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Riverside County Family Child Care Association>
Licensing Visits to Family Child Care Homes
October 12, 2007
Questions and Answers for Family Child Care Providers:
Licensing Visits to Family Child Care Homes
June, 2006
1. Who can make a complaint to
Licensing about my family child care
home?
The law says that anyone may file a
complaint against a family child care
provider.1 This could include the parent of a
child cared for in a family child care home, a
parent of a child who used to receive care in
a family child care home, a neighbor, a
landlord or anyone else.
2. Do I have the right to know the
substance of the complaint as well
as who made the complaint?
No. The law says that, unless the person
making the complaint specifically requests
otherwise, the substance of the complaint
and the identity of the person who made the
complaint will not be disclosed to the child
care provider.2
3. What if someone makes a
complaint with no reasonable basis
or with the intent to harass me?
In most instances, when it receives a
complaint, Licensing conducts a preliminary
review and investigation. The only
circumstance in which a complaint is not
investigated is if Licensing determines that
the complaint has no reasonable basis or was
willfully intended to harass a family child care
provider. In this event the complaint is
marked “confidential” and is not disclosed to
the public. Child care providers are notified
within 30 days that this action has been
taken.3
4. May I terminate a family from
my care if I believe they made a
complaint to licensing?
No. Whether or not Licensing conducts an
investigation, retaliation against a parent for
making a complaint violates the law.4
Licensing always conducts an investigation
unless it believes that a complaint is intended
to harass or has no reasonable basis.
Sometimes, when Licensing investigates a
family child care provider, the provider
believes that the complaint was made by an
angry neighbor who wants the family child
care home to close, or by a parent who failed
to pay fees that were owed, or by someone
else. It would be illegal for a family child
care provider to terminate a family just
because they made a complaint to Licensing,
even if the complaint was without merit.
5. If Licensing determines that the
complaint is not intended to harass
and may have a reasonable basis,
what does Licensing do?
Licensing does a preliminary review and
conducts an onsite investigation within 10
days after a complaint is made, except in
situations where the visit would adversely
affect an investigation by Licensing or some
other governmental agency.5
6. When may Licensing staff visit
my child care home?
Licensing may conduct home visits under a
variety of circumstances. Some visits are
scheduled in advance, and others are
unannounced. Visits may be conducted as a
result of complaints, to enforce plans of
correction or randomly to comply with
Licensing regulations. For instance, when a
complaint is made, Licensing will generally
visit a family child care home to investigate.
In such a situation it is illegal for anyone to
inform a provider that a visit is about to be
made.6
7. May Licensing staff conduct an
unannounced visit to my home at
any time of day?
Unannounced site visits may be conducted
only during a family child care home’s
normal business hours or at any time that
child care services are being provided.
8. Does Licensing staff have access
to my entire home?
The inspection is limited to the portions of
the home in which family child care services
are provided or to which children have
access.7
9. Does Licensing need a warrant to
search my home?
Courts have found that Licensing may
conduct site visits of family child care homes
without search warrants, so long as the visits
are conducted reasonably and only in the
portions of the home where children are
being cared for, or are believed to being
cared for, during hours while the child care
home is in operation. Warrantless inspections
are permitted because the expectation of
privacy that you may have in your own home
is reduced when you operate a regulated
business like child care, and because the
warrantless searches further the
government’s vital interest in protecting
children.8
10. May Licensing inspect my home
before I obtain my license?
Yes, an applicant for a family child care home
license must receive a site visit before the
license is granted.9 Licensing should follow
the procedures described below in
conducting these visits.
11. May Licensing conduct random,
unannounced visits?
Yes. In addition to the initial site visit that is
part of the application and visits in response
to any complaints, Licensing conducts
random unannounced visits. Licensing is
required to conduct random, unannounced
“spot” visits to a certain number of family
child care homes each year. These visits may
occur only during the facility’s normal
business hours or at any time child care
services are being provided, and are limited
to the portions of the home where family
child care services are provided or to which
the children have access.10
12. What happens if Licensing finds
a problem during a site visit?
If Licensing finds a problem, called a
“deficiency,” during a site visit it may
conduct follow-up visits as appropriate to
enforce the correction of the violations.11
A provider who is found to have a serious
deficiency or who has had past problems
with Licensing is subject to annual
unannounced visits. After each of these
follow-up visits, Licensing determines
whether the violation has been corrected; if it
has been and no further serious violations are
found, then Licensing will return to the usual
visiting schedule.12
13. Does Licensing staff report child
abuse to law enforcement?
