Amended in Senate August 4, 2014

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 begin delete 1516 and 1526.8 end delete begin insert 1502, 1516, 1526.8, and 1596.792 end insert 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 begin insert nonmedical 24-hour residential end insert 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 begin insert or stressful situation end insert 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.

begin delete

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 would prohibit a child from receiving child day care services at a crisis nursery for more than 30 calendar days in a 6-month period unless the department issues an extension, as prescribed. The bill would provide that the maximum licensed capacity for crisis day respite shall be based on 35 square feet of indoor activity space per child, as prescribed.

end delete begin insert

This bill would revise these provisions to require crisis nurseries to be licensed by the department to operate crisis residential overnight programs, as defined, and to authorize crisis nurseries to provide crisis day services, as defined. The bill would establish the maximum licensed capacity for a crisis residential overnight program at 14 children and provide that the maximum licensed capacity for crisis day services shall be based on 35 square feet of indoor activity space per child, as prescribed.

end insert

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1502 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1502.  

As used in this chapter:

(a) “Community care facility” means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children,
and includes the following:

(1) “Residential facility” means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.

(2) “Adult day program” means any community-based facility
or program that provides care to persons 18 years of age or older
in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.

(3) “Therapeutic day services facility” means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be
placed in foster care or who are returning to families from foster
care. Program standards for these facilities shall be developed by
the department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.

(4) “Foster family agency” means any organization engaged in
the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or other
places for placement of children for temporary or permanent care
who require that level of care as an alternative to a group home.
Private foster family agencies shall be organized and operated on
a nonprofit basis.

(5) “Foster family home” means any residential facility
providing 24-hour care for six or fewer foster children that is
owned, leased, or rented and is the residence of the foster parent
or parents, including their family, in whose care the foster children
have been placed. The placement may be by a public or private
child placement agency or by a court order, or by voluntary
placement by a parent, parents, or guardian. It also means a foster
family home described in Section 1505.2.

(6) “Small family home” means any residential facility, in the
licensee’s family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental
or physical disabilities and who require special care and supervision
as a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision
(a) of Section 17710 of the Welfare and Institutions Code. In
addition to placing children with special health care needs, the
department may approve placement of children without special
health care needs, up to the licensed capacity.

(7) “Social rehabilitation facility” means any residential facility
that provides social rehabilitation services for no longer than 18
months in a group setting to adults recovering from mental illness
who temporarily need assistance, guidance, or counseling. Program
components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
2 of Division 5 of the Welfare and Institutions Code.

(8) “Community treatment facility” means any residential
facility that provides mental health treatment services to children
in a group setting and that has the capacity to provide secure
containment. Program components shall be subject to program
standards developed and enforced by the State Department of
Health Care Services pursuant to Section 4094 of the Welfare and
Institutions Code.

Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.

(9) “Full-service adoption agency” means any licensed entity
engaged in the business of providing adoption services, that does
all of the following:

(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.

(B) Assesses the birth parents, prospective adoptive parents, or
child.

(C) Places children for adoption.

(D) Supervises adoptive placements.

Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title
22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider,
in compliance with Subpart F (commencing with Section 96.29)
of Part 96 of Title 22 of the Code of Federal Regulations.

(10) “Noncustodial adoption agency” means any licensed entity
engaged in the business of providing adoption services, that does
all of the following:

(A) Assesses the prospective adoptive parents.

(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.

(C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.

Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency
shall be accredited and in good standing according to Part 96 of
Title 22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider,
in compliance with Subpart F (commencing with Section 96.29)
of Part 96 of Title 22 of the Code of Federal Regulations.

(11) “Transitional shelter care facility” means any group care
facility that provides for 24-hour nonmedical care of persons in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the
individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.

(12) “Transitional housing placement provider” means an
organization licensed by the department pursuant to Section
1559.110 and Section 16522.1 of the Welfare and Institutions Code
to provide transitional housing to foster children at least 16 years
of age and not more than 18 years of age, and nonminor
dependents, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, to promote their transition to
adulthood. A transitional housing placement provider shall be
privately operated and organized on a nonprofit basis.

(13) “Group home” means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be
nonmedical, except as otherwise permitted by law.

(14) “Runaway and homeless youth shelter” means a group
home licensed by the department to operate a program pursuant
to Section 1502.35 to provide voluntary, short-term, shelter and
personal services to runaway youth or homeless youth, as defined
in paragraph (2) of subdivision (a) of Section 1502.35.

