BILL NUMBER: SB 1089 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2012
AMENDED IN SENATE MARCH 19, 2012
INTRODUCED BY Senator Liu
(Principal coauthor: Assembly Member Portantino)
FEBRUARY 15, 2012
An act to amend Section 1596.792 of the Health and Safety Code,
relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1089, as amended, Liu. Child day care facilities.
The California Child Day Care Facilities Act provides for the
licensing and regulation of child day care facilities, as defined,
and makes willful or repeated violations of the act a misdemeanor.
The act does not apply to specified entities.
Existing law provides that any person under the age of
18 years of age who persistently or habitually
refuses to obey reasonable and proper orders or directions of his or
her parents, guardian, or custodian, or who is beyond the control of
that person is within the jurisdiction of the juvenile court.
This bill would provide that the California Child Day
Care Facilities Act does not apply to specified entities ,
including certain outpatient behavior programs for children with
developmental disabilities, unless the primary purpose of
the entity any of those entities is to
provide behavior programming, as specified, but not including
programs that are under the jurisdiction of county-operated
facilities or certain state departments. By changing the scope of a
crime, 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. The Legislature finds and declares all of the
following:
(a) Youth "boot camps," "ranch camps," "forestry camps," or other
nontraditional treatment programs are intended to be less restrictive
treatment options for children with significant behavioral issues.
(b) Since the 1990s, hundreds of these programs have been
established nationwide, with thousands of allegations of abuse,
including death.
(c) These programs are administered by 501(c)(3)
nonprofit organizations described in Section 501(c)(3)
of the Internal Revenue Code .
(d) These programs advertise services for youth with behavioral
issues to families who may feel they have few other options.
(e) These boot camps are shown to utilize high-risk tactics on
children, such as extreme physical exertion.
(f) A particularly troubling instance of neglect and abuse of
power surfaced in 2011 at a youth boot camp in Pasadena, California,
including allegations of kidnapping, child abuse, child endangerment,
extortion, and unlawful use of a badge.
(g) The few boot camp-style programs for youth that operate in
California do so without licensure.
(h) Boot camps that fail to apply for a license put children at
risk.
(i) It is the role of the Legislature to ensure proper licensing
and regulation of social service providers for the protection and
care of all citizens.
SEC. 2. Section 1596.792 of the Health and Safety Code, as amended
by Section 4 of Chapter 519 of the Statutes of 2010, is amended to
read:
1596.792. This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following, unless the primary purpose of the
entity is to provide behavior programming to address conduct
described in Section 601 of the Welfare and Institutions Code, but
not including programs that are under the jurisdiction of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities or the State Department of Education, or county-operated
facilities:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any community care facility, as defined by Section 1502.
(d) Any family day care home providing care for the children of
only one family in addition to the operator's own children.
(e) Any cooperative arrangement between parents for the care of
their children when no payment is involved and the arrangement meets
all of the following conditions:
(1) In a cooperative arrangement, parents shall combine their
efforts so that each parent, or set of parents, rotates as the
responsible caregiver with respect to all the children in the
cooperative.
(2) Any person caring for children shall be a parent, legal
guardian, stepparent, grandparent, aunt, uncle, or adult sibling of
at least one of the children in the cooperative.
(3) There can be no payment of money or receipt of in-kind income
in exchange for the provision of care. This does not prohibit in-kind
contributions of snacks, games, toys, blankets for napping, pillows,
and other materials parents deem appropriate for their children. It
is not the intent of this paragraph to prohibit payment for outside
activities, the amount of which may not exceed the actual cost of the
activity.
(4) No more than 12 children are receiving care in the same place
at the same time.
(f) Any arrangement for the receiving and care of children by a
relative.
(g) Any public recreation program. "Public recreation program"
means a program operated by the state, city, county, special
district, school district, community college district, chartered
city, or chartered city and county that meets either of the following
criteria:
(1) The program is operated only during hours other than normal
school hours for kindergarten and grades 1 to 12, inclusive, in the
public school district where the program is located, or operated only
during periods when students in kindergarten and grades 1 to 12,
inclusive, are normally not in session in the public school district
where the program is located, for either of the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
In determining "normal school hours" or periods when students are
"normally not in session," the State Department of Social Services
shall, when appropriate, consider the normal school hours or periods
when students are normally not in session for students attending a
year-round school.
(2) The program is provided to children who are over the
age of four years and nine months of age and not
yet enrolled in school and the program is operated during either of
the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
(3) The program is provided to children under the age of
four years and nine months of age with sessions
that run 12 hours per week or less and are 12 weeks or less in
duration. A program subject to this paragraph may permit children to
be enrolled in consecutive sessions throughout the year. However, the
program shall not permit children to be enrolled in a combination of
sessions that total more than 12 hours per week for each child.
(h) Extended day care programs operated by public or private
schools.
(i) Any school parenting program or adult education child care
program that satisfies both of the following:
(1) Is operated by a public school district or operated by an
individual or organization pursuant to a contract with a public
school district.
(2) Is not operated by an organization specified in Section
1596.793.
(j) Any child day care program that operates only one day per week
for no more than four hours on that one day.
(k) Any child day care program that offers temporary child care
services to parents and that satisfies both of the following:
(1) The services are only provided to parents and guardians who
are on the same premises as the site of the child day care program.
(2) The child day care program is not operated on the site of a
ski facility, shopping mall, department store, or any other similar
site identified by the department by regulation.
