facilities


citation: HSC § 1598

text: It is the intent of the Legislature in the enactment of this chapter to establish a grant program administered by the State Department of Social Services to provide support to existing local rape victim counseling centers and to encourage the establishment of such local centers.

history: (History: Added by Stats. 1978, Ch. 1312.)

path: 2. LICENSING PROVISIONS > 3.7. Local Rape Victim Counseling Centers


text:
The State Department of Social Services shall provide grants to proposed and existing local rape victim counseling centers. Such centers shall maintain a 24-hour telephone counseling service for rape victims, appropriate in-person counseling and referred service during normal business hours, and maintain other standards or services which shall be determined to be appropriate by the advisory committee established pursuant to Section 13836 of the Penal Code as grant conditions. The advisory committee shall identify the criteria to be utilized in awarding the grants provided by this chapter before any funds are allocated.

In order to be eligible for funding pursuant to this chapter, the centers shall demonstrate an ability to receive and make use of any funds available from governmental, voluntary, philanthropic, or other sources which may be used to augment any state funds appropriated for purposes of this chapter. Each center receiving funds pursuant to this chapter shall make every attempt to qualify for any available federal funding.

State funds provided to establish centers shall be utilized when possible, as determined by the advisory committee, to expand the program and shall not be expended to reduce fiscal support from other public or private sources. The centers shall maintain quarterly and final fiscal reports in a form to be prescribed by the advisory committee. In granting funds, the advisory committee shall give priority to centers which are operated in close proximity to medical treatment facilities.

history: (History: Amended by Stats. 1980, Ch. 917.)

chapter: 3.7. Local Rape Victim Counseling Centers


text: The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the State Department of Social Services for expenditure during the 1978–79 fiscal year. Only 5 percent of such funds shall be used for the state administration of the grant program. After the 1978–79 fiscal year, the grant program provided pursuant to Section 1598.1 shall be funded through the regular budgetary process. The funds shall be administered through the Violent Crime Victim Assistance Commission, if created.


citation: HSC § 1599

text: It is the intent of the Legislature in enacting this chapter to expressly set forth fundamental human rights which all patients shall be entitled to in a skilled nursing, intermediate care facility, or hospice facility, as defined in Section 1250, and to ensure that patients in such facilities are advised of their fundamental rights and the obligations of the facility.

history: (History: Amended by Stats. 2012, Ch. 673, Sec. 6. (SB 135) Effective January 1, 2013.)

path: 2. LICENSING PROVISIONS > 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights


text:
Written policies regarding the rights of residents shall be established and shall be made available to the resident, to any guardian, next of kin, sponsoring agency or representative payee, and to the public. Those policies and procedures shall ensure that each resident admitted to the facility has the following rights and is notified of the following facility obligations, in addition to those specified by regulation:

(a) The facility shall employ an adequate number of qualified personnel to carry out all of the functions of the facility.

(b) Each resident shall show evidence of good personal hygiene and be given care to prevent bedsores, and measures shall be used to prevent and reduce incontinence for each resident.

(c) The facility shall provide food of the quality and quantity to meet the residents’ needs in accordance with physicians’ orders.

(d) The facility shall provide an activity program staffed and equipped to meet the needs and interests of each resident and to encourage self-care and resumption of normal activities. Residents shall be encouraged to participate in activities suited to their individual needs.

(e) The facility shall be clean, sanitary, and in good repair at all times.

(f) A nurses’ call system shall be maintained in operating order in all nursing units and provide visible and audible signal communication between nursing personnel and residents. Extension cords to each resident’s bed shall be readily accessible to residents at all times.

(g) (1) If a facility has a significant beneficial interest in an ancillary health service provider or if a facility knows that an ancillary health service provider has a significant beneficial interest in the facility, as provided by subdivision (a) of Section 1323, or if the facility has a significant beneficial interest in another facility, as provided by subdivision (c) of Section 1323, the facility shall disclose that interest in writing to the resident, or the resident’s representative, and advise the resident, or the resident’s representative, that the resident may choose to have another ancillary health service provider, or facility, as the case may be, provide any supplies or services ordered by a member of the medical staff of the facility.

