BILL NUMBER: SB 766 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 18, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Yee
FEBRUARY 22, 2013
An act to amend Section 1596.656 of, and to add Division
2.3(commencing with Section 1796) to, Chapter 3.37
(commencing with Section 1596.69) to Division 2 of, the Health
and Safety Code, relating to child care care,
and making an appropriation therefor .
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. 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.
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.
This bill would , in addition, 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.
By increasing the scope of an existing crime, the bill would
impose a state-mandated local program.
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.
By increasing the funds appropriated to the department for
purposes of the trustline registry, this bill would make an
appropriation.
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 yes
. Fiscal committee: yes. State-mandated local program:
yes no .
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.
(d) This section shall become operative on January 1, 2011.
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
SEC. 2. Chapter 3.37 (commencing with Section
1596.69) is added to Division 2 of the Health and Safety
Code , to read:
CHAPTER 3.37 . ANCILLARY DAY CARE
CENTERS
1596.69. 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.
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.