BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: SB 766
S
AUTHOR: Yee
B
VERSION: April 18, 2013
HEARING DATE: April 23, 2013
7
FISCAL: Yes
6
6
CONSULTANT: Sara Rogers
SUBJECT
Ancillary Child Care Facilities
SUMMARY
This bill requires ancillary day care centers to maintain
ratios of no more than 10 children to each care provider
for children ages 0 to 6, and a ratio of no more than 15
children to each care provider for children ages 7 to 17.
This bill requires ancillary day care centers to ensure the
presence of at least one care provider who is 18 years or
older, to ensure that substitute care providers are cleared
through the state's fingerprinting registry, and to ensure
that at least one care provider present in the center has
received training in pediatric CPR and first aid.
Additionally, this bill requires ancillary day care centers
to establish health and safety protocols informing staff
and parents about facility policies related to medical
emergencies.
ABSTRACT
Existing law:
1) Establishes the California Child Care Facilities
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Act regulating child day care facilities. (HSC 1596.70
et seq.)
2) Defines "day care center" to mean any child day
care facility other than a family day care home,
including infant centers, preschools, extended day
care facilities, and school-age child care centers.
(HSC 1596.76)
3) Defines "ancillary day care centers" as a day care
center associated with an athletic club, grocery
store, or other business or group of businesses for
which the day care center is ancillary to its
principal business activity and which provides day
care services, with or without a fee, for the children
of the clients or customers while the clients or
customers are engaged in shopping for, or purchasing,
goods or services from that business or group of
businesses. (HSC 1596.60)
4) Exempts from licensure under the California Child
Care Facilities Act any child day care program that
offers temporary child care services to parents and
that satisfies both of the following:
The services are only provided to parents
and guardians who are on the same premises as the
site of the child day care program.
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. (HSC
1596.792)
1) Requires ancillary day care providers to be
registered under California's "TrustLine" fingerprint
registry administered by the Department of Social
Services (DSS). (HSC 1596.656)
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2) Requires DSS to establish and continuously update
the TrustLine registry. Before approving the registry,
the department must check the individual criminal
history, as specified, and against the Child Abuse
Central Index (CACI), as specified. (HSC 1596.605)
3) Requires DSS to deny an application if the
TrustLine applicant has been convicted of a crime,
other than a minor traffic violation, unless the
director grants an exemption, as specified. (HSC
1596.607)
This bill:
1.Provides that any person who is responsible for engaging
with children cared for in an ancillary day care center
must be registered under TrustLine, as opposed to only
those persons who provide child care or child care
supervision.
2.Requires ancillary child care centers to do the
following:
Maintain a ratio of no more than 10 children to
each care provider for children ages 0 to 6, and a
ratio of no more than 15 children to each care
provider for children ages 7 to 17.
Ensure the presence of at least one care provider
who is 18 years or older.
Ensure that substitute care providers are cleared
through the state's fingerprinting registry.
Ensure that at least one care provider present in
the center has received training in pediatric CPR and
first aid.
Establish health and safety protocols informing
staff and parents about facility policies related to
medical emergencies.
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FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
According to the author, parents often assume when leaving
their child in a day care center located in a gym or
department store that staff have received basic health and
safety training such as first aid, and that facilities have
clear protocol for what to do in case a child is injured or
if there is a medical emergency.
The author states that no such requirements exist and that
a recent incident in a local gym underscored the need for
such protocol to inform staff and parents on what is
expected of the facility in medical emergencies. In the
incident, the author states that a significant cut on the
forehead incurred by a 21 month old child highlighted the
importance of parents being informed of facility policies
for notifying paramedics and illustrated the need for staff
to have basic training in first aid and CPR.
According to the author, this bill ensures that minimum
health and safety standards and protocol for medical
emergencies for staff are in place, and that parents
receive disclosure as to those standards and protocols.
Additionally, the author states that this bill will apply
some of the more basic staffing requirements that apply to
other child care facilities, which most ancillary
facilities already meet or exceed.
Ancillary Day Care Centers
Ancillary day care centers are located within an athletic
club, grocery store, or other business to provide child
care services while the clients or customers are shopping
or otherwise using the facilities on site. These
facilities are exempt from licensure under the California
Child Care Facilities Act if the parents and guardians are
on the same premises as the day care program and if the
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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.
Though ancillary facilities are not licensed by DSS,
current law does require that individuals, over the age of
18, caring for children in an ancillary day care center
must be registered under the TrustLine fingerprint registry
database. Day care providers who are under age 18 cannot
register since the databases used by TrustLine do not
process fingerprints of minors. Facilities may nonetheless
employ minors as care providers.
Common ancillary day care centers include those of gym or
recreational clubs that offer child care while parents are
present. Additionally, retailers such as IKEA and Fred
Meyer provide ancillary child care services while parents
are shopping.
Such services are not intended to be a regular, ongoing
source of child care for the parent, and are sometimes
time-limited. IKEA's child care center cares for children
for one hour only and generally accepts children aged 4 to
10.