(2) A facility is not required to make any disclosures required by this subdivision to a resident, or the resident’s representative, if the resident is enrolled in an organization or entity that provides or arranges for the provision of health care services in exchange for a prepaid capitation payment or premium.

(h) (1) If a resident of a long-term health care facility has been hospitalized in an acute care hospital and asserts their rights to readmission pursuant to bed hold provisions, or readmission rights of either state or federal law, and the facility refuses to readmit them, the resident may appeal the facility’s refusal.

(2) The refusal of the facility, as described in this subdivision, shall be treated as if it were an involuntary transfer under federal law, and the rights and procedures that apply to appeals of transfers and discharges of nursing facility residents shall apply to the resident’s appeal under this subdivision.

(3) If the resident appeals pursuant to this subdivision, and the resident is eligible under the Medi-Cal program, the resident shall remain in the hospital and the hospital may be reimbursed at the administrative day rate, pending the final determination of the hearing officer, unless the resident agrees to placement in another facility.

(4) If the resident appeals pursuant to this subdivision, and the resident is not eligible under the Medi-Cal program, the resident shall remain in the hospital if other payment is available, pending the final determination of the hearing officer, unless the resident agrees to placement in another facility.

(5) If the resident is not eligible for participation in the Medi-Cal program and has no other source of payment, the hearing and final determination shall be made within 48 hours.

(i) (1) Sections 483.10, 483.12, 483.15, and 483.24 of Title 42 of the Code of Federal Regulations in effect on July 13, 2017, shall apply to each skilled nursing facility and intermediate care facility, regardless of a resident’s payment source or the Medi-Cal or Medicare certification status of the skilled nursing facility or intermediate care facility in which the resident resides, except that a noncertified facility is not obligated to provide notice of Medicaid or Medicare benefits, covered services, or eligibility procedures.

(2) Sections 483.10, 483.12, 483.15, and 483.24 of Title 42 of the Code of Federal Regulations in effect on July 13, 2017, shall apply to each hospice facility, regardless of a resident’s payment source or the Medi-Cal or Medicare certification status of the hospice facility in which the resident resides, except that a noncertified facility is not obligated to provide notice of Medicaid or Medicare benefits, covered services, or eligibility procedures and a hospice facility is not obligated to comply with the provisions of subdivision (f) of Section 483.15 of Title 42 of the Code of Federal Regulations.

(3) All residents of skilled nursing facilities, intermediate care facilities, and hospice facilities have the right to appeal an involuntary transfer or discharge through the appeal process provided under Section 483.204 of Title 42 of the Code of Federal Regulations, regardless of a resident’s payment source or the Medi-Cal or Medicare certification status of the skilled nursing facility, intermediate care facility, or hospice facility in which the resident resides.

(j) In addition to other rights to provide or withhold informed consent to a proposed treatment or procedure, a resident shall have the right to receive the information that is material to an individual’s informed consent decision concerning whether to accept or refuse the administration of psychotherapeutic drugs pursuant to Sections 72528 and 73524 of Title 22 of the California Code of Regulations. The disclosure of material information for administration of psychotherapeutic drugs shall also include the disclosures required by Section 1599.15.

(k) A resident shall have the right to be free from psychotherapeutic drugs used for the purpose of resident discipline or convenience. The resident shall have the right to be free from psychotherapeutic drugs used as a chemical restraint, except in an emergency as described in subdivision (e) of Section 72528 of, or subdivision (e) of Section 73524 of, Title 22 of the California Code of Regulations. If a chemical restraint is administered during that emergency, that drug shall be only a drug that is required to treat the unanticipated condition, after being deemed the least intrusive treatment alternative for the resident, and used only for a specified and limited period of time. As used in this section, “chemical restraint” means a drug used to control behavior and used in a manner not required to treat the resident’s medical symptoms.

