BILL NUMBER: AB 72	CHAPTERED  08/30/04

	CHAPTER  358
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2004
	APPROVED BY GOVERNOR  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 16, 2004
	PASSED THE SENATE  AUGUST 10, 2004
	AMENDED IN SENATE  JUNE 23, 2004
	AMENDED IN SENATE  JUNE 9, 2004
	AMENDED IN SENATE  MAY 26, 2004
	AMENDED IN ASSEMBLY  APRIL 22, 2003
	AMENDED IN ASSEMBLY  MARCH 26, 2003

INTRODUCED BY   Assembly Member Bates
   (Coauthors:  Assembly Members Benoit, Campbell, Cogdill, Cox,
Daucher, La Suer, Maddox, Maze, Pacheco, Plescia, Runner, and
Samuelian)
   (Coauthors:  Senators Denham and Morrow)

                        DECEMBER 19, 2002

   An act to amend Sections 8212 and 8226 of the Education Code, and
to amend Section 1596.853 of, and to add Sections 1596.773 and
1596.8555 to, the Health and Safety Code, relating to child care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 72, Bates.  Child care providers.
   Existing law establishes child care resource and referral
programs, administered by public or private resource and referral
agencies, which provide referrals to child care services and
assistance to child day care providers.  Existing law requires every
child care resource and referral program to advise every person who
requests a child care referral of his or her right to the licensing
information of a licensed child day care facility required to be
maintained at the facility, and to access any public files pertaining
to the facility that are maintained by the State Department of
Social Services Community Care Licensing Division.
   Existing law requires the State Department of Social Services to
notify a resource and referral agency when the department takes
specified actions with respect to the license of a child day care
facility within the resource and referral agency's jurisdiction.
   This bill would replace references under these provisions to a
resource and referral agency with references to a resource and
referral program.  The bill would, in addition, require every child
care resource and referral program, within 2 days of notification by
the department, to remove a licensed child day care facility, with a
revocation or a temporary suspension order, or that is on probation,
as defined, from the program's referral list.
   This bill would require a program, within 2 business days of
receiving notice, to notify entities operating under the child care
resource and referral programs and the child care for recipients of
the CalWORKs program of a licensed child day care facility with a
revocation or a temporary suspension order, or that is on probation.

   This bill would require a program upon notification of a
revocation or a temporary suspension order to terminate payment to
the licensed child day care facility within 2 business days.  This
bill would also require an agency to notify the parents and the
licensed child day care facility in writing within 2 business days
that payment has been terminated and the reason for the termination.

   This bill would require the department to notify the resource and
referral program for a child day care facility's jurisdiction within
one business day of finding that physical or sexual abuse has
occurred at a child day care facility or within 2 business days of
the revocation or temporary suspension of the license of, or
placement on probation of, the facility.
   This bill would require a licensed child day care facility to post
its license in a prominent, publicly accessible location in the
facility during the hours when clients are present.  Since violation
of this requirement would be a crime under existing law, this bill
would impose a state-mandated local program by changing the
definition of a crime.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  Section 8212 of the Education Code is amended to read:

