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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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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.

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Section B: Administrative Warning

Administrative Warning§
48.
(a)Where the Commissioner has reasonable grounds to assume that a person has breached a provision of the provisions under this Law, as referred to in section 37 or in the Second Schedule, and the circumstances listed in the procedures directed by the Commissioner, with the approval of the Attorney General, are present, the Commissioner may, instead of delivering to the violator a notice of intent to impose liability, deliver to the violator a written administrative warning in accordance with the provisions of this Section (in this Chapter – an administrative warning); in this subsection, "Attorney General" includes a Deputy Attorney General authorised by the Attorney General for this purpose.
(b)In the administrative warning, the Commissioner shall indicate what act constitutes the breach, shall notify the violator that the violator must cease the breach and that if the violator continues or repeats the breach, the violator will be liable to a financial penalty for a continuing breach or a repeated breach, as the case may be, as referred to in section 42, and shall also indicate the violator's right to request the cancellation of the warning in accordance with the provisions of section 49.
Request for Cancellation of an Administrative Warning§
49.
(a)Where an administrative warning has been delivered to a violator, the violator may apply to the Commissioner in writing, within 30 days, requesting the cancellation of the warning on one of the following grounds:
(1)the violator did not commit the breach;
(2)the act committed by the violator, as detailed in the warning, does not constitute a breach.
(b)Where the Commissioner has received a request for the cancellation of an administrative warning in accordance with the provisions of subsection (a), the Commissioner may cancel the warning or reject the request and leave the warning in force; the Commissioner's decision shall be given in writing and delivered to the violator together with reasons.
Continuing Breach and Repeated Breach following a Warning§
50.
(a)Where an administrative warning has been delivered to a violator in accordance with the provisions of this Section and the violator has continued to breach the provision on account of which the warning was delivered, the said breach shall be deemed a continuing breach for the purposes of section 42(a), and the Commissioner shall deliver to the violator a notice of intent to impose liability for the continuing breach, in accordance with the provisions of section 39, with the necessary modifications.
(b)Where an administrative warning has been delivered to a violator in accordance with the provisions of this Section and the violator has again breached the provision on account of which the warning was delivered, within two years from the day of delivery of the warning, the additional breach shall be deemed a repeated breach for the purposes of section 42(b), and the Commissioner shall deliver to the violator a notice of intent to impose liability for the repeated breach, in accordance with the provisions of section 39, with the necessary modifications.

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Section C: Miscellaneous Provisions

Financial Penalty for a Breach under this Law and under Another Law§
51.

For a single act that constitutes a breach of a provision of the provisions under this Law listed in section 37 or in the Second Schedule and of a provision of the provisions under another law, no more than one financial penalty shall be imposed.

