BILL NUMBER: SB 766	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2013
	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 Chapter 3.37
(commencing with Section 1596.69) to Division 2 of, the Health and
Safety Code, relating to child 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. 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.
   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.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: 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.
  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.   An ancillary day care center, as defined in Section
 1596.60, shall comply with all of the following requirements:
   (a) Maintain  a ratio of no   the following
ratios:  
   (1) No more than four infants to each care provider for children 0
to 17 months of age, inclusive. 
    (2)     No  more than 10 children to
each care provider for children  ages 0   18
months  to 6 years  of age  , inclusive, and
maintain a ratio of no   inclusive. 
    (3)     No  more than 15 children to
each care provider for children  ages  7 to 17 
years of age  , 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.