Amended in Assembly May 7, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 amended, 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 begin insert would prohibit a child from receiving child day care services at a crisis nursery for more than 30 calendar days in a 6 end insert begin insert -month period unless the department issues an extension, as prescribed. The bill would provide end insert 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:

SECTION 1.  

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

1516.  

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

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

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

(d) (1) Except as provided in paragraph (2), the maximum
licensed capacity for an overnight crisis nursery program shall be
14 children.

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

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

(f)  begin delete (1) end delete begin delete   end delete Notwithstanding Section 1596.80, a crisis nursery may
provide crisis day respite services for children under six years of
age at the same site as the crisis begin delete nursery.. end delete begin insert nursery. end insert

begin insert

(1) A child shall not receive child day care services at a crisis
nursery for more than 30 calendar days in a six-month period
unless the department issues an extension. The department, upon
receipt of an exemption request, shall respond within five working
days to approve or deny the request. No more than two extensions
may be granted in seven calendar day increments.

end insert

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

(g) Exceptions to group home licensing regulations pursuant to
subdivision (c) of Section 84200 of Title 22 of the California Code
of Regulations, in effect on August 1, 2004, for county-operated
or county-contracted emergency shelter care facilities that care for
children under six years of age for no more than 30 days, shall be
contained in regulations for crisis nurseries.

SEC. 2.  

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

1526.8.  

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

(1)  begin delete At all times, at least one caregiver shall have completed
training end delete begin insert All caregivers shall be certified end insert in pediatric
cardiopulmonary resuscitation (CPR) and pediatric first aid.
begin delete Completion of training end delete begin insert Certification end insert shall be demonstrated by
current and valid pediatric CPR and pediatric first aid cards issued
by the American Red Cross, the American Heart Association, or
by a training program that has been approved by the Emergency
Medical Services Authority pursuant to Section 1797.191.

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

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

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

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

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

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

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

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

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

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

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

(4) Prior to assuming the duties and responsibilities of a crisis
caregiver or being counted in the staff-to-child ratio, volunteers
shall complete at least five hours of initial training divided as
follows:

(A) Two hours of crisis nursery job shadowing.

(B) One hour of review of community care licensing regulations.

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

(5) Within 90 days, volunteers who are included in the
staff-to-child ratios shall begin insert acquire a certification in pediatric first
aid and pediatric cardiopulmonary resuscitation and end insert complete at
least eight hours of training covering child care health and safety
issues, trauma informed care, the importance of family and sibling
relationships, temperaments of children, self-regulation skills and
techniques, and program child guidance techniques.

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

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

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

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

(3) (A) There shall be at least one employed staff or volunteer
caregiver for each group of six preschool age children, or fraction
thereof, and one employed staff or volunteer caregiver for each
group of four infants, or fraction thereof, from 7 a.m. to 7 p.m.

(B) There shall be at least one paid caregiver or volunteer
caregiver for each group of six children, or fraction thereof, from
7 p.m. to 7 a.m.

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

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

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

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

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

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

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

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

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

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

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

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

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.