California Legislature—2013–14 Regular Session

Assembly BillNo. 2228


Introduced by Assembly Member Cooley

February 20, 2014


An act to amend Sections 1516 and 1526.8 of the Health and Safety Code, relating to crisis nurseries.

LEGISLATIVE COUNSEL’S DIGEST

AB 2228, as introduced, Cooley. Crisis nurseries.

Existing law provides for the licensure and regulation by the State Department of Social Services of crisis nurseries, as defined. Violation of these provisions is a misdemeanor. Existing law authorizes crisis nurseries to provide care and supervision for children under 6 years of age who are voluntarily placed by a parent or legal guardian due to a family crisis for no more than 30 days.

Existing law provides that a maximum licensed capacity for a crisis nursery program is 14 children. Existing law authorizes a crisis nursery to provide child day care services for children under 6 years of age at the same site as a crisis nursery, but provides that a child is prohibited from receiving more than 30 calendar days of child day care services at the crisis nursery in a 6-month period unless the department issues an exception. Existing law requires the department to allow the use of fully trained and qualified volunteers as caregivers in a crisis nursery subject to specified conditions.

This bill would provide that the maximum licensed capacity of 14 children applies to overnight crisis nursery programs. The bill would instead provide that a crisis nursery may provide crisis day respite services and that the maximum licensed capacity for crisis day respite shall be based on 35 square feet of indoor activity space per child, as prescribed.

This bill would require that the licensee designate at least one lead caregiver, as described, to be present at the crisis nursery at all times when children are present, would require the licensee to develop, maintain, and implement a written staff training plan, as specified, and would require a crisis nursery to have at least one caregiver at all times who has completed training pediatric first aid and cardiopulmonary resuscitation. The bill would modify the requirements relating to the use of volunteers to be counted in the staff-to-child ratios in a crisis nursery, as specified, and would prescribe requirements relating to when a child has a health condition that requires medication.

By expanding the scope of 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:

P2    1

SECTION 1.  

Section 1516 of the Health and Safety Code is
2amended to read:

3

1516.  

(a) For purposes of this chapter, “crisis nursery” means
4a facility licensed by the department to provide short-term, 24-hour
5nonmedical residential care and supervision for children under six
6years of age, who are voluntarily placed for temporary care by a
7parent or legal guardian due to a family crisis or stressful situation
8for no more than 30 days.

9(b) A crisis nursery shall be organized and operated on a
10nonprofit basis by either a private nonprofit corporation or a
11nonprofit public benefit corporation.

12(c) “Voluntary placement,” for purposes of this section, means
13a child, who is not receiving Aid to Families with Dependent
14Children-Foster Care, placed by a parent or legal guardian who
15retains physical custody of, and remains responsible for, the care
16of his or her children who are placed for temporary emergency
P3    1care, as described in subdivision (a). Voluntary placement does
2not include placement of a child who has been removed from the
3care and custody of his or her parent or legal guardian and placed
4in foster care by a child welfare services agency.

5(d) (1) Except as provided in paragraph (2), the maximum
6licensed capacity forbegin delete aend deletebegin insert an overnightend insert crisis nursery program shall
7be 14 children.

8(2) A facility licensed on or before January 1, 2004, as a group
9home for children underbegin delete the age ofend delete six yearsbegin insert of ageend insert with a licensed
10capacity greater than 14 children, but less than 21 children, that
11provides crisis nursery services shall be allowed to retain its
12capacity if issued a crisis nursery license until there is a change in
13the licensee’s program, location, or client population.

14(e) Each crisis nursery shall collect and maintain information,
15in a format specified by the department, indicating the total number
16of children placed in the program, the length of stay for each child,
17the reasons given for the use of the crisis nursery, and the age of
18each child. This information shall be made available to the
19department upon request.

20(f) begin insert(1)end insertbegin insertend insert Notwithstanding Section 1596.80, a crisis nursery may
21providebegin delete child day careend deletebegin insert crisis day respiteend insert services for children under
22begin delete the age ofend delete six yearsbegin insert of ageend insert at the same site as the crisis nursery. begin delete A
23child may not receive child day care services at a crisis nursery
24for more than 30 calendar days in a six-month period unless the
25department issues an exception. A child who is receiving child
26day care services shall be counted in the licensed capacityend delete
.

begin insert

27(2) The maximum licensed capacity for crisis day respite shall
28be based on 35 square feet of indoor activity space per child.
29Bedrooms, bathrooms, halls, offices, isolation areas,
30food-preparation areas, and storage places shall not be included
31in the calculation of indoor activity space. Floor area under tables,
32desks, chairs, and other equipment intended for use as part of
33children’s activities shall be included in the calculation of indoor
34space.

end insert

35(g) Exceptions to group home licensing regulations pursuant to
36subdivision (c) of Section 84200 of Title 22 of the California Code
37of Regulations, in effect on August 1, 2004, for county-operated
38or county-contracted emergency shelter care facilities that care for
39children underbegin delete the age ofend delete six yearsbegin insert of ageend insert for no more than 30 days,
40shall be contained in regulations for crisis nurseries.

begin delete

P4    1(h) This section shall become operative on July 1, 2012.

end delete
2

SEC. 2.  

Section 1526.8 of the Health and Safety Code is
3amended to read:

4

1526.8.  

(a) It is the intent of the Legislature that the department
5develop modified staffing levels and requirements for crisis
6nurseries, provided that the health, safety, and well-being of the
7children in care are protected and maintained.

begin insert

8(1) At all times, at least one caregiver shall have completed
9training in pediatric cardiopulmonary resuscitation (CPR) and
10pediatric first aid. Completion of training shall be demonstrated
11by current and valid pediatric CPR and pediatric first aid cards
12issued by the American Red Cross, the American Heart
13Association, or by a training program that has been approved by
14the Emergency Medical Services Authority pursuant to Section
151797.191.

end insert
begin insert

16(2) The licensee shall develop, maintain, and implement a
17written staff training plan for the orientation, continuing education,
18on-the-job training and development, supervision, and evaluation
19of all lead caregivers, caregivers, and volunteers. The licensee
20shall incorporate the training plan in the crisis nursery plan of
21operation.

end insert
begin insert

22(3) The licensee shall designate at least one lead caregiver to
23be present at the crisis nursery at all times when children are
24present. The lead caregiver shall have one of the following
25education and experience qualifications:

end insert
begin insert

26(A) Completion of 12 postsecondary semester units or equivalent
27quarter units, with a passing grade, as determined by the
28institution, in classes with a focus on early childhood education,
29child development, or child health at an accredited college or
30university, as determined by the department, and six months of
31work experience in a licensed group home, licensed infant care
32center, or comparable group child care program or family day
33care. At least three semester units, or equivalent quarter units, or
34equivalent experience shall include coursework or experience in
35the care of infants.

end insert
begin insert

36(B) A current and valid Child Development Associate (CDA)
37credential, with the appropriate age level endorsement issued by
38the CDA National Credentialing Program, and at least six months
39of on-the-job training or work experience in a licensed child care
40center or comparable group child care program.

end insert
begin insert

P5    1(C) A current and valid Child Development Associate Teacher
2Permit issued by the California Commission on Teacher
3Credentialing pursuant to Sections 80105 to 80116, inclusive, of
4Title 5 of the California Code of Regulations.

end insert
begin insert

5(4) Lead caregivers shall have a minimum of 24 hours of
6training and orientation before working with children. One year
7experience in a supervisory position in a child care or group care
8facility may substitute for 16 hours of training and orientation.
9The written staff training plan shall require the lead caregiver to
10receive and document a minimum of 20 hours of annual training
11directly related to the functions of his or her position.

end insert
begin insert

12(5) Caregiver staff shall complete a minimum of 24 hours of
13initial training within the first 90 days of employment, which may
14include first aid and CPR and shall be included in the written staff
15training plan. Eight hours of training shall be completed before
16the caregiver staff are responsible for children, left alone with
17children, and counted in the staff-to-child ratios described in
18subdivision (c). A maximum of four hours of training may be
19 satisfied by job shadowing.

end insert

20(b) The department shall allow the use of fully trained and
21qualified volunteers as caregivers in a crisis nursery, subject to the
22following conditions:

23(1) Volunteers shall be fingerprinted for the purpose of
24conducting a criminal record review as specified in subdivision
25(b) of Section 1522.

26(2) Volunteers shall complete a child abuse central index check
27as specified in Section 1522.1.

28(3) Volunteers shall be in good physical health and be tested
29for tuberculosis not more than one year prior to, or seven days
30after, initial presence in the facility.

31(4) Prior to assuming the duties and responsibilities of a crisis
32caregiver or being counted in the staff-to-child ratio, volunteers
33shall complete at leastbegin delete eightend deletebegin insert fiveend insert hours of initial training divided
34as follows:

35(A) begin deleteFour end deletebegin insertTwo end inserthours of crisis nursery job shadowing.

