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
Premium
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
This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.
Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Chapter IV: Use of Auxiliary Examinations and Expert Opinions
Use of auxiliary examinations and expert opinions§
20.
(a)For the purpose of making a decision under section 6 or 18 in respect of the grant or renewal of an operating licence or the grant of a temporary licence, as the case may be, or a decision under section 13 in respect of the suspension or revocation of such a licence, and for the purpose of supervising the fulfilment of the conditions for the operation of a day care centre for toddlers under section 7(a) or 18, the Commissioner may avail himself of the following:
(1)findings of examinations carried out by an examiner employed by an examining body pursuant to the provisions of section 23, based on a checklist regarding the fulfilment of the conditions listed in the checklist (in this Chapter – auxiliary examinations);
(2)findings of examinations carried out by an expert, as well as an opinion given by an expert pursuant to the provisions of section 23 regarding the results of the examination (in this Chapter – expert opinion).
(b)Engagement with an examining body or with an expert for the purpose of availing of their services as referred to in subsection (a) shall be carried out in accordance with the Mandatory Tenders Law, 5752-1992.
(c)An examining body with which engagement has been carried out in accordance with the provisions of subsection (b) shall report to the Commissioner on every examination carried out by an examiner employed by it and on its findings; the report shall be signed by the manager of the examining body.
(d)An expert with whom engagement has been carried out in accordance with the provisions of subsection (b) shall report to the Commissioner on every examination carried out by the expert and shall give an opinion on the results of the examination; the report and the opinion shall be signed by the expert.
(e)Examiners and experts shall act in accordance with working rules directed by the Commissioner.
Permit to serve as an examining body§
21.
(a)The Minister shall grant a permit to serve as an examining body to a corporation that has submitted an application pursuant to the provisions of subsection (g) (in this section – application for a permit) and in respect of which all of the following conditions are met:
(1)it was incorporated and registered in Israel;
(2)it, and any office holder or controlling shareholder therein, have not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders the corporation unfit to receive a permit to serve as an examining body, and no criminal proceedings are being conducted against them on suspicion of committing such an offence;
(3)it has demonstrated, to the satisfaction of the Minister, that it employs examiners in the fields and to the extent required for the purpose of carrying out auxiliary examinations and for meeting the timetables under this Law;
(4)additional conditions as the Minister may prescribe, including that the Minister may prescribe conditions in respect of the prevention of conflicts of interest.
(b)Notwithstanding the provisions of subsection (a), the Minister may refuse to grant a corporation a permit to serve as an examining body, even if the conditions referred to in that subsection are met in respect of it, for reasons that the Minister shall communicate to the corporation and after having given it an opportunity to present its arguments, if the Minister has found that circumstances exist by reason of which its activity is liable to have a harmful effect on the normal development of toddlers staying at a day care centre for toddlers, and by reason thereof it is, in the opinion of the Minister, unfit to receive such a permit.
(c)The Minister may prescribe in a permit to serve as an examining body conditions and instructions in respect of the methods of operation and working procedures of the examining body, and may direct conditions and instructions as aforesaid according to types of auxiliary examinations that an examiner employed by the examining body is authorised to carry out.
(d)The Minister may amend conditions and instructions prescribed in a permit to serve as an examining body, after having given the examining body an opportunity to present its arguments.
(e)The validity of a permit to serve as an examining body shall be for a period of two years commencing on the date of commencement of the engagement as referred to in section 20(b), and the Minister may renew the validity of the permit as aforesaid for additional periods of two years at a time.
(f)The holder of a permit to serve as an examining body shall notify the Minister, in writing, of any change in a detail from among the details provided in the application for a permit, within 30 days of the date of the change.
(g)The Minister shall prescribe provisions in respect of an application for a permit, including the details it shall contain and the documents that an applicant for a permit must attach thereto.
Authorisation of examiners and experts§
22.
(a)The Minister shall authorise examiners and experts in respect of whom conditions prescribed by the Minister are met, and the Minister may prescribe conditions in respect of education, professional experience, specialisation and training, for the purpose of availing of their services pursuant to the provisions of section 20; Regulations under this subsection shall be prescribed after consultation with the Minister concerned in accordance with the fields of activity of the examiners or experts.
(b)The Minister shall not authorise an examiner or expert in respect of whom one of the following applies:
(1)the examiner or expert has been convicted of an offence which, by reason of its nature, gravity or circumstances, renders the examiner or expert unfit to be authorised as aforesaid, or criminal proceedings are being conducted against the examiner or expert on suspicion of committing such an offence;
(2)the examiner or expert is liable to find themselves, directly or indirectly, in a situation of conflict of interest between their role as aforesaid and a personal interest of the examiner or expert, or between their role as aforesaid and another role of theirs or of a relative of theirs; for this purpose –
"personal interest", of an examiner or expert – including a personal interest of a relative of theirs or an interest of a body in which any of them or their relative serves as a director or responsible employee, or of a body in which they hold a share of the share capital, a right to receive profits, a right to appoint a director or a voting right;
"relative", of an examiner or expert – a spouse, parent, grandparent, spouse's parent, child, brother or sister, or another person dependent on the examiner or expert, as well as a spouse or child of any of them;
(3)the examiner or expert is liable to have a harmful effect on the normal development of toddlers staying at a day care centre for toddlers, and by reason thereof the examiner or expert is, in the opinion of the Minister, unfit to be authorised as aforesaid.