Petition§
52.
(a)A final decision of the Commissioner under this Chapter may be appealed by way of petition to the Magistrate's Court before which the President of the Magistrate's Court sits; such a petition shall be filed within 30 days from the day on which it was delivered to the violator.
(b)The filing of a petition as referred to in subsection (a) shall not operate to stay the payment of the financial penalty, unless the Commissioner has agreed thereto or the court has so ordered.
(c)Where the court has decided to accept a petition filed under subsection (a), after the financial penalty has been paid in accordance with the provisions of this Chapter, and the court has ordered the return of the amount of the financial penalty paid or a reduction of the financial penalty, the amount paid, or any part thereof that has been reduced, shall be returned, together with shekel interest from the day of its payment until the day of its return, and the provisions of the Interest and Linkage Law shall apply in respect of such interest, with the necessary modifications.
Publication§
53.
(a)Where the Supervisor has imposed a financial sanction under this Chapter, the Supervisor shall publish in the registry within the meaning of section 19, and additionally in another manner if so decided, the following particulars, in a manner that ensures transparency with respect to the exercise of discretion in making the decision to impose a financial sanction:
(1)the fact of the imposition of the financial sanction;
(2)the nature of the violation on account of which the financial sanction was imposed and the circumstances of the violation;
(3)the amount of the financial sanction imposed;
(4)if the amount of the financial sanction was reduced – the circumstances on account of which the amount of the sanction was reduced and the rates of reduction;
(5)particulars concerning the violator that are relevant to the matter;
(6)the name of the violator – if the violator is a corporation.
(b)If a petition has been filed against a payment demand under section 52, the Supervisor shall publish the fact of the filing of the petition and its outcome, in the same manner in which the fact of the imposition of the financial sanction was published.
(c)Notwithstanding the provisions of subsection (a)(6), the Supervisor may publish the name of a violator who is an individual, if the Supervisor considered it necessary for the purpose of warning the public.
(d)Notwithstanding the provisions of this section, the Supervisor shall not publish particulars that constitute information which a public authority is precluded from disclosing under section 9(a) of the Freedom of Information Law, 5758-1998, and the Supervisor may also refrain from publishing particulars under this section that constitute information which a public authority is not obligated to disclose under section 9(b) of that Law.
Preservation of criminal liability§
54.
(a)The payment of a financial sanction or the service of an administrative warning under this Chapter shall not derogate from a person's criminal liability for the violation of a provision among the provisions under this Law enumerated in section 37 or in the Second Schedule, which constitutes an offence.
(b)If the Supervisor delivered to the violator a notice of intent to impose liability or served an administrative warning on the violator, in respect of a violation that constitutes an offence as referred to in subsection (a), no indictment shall be filed against the violator in respect of that violation, unless new facts have come to light that justify doing so.
(c)If an indictment has been filed against a person in respect of a violation that constitutes an offence as referred to in subsection (a), the Supervisor shall not take proceedings against that person under this Chapter in respect of that violation, and if an indictment was filed in the circumstances referred to in subsection (b) after the violator paid a financial sanction, the amount paid shall be returned to the violator together with shekel interest from the day of its payment until the day of its return, and the provisions of the Interest and Linkage Law shall apply in respect of such interest, with the necessary modifications.

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Chapter VIII: Appeals Committee

Appeal§

55.

Decisions of the Supervisor under Chapter III and decisions of the Director General or a person appointed on the Director General's behalf under section 16(b) may be appealed before an appeals committee.

Establishment and composition of the appeals committee§

56.
(a)The Minister shall establish an appeals committee whose function is to hear appeals against decisions as referred to in section 55, and its members shall be as follows:
(1)a retired judge or a person qualified to be appointed as a judge of the Magistrate's Court, appointed by the Minister of Justice, who shall serve as chairperson;
(2)a senior academic staff member of a recognised institution of higher education with knowledge and experience in the field of early childhood, recommended by the Council for Higher Education within the meaning of the Council for Higher Education Law, 5718-1958 (in this section – the Council for Higher Education);
(3)a State employee holding an academic degree recognised by the Council for Higher Education in the field of early childhood care or in the field of education, with at least five years of experience in such a field, appointed by the Minister.
(b)The provisions of the Administrative Tribunals Law, 5752-1992 (in this section – the Administrative Tribunals Law), except for sections 37 and 45 of that Law, shall apply to an appeal and to an appeals committee under this Law, with the necessary modifications and with the following modifications:
(1)the powers vested in the District Court under section 28(d) and (e) of that Law shall be vested in the Administrative Affairs Court;
(2)a final decision of the appeals committee may be appealed before the Administrative Affairs Court.

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Chapter IX: Penalties

Penalties§

57.

A person who does any of the following is liable to one year's imprisonment or a fine as referred to in section 61(a)(2) of the Penal Law, 5737-1977, and if the offence was committed by a corporation – double the said fine:

(1)operating a day care centre for toddlers for which no operating licence or temporary licence has been granted, or in contravention of its conditions, in contravention of the provisions of section 4(a);
(2)violating an administrative stop order issued under the provisions of section 32.

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Chapter X: Miscellaneous Provisions

Confidentiality§

58.

A person who has received information under the provisions of this Law in the course of performing a function or in the course of work shall keep it confidential, shall not disclose it to another and shall not make any use thereof, except in accordance with the provisions of this Law or another enactment or pursuant to a court order.

Person responsible for handling public enquiries§

59.