36(B) begin deleteTwo hours end deletebegin insertOne hour end insertof review of community care licensing
37regulations.

38(C) Two hours of review of the crisis nursery program, including
39the facility mission statement, goals and objectives,begin insert child guidance
40techniques,end insert
and special needs of the client population they serve.

begin delete

P6    1(5) Within 90 days, volunteers who are included in the
2staff-to-child ratios shall complete at least 20 hours of training
3divided as follows:

end delete
begin delete

4(A) Twelve hours of pediatric first aid and pediatric
5cardiopulmonary resuscitation.

end delete
begin delete

6(B) Eight hours of child care health and safety issues.

end delete
begin insert

7(5) Within 90 days, volunteers who are included in the
8 staff-to-child ratios shall complete at least eight hours of training
9covering child care health and safety issues, trauma informed
10care, the importance of family and sibling relationships,
11temperaments of children, self-regulation skills and techniques,
12and program child guidance techniques.

end insert

13(6) Volunteers who meet the requirements of paragraphs (1),
14(2), and (3), but who have not completed the training specified in
15paragraph (4) or (5) may assist a fully trained and qualified staff
16person in performing child care duties. However, these volunteers
17shall not be left alone with children, shall always be under the
18direct supervision and observation of a fully trained and qualified
19staff person, and shall not be counted in meeting the minimum
20staff-to-child ratio requirementsbegin insert, except that volunteers may
21supervise napping children without being under the direct
22supervision of staffend insert
.

23(c) The department shall allow the use of fully trained and
24qualified volunteers to be counted in the staff-to-child ratio in a
25crisis nursery subject to the following conditions:

26(1) The volunteers have fulfilled the requirements in paragraphs
27(1) to (4), inclusive, of subdivision (b).

28(2) There shall be at least one fully qualified and employed staff
29person on site at all times.

30(3) (A) There shall be at least one employed staff or volunteer
31caregiver for each group ofbegin delete three children, or fraction thereof,end deletebegin insert six
32preschool age children, or fraction thereof, and one employed staff
33or volunteer caregiver for each group of four infants, or fraction
34thereof,end insert
from 7 a.m. to 7 p.m.

35(B) There shall be at least one paid caregiver or volunteer
36caregiver for each group ofbegin delete fourend deletebegin insert sixend insert children, or fraction thereof,
37from 7 p.m. to 7 a.m.

38(C) There shall be at least one employed staff person present
39for every volunteer caregiver used by the crisis nursery for the
40purpose of meeting the minimum caregiver staffing requirements.

P7    1(d) There shall be at least one staff person or volunteer caregiver
2awake at all times from 7 p.m. to 7 a.m.

begin insert

3(e) (1) When a child has a health condition that requires
4prescription medication, the licensee shall ensure that the caregiver
5does all of the following:

end insert
begin insert

6(A) Assists children with the taking of the medication as needed.

end insert
begin insert

7(B) Ensures that instructions are followed as outlined by the
8appropriate medical professional.

end insert
begin insert

9(C) Stores the medication as instructed in the original container
10with the original unaltered label in a locked and safe area that is
11not accessible to children.

end insert
begin insert

12(D) Administers the medication as directed on the label or as
13advised by the physician in writing.

end insert
begin insert

14(2) Nonprescription medications may be administered without
15approval or instructions from the child’s physician if all of the
16following conditions are met:

end insert
begin insert

17(A) Nonprescription medications are administered in accordance
18with the product label directions on the nonprescription medication
19containers.

end insert
begin insert

20(B) For each nonprescription medication, the licensee obtains,
21in writing, approval and instructions from the child’s authorized
22representative for the administration of the medication to the child.
23 This documentation shall be kept in the child’s record. The
24instructions from the child’s authorized representative shall not
25conflict with the product label directions on the nonprescription
26medication container.

end insert
begin insert

27(3) The licensee shall develop and implement a written plan to
28record the administration of the prescription and nonprescription
29medications and to inform the child’s authorized representative
30daily, for day care, and upon discharge for overnight care, when
31the medications have been given.

end insert
begin insert

32(4) When no longer needed by the child, or when the child
33withdraws from the center, all medications shall be returned to
34the child’s authorized representative or disposed of after an attempt
35to reach the authorized representative.

end insert
36

SEC. 3.  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P8    1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.



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