(c)The Minister may refuse to authorise an examiner or expert, even though the conditions under subsection (a) are met in respect of them, for reasons that the Minister shall communicate to the applicant and after having given them an opportunity to present their arguments, if the Minister has found that circumstances exist by reason of which they are unfit to be an examiner or expert.
(d)The Minister may direct in the instrument of authorisation conditions and instructions in respect of the methods of operation and working procedures of an examiner or an expert, including according to types of examinations the examiner or expert is authorised to carry out, and the Minister may amend conditions and instructions given in respect of their methods of operation after having given the examiner or expert an opportunity to present their arguments.
(e)Authorisation granted to an examiner or an expert shall be for such period as the Minister directs in the instrument of authorisation.
Actions of examiners and experts§
23.
(a)For the purpose of carrying out auxiliary examinations on behalf of the Commissioner or providing an expert opinion to the Commissioner, an examiner employed by an examining body and an expert, as the case may be, who hold an instrument of authorisation under section 22 may –
(1)enter, where the provisions of subsection (b) are satisfied, a day care centre for toddlers and carry out the examinations that the Commissioner has directed them to carry out, provided that in a day care centre for toddlers operating in a residential dwelling they shall enter only the area used for the operation of the centre and during the centre's hours of activity; entry into an area in a residential dwelling in which a day care centre for toddlers operates that is not used for the operation of the centre shall be only with the consent of the owner of the residential dwelling;
(2)require an operator of a day care centre for toddlers and any person employed at a day care centre for toddlers or appearing to be one of them to provide their name and address and to present an identity card or another official document identifying them;
(3)use a checklist prescribed by the Commissioner for the purpose of carrying out an auxiliary examination; the checklist, including the list of official documents required for the purpose of determining the findings, shall be published in Reshumot (Official Gazette) and on the Ministry's website (in this section – checklist);
(4)receive from an operator of a day care centre for toddlers an official document listed in the checklist.
(b)An examiner or expert assisting the Commissioner as referred to in section 20(a) may exercise the authority under subsection (a)(1) only where all of the following conditions are met:
(1)the examiner or expert has presented their instrument of authorisation to the operator of the day care centre for toddlers, its manager or an educator-carer therein;
(2)written consent has been given by one of those referred to in paragraph (1) for the entry of the examiner or expert into the day care centre for toddlers;
(3)before the giving of consent as referred to in paragraph (2), an explanation was given to the operator of the day care centre for toddlers, its manager or an educator-carer therein regarding the purpose of the auxiliary examinations or of the examinations for the purpose of providing an expert opinion, as the case may be, as well as regarding their right to refuse the carrying out of such examinations and to withdraw their consent up until the commencement of their execution.
Revocation or suspension of a permit to serve as an examining body§
24.
(a)The Minister may revoke a permit to serve as an examining body or suspend it for a period to be determined by the Minister, after having given the examining body an opportunity to present its arguments, where one of the following applies:
(1)the permit was granted on the basis of false or incorrect information;
(2)a condition from among the conditions for the grant of the permit under section 21(a) has ceased to be met;
(3)a condition of the permit has been breached or a provision of the provisions under this Chapter has been breached;
(4)the Minister has found that special circumstances exist by reason of which the examining body is unfit to hold a permit;
(5)the auxiliary examinations are not being carried out at an adequate professional standard.
(b)The Minister shall not revoke a permit or suspend it pursuant to the provisions of subsection (a)(2) or (3) unless the Minister has first required the examining body to fulfil the condition or comply with the provision that has ceased to be met or that has been breached as referred to in that subsection, or to remedy what requires remedying, in the manner and within the period directed by the Minister, and the holder of the permit has not done so; the revocation or suspension of the permit may be carried out without such a requirement if it is not possible to fulfil the condition or comply with the provision that has ceased to be met or that has been breached.
Revocation or suspension of the authorisation of an examiner or expert§
25.
(a)The Minister may revoke an authorisation granted to an examiner or an expert or suspend it for a period to be determined by the Minister, after having given the examiner or expert an opportunity to present their arguments, where one of the following applies:
(1)the authorisation was granted on the basis of false or incorrect information;
(2)a condition from among the conditions for the grant of the authorisation under section 22(a) has ceased to be met;
(3)a condition of the authorisation has been breached or a provision of the provisions under this Chapter has been breached;
(4)special circumstances exist by reason of which the examiner or expert is unfit to be an examiner or expert;
(5)the work of the examiner or expert is not being carried out at an adequate professional standard.
