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Supervision of Day Care Centres for Toddlers Law, 5779-2018

חוק הפיקוח על מעונות יום לפעוטות, תשע"ט-2018

Published: 2018-10-31Consolidated Hebrew text as of 2025-09-16 · Last amended 2024-11-14✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Chapter I: Purpose and Definitions

Purpose§

1.

The purpose of this Law is to establish arrangements in respect of the operation of day care centres for toddlers, including their licensing and supervision, for the protection of the wellbeing, rights and dignity of toddlers staying at such centres, in order to promote their development, and in order to ensure the provision of suitable conditions, the prevention of harm to toddlers, an appropriate educational and care environment for such toddlers and the fulfilment of their physical, emotional, social and educational needs.

Definitions§

2.

In this Law –

"examining body" means a corporation to which a permit has been granted under section 21;

"arrears fee" and "shekel interest" – as defined in the Interest and Linkage Law;

"permit to serve as an examining body" means a permit granted under section 21;

"criminal proceeding" – commencing with the opening of a criminal investigation under law;

"employment" – whether for remuneration or on a voluntary basis;

"the Committee" means a committee of the Knesset committees within whose subject matter this Law falls, as determined by the Knesset Committee and notified to the Knesset;

"appeals committee" means a committee established under section 56;

"Penal Law" means the Penal Law, 5737-1977;

"Compulsory Education Law" means the Compulsory Education Law, 5709-1949;

"Supervision of Day Care Centres Law" means the Supervision of Day Care Centres Law, 5725-1965;

"Interest and Linkage Law" means the Interest and Linkage Law, 5721-1961;

"education and care" means supervision of toddlers, including ensuring the existence of sanitary and nutritional conditions, as well as the fulfilment of physical, emotional, social and educational needs required to maintain the normal physical, intellectual and social development of the toddlers;

"child" means a person who, on 31 December of the school year, has reached the age of 36 months and upon whom compulsory education applies under the Compulsory Education Law;

"expert" means a person certified as an expert under the provisions of section 22;

"educator-carer" means a person who educates and cares for a toddler staying in a day care centre for toddlers;

"the Commissioner" means a Ministry employee appointed by the Director General of the Ministry for the purposes of this Law;

"the Director General" means the Director General of the Ministry;

"day care centre for toddlers" means a place in respect of which all of the following apply:

(1)it serves or is intended to serve as a place of daily stay for the education and care of toddlers;
(2)the number of toddlers staying therein is at least as set out in the First Schedule;

"inspector" means a person authorised by the Minister as an inspector under section 28;

"the Ministry" means the Ministry of Education;

"office holder" – as defined in the Companies Law, 5759-1999;

"toddler" means any of the following:

(1)a person who, on 31 December of the school year, has not yet reached the age of 36 months;
(2)a person who, on 31 December of the school year, has reached the age of 36 months, provided that on 1 September of that school year the person has not yet reached the age of 49 months and compulsory education does not apply to the person under the Compulsory Education Law;
(3)a person who, on 1 September of the school year, has not yet reached the age of 36 months and is an at-risk toddler;

"at-risk toddler" – as its meaning in the At-Risk Toddlers (Right to Day Care Centre) Law, 5760-2000;

"operating licence", "licence" means a licence to operate a day care centre for toddlers granted under section 6;

"temporary licence" means a licence to operate a day care centre for toddlers granted under section 18;

"control" – as defined in the Securities Law, 5728-1968;

"the Minister" means the Minister of Education.

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Chapter II: The Commissioner

Functions of the Commissioner§

3.
(a)The Commissioner shall be responsible for –
(1)the granting, renewal, revocation or suspension of operating licences;
(2)the granting, revocation or suspension of temporary licences;
(3)the maintenance of a register in respect of operating licences and temporary licences;
(4)the supervision of the activities of day care centres for toddlers;
(5)the supervision of the activities of examining bodies or experts.
(b)In the performance of the Commissioner's functions and duties under this Law, a holder of an operating licence shall be subject to the supervision of the Commissioner; for the purpose of such supervision, the Commissioner may issue instructions relating to the manner of operation of a holder of an operating licence, of an office holder thereof and of any person employed by the holder, in respect of the operation of a day care centre for toddlers, all in order to ensure the proper management of the day care centre for toddlers and the purposes of this Law.