TrustLine Registry
The TrustLine fingerprint registry database conducts
background checks on license-exempt child care providers
such as babysitters, nannies, transport escort services and
child care providers in license-exempt child care centers,
including ancillary day care centers. The registry is
maintained by DSS, which contracts certain administrative
functions to the California Child Care Resource and
Referral Network.
The registry is accessed by parents, nanny agencies,
ancillary day care centers and other employers to evaluate
the background of a prospective care provider while also
protecting his or her privacy. Prospective child care
providers register by completing an application and having
their fingerprints scanned at a Community Care Licensing
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Live Scan vendor, or at a Department of Justice (DOJ) Live
Scan site (generally a Police Department or Sheriff's
Office). Ancillary care providers are required to pay the
full cost of registration - about $170 dollars. This fee
covers the costs of background checks and processing fees.
The TrustLine system uses several databases to make
determinations including the California Department of
Justice California Criminal History System, the Child Abuse
Central Index of California, the FBI Criminal History
System, the DSS licensing database, and the Commission on
Teacher Credentialing database. The system approves
registration if the applicant has no disqualifying criminal
convictions and no substantiated reports of child abuse.
Additionally, TrustLine continuously re-checks the database
for subsequent crimes that may have occurred since their
application.
The registry reports that 280,754 individuals are
registered on TrustLine and that approximately 20% of
applicants are denied registration. Additionally, TrustLine
reports that, as of 2011, 8,035 applications have been
associated with ancillary care providers 7,618 of which
were accepted. All registrants associated with ancillary
day care centers were employees of health clubs, gyms or
yoga businesses.
Title 22 Child Care Ratios
The California Department of Social Service licenses child
care centers that are subject to licensure under Title 22,
Division 12 of the California Code of Regulations. These
regulations provide for mandatory child to staff ratios as
follows:<1>
Toddlers and preschool aged children must have one
teacher for every 12 children, or one teacher for
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<1> 5 CCR � 101216, 5 CCR � 101416.5 and 5 CCR � 101417
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every 15 children and one staff for every 12 children.
Infants must have one teacher for every four
children, or one teacher for every 12 children and one
staff for every four children.
Provides additional ratio, group size and separate
space requirements for programs servicing
preschool-age children to allow for some mixed-age
group settings.
Comments
1.Staff notes that DSS does not license ancillary child
care facilities or their staff. DSS reports that it does
not have authority to enforce requirements for
license-exempt child care providers unless it receives a
complaint that a facility is operating an unlicensed
child care facility. Thus, if an ancillary child care
facility is reported as violating one of the requirements
that designate it as license-exempt, DSS would have
authority to investigate.
The requirement that individuals providing child care
services in an ancillary child center be
TrustLine-certified are not conditions of their license
exempt status, and DSS states it does not have authority
to investigate or enforce the TrustLine requirements or
the new requirements provided under this bill. Anecdotal
reports indicate there is widespread non-compliance among
some ancillary child care centers, though large
recreational clubs are reported to be generally
compliant.
Should the Legislature determine that non-compliance and
lack of enforcement presents a substantial risk to the
safety of children, it may wish to explicitly provide
authority to DSS to investigate and enforce these
requirements. Such authority may incur costs to the
Department which may be mitigated by any fines collected.
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2.Ratio standards under Title 22 include a staff to infant
ratio. This bill would permit as many as 10 infants per
caregiver.
Staff recommends amending the bill to include a staff to
infant ratio as follows:
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 more than 4 infants under 18
months old to each care provider, maintain a ratio of
no more than 10 children to each care provider for
children ages 18 months-6 years, inclusive, and
maintain a ratio of no more than 15 children to each
care provider for children ages 7-17, inclusive.
1.The current language of the bill contains a technical
drafting error on Page 2, line 21.
Staff recommends amending the bill as follows:
1596.69. An ancillary day care center, as defined in
Section 1596.60 , shall comply with all of the following
requirements:
Prior Legislation:
AB 222 (Adams), Chapter 431, Statutes of 2010, allows
persons under 18 years of age to be employees of ancillary
day care centers without being registered for TrustLine,
and allows employees whose clearance is pending to
continue to work until the Department of Social Services
denies their TrustLine application and any right to appeal
has been exhausted or expired.
SB 702 (DeSaulnier), Chapter 199, Statutes of 2009,
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established the definition of "ancillary day care center"
and required any person providing child care services in an
ancillary day care center to obtain a TrustLine clearance.
Additionally, it required the TrustLine fee to include the
full cost of processing the applications and maintaining
the registry not to exceed the actual cost of the
processing and maintenance activities.
AB 507 (Daucher) of 2005, would have provided that
employees and volunteers at the child care centers operated
within health studios be subject to a criminal records
check. This bill failed passage in the Senate Public
Safety Committee.
AB 1558 (Daucher) of 2003, would have provided that any
person providing child care or supervising a child in a
health fitness club, as specified, must clear a criminal
background check and be a registered TrustLine child care
provider. This bill failed passage in the Senate
Appropriations Committee.
POSITIONS
Support: None received
Oppose:None received
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