(l) “Resident” shall have the same meaning as provided in Section 1599.15.

history: (History: Amended by Stats. 2023, Ch. 794, Sec. 3. (AB 48) Effective January 1, 2024.)

chapter: 3.9. Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights


text:
Written information informing patients of their rights shall include a preamble or preliminary statement in substantial form as follows:

(a) Further facility requirements are set forth in the Health and Safety Code, and in Title 22 of the California Administrative Code.

(b) Willful or repeated violations of either code may subject a facility and its personnel to civil or criminal proceedings.

(c) Patients have the right to voice grievances to facility personnel free from reprisal and can submit complaints to the State Department of Health Services or its representative.

history: (History: Added by Stats. 1979, Ch. 893.)


text: Any rights under this chapter of a patient judicially determined to be incompetent, or who is found by his physician to be medically incapable of understanding such information, or who exhibits a communication barrier, shall devolve to such patient’s guardian, conservator, next of kin, sponsoring agency, or representative payer, except when the facility itself is the representative payer.


text: In no event shall this chapter be construed or applied in a manner which imposes new or additional obligations or standards on skilled nursing, intermediate care facilities, or hospice facilities or their personnel, other than in regard to the notification and explanation of patient’s rights or unreasonable costs.

history: (History: Amended by Stats. 2012, Ch. 673, Sec. 8. (SB 135) Effective January 1, 2013.)


text:
(a) As used in this section, the following definitions shall apply:

(1) “Informed consent” means the voluntary agreement of a resident or a resident’s representative to accept a treatment or procedure after receiving information in accordance with subdivisions (b) to (e), inclusive, of this section, subdivision (j) of Section 1599.1, and in accordance with Section 1418.8, if applicable.

(2) “Psychotherapeutic drug” means a drug to control behavior or to treat thought disorder processes, excluding antidepressants.

(3) “Representative” means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the resident’s valid advance health care directive, the resident’s spouse, registered domestic partner, or family member, a person designated by the resident, or other legally designated individual.

(4) “Resident” means a person who is receiving care at a skilled nursing facility or an intermediate care facility, as those facilities are defined in Section 1250.

(b) (1) Prior to prescribing a psychotherapeutic drug for a resident, the prescriber shall personally examine and obtain the informed written consent of the resident or the resident’s representative.

(2) The prescriber shall communicate, and the written consent form shall contain, in a language the resident understands, the information a reasonable person in the resident’s condition and circumstances would consider material to a decision to accept or refuse the drug. However, if written translation services are not timely available, the written consent form may be provided in English with oral interpretation in a language that the resident understands. If the resident is hearing impaired or vision impaired, the material information and written consent form shall be provided in an accessible format.

(3) The form shall be signed by the resident or the resident’s representative. The form shall also be signed by a health care professional who declares the resident or resident representative has been provided the material information. If the signature of the resident or resident’s representative cannot be obtained, a licensed nurse shall sign the form and verify that they confirmed informed consent with the resident or resident’s representative and state the name of the person with whom they verified informed consent and the date. Copies of the signed consent form shall be given to the resident and their representative.

(4) Within six months after the consent form is signed, and every six months thereafter during which the resident receives a psychotherapeutic drug, the facility shall provide a written notice to the resident and, if applicable, the resident’s representative, of any recommended dosage adjustments and the resident’s right to revoke consent and to receive gradual dose reductions and behavioral interventions in an effort to discontinue the psychotherapeutic drug.

(5) For purposes of obtaining informed written consent pursuant to this subdivision, the use of remote technology, including, but not limited to, telehealth, to allow a prescriber to examine and obtain informed written consent, and for the prescriber, the resident or the resident’s representative to use electronic signatures, shall be permitted.

(c) In addition to the information required by subdivision (j) of Section 1599.1, the prescriber shall provide the following information material to an informed consent decision concerning the administration of a psychotherapeutic drug:

(1) Possible nonpharmacologic approaches that could address the resident’s needs.

(2) Whether the drug has a current boxed warning label along with a summary of, and information about how to find, the contraindications, warnings, and precautions required by the United States Food and Drug Administration.