   8212.  For purposes of this article, child care resource and
referral programs, established to serve a defined geographic area,
shall provide the following services:
   (a) Identification of the full range of existing child care
services through information provided by all relevant public and
private agencies in the areas of service, and the development of a
resource file of those services which shall be maintained and updated
at least quarterly.  These services shall include, but not be
limited to, family day care homes, public and private day care
programs, full-time and part-time programs, and infant, preschool,
and extended care programs.
   The resource file shall include, but not be limited to, the
following information:
   (1) Type of program.
   (2) Hours of service.
   (3) Ages of children served.
   (4) Fees and eligibility for services.
   (5) Significant program information.
   (b) (1) Establishment of a referral process which responds to
parental need for information and which is provided with full
recognition of the confidentiality rights of parents.  Resource and
referral programs shall make referrals to licensed child day care
facilities.  Referrals shall be made to unlicensed care facilities
only if there is no requirement that the facility be licensed.  The
referral process shall afford parents maximum access to all referral
information.  This access shall include, but is not limited to,
telephone referrals to be made available for at least 30 hours per
week as part of a full week of operation.  Every effort shall be made
to reach all parents within the defined geographic area, including,
but not limited to, any of the following:
   (A) Toll-free telephone lines.
   (B) Office space convenient to parents and providers.
   (C) Referrals in languages which are spoken in the community.
   Each child care resource and referral program shall publicize its
services through all available media sources, agencies, and other
appropriate methods.
   (2) (A) Provision of information to any person who requests a
child care referral of his or her right to view the licensing
information of a licensed child day care facility required to be
maintained at the facility pursuant to Section 1596.859 of the Health
and Safety Code and to access any public files pertaining to the
facility that are maintained by the State Department of Social
Services Community Care Licensing Division.
   (B) A written or oral advisement in substantially the following
form will comply with the requirements of subparagraph (A):
   "State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining to
the facility that documents a facility visit or a substantiated
complaint investigation.  In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing Division.  You
have the right to access any public information in these files."
   (c) Maintenance of ongoing documentation of requests for service
tabulated through the internal referral process.  The following
documentation of requests for service shall be maintained by all
child care resource and referral programs:
   (1) Number of calls and contacts to the child care information and
referral program or component.
   (2) Ages of children served.
   (3) Time category of child care request for each child.
   (4) Special time category, such as nights, weekends, and swing
shift.
   (5) Reason that the child care is needed.
   This information shall be maintained in a manner that is easily
accessible for dissemination purposes.
   (d) Provision of technical assistance to existing and potential
providers of all types of child care services.  This assistance shall
include, but not be limited to:
   (1) Information on all aspects of initiating new child care
services including, but not limited to, licensing, zoning, program
and budget development, and assistance in finding this information
from other sources.
   (2) Information and resources that help existing child care
services providers to maximize their ability to serve the children
and parents of their community.
   (3) Dissemination of information on current public issues
affecting the local and state delivery of child care services.
   (4) Facilitation of communication between existing child care and
child-related services providers in the community served.
   Services prescribed by this section shall be provided in order to
maximize parental choice in the selection of child care to facilitate
the maintenance and development of child care services and
resources.
   (e) (1) A program operating pursuant to this article within two
business days of receiving notice shall remove a licensed child day
care facility with a revocation or a temporary suspension order, or
that is on probation from the program's referral list.
   (2) A program operating pursuant to this article within two
business days of receiving notice shall notify all entities,
operating a program under Article 3 (commencing with Section 8220)
and Article 15.5 (commencing with Section 8350) in the program's
jurisdiction, of a licensed child day care facility with a revocation
or a temporary suspension order, or that is on probation.
   (3) Once a program operating pursuant to this article notifies an
entity operating a program under Article 3 (commencing with Section
8220) and Article 15.5 (commencing with Section 8350) of a revocation
or a temporary suspension order, the entity, within two business
days, shall do both of the following concurrently:
   (A) Terminate payment to the licensed child day care facility.
   (B) Notify the parents and the licensed child day care facility in
writing that payment has been terminated and the reason for the
termination.
   (4) Once a program operating pursuant to this article notifies an
entity operating a program under Article 3 (commencing with Section
8220) or Article 15.5 (commencing with Section 8350) of a probation,
that entity shall provide written notice to the parents utilizing the
provider that the provider has been placed on probation and that the
parents have an option to locate alternate child day care
arrangements or shall remain with the provider without risk of
subsidy payments to the provider being terminated.  A program
operating pursuant to this section is urged, to the extent feasible,
to provide the written notice required by this paragraph in the
primary language of the parent.
  SEC. 2.  Section 8226 of the Education Code is amended to read:
   8226.  (a) When making referrals, every program operating pursuant
to this article shall provide information to any person who requests
a child care referral of his or her right to view the licensing
information of a licensed child day care facility required to be
maintained at the facility pursuant to Section 1596.859 of the Health
and Safety Code and to access any public files pertaining to the
facility that are maintained by the State Department of Social
Services Community Care Licensing Division.
   (b) A written or oral advisement in substantially the following
form will comply with the requirements of subdivision (a):
   "State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining to
the facility that documents a facility visit or a substantiated
complaint investigation.  In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing Division.  You
have the right to access any public information in these files."
   (c) Every program operating pursuant to this article, within two
days of receiving notice, shall remove from the program's referral
list the name of any licensed child day care facility with a
revocation or a temporary suspension order or that is on probation.

  SEC. 3.  Section 1596.773 is added to the Health and Safety Code,
to read:
   1596.773.  (a) "Probation" means the period of time that a
licensed child day care facility is required to comply with specific
terms and conditions set forth by the department in order to stay or
postpone the revocation of the facility's license.
   (b) "Revocation" means an administrative action taken by the
department to void or rescind the license of a child day care
facility because of serious or chronic violations of licensing laws
or regulations by the facility.
  SEC. 4.  Section 1596.853 of the Health and Safety Code is amended
to read:
   1596.853.  (a) Any person may request an inspection of any child
day care facility in accordance with the California Child Day Care
Facilities Act by transmitting to the department notice of an alleged
violation of applicable requirements prescribed by the statutes or
regulations of this state.  A complaint may be made either orally or
in writing.
   (b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection.  Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint, except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
   (c) Upon receipt of a complaint, the department shall make a
preliminary review and, unless the department determines that the
complaint is willfully intended to harass a licensee or is without
any reasonable basis, the department shall make an onsite inspection
within 10 days after receiving the complaint, except where the visit
would adversely affect the licensing investigation or the
investigation of other agencies, including, but not limited to, law
enforcement agencies.  In either event, the complainant shall be
promptly informed of the department's proposed course of action.
   If the department determines that the complaint is without a
reasonable basis, then the complaint shall be marked confidential and
shall not be disclosed to the public.  The child-care provider shall
be notified in writing within 30 days of the dismissal that the
complaint has been dismissed.
   (d) (1) The department shall notify a resource and referral
program funded under Section 8210 of the Education Code, as follows:

   (A) Upon the issuance or denial of a license for a child day care
facility within the resource and referral program's jurisdiction.
   (B) Within one business day of a finding that physical or sexual
abuse has occurred at a child day care facility within the resource
and referral program's jurisdiction.
   (C) Within two business days of the issuance of a temporary
suspension order, or the revocation or placement on probation of a
license for a child day care facility within the resource and
referral program's jurisdiction.
   (D) The department shall also notify the resource and referral
program of the final resolution of any action specified in this
paragraph.
   (2) With the exception of parents seeking local day care service,
any other entity specified in subdivision (b) of Section 1596.86 may
request that the department provide the notification described in
paragraph (1).
   (e) When the department substantiates an allegation that it deems
to be serious in a facility funded by the Child Development Division
of the State Department of Education pursuant to Chapter 2
(commencing with Section 8200) of Part 6 of the Education Code it
shall notify the Child Development Division.
  SEC. 5.  Section 1596.8555 is added to the Health and Safety Code,
to read:
   1596.8555.  A licensed child day care facility shall post its
license in a prominent, publicly accessible location in the facility.
  A family day care home shall comply with this posting requirement
during the hours when clients are present.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.