BILL NUMBER: AB 1358	CHAPTERED  07/09/02

	CHAPTER  122
	FILED WITH SECRETARY OF STATE  JULY 9, 2002
	APPROVED BY GOVERNOR  JULY 9, 2002
	PASSED THE ASSEMBLY  JUNE 24, 2002
	PASSED THE SENATE  JUNE 20, 2002
	AMENDED IN SENATE  MARCH 18, 2002
	AMENDED IN SENATE  FEBRUARY 19, 2002
	AMENDED IN ASSEMBLY  JANUARY 24, 2002
	AMENDED IN ASSEMBLY  JANUARY 22, 2002
	AMENDED IN ASSEMBLY  JANUARY 7, 2002

INTRODUCED BY   Assembly Member Pescetti

                        FEBRUARY 23, 2001

   An act to add Section 1596.8535 to the Health and Safety Code,
relating to childcare facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1358, Pescetti.  Childcare facilities:  inspections.
   Existing law provides that any person may request an inspection of
any child daycare facility after notifying the State Department of
Social Services of an alleged violation of applicable requirements.
Existing law requires the department to inspect a child daycare
facility on receipt of such a complaint, except as provided.
Existing law authorizes the department to conduct announced and
unannounced site visits.
   This bill would require the department to conduct any authorized
inspection, announced site visit, or unannounced site visit of any
child daycare facility only during the period beginning one hour
before and ending one hour after the facility's normal business
hours, or at any time childcare services are being provided, with
specified exception.  This bill would also require the department to
develop regulations establishing a procedure for the department to
inactivate a license, in its discretion and upon the licensee's
request, and would provide for inspections during the period of
inactive status, as prescribed.
   This bill would become operative July 1, 2003.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1596.8535 is added to the Health and Safety
Code, to read:
   1596.8535.  (a) Notwithstanding any other provision of law, the
department shall conduct any authorized inspection, announced site
visit, or unannounced site visit of any child daycare facility only
during the period beginning one hour before and ending one hour after
the facility's normal business hours or at any time childcare
services are being provided.  This subdivision shall not apply to the
investigation of any complaint received by the department if the
department determines that an inspection or site visit outside the
time period beginning one hour before, and ending one hour after, the
facility's normal operating hours is necessary to protect the health
or safety of any child in the facility.
   (b) If a facility is closed for an extended period of time, the
department may not perform any inspection, announced site visit, or
unannounced site visit until the facility has reopened, subject to
subdivision (a).
   (c) The department shall develop regulations establishing a
procedure by which a licensee of any childcare facility may notify
the licensing agency of a planned period of inactivity in the
operation of the facility.  The department shall also develop
regulations establishing a procedure by which the department shall
determine if it will grant inactive status to a licensee after
receiving this notice from the licensee.
   (d) If the department grants inactive status to a licensee
pursuant to subdivision (c), the license shall not be valid during
the period of inactivity in the operation of the facility, the
licensee shall be responsible for the payment of annual licensing
fees and for maintaining licensing standards upon reactivation of
operation of the facility, and the department's timeframe for
required site visits shall be adjusted accordingly.  However, if the
department believes the licensee is operating during a period in
which the department has granted inactive status to the licensee, the
department may enter the facility for any inspection permitted by
law.
   (e) This section shall be operative July 1, 2003.