Statutes, codes, and regulations
California Code Of Regulations
Title 22 - Social SecurityDivision 12 - Child Care Facility Licensing RegulationsChapter 3 - Family Day Care Homes for Children
Article 6 - Continuing Requirements
Section 102416 - Personnel Requirements

Cal. Code Regs. tit. 22 § 102416

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 102416 - Personnel Requirements
(a) The licensee shall provide each employee with a copy of the Notice of Employee Rights (LIC 9052 (4/88)) form furnished by the Department.
(1) Each employee shall be requested to sign and date the notice form acknowledging receipt.
(2) A copy of the signed notice form shall be retained in the employee's personnel record.
(3) If the employee refuses to sign the notice form, a dated notation to that effect shall be retained in the employee's personnel record.
(b) A claim by the employee alleging the violation by the licensee of Section 102416(a) shall be presented to the licensee within 45 days after the action as to which complaint is made and presented to the Division of Labor Standards Enforcement not later than 90 days after the action as to which complaint is made.
(c) The licensee and other personnel as specified shall complete training on preventive health practices, including pediatric cardiopulmonary resuscitation and pediatric first aid, pursuant to Health and Safety Code Section 1596.866.
(d) Prior to employment or initial presence in the child care home, all employees and volunteers subject to a criminal record review shall:
(1) Obtain a California clearance or a criminal record exemption as required by law or Department regulations or
(2) Request a transfer of a criminal record clearance as specified in Section 102370(j) or
(3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 102370.1(p), unless, upon request for a transfer, the Department permits the individual to be employed, reside or be present at the facility.

Cal. Code Regs. Tit. 22, § 102416

1. New section filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
2. Change without regulatory effect amending section filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
3. New subsection (c) and amendment of NOTE filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
4. New subsections (d)-(d)(3) filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
5. New subsections (d)-(d)(3) refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
6. New subsections (d)-(d)(3) refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (d)(1), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.866, 1596.880, 1596.881 and 1596.882, Health and Safety Code.

1. New section filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
2. Change without regulatory effect amending section filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
3. New subsection (c) and amendment of Note filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
4. New subsections (d)-(d)(3) filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
5. New subsections (d)-(d)(3) refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
6. New subsections (d)-(d)(3) refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (d)(1), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).