BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1089|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1089
Author: Liu (D), et al.
Amended: 4/17/12
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/10/12
AYES: Liu, Emmerson, Berryhill, Hancock, Wright, Yee
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Child day care facilities
SOURCE : Author
DIGEST : This bill extends licensing and regulation
requirements for child day care facilities to entities
whose primary purpose is to provide behavioral programming
to address juvenile conduct, as specified. The provisions
of this bill will not apply to programs under the
jurisdiction of specified state- or county-operated
agencies.
ANALYSIS :
Existing law:
1. Establishes, under the California Child Day Care
CONTINUED
SB 1089
Page
2
Facilities Act, various licensing and regulation
requirements for child day care facilities.
2. Exempts from child care licensing statutes the following
licensed or license-exempt programs:
A. Health facilities.
B. Clinics.
C. Community care facilities.
D. Family day care homes providing for the care of
the children of only one family in addition to the
operator's own children.
E. Cooperative child care arrangements, as
specified.
F. Child care provided by a relative.
G. A public recreation program, as specified.
H. Extended day care programs operated by public or
private schools.
I. School parenting program or adult education
programs, as specified.
J. Child care programs that operate one day per week
for no longer than four hours.
AA. Child care programs offering temporary child care
services, as specified.
BB. Programs that provide instructional activities in
a classroom-like setting, as specified.
CC. Programs administered by the Department of
Corrections and Rehabilitation (CDCR), as specified.
DD. Crisis nurseries, as specified, until January 1,
2014.
CONTINUED
SB 1089
Page
3
3. Defines as a juvenile delinquent, under Welfare and
Institutions Code (WIC) Section 601, a minor under age
18 who displays behavior including:
A. Persistently or habitually refusing to obey the
reasonable and proper orders or directions of his/her
parents, guardian, or custodian.
B. Being beyond the control of that parent, guardian
or custodian.
C. Violating any ordinance of any city or county
establishing a curfew based solely on age.
D. Having four or more truancies within one school
year, as defined, or a school attendance review board
or probation officer determines that the available
public and private services are insufficient or
inappropriate to correct the habitual truancy of the
minor, or to correct the minor's persistent or
habitual refusal to obey the reasonable and proper
orders or directions of school authorities.
E. Failing to respond to directives of a school
attendance review board or probation officer or to
services provided.
F. Requiring the Director of the Department of Public
Health to establish minimum standards for organized
camps and directs local health officers to enforce
these standards.
This bill:
1. Prohibits the exclusion of entities whose primary
purpose is behavioral programming to address juvenile
conduct described in WIC Section 601 from child care
licensing statutes.
2. Excludes programs under the jurisdiction of the CDCR,
Division of Juvenile Facilities, the Department of
Education, and county-operated facilities.
3. Adds outpatient behavior programs for children with
CONTINUED
SB 1089
Page
4
developmental disabilities vendored by a regional center
to the list of excluded entities.
4. Includes uncodified legislative findings and
declarations with respect to youth "boot camps".
Background
Boot Camps . "Boot camp" type treatment programs for
wayward teenaged youth have been the subject of controversy
within California and across the nation for more than a
decade. In other states, such behavior modification camps
typically are residentially based programs that offer a
range of services including drug and alcohol treatment,
confidence building, military-style discipline and
psychological counseling. Counselors practice behavior
modification techniques through activities that mirror boot
camps by requiring intense physical activity. Other
similar programs are marketed as wilderness camps, where
counselors practice behavior modification through intensive
outdoor activities which can include multiple-day hikes and
rugged camping experiences.
California prohibits these types of residential programs
through statute requiring that youth in residential
placement "live in a safe, healthy and comfortable home
where he or she is treated with respect," among other
personal rights. Enforced by the Department of Social
Services (DSS), this language prohibits activities intended
to intimidate or demean youths in residential placement and
effectively eliminates such treatment programs as boot
camps from residential licensure in California. (WIC
Section 16001.9)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potentially minor to significant ongoing costs in excess
of $150,000 (General Fund) to the DSS Community Care
Licensing (CCL) Division to license and monitor
additional facilities. Costs would be dependent on the
number of entities impacted statewide. To the extent the
CONTINUED
SB 1089
Page
5
number of new licensees is significant, could require
additional field staff for monitoring and oversight.
To the extent this type of non-traditional treatment
program is determined to require new regulations, the DSS
could incur one-time costs for development of regulations
potentially in excess of $100,000 (General Fund).
Minor, annual ongoing costs to the Judicial Branch,
likely less than $10,000 (per 20 new filings), for
increased court filings for misdemeanor violations of the
Child Day Care Facilities Act.
Non-reimbursable state-mandated local costs for
enforcement, offset to a degree by fine revenue.
SUPPORT : (Verified 5/24/12)
Children's Rights Project at Public Counsel
National Association of Social Workers
Optimist Youth Homes and Family Services
CTW:mw 5/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED