A history of Title 22 violations can be used by the Department of Social Services to revoke a family child care home license. If you have been served with an Accusation seeking revocation of your family child care home license call our license defense attorney today at (916) 596-1018.
Repeated Title 22 Violations
The State of California Department of Social Services has cause to revoke the family childcare home facility license of any licensee who has a history of repeated regulatory violations. These violations include lack of proper care and supervision, which evidences a disregard for the requirements of a licensee and an inability to adhere to the regulations. While the precedent for the Department in this area is a case of a licensee committing three separate regulatory violations, a license could be revoked with fewer or greater violations, depending on the severity and complexity of the violations. As a licensee, an individual is required to know and conform to the regulatory requirements that govern the operation of a family child care home facility. These requirements are given to a prospective childcare facility licensee upon their application for a license. A certification that the licensee will comply with the laws and regulations must be read and signed before the proper application is submitted.
Title 22 Regulations
The Department has the authority to suspend or revoke any license under the California Heath and Safety Code, Section 1596.885 and Title 22, California Code of Regulations, section 102402. These statute-s both state that any license can be revoked upon the “violation by the licensee… of this act or of the rules and regulations promulgated under this act.” Some of the repeated violations that have caused the Department to revoke a license include Title 22, section 102416.5 (violation of the staffing ratio and capacity granted under the license); section 102417(a) (licensee shall be present in the home and ensure that all children are supervised at all times); and section 102423(a)(2) (the right of a child to receive safe, healthful, and comfortable accommodations, furnishings and equipment). The Department will take the quantity and severity of each violation into consideration individually, as well as jointly as a whole.
The Severity of Violations Matter
The licensee will have an opportunity to bring evidence as to why they believe they can, and should retain a license to continue operating such a facility. Licensees may have clients testify upon their behalf, showing the positive reputation and character of the individual. During the Departments investigation, they will consider the upkeep, cleanliness, amount of proper materials, and behavior of the staff. While a licensee’s facility could be deemed very nice and clean, and have many clients testify favorably upon the work the facility has done for their children, if serious violations are continuously brought against the facility, the license may still be revoked. Although a licensee may have had success with some clients, if that individual commits severe violations, then after being warned or cited, commits the same or similar violations, a license will most certainly be revoked. The Department has determined that individuals such as these, even with assertions of future compliance, cannot be fully trusted with a license. A history of repeated violations that show such an utter disregard for the safety and well being of the children in the facility will likely have their license revoked.
Defending Your License
Whether you operate a child care center or family child care home, repeated Title 22 and Health and Safety Code violations can lead to an Accusation. Once D.S.S. serves you with an Accusation seeking revocation of your license, you have limited time to act. If you do nothing your license will be revoked. Accordingly, it is imperative that you seek legal counsel as soon as possible. To receive a free consultation with our child care license defense attorney call Sacramento Law Group at (916) 596-1018.