No site visits, unannounced visits, or spot checks, shall be made under this chapter except as provided in this section.

(a)  An announced site visit shall be required prior to the licensing of the applicant.

(b)  A public agency under contract with the department may make spot checks if they do not result in any cost to the state. However, spot checks shall not be required by the department.

(c)  An unannounced site visit to all licensed family day care homes shall be made annually and as often as necessary to ensure compliance.

(d)  The department or licensing agency shall make an unannounced site visit on the basis of a complaint and a followup visit as provided in Section 1596.853. At no time shall other site visit requirements described by this section prevent a timely site visit response to a complaint.

(e)  The department shall annually make unannounced spot visits on 20 percent of all family day care homes for children licensed under this chapter. The unannounced visits may be made at any time, and shall be in addition to the visits required by subdivisions (b) and (c).

(f)  An unannounced site visit shall comply with both of the following conditions:

(1)  The visit shall take place only during the facility’s normal business hours or at any time family day care services are being provided.

(2)  The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access.

(g)  The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code.

(Amended by Stats. 2003, Ch. 225, Sec. 18. Effective August 11, 2003.)