(b)The Minister shall not revoke an authorisation or suspend it pursuant to the provisions of subsection (a)(2) or (3) unless the Minister has first required the examiner or expert to fulfil the condition or comply with the provision that has ceased to be met or that has been breached as referred to in that subsection, or to remedy what requires remedying, in the manner and within the period directed by the Minister, and they have not done so; the revocation or suspension of the authorisation may be carried out without such a requirement if it is not possible to fulfil the condition or comply with the provision that has ceased to be met or that has been breached.
Application of laws§
26.
Examiners and experts shall be treated as State employees, for the purposes of the following enactments:
(1)Public Service (Gifts) Law, 5740-1979;
(2)Penal Law, 5737-1977 – the provisions relating to public servants;
(3)Public Service (Restrictions after Retirement) Law, 5729-1969.
Regulations in respect of Chapter IV§
27.
The Minister shall prescribe provisions in respect of the methods of operation and working procedures of examining bodies as well as of examiners and experts, including provisions on the following matters:
(1)the manner in which auxiliary examinations or examinations for the purpose of providing an expert opinion shall be carried out, while preserving the dignity of and protecting the privacy of those examined;
(2)information that an examining body, examiner or expert is entitled to receive for the purpose of carrying out the examinations;
(3)reporting to the Commissioner or to an inspector on the actions of an examining body, an examiner or an expert in the course of carrying out the examinations and on the findings of the examinations, and the time for such reporting;
(4)the independence of an examining body, examiner and expert from those examined, and the absence of a business or financial connection between them.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Chapter V: Supervision
Authorisation of inspectors§
28.
(a)The Minister shall authorise inspectors who shall be vested with the powers under section 29, all or some of them, for the purpose of supervising the implementation of the provisions under this Law (in this Law – inspectors).
(b)Inspectors as referred to in subsection (a) shall be authorised –
(1)from among the employees of the Ministry;
(2)from among State employees who are not employees of the Ministry; such authorisation shall be with the consent of the Minister responsible for those employees;
(3)from among the employees of a local authority, provided that that local authority does not operate day care centres for toddlers itself or through a corporation; such authorisation shall be with the consent of the head of the local authority and after consultation with the Minister of the Interior, in accordance with provisions to be prescribed by the Minister; in this paragraph, "corporation" – any of the following:
(a)a municipal corporation as defined in section 249a of the Municipalities Ordinance;
(b)a corporation whose objects are within the sphere of the powers and functions of a local council as defined in the Local Councils Ordinance, and in which a local council holds at least half the capital or at least half the voting power;
(c)a culture, youth and sports centre.
(c)A person in respect of whom all of the following conditions are met shall be authorised as an inspector:
(1)they have not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders them, in the opinion of the Minister, unfit to be an inspector;
(2)they have received appropriate training in the field of the powers to be vested in them under this Chapter, as directed by the Minister; instructions in respect of such training in the field of sanitation and nutrition shall be given with the consent of a senior employee of the Ministry of Health to be authorised by the Director General of the Ministry of Health;
(3)they meet additional eligibility conditions as directed by the Minister.
(d)Notice of the appointment of an inspector shall be published in Reshumot (Official Gazette).
Supervisory powers§
29.
For the purpose of supervising the implementation of the provisions under this Law, an inspector may –
(1)require any person to provide their name and address and to present an identity card or another official document identifying them;
(2)require any person concerned to present any information or document that may serve to ensure or facilitate the implementation of the provisions under this Law, including information or a document relating to toddlers staying at a day care centre for toddlers; for this purpose, "document" – including a certificate or output as defined in the Computers Law, 5755-1995;
(3)enter a place where the inspector has reasonable grounds to believe a day care centre for toddlers is operating, provided that the inspector shall not enter a place used solely for residential purposes except during the centre's hours of activity and with the consent of the occupier thereof, or pursuant to an Order of a court;
(4)take measurements or collect samples, and direct that the measurements and samples be delivered to a laboratory and that they be preserved for such period as the inspector directs, or that they be dealt with in another manner;
(5)require in writing an operator of a day care centre for toddlers or its manager to remedy deficiencies found by the inspector or found in auxiliary examinations or in an expert opinion, in the manner and within the time directed in the requirement, and to furnish confirmations thereof as the inspector may require (in this Chapter – requirement to remedy deficiencies);
(6)take such actions as are reasonably necessary for the purpose of implementing an administrative stop Order issued under section 32.
Identification of an inspector§
30.
An inspector shall not exercise the powers vested in them under this Chapter except while performing their duties and where both of the following conditions are met:
(1)the inspector visibly wears a badge identifying them and their role;
(2)the inspector holds a certificate signed by the Minister, attesting to their role and powers, which they shall present upon request.
Obstruction of an inspector§
31.
Where the holder of an operating licence or anyone acting on their behalf obstructs an inspector in the exercise of their powers under section 29, the Commissioner may send a written warning to that effect stating that if they do not cease to obstruct as aforesaid within the period specified in the warning, the Commissioner shall be entitled to revoke the operating licence or suspend it under section 13(a)(6).
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Read the entire law on one page — continuous text, no page breaks, plus PDF downloads.