(3) Whether a proposed drug is being prescribed for a purpose that has or has not been approved by the United States Food and Drug Administration.

(4) Possible interactions with other drugs the resident is receiving.

(5) How the facility and prescriber will monitor and respond to any adverse side effects and inform the resident of side effects.

(d) Before initiating treatment with psychotherapeutic drugs, facility staff shall verify that the resident’s health record contains a written consent form with the signatures required under subdivision (b), except as specified in subdivision (j). For a prescription written prior to the admission and encompassing the admission of the resident, the facility staff shall verify that the resident or the resident’s representative gave informed consent and make a notation in the resident’s records.

(e) Residents’ rights policies and procedures established pursuant to this section and Section 1599.1 concerning informed consent shall specify how the facility will verify that the resident provided informed consent or refused treatment or a procedure pertaining to the administration of psychotherapeutic drugs.

(f) This section shall not be construed to require a facility to obtain informed consent each time a drug is administered unless material circumstances or risks change.

(g) A violation of subdivision (c) shall be presumed to have caused the affected residents harm, which may be rebutted, and shall be classified as a class “B,” “A,” or “AA” violation, according to the nature of the violation pursuant to the standards established in Section 1424, and cited accordingly by the State Department of Public Health.

(h) In addition to any other penalties set forth in this section, the willful or repeated violation of this section is punishable as a misdemeanor unless there is an emergency as described in subdivision (e) of Section 72528 of, or subdivision (e) of Section 73524 of, Title 22 of the California Code of Regulations.

(i) The State Department of Public Health shall, in consultation with interested stakeholders, develop a standardized informed consent form.

(j) Skilled nursing facilities and intermediate care facilities shall not be required to include the written consent form in the resident’s health record until the informed consent form is available as developed by the department. The department shall have a final informed consent form available to skilled nursing facilities and intermediate care facilities by December 31, 2025. Nothing in this section negates existing informed consent requirements in law or regulations.

(k) This section shall not apply to an individual under the care of the State Department of State Hospitals.

(l) Notwithstanding any other law, the department may, without taking any regulatory actions pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an All Facilities Letter (AFL) or similar instruction.

history: (History: Added by Stats. 2023, Ch. 794, Sec. 4. (AB 48) Effective January 1, 2024.)


text:
As used in this chapter:

(a) “Abbreviated contract of admission” means a contract which meets the provisions of this chapter, except as otherwise provided, for a resident who is receiving respite care services, as defined in Section 1418.1. The following provisions of this chapter shall not apply to an abbreviated contract of admission: subdivision (b) of Section 1599.65, subdivision (b) of Section 1599.67, Section 1599.69, subdivision (b) of Section 1599.76, and Section 1599.79.

(b) “Contract of admission” includes all documents which a resident or his or her representative must sign at the time of, or as a condition of, admission to a long-term health care facility, as defined in Section 1326.

(c) “Department” means the State Department of Health Services or its designee.

history: (History: Amended by Stats. 1990, Ch. 1329, Sec. 4.5. Effective September 26, 1990.)

path: 2. LICENSING PROVISIONS > 3.93. Admission Contracts for Long-Term Health Care Facilities


text:
(a) By January 1, 2000, all skilled nursing facilities, as defined in subdivision (c) of Section 1250, intermediate care facilities, as defined in subdivision (d) of Section 1250, and nursing facilities, as defined in subdivision (k) of Section 1250, shall use a standard admission agreement developed and adopted by the department. This standard agreement shall comply with all applicable state and federal laws.

(b) (1) No facility shall alter the standard agreement unless so directed by the department.

(2) The department may develop an abbreviated admission agreement for patients whose length of stay is anticipated to be 14 days or less. This abbreviated agreement may be developed to coordinate with the standard admission agreement. If the patient’s stay exceeds 14 days, the nursing facility shall obtain agreement to the remainder of the standard admission agreement.

