BILL NUMBER: SB 309 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN ASSEMBLY AUGUST 29, 2011
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 add Sections 1596.785, 1596.7915, and 1596.862 to the
Health and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 309, Liu. Child day care facilities: schoolage child care
centers: nonminor students.
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 authorize the department to approve or deny a
written request from a schoolage child care center, as defined, for
enrollment or retention of a nonminor student, as defined, at the
schoolage child care center if the department makes a specified
determination. This bill would require that, if a request is
submitted to the department at least 30 days prior to the child's
18th birthday, the nonminor student be retained at a schoolage child
care center, unless the request is denied in writing. This bill would
prohibit a nonminor student from being enrolled at a schoolage child
care center until the request is approved in writing by the
department.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1596.785 is added to the Health and Safety
Code, immediately following Section 1596.78, to read:
1596.785. "Nonminor student" means a person 18 years of age or
older who qualifies as an individual with exceptional needs, as
defined in Section 56026 of the Education Code, and who qualifies for
services from a regional center for persons with developmental
disabilities, as a person with a developmental disability as defined
in subdivision (a) of Section 4512 of the Welfare and Institutions
Code. The terms "child," "children," or "minor," as used in this
chapter or Chapter 3.5 (commencing with Section 1596.90), may also
include a nonminor student enrolled or retained at a schoolage child
care center.
SEC. 2. Section 1596.7915 is added to the Health and Safety Code,
immediately following Section 1596.791, to read:
1596.7915. "Schoolage child care center" means a day care center
or part of a day care center that provides nonmedical care and
supervision, personal services, or assistance essential for
sustaining the activities of daily living or for the protection of
schoolage children or nonminor students, or both, in a group setting
for less than 24 hours per day.
SEC. 3. Section 1596.862 is added to the Health and Safety Code,
immediately following Section 1596.861, to read:
1596.862. (a) The department may approve or deny a written
request for enrollment or retention of a nonminor student at a
schoolage child care center. The department may approve a request for
enrollment or retention of a nonminor student if the department
determines the schoolage child care center can meet the needs of the
nonminor student and enrollment or retention of the nonminor student
is not detrimental to the health and safety of the nonminor student.
(b) (1) For the purposes of retention, if a request, as described
in subdivision (c), is submitted to the department at least 30 days
prior to the child's 18th birthday, the nonminor student shall be
retained at a schoolage child care center, unless the request is
denied in writing by the department.
(2) For the purposes of enrollment, a nonminor student shall not
be enrolled at a schoolage child care center until the request, as
described in subdivision (c), is approved in writing by the
department.
(c) A written request from a schoolage child care center for
enrollment or retention of a nonminor student shall include all of
the following:
(1) Confirmation that the licensee conducted a personal interview
of the nonminor student or the nonminor student's authorized
representative, if applicable, and a written statement from the
licensee that assesses both of the following:
(A) Whether the enrollment or retention of the nonminor student
would present a threat to the physical health, mental health, or
safety of the nonminor student and others at the schoolage child care
center.
(B) Whether the needs of the nonminor student can be met by the
schoolage child care center.
(2) A copy of the nonminor student's current individualized
education program and any other information requested by the
department.
(d) A nonminor student enrolled or retained pursuant to this
section shall be exempt from the fingerprinting and criminal record
clearance requirements in Section 1596.871 and otherwise applicable
regulations.
(e) An approved request may be terminated by the department and a
citation of deficiency, an assessment of civil penalties, or
discipline of the licensee pursuant to Section 1596.885 or Section
1596.886, or any combination thereof, may result if the licensee
fails to comply with applicable laws.
(f) The department may adopt regulations necessary to implement
this section.
SEC. 4. 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.