Definitions: Child Care Centers

“Administrative Action” means legal actions against a licensee initiated by the California Department of Social Services. License revocations, denials of initial license applications, temporary suspension orders, and exclusions are examples of administrative actions.

“Administrative Hearing:” A formal proceeding, comparable to a trial. A licensee or applicant who has been served with a pleading to revoke a license or deny an initial application may request a hearing to contest the allegations contained in the pleadings. At the hearing, a state Licensing Attorney presents witnesses and evidence to prove the allegation(s), and the licensee or applicant may elect to engage the services of an attorney or choose to present his or her explanation(s) or defense(s) and witnesses in his or her own behalf.

“Administrative Law Judge:” An impartial hearing officer from the State Office of Administrative Hearings who presides over the Administrative Hearing in a licensing case.

“Child Care Center” means any child care facility of any capacity, other than a family child care home, in which less than 24-hour per day nonmedical care and supervision are provided to children in a group setting.

“Department” means the California Department of Social Services (CDSS) or any state, county or other public agency authorized by CDSS to assume specified licensing responsibilities.

“Infant Care Center” means any child care center or part of a child care center of any capacity where less than 24-hour per day nonmedical care and supervision are provided to infants in a group setting.

“Infant” means a child under two years of age.

“License” means a written authorization by the Department to operate a child care center and to
provide care and supervision. A license is not transferable.

“Licensee” means the adult, general partner(s) of a partnership, controlling partners in a limited liability corporation, corporation, county, city, public agency or other governmental entity having the authority and responsibility to operate a licensed child care center

“Notice of Defense:” The formal notice submitted by an applicant who has been served with a Statement of Issues, or by a licensee who has been served with an Accusation, to request an Administrative Hearing in the case.

“Preschool age children” means children who are enrolled in a child day care center licensed by the Department and who are not enrolled in either an infant care center or a schoolage child day care center.

“Revocation:” The administrative action to void or rescind a license because of serious or chronic violations of licensing laws or regulations.

“Serious Deficiency” means any deficiency that presents an immediate or substantial threat to the physical health, mental health or safety of the children in a child care center.

“Substantial Compliance” means the absence of any serious deficiencies.