Cal. Code Regs. Tit. 22, § 101216 - Personnel Requirements
(a) Child care center personnel shall be
competent to provide the services necessary to meet the individual needs of
children in care and shall at all times be employed in numbers sufficient to
meet those needs.
(b) The
Department has the authority to require any licensee to provide additional
staff whenever the Department determines and documents that additional staff
are required for the provision of services necessary to meet the needs of
children in care. The licensee shall be informed in writing of the reasons for
the Department's determination. The following factors shall be taken into
consideration in determining the need for additional staff:
(1) Needs of the children.
(2) Extent of the services provided by the
center.
(3) Physical arrangements
of the center.
(4) Existence of a
state of emergency or disaster.
(c) The license may utilize volunteers
provided that such volunteers are supervised and are not included in the
center's staffing plan.
(d) The
following child care center personnel shall be at least 18 years old:
(1) Persons who supervise employees and/or
volunteers.
(2) Persons, including
volunteers, who provide any element of care and supervision to
children.
(e) All
personnel shall be given on-the-job training in the areas listed below, or
shall have related experience that demonstrates knowledge of and skill in those
areas. Such training or experience shall be appropriate to the job assigned and
shall be evidenced by safe and effective job performance.
(1) Principles of nutrition, food preparation
and storage, and menu planning.
(2)
Housekeeping and sanitation principles, including universal health
precautions.
(3) Provision of child
care and supervision, including communication.
(4) Assistance with prescribed medications
that are self-administered.
(5)
Recognition of early signs of illness and the need for professional
assistance.
(6) Availability of
community services and resources.
(f) At least one staff member who is trained
in pediatric cardiopulmonary resuscitation and pediatric first aid pursuant to
Health and Safety Code Section
1596.866
shall be present when children are at the child care center or offsite for
center activities.
(g) All
personnel, including the licensee, administrator and volunteers, shall be in
good health and shall be physically and mentally capable of performing assigned
tasks.
(1) Except as specified in (3) below,
good physical health shall be verified by a health screening, including a test
for tuberculosis, performed by or under the supervision of a physician not more
than one year prior to or seven days after employment or licensure.
(2) Each person specified in (g) above shall
have a health-screening report signed by the person performing the screening.
This report shall indicate the following:
(A)
The person's physical qualifications to perform the duties to be
assigned.
(B) The presence of any
health condition that would create a hazard to the person, children or other
staff members.
(3) The
good physical health of each volunteer who works in the center shall be
verified by:
(A) A statement signed by each
volunteer affirming that he/she is in good health.
(B) Results of a test for tuberculosis
performed not more than one year prior to or seven days after initial presence
in the center.
(h) Personnel that pose a threat to the
health and safety of children shall be relieved of their duties.
(i) Prior to employment or initial presence
in the child care center, 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
101170(f)
or
(3) Request and be approved for
a transfer of a criminal record exemption, as specified in Section
101170.1(r),
unless, upon request for a transfer, the Department permits the individual to
be employed, reside or be present at the facility.
(j) Personnel shall provide for the care and
safety of children without physical or verbal abuse, exploitation or
prejudice.
(k) The licensee or
designated individual shall instruct all personnel to report observations or
evidence of violations of any of the personal rights specified in Section
101223.
(l) All personnel shall be informed of their
rights pursuant to Sections
1596.881
and
1596.882
of the Health and Safety Code.
(1) The
licensee shall provide each employee with a Notice of Employee Rights (LIC 9052
[11/94]).
(A) Each employee shall be asked to
sign and date the LIC 9052 (11/94) to acknowledge receipt of the
form.
(B) A copy of the signed LIC
9052 (11/94) shall be kept in the employee's personnel record.
(C) If the employee refuses to sign the LIC
9052 (11/94), a dated notation to that effect shall be kept in the employee's
personnel record.
Notes
2. Amendment of subsection (i) filed 6-5-87; operative 7-5-87 (Register 87, No. 25).
3. New subsection (m) filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
4. Amendment of section and NOTE filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
5. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(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.
6. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(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.
7. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(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.
8. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (i)(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 1596.72, 1596.73, 1596.81, 1596.871, 1596.880, 1596.881 and 1596.882, Health and Safety Code.
2. Amendment of subsection (i) filed 6-5-87; operative 7-5-87 (Register 87, No. 25).
3. New subsection (m) filed 9-6-89; operative 10-6-89 (Register 89, No. 37).
4. Amendment of section and Note filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
5. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(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.
6. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(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.
7. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(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.
8. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (i)(1), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
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