The Supervisor shall appoint a person on the Supervisor's behalf who shall be responsible for handling public enquiries in respect of this Law, including violations of the provisions under this Law; the particulars of the person so appointed, including that person's name and contact details, including telephone number and electronic mail address, shall be published on the Ministry's internet site and shall be indicated on every operating licence.

Savings provisions§

60.

The provisions of this Law are in addition to the provisions of any law and shall not derogate from the rights vested in toddlers under any law.

Limitation on application§

61.
(a)The provisions of this Law shall not apply to a day care centre for toddlers in respect of which one of the following obtains:
(1)it operates in a medical institution and serves or is intended to serve as a place of daily stay only for toddlers who are hospitalised in that medical institution for an extended period; for this purpose, "medical institution" means a hospital within the meaning of section 24 of the Public Health Ordinance, 1940, or a clinic within the meaning of section 34 of that Ordinance;
(2)it operates in a place that serves, on a permanent basis, as the place of residence of all the toddlers staying therein or of their relatives; for this purpose, "relative" means a spouse, parent, grandparent, parent of a spouse, brother or sister and their children, brother-in-law, sister-in-law, uncle or aunt and their children, father-in-law, mother-in-law, grandson or granddaughter, or another person at whose table the toddler is dependent, as well as the spouse of each of the toddler's parents.
(b)The provisions of this Law shall not apply to –
(1)a foster family as defined in the Foster Care for Children Law, 5776-2016;
(2)an institution for the treatment of drug users under the Law for the Supervision of Institutions for the Treatment of Drug Users, 5753-1993;
(3)a rehabilitative day care centre as defined in the Rehabilitative Day Care Centres Law, 5760-2000;
(4)a day care centre under the Day Care Centres Supervision Law, except for a day care centre for toddlers under this Law.

Preservation of provisions§

62.

Nothing in the provisions of this Law shall derogate from Regulations, provisions, guidelines or procedures applicable to day care centres that are subject to an operating agreement with the Ministry.

Exercise of powers§

63.

Notwithstanding the provisions of this Law, the powers under Chapters V and VI may be exercised, with the necessary modifications, also in respect of a place that serves or is intended to serve as a place of daily stay for toddlers to which provisions under this Law do not apply, by reason of the number of toddlers staying therein being less than the number prescribed in the First Schedule or the commencement date determined in respect thereof as referred to in section 75 not having yet arrived, if there is a real danger to the toddlers staying therein.

Implementation and regulations§

64.

The Minister is responsible for the implementation of this Law and may make Regulations in all matters relating to its implementation, including in respect of fees for each of the following, their rates, and the manners and times for their payment:

(1)the filing of an application for an operating licence or for its renewal, under section 5;
(2)professional examinations for the purpose of meeting the eligibility conditions for serving as office holders in a day care centre for toddlers, under section 7(a);
(3)the filing of an application for a permit to serve as an inspection body or for its renewal, under Chapter IV.

Amendment of the First Schedule and the Second Schedule§

65.
(a)The Minister, with the approval of the Committee, may, by Order, prescribe a number of toddlers smaller than the number prescribed in the First Schedule.
(b)The Minister, with the consent of the Minister of Justice, may, by Order, amend the Second Schedule, subject to the following:
(1)
(a)the amount of the financial sanction to be prescribed in Column B of the Second Schedule in respect of a provision listed in Column A beside it shall be 50% of the amount prescribed in Column C in respect of that provision;
(b)the amount of the financial sanction to be prescribed in Column D of the Second Schedule in respect of a provision listed in Column A beside it shall be 120% of the amount prescribed in Column C in respect of that provision;
(2)the amount of the financial sanction to be prescribed in Column D of the Second Schedule shall not exceed NIS 50,000.

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Chapter XI: Indirect Amendments

Amendment of the Municipal Taxes and Government Taxes (Exemption) Ordinance – No. 31§

66.

In the Municipal Taxes and Government Taxes (Exemption) Ordinance, in section 5c(e)(4), at the end there shall come "as well as a day care centre for toddlers as defined in the Supervision of Day Care Centres for Toddlers Law, 5779-2018, provided that a maximum price under the Commodities and Services Price Supervision Law, 5756-1996 applies thereto".

