BILL NUMBER: SB 1089 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 3, 2012
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 add
Section 1502.2 to the Health and Safety Code, relating to care
facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1089, as amended, Liu. Child day care facilities.
Alternative treatment facilities for youth.
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 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 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.
Existing law, the California Community Care Facilities Act (the
act), provides for the licensure and regulation of community care and
residential facilities by the State Department of Social Services.
Under existing law, a violation of any of these provisions is
punishable as a misdemeanor.
This bill would define "private nontraditional alternative
treatment facility for youth," for purposes of the act. The bill
would prohibit a person, firm, partnership, association organization,
or corporation from operating, establishing, managing, conducting,
or maintaining these type of treatment facilities unless licensing
provisions are met and components of the program are accredited by an
approved organization, as specified. The bill would prohibit a
private nontraditional alternative treatment facility for youth from
using corporal punishment, as defined. By adding private
nontraditional alternative treatment facilities for youth to the act,
this bill would create a new crime and 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 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 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 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.
(o) Any crisis nursery, as defined in subdivision (a) of Section
1516.
(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 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 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.
(o) This section shall become operative on January 1, 2014.
SEC. 2. Section 1502.2 is added to the
Health and Safety Code , to read:
1502.2. "Private nontraditional alternative treatment facility
for youth" means any residential or nonresidential facility or
program operated by an organization that provides aggressive
nontraditional punitive, retaliatory, aversive, or military style
behavioral treatment or intervention services for youth.
(a) No person, firm, partnership, association organization, or
corporation shall operate, establish, manage, conduct, or maintain a
private nontraditional alternative treatment facility for youth,
unless the applicable licensing requirements are met and all
components of the program are accredited by an independent nonprofit
accrediting organization approved by the department, including the
Commission on Accreditation of Rehabilitation International or the
Joint Commission.
(b) Corporal punishment shall not be used in any private
nontraditional alternative treatment facility for youth.
(c) For the purposes of this section, "corporal punishment" means
willfully causing the infliction of physical pain or injury on a
child through physical contact, verbal or emotional harassment,
intimidation, humiliation, exploitation, or abuse.
(d) A resolution, bylaw, rule, ordinance, or any other act or
authority permitting or authorizing the operation of a private
nontraditional alternative treatment facility for youth that does not
comply with this section is void and unenforceable.
(e) Private nontraditional alternative treatment facilities for
youth do not include programs under the jurisdiction of the
Department of Corrections and Rehabilitation, the Division of
Juvenile Facilities, the State Department of Education,
county-operated facilities or programs, or a residential or
nonresidential behavior program for youth with developmental
disabilities that is under the jurisdiction of the State Department
of Developmental Services or vendorized by a regional center pursuant
to Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code.
SEC. 4. 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.