(3) Nothing in this section shall prevent a skilled nursing facility, an intermediate care facility, or a nursing facility from distributing written explanations of facility-specific rules and procedures, provided that the written explanations are not included or incorporated in, or attached to the standard admission agreement, nor signed by the resident or his or her representative.

(c) Subdivisions (a) and (b) shall apply to all new admissions to skilled nursing facilities, intermediate care facilities, and nursing facilities that occur after December 31, 1999.

(d) By January 1, 2000, the department shall consolidate and develop one comprehensive Patients’ Bill of Rights that includes the provisions contained in Chapter 3.9 (commencing with Section 1599), the regulatory resident rights for skilled nursing facilities under Section 72527 of Title 22 of the California Code of Regulations, the regulatory resident rights for intermediate care facilities under Section 73523 of Title 22 of the California Code of Regulations, and the rights afforded residents under Section 483.10 et seq. of Title 42 of the Code of Federal Regulations.

This comprehensive Patients’ Bill of Rights shall be a mandatory attachment to all skilled nursing facility, intermediate care facility, and nursing facility contracts as specified in Section 1599.74 of this chapter.

(e) By January 1, 2000, the department shall ensure the translation of the Patients’ Bill of Rights described in subdivision (d) into Spanish, Chinese, and other languages as needed to provide copies of the Patients’ Bill of Rights to members of any ethnic group that represents at least 1 percent of the state’s skilled nursing facility, intermediate care facility, and nursing facility population.

(f) Translated copies of the Patients’ Bill of Rights shall be made available to all long-term health care facilities in the state, including skilled nursing facilities, intermediate care facilities, and nursing facilities. It shall be the responsibility of the long-term health care facilities to duplicate and distribute the translated versions of the Patients’ Bill of Rights with admissions agreements, when appropriate.

(g) Nothing in this section is intended to change existing statutory or regulatory requirements governing the care provided to nursing facility residents. Similarly, nothing in this section is intended to create a new cause of action against a skilled nursing facility, an intermediate care facility, or a nursing facility as defined in Section 1250, related to its compliance with those existing statutory or regulatory requirements governing the care provided to nursing facility residents.

history: (History: Repealed and added by Stats. 1997, Ch. 631, Sec. 3. Effective January 1, 1998.)

chapter: 3.93. Admission Contracts for Long-Term Health Care Facilities


text:
(a) Contracts of admission shall not include unlawful waivers of facility liability for the health and safety or personal property of residents. No contract of admission shall include any provision which the facility knows or should know to be deceptive or unlawful under state or federal law.

(b) Violation of this chapter shall result in a Class B citation or a deficiency from the department. For purposes of this section, the admission agreement shall be viewed as a whole and shall result in only one citation.

(c) Unless otherwise expressly provided, the remedies or penalties provided by this chapter do not preclude a resident from seeking any other remedy and penalties available under all other laws of this state.

history: (History: Added by Stats. 1987, Ch. 625, Sec. 1.)


text:
(a) Every long-term health care facility shall make complete blank copies of its admission contract immediately available to the public at cost, upon request.

(b) Every long-term health care facility shall post conspicuously in a location accessible to public view within the facility either a complete copy of its admission contract or notice of the availability of it from the facility.


text:
(a) All abbreviated contracts of admission and contracts of admission shall be printed in black type of not less than 10-point type size, on plain white paper. The print shall appear on one side of the paper only.

(b) The contract shall be written in clear, coherent, and unambiguous language, using words with common and everyday meanings. It shall be appropriately divided, and each section captioned.

(c) The contract for a skilled nursing facility shall have an attachment that is placed before any other attachment and that shall disclose the name of the owner and licensee of the skilled nursing facility and the name and contact information of a single entity that is responsible for all aspects of patient care and the operation of the facility.

(d) An abbreviated contract of admission shall include a statement indicating that respite care services, as defined in Section 1418.1, provided by the skilled nursing facility or intermediate care facility is not a Medi-Cal covered service and can only be provided by the facility on a private-pay or third-party payor basis, unless the person is participating in a Medicaid waiver program pursuant to Section 1396n of Title 42 of the United States Code, or other respite care service already covered by the Medi-Cal program.