Like family child care providers themselves,
Licensing staff (except for clerical staff) are
mandated reporters of child abuse who are
legally required to report any known or
suspected instances of physical or sexual
abuse of any child to a Child Protective
Agency, including law enforcement. So, if
Licensing staff knows or believes that a child
has suffered abuse in a family child care
home, a child abuse report must be made.13
See the Child Care Law Center’s publication
on Legal Issues for Family Child Care
Providers: Mandated Child Abuse Reporting.
Licensing will open or reopen an
investigation into a family child care home if
a court or judicial officer finds that an injury
to a child may have occurred in child care.14
14. What are my rights during a site
visit?
A family child care provider has many rights
when Licensing conducts a site visit,
including the following:
• The right to require Licensing staff to
identify themselves;
• The right to be advised of the type of
visit being conducted (response to a
complaint, plan of correction, prelicensing,
etc.). Family child care
providers do not have the right to
know who filed a complaint, or the
substance of a complaint;
• The right to be treated as a
professional, with dignity and respect;
• The right to receive an accurate
report of the evaluator’s findings for
each observed deficiency;
• The right to review licensing laws,
regulations and policies;
• The right to an impartial investigation
of all complaints;
• The right to receive a written citation
that explains any violation and
provides a reasonable length of time
for compliance;15
• The right to use the licensing report
(LIC 809) to agree or disagree with
the deficiencies, to have an exit
interview with a signed copy of LIC
809, and to be given the name of the
Licensing analyst’s supervisor; and
• The right to access the public file on
any facility and to purchase a copy of
the file at reasonable cost.16
15. What can I expect from
Licensing during a site visit?
Licensing assumes that family child care
providers want to offer high-quality care and
meet the licensing requirements. Licensing
staff are supposed to be respectful during site
visits and should recognize that they are
visiting the provider’s home. 17
However, during a site visit, some family
child care providers may feel that Licensing is
on a fault-finding mission and does not
appreciate the positive aspects of the family
child care home. Licensing reports do not
generally make positive statements because
they are designed to uncover problems;
positive statements might make it difficult
later for Licensing to take action against a
child care provider if a deficiency is
discovered.18 Even if a family child care
provider and the parents of children in care
believe that the care provided is excellent and
the home is sparkling clean, it is unlikely that
the provider will ever receive a licensing
report that uses positive language.
Licensing may photograph a family child care
home and may take pictures of children.
However, Licensing should obtain
permission from the children’s authorized
representatives before taking pictures of the
children except when documenting abuse.19
Licensing may interview children or staff
privately to determine compliance with
regulations or prevent violations.20 When
Licensing interviews children regarding
suspected child abuse, it follows certain
protocols established by law. For example,
for school-aged children, Licensing
interviews children in school when possible
and gives the child the option of being
interviewed in private or in the presence of
an adult member of the school staff.21
Licensing may inspect any part of the family
child care home in which family child care
services are provided and any portion of the
home to which children have access.22
When Licensing conducts a site visit of a
licensed child day care facility, the
department must post a written notice near
the main door of the facility that includes (1)
the date of the site visit, (2) whether the
facility was cited for violating any state
standards or regulations as a result of the site
visit, (3) whether the facility is required to
post the site visit report for 30 consecutive
days, (4) a statement explaining that copies of
the site visit report may be obtained by
contacting the department and the telephone
number to call in order to obtain a copy of
the site visit report, and (5) the name and
telephone number of a person in the
department who may be contacted for
further information about the site visit
report.23
16. May Licensing review records in
my files during a site visit?
Licensing may review a number of
documents in a family child care provider’s
files, the staff files, and the children’s files
during a site visit.
17. What can I expect when a
complaint investigation has been
completed?
After an investigation is completed, the
Licensing Analyst makes a report on form
LIC 809; this form is a family child care
provider’s first opportunity to agree or
disagree with Licensing’s findings as a result
of the site visit.
If a Licensing Analyst is investigating a
complaint from a parent or someone else, the
report will categorize the findings in one of
three ways:
(1) Substantiated, meaning that the Licensing
Analyst determined that the allegation that
the family child care provider violated the law
or regulation is correct;
(2) Inconclusive, meaning that the Licensing
Analyst cannot determine or prove whether
or not the allegation was correct; or
(3) Unfounded, meaning that the Licensing
Analyst found the allegation to be untrue. 24
All substantiated and inconclusive reports
become part of a family child care provider’s
licensing file, which is available for review by
the public. Unfounded reports are kept in
the provider’s confidential file, meaning that
they are not available for review by the
public.