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Chapter III: Licence to Operate a Day Care Centre for Toddlers

Licensing Requirement and Provisions in respect of the Operation of a Day Care Centre for Toddlers§

4.
(a)A person shall not operate a day care centre for toddlers, personally or through another, unless the operator of the day care centre for toddlers has been granted an operating licence or a temporary licence in respect of that centre, and subject to the conditions of the licence.
(b)An operator of a day care centre for toddlers and a manager of a day care centre for toddlers are responsible for ensuring the wellbeing of the toddlers staying at the centre and for suitable conditions for the stay of toddlers at the day care centre for toddlers.
(c)A toddler shall not be left without continuous supervision during all hours of operation of a day care centre for toddlers.

Application for the Grant or Renewal of a Licence§

5.
(a)An operator of a day care centre for toddlers who seeks to obtain an operating licence in respect of that centre or who seeks to renew such a licence (in this Law – an operating licence applicant) shall submit an application therefor to the Commissioner (in this Law – an application for an operating licence).
(b)An application for the renewal of an operating licence shall be submitted to the Commissioner at least 45 days before the date of expiry of the licence.
(c)The Commissioner's decision on an application for an operating licence or for its renewal shall be given within 45 days of the date of receipt of the application; if the Commissioner or a person on the Commissioner's behalf has not responded to an application for a first operating licence within 45 days, the Commissioner shall grant the applicant a temporary licence subject to the fulfilment of the conditions under section 18.
(d)The Minister, in consultation with the Minister of Finance, may prescribe provisions in respect of an application for an operating licence, including the particulars it shall contain and the documents to be attached thereto.

Conditions for the Grant or Renewal of a Licence and Conditions in a Licence§

6.
(a)The Commissioner shall grant or renew an operating licence in respect of a day care centre for toddlers if the Commissioner has found that all of the following apply:
(1)the operating licence applicant, the owner of the day care centre for toddlers, the manager of the centre, an educator-carer at the centre and all other employees at the centre, and in the case of an applicant that is a corporation – also the controlling shareholder of the corporation and its manager, have not been convicted of and no indictment has been filed against them for an offence which, by reason of its nature, gravity or circumstances, renders a person who committed it unfit to be an operator, owner or manager of a day care centre for toddlers, an educator-carer or an employee at a day care centre for toddlers, or to be a controlling shareholder or manager in such a corporation, as the case may be;
(2)where the place serving or intended to serve as the day care centre for toddlers in respect of which the application for an operating licence was submitted is also a place of residence – the person residing therein has not been convicted of and no indictment has been filed against that person for an offence which, by reason of its nature, gravity or circumstances, renders the person's place of residence unfit to serve as a day care centre for toddlers;
(3)if a final decision as detailed below was given within the two years preceding the submission of the application for an operating licence, in respect of the day care centre for toddlers to which the application relates, or in respect of the operator of such a centre, its manager or a person serving as an educator-carer therein – the Commissioner is of the opinion that the circumstances that gave rise to that decision have ceased to exist, and if in that decision any of them were required to take appropriate measures to prevent the recurrence of such circumstances – they have taken such measures:
(a)non-renewal of a licence under this section or refusal of an application for a licence under section 8;
(b)revocation of a licence under section 13;
(c)the issuance of an administrative stop order under section 32;
(4)the operating licence applicant has demonstrated, to the Commissioner's satisfaction, that the applicant meets the conditions required for the operation of a day care centre for toddlers under section 7(a) and under this Law;
(5)the operating licence applicant has demonstrated, to the Commissioner's satisfaction, that the applicant intends to operate or is operating, as the case may be, the day care centre for toddlers personally and not through another;
(6)the operating licence applicant has attached to the application for an operating licence a list of the employees at the day care centre for toddlers; if a change occurs in the said list of employees after the submission of the application for a licence, the operating licence applicant shall notify the Commissioner of the change before the time limit for the Commissioner's decision on the application as referred to in section 5 has elapsed;
(7)there is no risk to the wellbeing of the toddlers who will stay at the day care centre for toddlers;
(8)the educators-carers at the day care centre for toddlers have participated in guidance on first aid for toddlers.
(9)the operating licence applicant has demonstrated, to the Commissioner's satisfaction, that the applicant complies with the provisions of the Law for the Installation of Cameras for the Protection of Toddlers in Day Care Centres for Toddlers, 5779-2018, except in respect of the supervision of the relationship between the operator of the centre, the system administrator and the parents of the toddlers at the centre, in respect of real-time viewing and periodic viewing and in respect of compliance with the operating instructions, information security and cyber protection of the camera system in the framework of real-time viewing and periodic viewing;
(10)approval has been granted by the Fire and Rescue Authority in respect of the required fire safety measures at the day care centre for toddlers for compliance with Commissioner's Directive 523 or with Regulations prescribed under the National Fire and Rescue Authority Law, 5772-2012; the manner of granting the approval shall be prescribed in the guidelines of the Fire and Rescue Authority in consultation with the Commissioner.
(b)The Commissioner may prescribe in an operating licence conditions to be fulfilled during the whole or part of the period of validity of the licence.
(c)Conditions as referred to in subsection (b) shall also relate to matters prescribed in Regulations under section 7(a).

