Section 102391 - Inspection Authority of the Department(a) Any duly authorized officer, employee, or agent of the Department shall, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, the regulations adopted by the Department governing family child care homes, and in accordance with Section 102396.(b) The licensee shall permit the Department to inspect the family child care home, and to privately interview children or staff, to determine compliance with or to prevent violations of family child care laws or regulations. The Department shall exercise this authority as specified in Health and Safety Code Section 1596.8535(a).(c) The licensee shall permit the Department to inspect any part of the family child care home in which family child care services are provided or to which children have access.(d) The licensee shall permit the Department to inspect, audit, and copy children's records or other family child care home records upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following requirements: (1) Licensing representatives shall not remove the following current records unless the same information is otherwise readily available in another document or format: (A) Current emergency information cards for current children in care as specified in Section 102417(g)(7).(B) The current roster of children in care as specified in Section 102417(g)(8).(C) Children's immunization records as specified in Section 102418(g).(D) Documentation of completion of health and safety training by the licensee and other personnel as specified in Sections 102368(d) and 102416(c).(E) Any other records containing current emergency or health-related information for current children in care or staff.(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign and date the list upon removal of the records, and leave a copy of the list with the licensee or designated substitute.(3) Licensing representatives shall return the records undamaged and in good order within three business days following the date the records were removed.Cal. Code Regs. Tit. 22, § 102391
1. Change without regulatory effect (Register 86, No. 29).
2. Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
3. Change without regulatory effect amending subsections (c), (d) and (e) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
4. Renumbering of former article 5 to article 4, renumbering of former section 102391 to new section 102401, and renumbering and amendment of former section 102395 to new section 102391 filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
5. Amendment of section heading and subsection (b), new subsections (d)-(d)(3) and amendment of NOTE filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19). Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.852, 1597.55a and 1597.55b, Health and Safety Code; Rush v. Obledo (9th Cir. 1985) 756 F.2d 713; and Golden Day Schools, Inc. v. Pirillo (C.D. Cal. 2000) 118 F. Supp. 2nd 1037.
1. Change without regulatory effect (Register 86, No. 29).
2. Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
3. Change without regulatory effect amending subsections (c), (d) and (e) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
4. Renumbering of former article 5 to article 4, renumbering of former section 102391 to new section 102401, and renumbering and amendment of former section 102395 to new section 102391 filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
5. Amendment of section heading and subsection (b), new subsections (d)-(d)(3) and amendment of Note filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).