Amendment of the Day Care Centres Supervision Law – No. 7§

67.

In the Day Care Centres Supervision Law, 5725-1965, after section 7 there shall come:

"Supervision in a day care centre for toddlers

7a. (a) An inspector appointed under section 7(a) may enter a day care centre for toddlers in which at-risk toddlers or toddlers with disabilities also stay, for the purpose of conducting an inspection to examine compliance by the holder of the operating licence with the conditions under section 7(a) of the Supervision of Day Care Centres for Toddlers Law that relate to the education and care of at-risk toddlers or toddlers with disabilities staying therein.

(b)If an inspector finds that the holder of an operating licence is not complying with a condition among the conditions referred to in subsection (a), the inspector shall notify the Supervisor accordingly.
(c)In this section –

'Supervision of Day Care Centres for Toddlers Law' means the Supervision of Day Care Centres for Toddlers Law, 5779-2018;

'education and care', 'Supervisor', 'day care centre for toddlers', 'at-risk toddler' and 'operating licence' – as defined in the Supervision of Day Care Centres for Toddlers Law.".

Amendment of the Criminal Records and Rehabilitation of Offenders Law – No. 22§

68.

In the Criminal Records and Rehabilitation of Offenders Law, 5741-1981, in the First Schedule, in item (43), after "5725-1965" there shall come "as well as the Supervisor under the Supervision of Day Care Centres for Toddlers Law, 5779-2018.".

Amendment of the Administrative Tribunals Law – No. 15§

69.

In the Administrative Tribunals Law, 5752-1992, in the Schedule, at the end there shall come:

"28. Appeals committee under section 56 of the Supervision of Day Care Centres for Toddlers Law, 5779-2018.".

Amendment of the Rehabilitative Day Care Centres Law – No. 6§

70.

In the Rehabilitative Day Care Centres Law, 5760-2000, after section 9 there shall come:

"Supervision in a day care centre for toddlers

9a. (a) An inspector appointed under section 8 may enter a day care centre for toddlers in which toddlers with disabilities also stay, for the purpose of conducting an inspection to examine compliance by the holder of the operating licence with the conditions under section 7(a) of the Supervision of Day Care Centres for Toddlers Law that relate to the education and care of toddlers with disabilities staying therein.

(b)If an inspector finds that the holder of an operating licence is not complying with a condition among the conditions referred to in subsection (a), the inspector shall notify the Supervisor accordingly.
(c)In this section –

'Supervision of Day Care Centres for Toddlers Law' means the Supervision of Day Care Centres for Toddlers Law, 5779-2018;

'education and care', 'Supervisor', 'day care centre for toddlers' and 'operating licence' – as defined in the Supervision of Day Care Centres for Toddlers Law.".

Amendment of the Administrative Affairs Courts Law – No. 120§

71.

In the Administrative Affairs Courts Law, 5760-2000 –

(1)in the First Schedule, in item 7a, after sub-item (1) there shall come:

"(2) A decision of an authority under the Supervision of Day Care Centres for Toddlers Law, 5779-2018.";

(2)in the Second Schedule, at the end there shall come:

"26. An appeal under section 56(b)(2) of the Supervision of Day Care Centres for Toddlers Law, 5779-2018.".

Amendment to the At-Risk Toddlers (Right to a Day Care Centre) Law – No. 5§

72.

In the At-Risk Toddlers (Right to a Day Care Centre) Law, 5760-2000 (in this Law – the At-Risk Toddlers Law), in section 1, in the definition "day care centre", at the end thereof there shall come: "and also a day care centre for toddlers as defined in the Supervision of Day Care Centres for Toddlers Law, 5779-2018".

Amendment to the Law for the Prevention of the Employment of Sex Offenders in Certain Institutions – No. 10§

73.

In the Law for the Prevention of the Employment of Sex Offenders in Certain Institutions, 5761-2001, in section 1, in the definition "institution", in paragraph (1), after "day care centres and family day care centres for minors" there shall come "and including a day care centre for toddlers as defined in the Supervision of Day Care Centres for Toddlers Law, 5779-2018".

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