(e) An abbreviated contract of admission shall specify the discharge date agreed to upon admission by the skilled nursing facility or intermediate care facility and the person being admitted or his or her representative. This discharge date shall be binding as a ground for discharge in addition to any other ground for discharge pursuant to federal or state law and regulations.

(f) An abbreviated contract of admission shall include a statement informing the person being admitted for respite care services that the contract is designed specifically for the provision of respite care services and cannot be used for any other type of admission to the facility.

history: (History: Amended by Stats. 2009, Ch. 532, Sec. 1. (AB 1457) Effective January 1, 2010.)


text:
(a) Prior to or at the time of admission, the facility shall make reasonable efforts to communicate the content of the contract to, and obtain on the contract the signature of, the person who is to be admitted to the facility. Unless the prospective resident has been declared legally incompetent or is unable to understand and sign the contract because of his or her medical condition, he or she shall sign or cosign the admission agreement. In the event the patient is unable to sign the contract, the reason shall be documented in the resident’s medical record by the admitting physician. This provision does not preclude the facility from obtaining the signature of an agent, responsible party, or a legal representative, if applicable.

(b) The contract of admission for facilities certified to be reimbursed by Medi-Cal shall set forth, in bold capital letters of not less than 10-point type, the prohibition in Section 14110.8 of the Welfare and Institutions Code that no facility may require or solicit as a condition of admission that a Medi-Cal beneficiary have a responsible party sign or cosign the contract of admission. If the Medi-Cal beneficiary has an agent, then the signature of the agent may be required on the contract of admission.


text: Every contract of admission shall clearly and explicitly state whether the facility participates in the Medi-Cal program.


text:
(a) Every contract of admission shall state clearly what services and supplies are covered by the facility’s basic daily rate. In addition, the agreement shall specify in detail which services are optional, and the charges for these services, and indicate that residents will receive monthly statements itemizing all charges incurred by them.

(b) The contract of a facility that is a provider pursuant to Medicare, or Medi-Cal, or both, shall state that optional and covered services may be different for residents in those programs than for private pay residents. When a resident converts from Medicare or private pay to Medi-Cal, the facility shall give the resident a form listing Medi-Cal optional and covered services.

(c) Every contract of admission shall clearly state that the facility is required by law to provide no less than 30 days written notice to the residents of any increase for optional services or in the daily room rate charged by the facility, except as provided in subdivision (b) of Section 1288.


text: Any long-term health care facility that imposes interest charges on delinquent accounts shall clearly state in the contract of admission the rate of interest so charged and the method of computation.


text:
(a) The contract of admission for any long-term health care facility that is a Medi-Cal certified facility shall state in bold capital letters of not less than 10-point type that neither the prospective resident, nor his or her representative, may be required to pay privately for any period during which the resident has been approved for payment by Medi-Cal, and that as provided by Section 14019.3 of the Welfare and Institutions Code, upon presentation of the Medi-Cal card or other proof of eligibility, the facility shall submit a Medi-Cal claim for reimbursement, subject to the rules and regulations of the Medi-Cal program, and the facility shall return any and all payments made by the beneficiary, or any person on behalf of the beneficiary, for Medi-Cal program covered services upon receipt of Medi-Cal payment. The contract shall state in bold capital letters of not less than 10-point type that no certified facility may require as a condition of admission, either in its contract of admission or by oral promise prior to signing the contract, that residents remain in private pay status for a specified period of time.

(b) No contract of admission may require notice of a resident’s intent to convert to Medi-Cal status prior to the date of the resident’s application for Medi-Cal status. This subdivision does not preclude the facility from requesting notice from a resident who has been admitted.


text:
(a) No contract of admission may require a security deposit from a Medi-Cal beneficiary who applies for admission to the facility as a Medi-Cal patient.

