Child Care License Defense Attorney

Child Care License Defense Attorney

Child care is a very heavily regulated field in California – as it should be. When the Department of Social Services grants a childcare license, they are essentially stating that you can be trusted with the health, safety, and welfare of children. The same agency that gives a license could take it away. If the DSS believes that you may present a danger to a child, either based on what they think happened at your daycare or something in your life, they could suspend or revoke your license. When the DSS tries to challenge your license, you need a child care license defense lawyer to stand up on your behalf. 

Child And Family Care Provider Defense

The California Child Care Program from the Department of Social Services oversees child care in the state. The DSS licenses providers and enforces laws and regulations. If the DSS notifies you that they are investigating, you may not be able to earn a living. 

Since children’s health and welfare are at stake, the DSS may take quick and aggressive action. You need an experienced child care license defense attorney to represent your own interests because you have rights. 

Why did my child daycare license application get denied?

Every childcare provider must formally apply for a license. They will be required to fill out an application and be subject to a background check.

One of the common reasons why a provider is denied a license is because there is something in their past that leads the Licensing Program to believe that they may present a risk to children. Most often, this involves a criminal conviction. 

If your license application has been denied, you have the legal right to file an appeal with the Licensing Program. 

California Department of Social Services Investigation Defense Lawyer

The DSS may launch an investigation of an existing licensee based on a complaint that they have received or something that they have learned. Investigators may even show up at your childcare location unannounced. 

Not only is your professional career at risk, but you could potentially even face criminal charges, depending on the nature of your allegation. You need an attorney who can help protect your rights. The outcome of the investigation is crucial.

California Family Child Care Home License Accusation Defense Attorney

Allegations against you can have a dramatic effect on your present and future. Not only could you lose your business, but you could also lose your reputation. 

DSS would publicize final actions against a home healthcare business. Potential customers can look up a childcare provider online as part of their own due diligence when they are making a decision about their child.

You have your own rights during the investigation process. For example, you have the right to be treated with respect as a professional. You are also entitled to a fair and impartial investigation, and you can see the evaluator’s findings. 

While it is understandable that DSS acts to protect children, you need someone to protect your own legal rights. There may be a rush to judgment, especially when children are involved. 

DSS may request more information from you during the investigation process. Your license defense attorney may also interact with DSS before any disciplinary action is final to tell your version of events. It is essential that you are represented by a professional license defense attorney. While children have rights that DSS is charged with protecting, you have rights as well.

California Family Child Care Home License Hearing Attorney

The same due process that gives you rights during an investigation also allows you to appeal the findings.

You can appeal the following:

• A citation that has been issued against you
• A civil penalty
• When your initial application has been denied
• When DSS is trying to revoke your license

You have several levels of appeal, depending on the reason for the penalty or sanction:

• If you have received a civil penalty for death, serious injury, or physical abuse, you appeal first to the Deputy Director of the Community Care Licensing Division. Then, if you believe that an error was made in consideration of your appeal, you can take your case to an administrative law judge.
• If you have received a penalty for any other type of deficiency, you can appeal first to the Regional Manager and then to the Program Administrator.

DSS cannot simply penalize you or revoke your license without giving you due process. You have a right to be heard, and you can explain why any action to take your license away was wrong. There is more of a chance that you are taken seriously when you have the help of an experienced child care license defense attorney. 

California Family Child Care Home License and Criminal Convictions

Criminal convictions can put your daycare license at risk. They could present a challenge when you are applying for your initial license. In addition, you would be required to report any conviction to the DSS when you already have a license. If the state believes that your conviction means that you could pose a risk to a child, they may take action to suspend or revoke your license. Even substance abuse or DUI convictions could put your license at risk, especially if you drive children as part of your daycare.

California Family Child Care Home License Petition for Reinstatement Lawyer

You always have the right to petition for reinstatement after you have completed the terms of your punishment or after a certain period of time has passed. You would need to show DSS some evidence that you have been rehabilitated and can be trusted with children. A license defense lawyer could help make an effective case that you deserve your license back. 

Contact Unlock Legal Today

The license defense lawyers at Unlock Legal work with home child care providers and professionals throughout California when they find their license in jeopardy. We have a high success rate in defending clients just like you when your ability to earn a living is suddenly challenged. We know how agencies and boards work, and we fight to obtain the best possible legal result for our clients. To speak with a professional license defense attorney, you can reach out to us online or call us today at (949) 988-4444.