Article 1. General Provisions and Definitions - California Health and Safety Code Section 1596.792
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California Laws > Health and Safety Code > Article 1. General Provisions and Definitions - California Health and Safety Code Section 1596.792
1596.792. This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any community care facility, as defined by Section 1502.
(d) Any family day care home providing care for the children of
only one family in addition to the operator's own children.
(e) Any cooperative arrangement between parents for the care of
their children when no payment is involved and the arrangement meets
all of the following conditions:
(1) In a cooperative arrangement, parents shall combine their
efforts so that each parent, or set of parents, rotates as the
responsible caregiver with respect to all the children in the
(2) Any person caring for children shall be a parent, legal
guardian, stepparent, grandparent, aunt, uncle, or adult sibling of
at least one of the children in the cooperative.
(3) There can be no payment of money or receipt of in-kind income
in exchange for the provision of care. This does not prohibit in-kind
contributions of snacks, games, toys, blankets for napping, pillows,
and other materials parents deem appropriate for their children. It
is not the intent of this paragraph to prohibit payment for outside
activities, the amount of which may not exceed the actual cost of the
(4) No more than 12 children are receiving care in the same place
at the same time.
(f) Any arrangement for the receiving and care of children by a
(g) Any public recreation program. "Public recreation program"
means a program operated by the state, city, county, special
district, school district, community college district, chartered
city, or chartered city and county that meets either of the following
(1) The program is operated only during hours other than normal
school hours for kindergarten and grades 1 to 12, inclusive, in the
public school district where the program is located, or operated only
during periods when students in kindergarten and grades 1 to 12,
inclusive, are normally not in session in the public school district
where the program is located, for either of the following periods:
(A) For under 20 hours per week.
(B) For a total of 14 weeks or less during a 12-month period. This
total applies to any 14 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
In determining "normal school hours" or periods when students are
"normally not in session," the State Department of Social Services
shall, when appropriate, consider the normal school hours or periods
when students are normally not in session for students attending a
(2) The program is provided to children who are over the age of
four years and nine months and not yet enrolled in school and the
program is operated during either of the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
(3) The program is provided to children under the age of four
years and nine months with sessions that run 12 hours per week or
less and are 12 weeks or less in duration. A program subject to this
paragraph may permit children to be enrolled in consecutive sessions
throughout the year. However, the program shall not permit children
to be enrolled in a combination of sessions that total more than 12
hours per week for each child.
(h) Extended day care programs operated by public or private
(i) Any school parenting program or adult education child care
program that satisfies both of the following:
(1) Is operated by a public school district or operated by an
individual or organization pursuant to a contract with a public
(2) Is not operated by an organization specified in Section
(j) Any child day care program that operates only one day per week
for no more than four hours on that one day.
(k) Any child day care program that offers temporary child care
services to parents and that satisfies both of the following:
(1) The services are only provided to parents and guardians who
are on the same premises as the site of the child day care program.
(2) The child day care program is not operated on the site of a
ski facility, shopping mall, department store, or any other similar
site identified by the department by regulation.
(l) Any program that provides activities for children of an
instructional nature in a classroom-like setting and satisfies both
of the following:
(1) Is operated only during periods of the year when students in
kindergarten and grades 1 to 12, inclusive, are normally not in
session in the public school district where the program is located
due to regularly scheduled vacations.
(2) Offers any number of sessions during the period specified in
paragraph (1) that when added together do not exceed a total of 30
days when only schoolage children are enrolled in the program or 15
days when children younger than schoolage are enrolled in the
(m) A program facility administered by the Department of
Corrections and Rehabilitation that (1) houses both women and their
children, and (2) is specifically designated for the purpose of
providing substance abuse treatment and maintaining and strengthening
the family unit pursuant to Chapter 4 (commencing with Section 3410)
of Title 2 of Part 3 of the Penal Code, or Chapter 4.8 (commencing
with Section 1174) of Title 7 of Part 2 of that code.
(n) Any crisis nursery, as defined in paragraph (17) of
subdivision (a) of Section 1502.
Last modified: February 16, 2015