Conditions for the Operation of a Day Care Centre for Toddlers§

7.
(a)The Minister, with the approval of the Committee, shall prescribe by Regulations conditions for the operation of a day care centre for toddlers in respect of which an operating licence has been granted, including conditions in the matters listed below, and the Minister may also prescribe, with the approval of the Committee, Regulations in the matters listed in section 1:
(1)restrictions on the stay of a person who is not a toddler at a day care centre for toddlers;
(2)conditions in the matters detailed in section 12(a)(2) to (6) of the Supervision of Day Care Centres Law, with the necessary modifications;
(3)a suitable location for the stay of toddlers.
(b)In Regulations under subsection (a), the Minister may prescribe different conditions according to types of day care centres for toddlers or according to the number of toddlers staying at such centres or their age.
(c)Regulations under subsection (a)(2) shall be prescribed after consultation with the Minister of Finance, and having regard to risk management in the field of day care centres for toddlers, according to types of such centres; Regulations as aforesaid in respect of conditions concerning the medical fitness of persons holding positions at a day care centre for toddlers shall also be prescribed after consultation with the Minister of Health.
(d)The Minister, with the approval of the Committee, may prescribe by Regulations conditions in respect of insurance, having regard to its importance, availability and cost.

Refusal to Grant an Operating Licence§

8.

The Commissioner may refuse to grant an operating licence, for reasons to be communicated to the applicant, even if the conditions set out in section 6 are met, if the Commissioner is satisfied that one of the following applies:

(1)criminal proceedings are pending against the operating licence applicant, the owner of the day care centre for toddlers, the manager of the centre, an educator-carer or an employee at such a centre, and in the case of an applicant that is a corporation – against any of the aforesaid or against the controlling shareholder of the corporation or its manager, for an offence which, by reason of its nature, gravity or circumstances, renders a person who committed it unfit to be an operator, owner or manager of a day care centre for toddlers, or an educator-carer or an employee therein, or to be a controlling shareholder or manager in such a corporation, as the case may be, and no indictment has yet been filed against that person for that offence;
(2)where the place serving or intended to serve as the day care centre for toddlers in respect of which the application for a licence was submitted is also a place of residence – criminal proceedings are pending against the person residing therein for an offence which, by reason of its nature, gravity or circumstances, renders the person's place of residence unfit to serve as a day care centre for toddlers, and no indictment has yet been filed against that person for that offence;
(3)the operating licence applicant has been declared legally incompetent or a guardian has been appointed for the applicant under section 33(a) of the Legal Capacity and Guardianship Law, 5722-1962 (in this Chapter – the Legal Capacity Law), or the applicant has been declared bankrupt and has not yet been granted a discharge as referred to in section 62 of the Bankruptcy Ordinance [New Version], 5740-1980, or a discharge as aforesaid has been granted the terms of which preclude the applicant from holding a licence, and if the applicant is a corporation – the corporation has resolved on its voluntary winding up or the court has made a winding-up order, a receiving order or a provisional winding-up order in respect thereof;
(4)the conduct of a person whom the operating licence applicant seeks to employ as manager of the centre, as an educator-carer or as an employee therein constitutes a harmful influence on the normal development of toddlers staying at the centre, or the person was dismissed from a day care centre for toddlers for educational-care reasons and the Commissioner does not consider that the circumstances have changed so as to justify a new attempt at employing that person at a day care centre for toddlers; the Commissioner's decision to refuse an application for an operating licence under this paragraph requires the approval of the Director General.

Stay of the Commissioner's Decision§

9.

