BILL NUMBER: SB 309	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 16, 2011
	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Liu

                        FEBRUARY 14, 2011

   An act to  amend Sections 1596.75 and 1596.750 of
  add Section 1596.862 to  the Health and Safety
Code, relating to care facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 309, as amended, Liu. Child day care facilities: youth with
disabilities.
   Existing law, the California Child Day Care Facilities Act,
administered by the State Department of Social Services, provides for
the licensure and regulation of child day care facilities, as
defined. Willful or repeated violation of these provisions is a
misdemeanor. The act defines a child as a person who is under 18
years of age who is being provided care and supervision in a child
day care facility, with specified exceptions. Under existing law, a
child day care facility is authorized to provide nonmedical care to
children under 18 years of age in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual on less than a
24-hour basis.
   Existing law provides for educational programs for persons with
exceptional needs. Existing law includes within the definition of an
individual with special needs a person between 19 and 21 years of
age, who is enrolled in or eligible for a special education program
prior to his or her 19th birthday, and who has not yet completed his
or her prescribed course of study, has not met proficiency standards,
or has not graduated from high school with a regular high school
diploma. Existing law provides that a person who becomes 22 years of
age during the months of January to June, inclusive, while
participating in one of these special education programs, as
specified, may continue his or her participation in the program for
the remainder of the current fiscal year, including any extended
school year program for individuals with exceptional needs
established pursuant to specified state and federal law.
   This bill would  provide that for purposes of the
California Child Day Care Facilities Act, an individual with
developmental disabilities between 18 and 22 years of age who is
still enrolled in school and who has an individual education plan
(IEP) or an individual transition plan would be within the definition
of a child. The bill would provide that an individual who satisfies
these criteria would be classified as "schoolage" for purposes of a
child day care facility with a schoolage child care center license,
as defined, and would be eligible to continue his or her services
through programs with the specified license. The bill would also
require, for these purposes, that an indoor activity space provided
for middle school, high school, and transition age youth to be
physically separated from the space provided for younger, schoolage
participants   authorize a child day care facility
licensed as a schoolage child care center to provide nonmedical care
to an individual who has been determined by a regional center for
persons with developmental disabilities to have a developmental
disability, if specified conditions are met  .
   By changing the definition of an existing crime with respect to
the California Child Day Care Facilities Act, this bill 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 1596.862 is added to the 
 Health and Safety Code   ,  immediately following
Section 1596.861  , to read:  
   1596.862.  Notwithstanding any other provision of law, a child day
care facility licensed as a schoolage child care center pursuant to
Section 1597.21 may provide nonmedical care to an individual who is
over 18 years of age and has been determined by a regional center for
persons with developmental disabilities to have a developmental
disability, as defined in subdivision (a) of Section 4512 of the
Welfare and Institutions Code, if all of the following conditions are
met:
   (a) The individual is enrolled in a special education program and
has an individual education plan prepared pursuant to Section 56340
of the Education Code.
   (b) The licensee submits to the department a written request for a
waiver to the age requirements of the California Child Day Care
Facilities Act, together with substantiating evidence supporting the
request.
   (c) The department provides written approval of the request.
   (d) The individual with a developmental disability either attended
a schoolage child care center prior to 18 years of age, or did not
attend a schoolage child care center prior to 18 years of age, and
attendance at a schoolage child care center is specified in the
individual's individual program plan developed pursuant to Sections
4646, 4646.4, and 4646.5 of the Welfare and Institutions Code.
   (e) Indoor activity space that is provided for middle school, high
school, and transition age youth is physically separated from the
space provided for younger, schoolage participants.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) Section 56026 of the Education Code allows a youth between 19
and 21 years of age who has not yet completed his or her course of
study to be eligible for certain special education programs.
   (b) Section 1596.75 of the Health and Safety Code defines a child
for purposes of the California Child Day Care Facilities Act as a
person under 18 years of age. A child day care facility, as defined
in Section 1596.750 of the Health and Safety Code, refers to a
facility that provides nonmedical care to children less than 18 years
of age.
   (c) This inconsistency results in placement of students with
disabilities between the ages of 18 and 22 in the adult category in
day care facilities, even though these students are still legally
able to remain in a high school program until the age of 21.
   (d) Children with disabilities between 18 and 22 years of age
should be allowed to choose to participate and socialize with their
peer group.
   (e) California law should be consistent, in order to allow child
day care facilities to meet the needs of children with disabilities.
 
  SEC. 2.    Section 1596.75 of the Health and
Safety Code is amended to read:
   1596.75.  (a) "Child" means a person who is under 18 years of age
who is being provided care and supervision in a child day care
facility, except where otherwise specified in this act.
   (b) Notwithstanding subdivision (a), for the purposes of a
facility with a schoolage child care center license, as defined in
Section 101482 of Title 22 of the California Code of Regulations,
"child" also includes an individual with developmental disabilities
between 18 and 22 years of age who is still enrolled in school and
has an individual education plan (IEP) or an individual transition
plan. An individual who satisfies these criteria shall be classified
as "schoolage" for purposes of a facility with a schoolage child care
center license, as defined in Section 101482 of Title 22 of the
California Code of Regulations, and shall continue his or her
eligibility for services through these licensed programs.
   (c) For purposes of subdivision (b), indoor activity space that is
provided for middle school, high school, and transition age youth
shall be physically separated from the space provided for younger,
schoolage participants.  
  SEC. 3.    Section 1596.750 of the Health and
Safety Code is amended to read:
   1596.750.  (a) "Child day care facility" means a facility that
provides nonmedical care to children under 18 years of age in need of
personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual on less than a 24-hour basis. Child day care facility
includes day care centers, employer-sponsored child care centers, and
family day care homes.
   (b) Notwithstanding subdivision (a), "child day care facility"
also includes a facility that provides nonmedical care to an
individual with developmental disabilities between 18 and 22 years of
age, who is still enrolled in school and has an individual education
plan (IEP) or an individual transition plan. An individual who
satisfies these criteria shall be classified as "schoolage" for
purposes of a facility with a schoolage child care center license, as
defined in Section 101482 of Title 22 of the California Code of
Regulations, and shall continue his or her eligibility for services
through these licensed programs.
   (c) For purposes of subdivision (b), indoor activity space that is
provided for middle school, high school, and transition age youth
shall be physically separated from the space provided for younger,
schoolage participants.
   SEC. 4.   SEC. 2.   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.