Amended in Senate April 18, 2013

Amended in Senate April 1, 2013

Senate Bill No. 766

Introduced by Senator Yee

February 22, 2013

An act to amend Section 1596.656 of, and to add begin delete Division 2.3(commencing with Section 1796) to, end delete begin insert Chapter 3.37 (commencing with Section 1596.69) to Division 2 of, end insert the Health and Safety Code, relating to child begin delete care end delete begin insert care, and making an appropriation therefor end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 766, as amended, Yee. Ancillary day care centers.

Existing law requires a person 18 years of age or older who provides child care or child care supervision in an ancillary day care center, as defined, to be registered as a trustline provider, as specified. begin delete A person is prohibited from being a trustline provider if he or she is not eligible to obtain a child care license. Existing law generally requires a trustline provider to submit to a criminal history check. A person who is a current licensee or employee in a facility licensed by the State Department of Social Services may, in lieu of a criminal history check, transfer his or her criminal record clearance and instead submit a declaration to the department. Submitting a willful false declaration is a misdemeanor. end delete begin insert end insert begin insert Existing law requires the State Department of Social Services to charge a fee to each trustline applicant who provides care in an ancillary day care center that is equal to the total amount required by the department to process applications and maintain the trustline registry for these providers. Under existing law, moneys collected by the department to implement the trustline provisions are continuously appropriated to the department without regard to fiscal year for expenditure to implement the trustline provisions. end insert

This bill would begin insert , in addition, end insert require a person who is otherwise responsible for engaging with children cared for in an ancillary day care center to be registered as a trustline provider. begin delete By increasing the scope of an existing crime, the bill would impose a state-mandated local program. end delete

The bill would require an ancillary day care center to comply with certain requirements, including the requirements to maintain specified care provider-child ratios and ensure the presence, at all times, of at least one care provider who is 18 years of age or older.

begin insert

By increasing the funds appropriated to the department for purposes of the trustline registry, this bill would make an appropriation.

end insert begin delete

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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 1596.656 of the Health and Safety Code
is amended to read:

1596.656.  

(a) A person 18 years of age or older, who provides
child care or child care supervision, or is otherwise responsible
for engaging with children cared for in an ancillary day care center,
as defined in Section 1596.60, shall be registered pursuant to
Sections 1596.603 and 1596.605. Nothing in this chapter shall be
construed to prevent a person under 18 years of age from being
employed in an ancillary day care center.

(b) Notwithstanding any provision of law to the contrary, if a
person 18 years of age or older is denied trustline registration by
the department pursuant to Section 1596.605 or 1596.607, or if
the department revokes a person’s trustline registration pursuant
to Section 1596.608, that person shall be ineligible for employment
in a position providing child care or child care supervision in an
ancillary day care center.

(c) If an existing employee providing child care or child care
supervision in an ancillary day care center, or a prospective
employee seeking employment in a position that provides child
care or child care supervision in an ancillary day care center,
submits an application to the department to become a registered
trustline child care provider, that existing or prospective employee
shall be deemed to be in compliance with the requirements of this
section and permitted to work in a position providing child care
or child care supervision pending the department’s review of his
or her trustline application. The existing or prospective employee
shall become ineligible for employment providing child care or
child care supervision in an ancillary day care center if the
department denies his or her trustline application and any right to
appeal the department’s denial has been exhausted or has expired.

begin delete

(d) This section shall become operative on January 1, 2011.

end delete

begin delete

SEC. 2.  

Division 2.3 (commencing with Section 1796) is added
to the Health and Safety Code, to read:

 

Division 2.3.  Ancillary Day Care Centers

 

1796.  

An ancillary day care center, as defined in Section

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 3.37 (commencing with Section 1596.69) is
added to Division 2 of the end insert begin insert Health and Safety Code end insert begin insert , to read: end insert

 

begin insert

Chapter   begin insert 3.37 end insert begin insert . end insert begin insert Ancillary Day Care Centers end insert

end insert

 

begin insert

begin insert 1596.69. end insert   

end insert

1596.60, shall comply with all of the following
requirements:

(a) Maintain a ratio of no more than 10 children to each care
provider for children ages 0 to 6 years, inclusive, and maintain a
ratio of no more than 15 children to each care provider for children
ages 7 to 17, inclusive.

(b) Ensure the presence, at all times, of at least one care provider
who is 18 years of age or older.

(c) Ensure that any substitute care providers, or staff responsible
to engage with children that are present in the ancillary day care
center are registered pursuant to Sections 1596.603 and 1596.605.

(d) Ensure that at least one care provider present in the center
has received health and safety training, including training in
pediatric first aid and current training in pediatric cardiopulmonary
resuscitation.

(e) Establish health and safety protocols and inform staff and
parents of the established protocols, which may include, but are
not limited to, notifying parents of incidents at the center and use
of emergency medical services.

begin delete

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.

end delete