MacDonald

This appeal raises the question of whether the statutory scheme for licensing and inspecting day care facilities (Health & Saf. Code, § 1596.70 et seq.) creates a privately enforceable mandatory duty on the part of governmental entities to discover and prevent harmful conduct that might injure children placed in such facilities by their parents. We answer this question in the negative and hold these statutes do not create a private right of action against the public entities on behalf of the injured child.

Plaintiff William Clifford John MacDonald (William) was 22 months old when his day care provider, defendant Patricia Vitela, severely burned his hands in scalding water. William (through his guardian ad litem) and his parents, plaintiffs Connie V. MacDonald and William S. MacDonald (the parents), brought a complaint for money damages on a number of theories against defendant Vitela, her husband George Vitela, and two public entities which were alleged to owe duties of care to the plaintiffs, defendants State of California (the state) and County of San Diego (the county). The trial court granted motions for judgment on the pleadings brought by the state and the county…