If the Commissioner is satisfied that a condition set out in section 8(1) or (2) is met, the Commissioner may stay the decision in respect of the grant or renewal of an operating licence, as the case may be, until the conclusion of the criminal proceeding referred to in that section.

Period of Validity of a Licence§

10.

The validity of an operating licence granted to an applicant for the first time shall be for one year, and the Commissioner may renew its validity for an additional period of two years, thereafter for an additional period of three years and thereafter for additional periods not exceeding four years each; an operating licence granted to an applicant after the lapse of one year or more from the end of the period of validity of a previous operating licence granted to that applicant shall be treated for the purposes of this section as a licence granted to the applicant for the first time.

Display of the Licence in a Conspicuous Place§

11.

A holder of an operating licence shall display the operating licence in a conspicuous place at the day care centre for toddlers in respect of which the licence was granted.

Notice of Change of Particulars§

12.

A holder of an operating licence shall notify the Commissioner, in writing, of any change in a particular of the particulars provided in the application for an operating licence, within 30 days of the date of the change.

Revocation, Suspension or Expiry of a Licence§

13.
(a)The Commissioner may revoke an operating licence or suspend it for a period to be determined, upon the occurrence of one of the following:
(1)the licence was granted on the basis of false or incorrect information;
(2)a condition of the conditions for the grant of the licence under section 6 has ceased to be fulfilled;
(3)a condition of the conditions for the operation of a day care centre for toddlers under this Law has been breached or an instruction of the Commissioner under section 15 has been breached;
(4)one or more of the circumstances for refusal to grant a licence under section 8 exist;
(5)the licence holder has been declared legally incompetent or a guardian has been appointed for the holder under section 33(a) of the Legal Capacity Law, or the holder has been declared bankrupt and has not yet been granted a discharge as referred to in section 62 of the Bankruptcy Ordinance [New Version], 5740-1980, or a discharge as aforesaid has been granted the terms of which preclude the holder from holding a licence, and if the holder is a corporation – the corporation has resolved on its voluntary winding up or the court has made a winding-up order, a receiving order or a provisional winding-up order in respect thereof;
(6)the licence holder has obstructed an inspector from exercising the inspector's powers under section 29, after a warning was given to the holder by the Commissioner under section 31;
(7)the licence holder has breached an administrative stop order or a judicial stop order.
(b)The Commissioner shall not revoke or suspend an operating licence under the provisions of subsection (a) unless the Commissioner has required the licence holder to fulfil the condition or instruction that has ceased to be fulfilled or has been breached, as referred to in that subsection, or to rectify what requires rectification, in the manner and within the period directed, and the licence holder has failed to do so; the revocation or suspension of an operating licence may be effected without such a requirement if it is not possible to fulfil the condition or instruction that has ceased to be fulfilled or has been breached.
(c)Where a holder of an operating licence is an individual, the licence shall expire upon that person's death.
(d)Nothing in the provisions of this section shall derogate from the possibility of issuing an administrative stop order or a judicial stop order.

Restriction on Transfer of a Licence and on Transfer of Control in a Corporation that is a Licence Holder§

14.
(a)An operating licence, including any right conferred thereby, is not transferable, unless prior written approval has been obtained from the Commissioner and subject to the conditions prescribed by the Commissioner.
(b)The transfer of control in a corporation that is a holder of an operating licence requires prior written approval from the Commissioner, and the Commissioner may determine that such a transfer requires a new licence.
(c)Approval under subsections (a) or (b) shall be granted if the Commissioner is satisfied that all the conditions required for the grant of an operating licence are met in the transferee.

Instructions in respect of the Employment of Employees or Engagement with a Service Provider§

15.
(a)A person who comes into direct and continuous contact with toddlers at a day care centre for toddlers shall not be employed or provide services unless approval has been given in respect of that person by the Commissioner or a person on the Commissioner's behalf confirming that the person has not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders the person unfit to be employed or to provide services at a day care centre for toddlers, and that no criminal proceedings are pending against the person on suspicion of committing such an offence; for the purposes of this section –

"employment" – including by a manpower contractor or a service contractor as defined in the Employment of Employees by Manpower Contractors Law, 5756-1996;

"provision of services" – including the operation of activities and clubs.