(15) “Enhanced behavioral supports home” means a facility
certified by the State Department of Developmental Services
pursuant to Article 3.6 (commencing with Section 4684.80) of
Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
and licensed by the State Department of Social Services as an adult
residential facility or a group home that provides 24-hour
nonmedical care to individuals with developmental disabilities
who require enhanced behavioral supports, staffing, and
supervision in a homelike setting. An enhanced behavioral supports
home shall have a maximum capacity of four consumers, shall
conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
Regulations, and shall be eligible for federal Medicaid home-and
community-based services funding.

(16) “Community crisis home” means a facility certified by the
State Department of Developmental Services pursuant to Article
8 (commencing with Section 4698) of Chapter 6 of Division 4.5
of the Welfare and Institutions Code, and licensed by the State
Department of Social Services pursuant to Article 9.7 (commencing
with Section 1567.80), as an adult residential facility, providing
24-hour nonmedical care to individuals with developmental
disabilities receiving regional center service, in need of crisis
intervention services, and who would otherwise be at risk of
admission to the acute crisis center at Fairview Developmental
Center, Sonoma Developmental Center, an acute general hospital,
acute psychiatric hospital, an institution for mental disease, as
described in Part 5 (commencing with Section 5900) of Division
5 of the Welfare and Institutions Code, or an out-of-state
placement. A community crisis home shall have a maximum
capacity of eight consumers, as defined in subdivision (a) of
Section 1567.80, shall conform to Section 441.530(a)(1) of Title
42 of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home- and community-based services funding.

begin insert

(17) “Crisis nursery” means a facility licensed by the
department to operate a program pursuant to Section 1516 to
provide short-term 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.

end insert

(b) “Department” or “state department” means the State
Department of Social Services.

(c) “Director” means the Director of Social Services.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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

begin delete

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.

end delete

begin insert

begin insert 1516. end insert   

end insert begin insert

(a) A crisis nursery, as defined in paragraph (17) of
subdivision (a) of Section 1502, shall be licensed by the department
to operate a crisis residential overnight program. Notwithstanding
Section 1596.80, a crisis nursery may also provide crisis day
services.

end insert

(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.

begin delete

(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.

end delete begin insert

(c) For purposes of this section, the following definitions shall
apply:

end insert begin insert

(1) “Crisis day services” means temporary, nonmedical care
and supervision for children under six years of age who are
voluntarily placed by a parent or legal guardian due to a family
crisis or stressful situation for less than 24 hours per day. A child
may not receive crisis day services at a crisis nursery for more
than 30 calendar days, or a total of 360 hours, in a six-month
period unless the department issues an exception.

end insert begin insert

(2) “Crisis residential overnight program” means short-term,
24-hour nonmedical residential care and supervision, including
overnight, for children under six years of age who are voluntarily
placed by a parent or legal guardian due to a family crisis or
stressful situation for no more than 30 days.

end insert begin insert

(3) “Voluntarily placed” 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. “Voluntarily placed” 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.

end insert begin delete

(2)

end delete

begin insert ( end insert begin insert d) end insert  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) Notwithstanding Section 1596.80, a crisis nursery may
provide crisis day begin delete respite end delete services for children under six years of
age at the same site begin delete as the crisis nursery. end delete begin insert that it is providing crisis
residential overnight services. end insert

(1) A child shall not receive begin delete child day care end delete begin insert crisis day end insert services
at a crisis nursery for more than 30 calendar days begin insert , maximum of 12
hours per day, or a total of 360 hours, end insert in a six-month period unless
the department issues an begin delete extension. The department, end delete begin insert exception to
allow a child to receive additional crisis day services in a
six-month period. end insert

begin insert (2) end insert begin insert   end insert begin insert The department, end insert upon receipt of begin delete an exemption request, end delete begin insert an
exception request pursuant to paragraph (1) and supporting
documentation as required by the department, end insert shall respond within
five working days to approve or deny the request. begin delete No more than
two extensions may be granted in seven calendar day increments. end delete

begin insert

(3) No more than two exceptions, in seven-calendar day or
84-hour increments, may be granted per child in a six-month
period.

end insert begin insert

(g) A crisis nursery license shall be issued for a specific capacity
determined by the department.