(b) Any security deposit from a person paying privately upon admission shall be returned within 14 days of the private account being closed, or first Medi-Cal payment, whichever is later, and with no deduction for administration or handling charges.


text:
(a) No contract of admission shall require the resident to pay for days beyond the date of his or her death or involuntary discharge from the facility, except that a facility may charge the resident for a maximum of three days at the basic daily rate in the event that the resident is voluntarily discharged from the facility less than three days following his or her admission. This section does not affect the provision for a maximum of seven days’ payment under the bedhold regulation as specified in Section 72520 of Title 22 of the California Administrative Code.

(b) No contract of admission shall require advance notice of voluntary discharge from a facility.


text: No contract of admission shall include a clause requiring residents to sign a consent to all treatment ordered by any physician. Contracts of admission may require consent only for routine nursing care or emergency care. The admission contract shall contain a clause which informs the patient of the right to refuse treatments as set forth in paragraph (4) of subdivision (a) of Section 72527 of Title 22 of the California Administrative Code.


text:
(a) Every contract of admission shall state that residents have a right to confidential treatment of medical information.

(b) The contract shall provide a means by which the resident may authorize the disclosure of information to specific persons, by attachment of a separate sheet that conforms to the specifications of Section 56 of the Civil Code. After admission, the facility shall encourage residents having capacity to make health care decisions to execute an advance health care directive in the event that he or she becomes unable to give consent for disclosure. The facility shall make available upon request to the long-term care ombudsman a list of newly admitted patients.

history: (History: Amended by Stats. 1999, Ch. 658, Sec. 4. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)


text:
(a) The department shall translate both the statutory Patients’ Bill of Rights, as provided in Chapter 3.9 (commencing with Section 1599), the regulatory Patients’ Bill of Rights for Skilled Nursing Facilities (commencing with Section 72527 of Title 22 of the California Administrative Code), and, if appropriate, the regulatory Patients’ Bill of Rights for Intermediate Care Facilities (commencing with Section 73523 of Title 22 of the California Administrative Code), into Spanish and Chinese, and into other languages as needed for ethnic groups representing 1 percent or more of the nursing home population in the state. The department shall also translate the Patients’ Bill of Rights into Braille or have it recorded for the use of blind patients, or both. These translations shall be sent to all long-term health care facilities in the state.

(b) Every contract of admission shall contain a complete copy of both the statutory and regulatory Patients’ Bill of Rights. Notwithstanding any other provision of law, the text of the Patients’ Bill of Rights shall be in legible print of no less than 12-point type. If a translation has been provided by the department, the text given to non-English-speaking residents shall be in their language.

(c) The contract shall also contain a separate written acknowledgement that the resident has been informed of the Patients’ Bill of Rights.

Written acknowledgement by the resident or the resident’s representative must be made either on a separate document or in the agreement itself next to the clause informing the resident of these regulatory rights. Written acknowledgement by use of the signature on the agreement as a whole does not meet this requirement.

history: (History: Amended by Stats. 2002, Ch. 550, Sec. 1. Effective January 1, 2003.)


text:
(a) When referring to a resident’s obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.

(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.

(c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.

(d) The facility’s grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.

history: (History: Amended by Stats. 2022, Ch. 577, Sec. 3. (AB 895) Effective January 1, 2023.)


text:
(a) No contract of admission shall list any ground for involuntary transfer or discharge of the resident except those grounds which are specifically enumerated in either federal or state law.

(b) Every contract of admission to a long-term health care facility that participates in the Medi-Cal program shall state that the facility may not transfer or seek to evict any resident solely as a result of the resident changing his or her manner of purchasing the services from private payment or Medicare to Medi-Cal.


text:
With respect to transfer or eviction of a resident pursuant to Section 1439.7:

(a) Contracts of admission shall speak only of “material” or “fraudulent” misrepresentation of finances as possible grounds for discharge under that section.

(b) All contracts of admission shall state that the resident may file a complaint with the Office of the State Long-Term Care Ombudsman, or the department, or both, regarding any notice of discharge for material or fraudulent misrepresentation.