(l) Any program that provides activities for children of an
instructional nature in a classroom-like setting and satisfies both
of the following:
(1) Is operated only during periods of the year when students in
kindergarten and grades 1 to 12, inclusive, are normally not in
session in the public school district where the program is located
due to regularly scheduled vacations.
(2) Offers any number of sessions during the period specified in
paragraph (1) that when added together do not exceed a total of 30
days when only schoolage children are enrolled in the program or 15
days when children younger than schoolage are enrolled in the
program.
(m) A program facility administered by the Department of
Corrections and Rehabilitation that (1) houses both women and their
children, and (2) is specifically designated for the purpose of
providing substance abuse treatment and maintaining and strengthening
the family unit pursuant to Chapter 4 (commencing with Section 3410)
of Title 2 of Part 3 of the Penal Code, or Chapter 4.8 (commencing
with Section 1174) of Title 7 of Part 2 of that code.
(n) An outpatient behavior program for children with developmental
disabilities that is vendorized by a regional center.
(n)
(o) Any crisis nursery, as defined in subdivision (a)
of Section 1516.
(o)
(p) This section shall remain in effect only until
January 1, 2014, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2014, deletes or
extends that date.
SEC. 3. Section 1596.792 of the Health and Safety Code, as amended
by Section 5 of Chapter 519 of the Statutes of 2010, is amended to
read:
1596.792. This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following, unless the primary purpose of the
entity is to provide behavior programming to address conduct
described in Section 601 of the Welfare and Institutions Code, but
not including programs that are under the jurisdiction of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities or the State Department of Education, or county-operated
facilities:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any community care facility, as defined by Section 1502.
(d) Any family day care home providing care for the children of
only one family in addition to the operator's own children.
(e) Any cooperative arrangement between parents for the care of
their children when no payment is involved and the arrangement meets
all of the following conditions:
(1) In a cooperative arrangement, parents shall combine their
efforts so that each parent, or set of parents, rotates as the
responsible caregiver with respect to all the children in the
cooperative.
(2) Any person caring for children shall be a parent, legal
guardian, stepparent, grandparent, aunt, uncle, or adult sibling of
at least one of the children in the cooperative.
(3) There can be no payment of money or receipt of in-kind income
in exchange for the provision of care. This does not prohibit in-kind
contributions of snacks, games, toys, blankets for napping, pillows,
and other materials parents deem appropriate for their children. It
is not the intent of this paragraph to prohibit payment for outside
activities, the amount of which may not exceed the actual cost of the
activity.
(4) No more than 12 children are receiving care in the same place
at the same time.
(f) Any arrangement for the receiving and care of children by a
relative.
(g) Any public recreation program. "Public recreation program"
means a program operated by the state, city, county, special
district, school district, community college district, chartered
city, or chartered city and county that meets either of the following
criteria:
(1) The program is operated only during hours other than normal
school hours for kindergarten and grades 1 to 12, inclusive, in the
public school district where the program is located, or operated only
during periods when students in kindergarten and grades 1 to 12,
inclusive, are normally not in session in the public school district
where the program is located, for either of the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
In determining "normal school hours" or periods when students are
"normally not in session," the State Department of Social Services
shall, when appropriate, consider the normal school hours or periods
when students are normally not in session for students attending a
year-round school.
(2) The program is provided to children who are over the
age of four years and nine months of age and not
yet enrolled in school and the program is operated during either of
the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
(3) The program is provided to children under the age of
four years and nine months of age with sessions
that run 12 hours per week or less and are 12 weeks or less in
duration. A program subject to this paragraph may permit children to
be enrolled in consecutive sessions throughout the year. However, the
program shall not permit children to be enrolled in a combination of
sessions that total more than 12 hours per week for each child.
(h) Extended day care programs operated by public or private
schools.
(i) Any school parenting program or adult education child care
program that satisfies both of the following:
(1) Is operated by a public school district or operated by an
individual or organization pursuant to a contract with a public
school district.
(2) Is not operated by an organization specified in Section
1596.793.
(j) Any child day care program that operates only one day per week
for no more than four hours on that one day.
(k) Any child day care program that offers temporary child care
services to parents and that satisfies both of the following:
(1) The services are only provided to parents and guardians who
are on the same premises as the site of the child day care program.
(2) The child day care program is not operated on the site of a
ski facility, shopping mall, department store, or any other similar
site identified by the department by regulation.
(l) Any program that provides activities for children of an
instructional nature in a classroom-like setting and satisfies both
of the following:
(1) Is operated only during periods of the year when students in
kindergarten and grades 1 to 12, inclusive, are normally not in
session in the public school district where the program is located
due to regularly scheduled vacations.
(2) Offers any number of sessions during the period specified in
paragraph (1) that when added together do not exceed a total of 30
days when only schoolage children are enrolled in the program or 15
days when children younger than schoolage are enrolled in the
program.
(m) A program facility administered by the Department of
Corrections and Rehabilitation that (1) houses both women
and their children, and (2) is specifically designated for the
purpose of providing substance abuse treatment and maintaining and
strengthening the family unit pursuant to Chapter 4 (commencing with
Section 3410) of Title 2 of Part 3 of the Penal Code, or Chapter 4.8
(commencing with Section 1174) of Title 7 of Part 2 of that code.
(n) An outpatient behavior program for children with developmental
disabilities that is vendorized by a regional center.
(n)
(o) This section shall become operative on January 1,
2014.
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.