(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.

Terms Used In California Health and Safety Code 1597.55a

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23

(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 § 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.

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

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