Code Section

Health and Safety Code - HSC

DIVISION 2. LICENSING PROVISIONS [1200 - 1796.70]

  ( Division 2 enacted by Stats. 1939, Ch. 60. )
  

CHAPTER 3.5. Day Care Centers [1596.90 - 1597.21]

  ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. )
  

ARTICLE 2. Licensure Requirements [1596.95 - 1596.99]
  ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )

  
1596.951.  

(a) It is the intent of the Legislature to create a childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for childcare providers and maximizing administrative efficiency while supporting a continuum of services in a manner consistent with all respective health and safety requirements.

(b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before January 1, 2024, all daycare centers shall be licensed as childcare centers pursuant to this section.

(c) The regulations adopted pursuant to subdivision (b) shall include, but are not limited to, all of the following:

(1) Components for serving infant, toddler, preschool, and schoolage children.

(2) Health and safety standards for children in care.

(3) Enhanced ability to transition children from one age group to the next.

(d) During the development and adoption of the regulations required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served. In considering best practices for continuity of care for preschool age children, the department shall consult with the State Department of Education.

(e) The department may charge an applicant for a childcare center license a fee commensurate with license fee schedules established for daycare centers in Section 1596.803.

(f) 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 this section through all-county letters or similar written instructions that shall have the same force and effect of regulations until regulations are adopted. In developing an all-county letter or similar written instruction, the department shall consult with the State Department of Education regarding implementation and administration for preschool age children.

(Amended by Stats. 2022, Ch. 910, Sec. 1. (AB 2131) Effective January 1, 2023.)