BILL NUMBER: AB 1683 CHAPTERED 09/17/03 CHAPTER 403 FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2003 APPROVED BY GOVERNOR SEPTEMBER 16, 2003 PASSED THE ASSEMBLY SEPTEMBER 2, 2003 PASSED THE SENATE AUGUST 27, 2003 AMENDED IN SENATE AUGUST 18, 2003 AMENDED IN SENATE JULY 16, 2003 AMENDED IN SENATE JUNE 26, 2003 AMENDED IN ASSEMBLY APRIL 24, 2003 INTRODUCED BY Assembly Member Pavley (Coauthors: Assembly Members Calderon, Chavez, Frommer, Koretz, Levine, Mullin, Plescia, and Simitian) (Coauthors: Senators Kuehl and Soto) FEBRUARY 21, 2003 An act to add Sections 1596.817 and 1596.8595 to the Health and Safety Code, relating to child day care. LEGISLATIVE COUNSEL'S DIGEST AB 1683, Pavley. Child day care: licensing report. Under existing law, the State Department of Social Services licenses and regulates child day care facilities in accordance with specified requirements. Willful or repeated violation of child day care facility requirements is a misdemeanor. Existing law requires every licensed child day care facility to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit by the department or a substantiated complaint investigation. Existing law permits a licensed child day care facility to make available to the general public a licensing report or other appropriate document verifying compliance or noncompliance with the department's order to correct a deficiency. This bill would require each licensed child day care facility to post, as specified, a copy of a licensing report pertaining to the facility that documents either a facility visit that results in a citation, as specified, or a substantiated complaint investigation, immediately upon receipt. This bill would also require the facility to post other verifying documents, as specified. It would require the report and verifying documents to remain posted for 30 consecutive days. This bill would provide that failure to comply with these posting requirements will result in an immediate civil penalty of $100. This bill would also require the department to post, as specified, a notice relating to a site visit conducted by the department that would be required to include specified information. This bill would require the notice concerning the site visit to remain posted for 30 consecutive days, and would impose an immediate civil penalty of $100 on a facility that does not comply with this requirement. This bill would require family day care homes to comply with the posting provisions contained in the bill only during the hours when clients are present. Because this bill would impose additional requirements on licensed child day care facilities, thus creating a new crime, it would impose a state-mandated local program. 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 1596.817 is added to the Health and Safety Code, to read: 1596.817. (a) When the department conducts a site visit of a licensed child day care facility, the department shall post on, or immediately adjacent to, the interior side of the main door into the facility and adjacent to the postings required pursuant to Section 1596.8595, a notice, written in at least 14-point type, that includes all of the following: (1) The date of the site visit. (2) Whether the facility was cited for violating any state standards or regulations as a result of the site visit and which of the following categories was cited: (A) A violation that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of children in care. (B) A violation that, if not corrected, could become a risk to the health, safety, or personal rights of children, a recordkeeping violation that would impact the care of children, or a violation that would impact those services required to meet children's needs. (3) Whether the facility is required to post the site visit report for 30 consecutive days pursuant to Section 1596.8595. (4) A statement explaining that copies of the site visit report, including, but not limited to, violations noted in subparagraph (B) of paragraph (2), may be obtained by contacting the department and the telephone number to call in order to obtain a copy of the site visit report. (5) The name and telephone number of a person in the department who may be contacted for further information about the site visit report. (b) (1) The notice posted pursuant to subdivision (a) shall remain posted for 30 consecutive days, except that a family day care home shall comply with the posting requirements contained in this subdivision only during the hours when clients are present. (2) Failure by a licensed child day care facility or a family day care home to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100). SEC. 2. Section 1596.8595 is added to the Health and Safety Code, to read: 1596.8595. (a) (1) Each licensed child day care facility shall post a copy of any licensing report pertaining to the facility that documents either a facility visit or a complaint investigation that results in a citation for a violation that, if not corrected, will create a direct and immediate risk to the health, safety, or personal rights of children in care. The licensing report provided by the department shall be posted immediately upon receipt, adjacent to the postings required pursuant to Section 1596.817 and on, or immediately adjacent to, the interior side of the main door to the facility and shall remain posted for 30 consecutive days. (2) A family day care home shall comply with the posting requirements contained in paragraph (1) during the hours when clients are present. (3) Failure to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100). (b) (1) Notwithstanding subdivision (b) of Section 1596.859, the licensee shall post a licensing report or other appropriate document verifying the licensee's compliance or noncompliance with the department's order to correct a deficiency that is subject to posting pursuant to paragraph (1) of subdivision (a). The licensing report or other document shall be posted immediately upon receipt, adjacent to the postings required pursuant to Section 1596.817, on, or immediately adjacent to, the interior side of the main door into the facility and shall be posted for a period of 30 consecutive days. (2) A family day care home shall comply with the posting requirements contained in paragraph (1) during the hours when clients are present. (3) Failure to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100). SEC. 3. 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.