(b)Where a licence holder has submitted to the Commissioner an application to employ a specific person or to engage with that person for the purpose of providing services at the day care centre for toddlers, the Commissioner shall respond within ten working days.
(c)Notwithstanding the provisions of subsection (a), in circumstances requiring the immediate employment or provision of services of a person, a holder of an operating licence who has submitted an application to the Commissioner in respect of a specific person, and the Commissioner has not yet responded, may employ that person or engage with that person for the purpose of providing services for a period not exceeding ten working days.
(d)Notwithstanding any law, collective agreement or other agreement, the Commissioner may instruct a holder of an operating licence not to employ a person at the day care centre for toddlers in respect of which the licence was granted, or not to engage with a person for the purpose of providing services at such a centre, or to terminate such employment or engagement, upon the occurrence of one of the following:
(1)the employee or service provider has been convicted of an offence which, by reason of its nature, gravity or circumstances, renders the person unfit to be employed or to provide services at a day care centre for toddlers, or criminal proceedings are pending against the person for such an offence;
(2)the Commissioner has found that the conduct of the employee or service provider constitutes a harmful influence on toddlers;
(3)in respect of employment or engagement with a manager of a day care centre for toddlers or an educator-carer therein – the person was dismissed from a day care centre for toddlers for educational-care reasons and the Commissioner does not consider that the circumstances have changed so as to justify the continuation of the employment of or engagement with that person at a day care centre for toddlers.
(e)An instruction of the Commissioner under subsection (d)(2) or (3) requires the approval of the Director General.

Opportunity to Present Arguments and Application for Reconsideration§

16.
(a)A decision of the Commissioner under sections 8, 9, 13(a) or 15 shall be given only after the Commissioner has afforded the licence applicant or the licence holder, as the case may be, an opportunity to present their arguments, and in respect of a decision to issue an instruction under section 15 – also after affording the employee or service provider concerned an opportunity as aforesaid.
(b)A person who considers themselves aggrieved by a decision of the Commissioner under sections 8, 9 or 13(a) may object in writing to the Commissioner's decision before the Director General or a person on the Director General's behalf.

Continued Operation of a Day Care Centre for Toddlers after Revocation, Suspension, Non-Renewal or Expiry of a Licence§

17.

The Commissioner may permit the continued operation of a day care centre for toddlers whose operating licence has been revoked, after the date of revocation, for a period to be directed and subject to conditions to be prescribed, including its operation by another person, if the Commissioner is satisfied that this is necessary for the protection of the wellbeing or welfare of the toddlers staying at the day care centre for toddlers and having regard to the circumstances of the revocation; for this purpose, "revocation" – including suspension, non-renewal or expiry; a decision of the Commissioner under this section requires the approval of the Director General.

Temporary licence§

18.
(a)Notwithstanding the provisions of section 6, the Commissioner may grant to an operator of a day care centre for toddlers who has submitted a first-time application for an operating licence a temporary licence to operate that centre (in this Law – temporary licence), if all of the following conditions are met:
(1)the conditions set out in section 6(a) are met, except for paragraph (4) thereof;
(2)the location is suitable for the stay of toddlers;
(3)the operator has not refused to undergo examinations as referred to in Chapter IV.
(b)A temporary licence shall remain in force until the date directed by the Commissioner, which shall be no later than the end of the month of August of that academic year; however, in exceptional cases the Commissioner may set a later date, provided that the validity of the temporary licence does not exceed one year; the temporary licence shall be granted once only and may not be renewed.
(c)The provisions of sections 6(b), 8(3), 11, 12, 13(a)(1), (2) and (4) to (6) and (b) to (d), 14 to 16(a) and 17 shall apply, with the necessary modifications, in respect of a temporary licence.

Maintenance of a register in respect of operating licences§

19.
(a)The Commissioner shall maintain a register in which shall be recorded day care centres for toddlers in respect of which an operating licence or a temporary licence has been granted, as well as day care centres for toddlers in respect of which an operating licence or a temporary licence that was granted has been revoked, suspended, not renewed or has expired under this Law (in this section – the register); the register shall record, in respect of each day care centre for toddlers, inter alia, the name of the holder of the operating licence, the name of the manager of the day care centre for toddlers, the address and telephone number of the day care centre for toddlers, as well as the facsimile number and electronic mail address of the centre, if they exist, and the date of expiry of the licence; an administrative stop Order or a judicial stop Order that have been issued in respect of that centre shall also be noted in the register, for as long as they remain in force.
(b)The register shall be made available for public inspection at the Commissioner's offices and shall be published on the Ministry's website and in any additional manner that the Commissioner sees fit.

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