BILL NUMBER: AB 633 CHAPTERED 09/28/06 CHAPTER 545 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006 APPROVED BY GOVERNOR SEPTEMBER 28, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN SENATE MARCH 27, 2006 AMENDED IN ASSEMBLY JANUARY 12, 2006 AMENDED IN ASSEMBLY MARCH 29, 2005 INTRODUCED BY Assembly Member Benoit (Principal coauthor: Senator Alquist) (Coauthors: Assembly Members Bogh, Garcia, and Pavley) FEBRUARY 17, 2005 An act to amend Sections 1596.859, 1596.8595, 1596.8895, and 1597.05 of the Health and Safety Code, relating to child day care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 633, Benoit Child day care facilities: licensing. (1) The California Child Day Care Facilities Act provides for the licensing and regulation of child day care facilities, including day care centers, by the State Department of Social Services. The act makes it a misdemeanor to willfully or repeatedly violate certain provisions or certain rules or regulations. The act requires each 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 or a substantiated complaint investigation. This bill would require each licensed child day care facility to make accessible to the public a copy of any licensing report or other public licensing document pertaining to the facility that documents a facility visit, a substantiated complaint investigation, a conference with a local licensing agency management representative and the licensee in which issues of noncompliance are discussed, or a copy of an accusation indicating the department's intent to revoke the facility's license. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2) The act requires every child care resource and referral program and every alternative payment 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. The act prescribes the text of a written or oral advisement that will comply with those requirements. This bill would revise the text of the advisement that will comply with those requirements. (3) When the department establishes a date for a licensee to correct a deficiency, the act requires the department to provide the licensee with a licensing report or other document verifying compliance or noncompliance. The act authorizes a licensee to make that documentation available to the public. This bill would require the licensee to make that documentation available to the public. (4) The act requires each licensed child day care facility to post certain documents and makes failure to comply with posting requirements subject to a civil penalty of $100. This bill would require a licensed child day care facility to provide to the parents or legal guardians of each child receiving services in the facility copies of any licensing report that documents a complaint investigation that results in a citation that represents an immediate risk to the health, safety, or personal rights of children in care and copies of any licensing document pertaining to a conference conducted by a local licensing agency management representative with the licensee in which issues of noncompliance are discussed. Upon enrollment of a new child in a facility, the bill would require the licensee to provide to the parents or legal guardians of the newly enrolling child copies of any licensing report or document that the licensee has received during the prior 12-month period pertaining to the above type of complaint investigation or conference. The bill would require the licensee to require each recipient of the above reports and documents to sign a statement indicating that he or she has received the document and the date it was received, and to keep verification of receipt in each child's file. (5) Whenever the director temporarily suspends the license, registration, or special permit of a child day care facility, the act requires the director or the local licensing agency to send written notification to the parent or legal guardian of each child receiving services in the facility and to post a written notice of the temporary suspension at the facility in a place readily visible and accessible to the parents or legal guardians of children receiving services at the facility. The act makes removal of the posted notice while the temporary suspension is in effect a violation punishable by a fine of $500. Upon receipt of an accusation indicating the department's intent to revoke a facility's license, this bill would require the licensee to provide copies of a summary of the accusation to the parent or legal guardian of each child receiving services in the facility until that accusation is either dismissed or resolved through the administrative hearing process or stipulated agreement. Upon enrollment of a new child in a facility, the bill would require the licensee to provide to the parents or legal guardians of the newly enrolling child copies of a summary of any accusation that the licensee has received during the prior 12-month period that indicates the department's intent to revoke the facility's license. In both circumstances, the bill would require the licensee to require each recipient of the summary of the accusation to sign a statement indicating that he or she has received the document and the date it was received, and to keep verification of receipt in each child's file. The bill would require the department to provide the licensee with the summary of the accusation. (6) Within 90 days of employing a facility director, this bill would require a licensee to secure verification that the facility director has completed an orientation given by the department. (7) 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. It is the intent of the Legislature to do both of the following: (a) Enact this act in loving memory of Aryanna Sanchez of Riverside, whose life was tragically cut short on March 29, 2004, when she drowned at a licensed child day care facility in the City of Riverside. (b) Improve the transparency of licensing records and ensure that parents desiring to use, or using, a licensed child care facility are aware of situations that present, or have presented, the greatest danger to children. These situations include serious health and safety violations resulting in Type A citations, noncompliance conferences, or efforts by the State Department of Social Services to revoke a facility's license. SEC. 2. Section 1596.859 of the Health and Safety Code is amended to read: 1596.859. (a) (1) Each licensed child day care facility shall make accessible to the public a copy of any licensing report or other public licensing document pertaining to the facility that documents a facility visit, a substantiated complaint investigation, a conference with a local licensing agency management representative and the licensee in which issues of noncompliance are discussed, or a copy of an accusation indicating the department's intent to revoke the facility's license. An individual licensing report and other licensing documents shall not be required to be maintained beyond three years from the date of issuance, and shall not include any information that would not have been accessible to the public through the State Department of Social Services Community Care Licensing Division. (2) (A) Every child care resource and referral program established pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of Part 6 of the Education Code, and every alternative payment program established pursuant to Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 of the Education Code shall 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 pursuant to this section 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, with the telephone number of the local licensing office included, will comply with the requirements of subparagraph (A): "As a parent, you have the right to get information about any substantiated or inconclusive complaints about a child care provider that you select for your child. That information is public and you can get it by calling the local licensing office. This telephone number is ____." (b) Within 30 days after the date specified by the department for a licensee to correct a deficiency, the department shall provide the licensee with a licensing report or other appropriate document verifying compliance or noncompliance. Notwithstanding any other provision of law, and with good cause, the department may provide the licensee with an alternate timeframe for providing the licensing report or other appropriate document verifying compliance or noncompliance. If the department provides the licensee with an alternate timeframe, it shall also provide the reasons for the alternate timeframe, in writing. The licensee shall make this documentation available to the public. SEC. 3. Section 1596.8595 of the Health and Safety Code is amended 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). (c) (1) A licensed child day care facility shall provide to the parents or guardians of each child receiving services in the facility copies of any licensing report that documents any Type A citation that represents an immediate risk to the health, safety, or personal rights of children in care as set forth in paragraph (1) of subdivision (a) of Section 1596.893b. (2) Upon enrollment of a new child in a facility, the licensee shall provide to the parents or legal guardians of the newly enrolling child copies of any licensing report that the licensee has received during the prior 12-month period that documents any Type A citation that represents an immediate risk to the health, safety, or personal rights of children in care as set forth in paragraph (1) of subdivision (a) of Section 1596.893b. (3) The licensee shall require each recipient of the licensing report described in paragraph (1) pertaining to a complaint investigation to sign a statement indicating that he or she has received the document and the date it was received. (4) The licensee shall keep verification of receipt in each child' s file. (d) (1) A licensed child day care facility shall provide to the parents or legal guardians of each child receiving services in the facility copies of any licensing document pertaining to a conference conducted by a local licensing agency management representative with the licensee in which issues of noncompliance are discussed. (2) Upon enrollment of a new child in a facility, the licensee shall provide to the parents or legal guardians of the newly enrolling child copies of any licensing document that the licensee has received during the prior 12-month period that pertains to a conference conducted by a local licensing agency management representative with the licensee in which issues of noncompliance are discussed. (3) The licensee shall require each recipient of the licensing document pertaining to a conference to sign a statement indicating that he or she has received the document and the date it was received. (4) The licensee shall keep verification of receipt in each child' s file. SEC. 4. Section 1596.8895 of the Health and Safety Code is amended to read: 1596.8895. (a) Whenever the director temporarily suspends the license, registration, or special permit of a child day care facility pursuant to Section 1596.886, the director or the local licensing agency shall send written notification to the parent or legal guardian of each child receiving services in the facility. The department or the local licensing agency, if there is one, shall also post a written notice of the temporary suspension at the facility in a place readily visible and accessible to the parents or guardians of children receiving services at the facility. Removal of the posted notice while the temporary suspension is in effect is a violation of this chapter punishable by a fine of five hundred dollars ($500). (b) If a temporary suspension order is not effected within 30 days of the filing of an accusation, the director or the local licensing agency shall send written notification that the accusation has been filed to the parent or legal guardian of each child receiving services in the facility. (c) (1) Upon receipt of an accusation indicating the department's intent to revoke a facility's license, the licensee shall provide copies of a summary of the accusation to the parent or legal guardian of each child receiving services in the facility until that accusation is either dismissed or resolved through the administrative hearing process or stipulated agreement. (2) Upon enrollment of a new child in a facility, the licensee shall provide to the parents or legal guardians of the newly enrolling child copies of a summary of any accusation that the licensee has received during the prior 12-month period that indicates the department's intent to revoke the facility's license. (3) The licensee shall require each recipient of the summary of the accusation to sign a statement indicating that he or she has received the document and the date it was received. (4) The licensee shall keep verification of receipt in each child' s file. (5) The department shall prepare and provide to the licensee the summary of the accusation. SEC. 5. Section 1597.05 of the Health and Safety Code is amended to read: 1597.05. (a) Licensing reviews of a child day care center shall be limited to health and safety considerations and shall not include any reviews of the content of any educational or training program of the facility. (b) A licensee shall have 30 days after the employment of a staff person or enrollment of a child to secure records requiring information from sources not in the control of the licensee, staff person, or child. An extension can be granted where the licensee can demonstrate that further delays are beyond the control of the licensee. No additional onsite inspections for the purpose of checking completion of the designated records shall be made during the 30-day period. "Records," for the purposes of this subdivision, mean those types of records requiring information from sources not in the control of the facilities, and include, but are not limited to, all of the following: (1) Physical examination reports by physicians and surgeons. (2) Confirmation of required immunizations. (3) Submission of official data describing the educational qualifications of the facility staff. (c) Within 90 days of employing a facility director, a licensee shall secure verification that the facility director has completed an orientation given by the department and shall maintain a copy of that verification. 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.