end insert begin delete

(2) 

end delete

begin insert (1) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert The maximum licensed capacity for crisis day begin delete respite end delete
begin insert services end insert 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.

begin insert

(B) There shall be at least 75 square feet per child of outdoor
activity space based on the total licensed capacity. Swimming
pools, adjacent pool decking, and natural or man-made hazards
shall not be included in the calculation of outdoor activity space.

end insert begin insert

(2) Except as provided in subdivision (d), the maximum licensed
capacity for a crisis residential overnight program shall be 14
children.

end insert begin insert

(3) A child who has been voluntarily placed in a crisis
residential overnight program shall be included in the licensed
capacity for crisis day services.

end insert begin delete

(g)

end delete

begin insert ( end insert begin insert h) end insert  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.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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) All caregivers shall be certified in pediatric cardiopulmonary
resuscitation (CPR) and pediatric first aid. Certification shall be
demonstrated by current and valid pediatric CPR and pediatric
first aid cards issued by the American Red Cross, the American
Heart Association, begin delete or end delete by a training program that has been approved
by the Emergency Medical Services Authority pursuant to Section
begin delete 1797.191. end delete begin insert 1797.191, or from an accredited college or university. end insert

(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 employment. 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.

begin insert

(4) Volunteers shall complete a minimum of 16 hours of training
as specified in paragraphs (5) and (6).

end insert begin delete

(4)

end delete

begin insert ( end insert begin insert 5) end insert  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.

begin delete

(5)

end delete

begin insert (6) end insert  Within 90 days, volunteers who are included in the
staff-to-child ratios shall begin delete acquire a end delete begin insert do both of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Acquire a end insert certification in pediatric first aid and pediatric
cardiopulmonary begin delete resuscitation and complete end delete begin insert resuscitation. end insert

begin insert (B) end insert begin insert   end insert begin insert Complete end insert at least begin delete eight end delete begin insert 11 end insert 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.

begin delete

(6)

end delete

begin insert (7) end insert  Volunteers who meet the requirements of paragraphs (1),
(2), and (3), but who have not completed the training specified in
paragraph begin delete (4) or (5) end delete begin insert (4), (5), or (6) end insert 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 requirements.

(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 begin delete (4), end delete begin insert (6), end insert 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 begin delete as instructed end delete begin insert in accordance with the
label instructions end insert 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 begin delete or as
advised end delete begin insert and prescribed end insert by the physician in writing.

begin insert

(i) The licensee shall obtain, in writing, approval and
instructions from the child’s authorized representative for
administration of the prescription medication for the child. This
documentation shall be kept in the child’s record.

end insert begin insert

(ii) The licensee shall not administer prescription medication
to a child in accordance with instructions from the child’s
authorized representative if the authorized representative’s
instructions conflict with the physician’s written instructions or
the label directions as prescribed by the child’s physician.

end insert

(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 begin delete are end delete begin insert shall be end insert administered in
accordance with the product label directions on the nonprescription
medication begin insert container or end insert containers.

(B)  begin insert (i) end insert begin insert   end insert For each nonprescription medication, the licensee
begin delete obtains, end delete begin insert shall obtain, end insert in writing, approval and instructions from
the child’s authorized representative for begin delete the end delete administration of the
begin insert nonprescription end insert medication to the child. This documentation shall
be kept in the child’s record. begin delete The end delete

begin insert (ii) end insert begin insert   end insert begin insert The licensee shall not administer nonprescription medication
to a child in accordance with end insert instructions from the child’s
authorized representative begin delete shall not end delete begin insert if the authorized representative’s
instructions end insert conflict with the product label directions on the
nonprescription medication begin delete container. end delete begin insert container or containers. end insert

(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 begin delete day care, end delete begin insert crisis day services, end insert and upon discharge for
overnight care, when the medications have been given.

(4) When no longer needed by the child, or when the child
begin delete withdraws from the center, end delete begin insert is removed or discharged from the
crisis nursery, end insert all medications shall be returned to the child’s
authorized representative or disposed of after an attempt to reach
the authorized representative.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1596.792 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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:

(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 20 hours per week.

(B) For a total of 14 weeks or less during a 12-month period.
This total applies to any 14 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 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 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) Any crisis nursery, as defined in begin delete subdivision (a) of Section
1516. end delete begin insert paragraph (17) of subdivision (a) of Section 1502. end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

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.