Welf. & Inst. Code, § 10491 · Chapter 33. Expulsion and Suspension Procedures in Childcare and Development Services Programs
Welf. & Inst. Code, § 10491
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
For purposes of this chapter, the following terms shall apply:
(a) “Expulsion” means the permanent dismissal of a child from a program in response to a child’s behavior.
(b) “Licensed family childcare provider” means a childcare provider who participates in a state-funded early care and education program, as defined in Section 10421, and is an individual who operates a family daycare home, as defined in Section 1596.78 of the Health and Safety Code, and is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code.
(c) “Program” means a general childcare and development program, as described in Chapter 7 (commencing with Section 10240), a childcare and development service for children with severe disabilities, as described in Chapter 9 (commencing with Section 10260), or a migrant childcare and development program, with the exception of migrant alternative payment programs, as described in Chapter 6 (commencing with Section 10235), that serves children from zero to five years of age, inclusive.
(d) “Suspension” means any removal of a child from all or part of the program day, or the prevention of a child from attending the program for one or more days, in response to the child’s behavior.
(e) “Persistent and serious behaviors” means either repeated patterns of behavior that significantly interfere with the learning of other children, or interactions with peers and adults that are not responsive to the use of developmentally appropriate guidance. This includes, but is not limited to, physical aggression, property destruction, and self-injury.
Notes and commentary — not statutory text
History
Added by Stats. 2022, Ch. 915, Sec. 8. (AB 2806) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=10491.
- Text hash
- sha256 61dbadd715df2da9c5b81408054c0fc1a4fef24aa1d43554971415c0a952892d
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Welfare and Institutions Code
- Welf. & Inst. Code, div. 9, pt. 1.8, ch. 6Migrant Child Care and Development ProgramsPrinted as Chapter 6 (commencing with Section 10235)
- Welf. & Inst. Code, div. 9, pt. 1.8, ch. 7General Child Care and Development ProgramsPrinted as Chapter 7 (commencing with Section 10240)
- Welf. & Inst. Code, div. 9, pt. 1.8, ch. 9Child Care and Development Services for Children with Special NeedsPrinted as Chapter 9 (commencing with Section 10260)
- Welf. & Inst. Code, § 10421Printed as Section 10421
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.