If a Licensing Analyst finds a problem during
a site visit, the Analyst may issue a citation or
assess a civil penalty. If the violation is
serious or repeated, the Analyst may initiate
an “Administrative Action” such as a
temporary suspension or license revocation.
For more information about the types of penalties Licensing
can impose, see the Child Care Law
Center’s Q&A entitled “When Licensing Finds a Problem at
Your Family Child Care Home.” For
more information about how to appeal an action by
Licensing, see the Child Care Law Center’s
Q&A entitled “Family Child Care Provider Appeals and
Complaints with Licensing.”
Visit us at: www.childcarelaw.org.
This document is intended to provide general information
about the topic covered. It is believed to be current and
accurate as of
June 2006, but the law changes often. This document is made
available with the understanding that it does not render
legal or
other professional advice. If you need legal advice, you
should seek the services of a competent attorney.
1 CAL. HEALTH & SAFETY CODE § 1596.853(a)
2 See id. § 1596.853(b)
3 See id. § 1596.853(c)
4 See id. § 1596.857(b)
5 See id. § 1596.853 (c)
6 See id. § 1596.8915
7 See id. § 1597.55a(f)
8 Kathleen Rush, Eleanor Fraser and San Mateo County
Daycare Association v. Mario Obledo, Secretary of
California
Health and Welfare Agency, 756 F. 2d 713 (9th Cir., 1985);
See also, Golden Day Schools, Inc. v. Carolyn Pirillo, 118
F.
Supp. 2d 1037, (U.S. District Court for the Central
District of California, 2000), holding that a warrantless
search by
Licensing, apparently conducted at the request of another
governmental agency against which the plaintiff was
involved in litigation, was permissible, but that seizure
of files was unconstitutional. These files were seized with
little
care, some were lost, and an employee of Plaintiff was hit
in the head in that process.
9 See id. § 1597.55a&b
10 CAL. HEALTH & SAFETY CODE §§1596.8535, 1597.55a,
1597.55b; CAL. CODE REGS. tit. 22, §102392. See
also, DSS Evaluator Manual § 3-1150, Family Child Care
Homes (Transmittal No. 04RM-03, Feb, 2004), p. 15.
11 See id. § 1597.55a(d), b(e)
12 See, McDonald v. State of California, 230 Cal.App.3d,
319 (California Court of Appeals, 1991), holding that
Licensing was not liable when it failed to visit a family
child care home and address violations of licensing laws.
13 See id. § 1596.8865 (Licensing reports to CPS); CAL.
PENAL CODE § 11165-11174.3 (the requirements imposed
on child abuse reporters). See also DSS Evaluator Manuel §
4-0010, Mandatory Reporting of Child Abuse, and § 4-
1100, Child Abuse Reporting Requirements for Child Care
Facilities (Transmittal No. 99RM-03, July 1999), pp.1-3
(http://ccld.ca.gov/res/pdf/99RM-03%20PDF%20Master%20Doc.pdf).
14 See id. § 1596.8866
15 CAL. HEALTH & SAFETY CODE § 1596.842(a), 1597.56.
16 See id. § 1596.482(a)(8-11)
17 DSS Evaluator Manual § 8-5050, Entry into Family Child
Care Homes (Transmittal No. 00RM-02, Jan. 2001) p. 5.
18 DSS Evaluator Manual § 3-3100, Documentation: Licensing
Report (Transmittal No. 02RM-12, July 2002), p.3.
19 DSS Evaluator Manual § 3-3510, Photography Report
(Transmittal No. 02RM-12, July 2002), pp. 10-11.
20 CAL. CODE REGS. tit. 22, § 102391(b)
21 DSS Evaluator Manual § 3-2620.1, Guidelines for
conducting interviews in abuse cases (Transmittal No.
03RM-08,
Aug. 2003), p. 42
22 CAL. CODE REGS tit. 22, § 102391(c).
23 CAL. HEALTH & SAFETY CODE § 1596.817
24 DSS Evaluator Manual § 3-2635, Making the Determination:
Is the Complaint Unfounded, Inconclusive or
Substantiated? (Transmittal No. 03RM-08, Aug. 2003), pp.
50-52.
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