Children Left in A Parked Car Unattended By An Adult
Some Family Child Care Home licensees make the mistake of leaving children in a parked car unattended by an adult while they run an errand. This isolated incident may represent nothing more than a temporary lack of judgment, but to the Department it’s a severe violation than justifies temporary suspension of the license pending revocation proceedings. Even if no harm resulted from the incident and the licensee has a track record of compliance, the incident itself can establish grounds to revoke a Family Child Care Home license.
If you have been served with an Accusation alleging regulatory violations for leaving children in a parked car unattended by an adult, call child care license defense attorney Adam Garcia at (916) 596-1018. He can defend your license before the Office of Administrative Hearings and represent you in negotiations with the Department of Social Service’s Legal Division.
The Violations
The Department of Social Services may justify suspension or revocation of your license pursuant to:
- HEALTH AND SAFETY CODE SECTION 1596.885:
- (a) Violation by the licensee, registrant, or holder of a special
permit of this act or of the rules and regulations promulgated under
this act. - (b) Aiding, abetting, or permitting the violating of this act or
of the rules and regulations promulgated under this act. - (c) Conduct which is inimical to the health, morals, welfare, or
safety of either an individual in or receiving services from the
facility or the people of this state.
- (a) Violation by the licensee, registrant, or holder of a special
- Title 22, Division 12, Chapter 3, Section 102402 (a)
- (1) Violation by the licensee of any of the laws, rules and regulations governing family child care homes.
- (2) Aiding, abetting, or permitting the violation of any of the laws, rules and regulations governing family child care homes.
- (3) Conduct in the operation or maintenance of a family day care home which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California.
The Department may support their action to revoke your license to operate a Family Child Care Home by alleging violation of the following:
- Title 22, Division 12, Chapter 3, Section 102417
- (a) The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day.
- Title 22, Division 12, Chapter 3, Section 102423
- (a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child’s authorized representative. These rights include, but are not limited to, the following:
- (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment.
- (a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child’s authorized representative. These rights include, but are not limited to, the following:
Why You Need An Attorney
“I’m sorry and I accept responsibility” is not a defense. The Family Child Care Home licensee in In Re Thomas (10 CDSS 09), the case relied upon as precedent by D.S.S., left children in a parked car on a warm day under the care of her 9 year old for only 20 minutes while she ran an errand. She agreed to the fact pattern, accepted responsibility for her poor judgment, and expressed remorse for her actions. Despite her acceptance of responsibility and request for leniency in the form of a probationary license or monitoring, her license was ultimately revoked as “good intentions or honorable motives are not the yardsticks by which such conduct must be evaluated.”
If you have left children in a parked car unattended by an adult and are now facing the loss of your Family Child Care Home License call attorney Adam Garcia at (916) 596-1018. His affordable fees can help you defend your license and future in the child care industry.