Amended in Senate August 31, 2015

Amended in Senate June 25, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 74

Introduced by Assembly Member Calderon

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(Coauthors: Assembly Members Brown, Chávez, Cristina Garcia, and Thurmond)

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(Coauthor: Senator Block)

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January 5, 2015

An act to amend Sections begin delete 1534, 1569.33, 1597.09, end delete begin insert 1597.09 end insert and 1597.55a of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 74, as amended, Calderon. begin delete Care end delete begin insert Child care end insert facilities: regulatory visits.

Under existing law, the State Department of Social Services regulates the licensure and operation of begin delete community care facilities, residential care facilities for the elderly, end delete child day care begin delete centers, end delete begin insert centers end insert and family day care begin delete homes. end delete begin insert homes, and is required to inspect these centers or homes at least once every 5 years and, beginning January 1, 2017, at least once every 3 years. end insert Existing law provides that begin delete these facilities, except for foster family homes, are end delete begin insert a child day care center or family day care home is end insert subject to begin insert an end insert unannounced begin delete visits end delete begin insert inspection end insert by the begin delete department at least once every 5 years. Existing law end delete begin insert department, and end insert requires the department to conduct an annual unannounced begin delete visit end delete begin insert inspection end insert under specified circumstances, including when a license is on probation, and to conduct annual unannounced begin delete visits to end delete begin insert inspections of end insert no less than begin delete 20% end delete begin insert 20%, and commencing January 1, 2017, 30% end insert of begin delete the facilities, other than foster family homes, end delete begin insert these centers or homes end insert that are not subject to an inspection under those specified circumstances.

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This bill would instead make every facility of the types described above, except for foster family homes, subject to an annual unannounced visit by the department on and after July 1, 2018. The

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begin insert This end insert bill would revise the provisions requiring the department to conduct annual unannounced begin delete visits to no less than 20% of the facilities end delete begin insert inspections of a child day care center or family day care home end insert by instead requiring the department to conduct annual unannounced begin delete visits to end delete begin insert inspections of end insert no less than begin delete 30% of facilities on or before July 1, 2016, and no less than 40% end delete begin insert 20% end insert of those begin delete facilities on or before July 1, 2017. end delete begin delete The bill would also delete the provisions requiring an unannounced visit at least once every 5 years. end delete begin insert centers or homes on and after January 1, 2018, and until January 1, 2019. Beginning January 1, 2019, the bill would require the department to conduct an annual unannounced inspection of each child day care center or family day care home. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 1597.09 of the end insert begin insert Health and Safety Code end insert begin insert ,
as added by Section 10 of Chapter 20 of the Statutes of 2015, is
amended to read: end insert

1597.09.  

(a) Each licensed child day care center shall be
subject to unannounced inspections by the department. The
department shall inspect these facilities as often as necessary to
ensure the quality of care provided.

(b) The department shall conduct an annual unannounced
inspection of a licensed child day care center under any of the
following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) In order to verify that a person who has been ordered out of
a child day care center by the department is no longer at the facility.

(c) (1)  begin delete The end delete begin insert On and after January 1, 2017, and until January
1, 2018, the end insert department shall conduct an annual unannounced
inspection of no less than 30 percent of facilities not subject to an
evaluation under subdivision (b).

(2) These unannounced inspections shall be conducted based
on a random sampling methodology developed by the department.

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(d) The department shall inspect a licensed child day care center
at least once every three years.

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(d) (1) On and after January 1, 2018, and until January 1,
2019, the department shall conduct an annual unannounced
inspection of no less than 20 percent of facilities not subject to an
evaluation under subdivision (b).

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(2) These unannounced inspections shall be conducted based
on a random sampling methodology developed by the department.

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(e) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all licensed child day care
centers.

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(e)

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begin insert (f) end insert  This section shall become operative on January 1, 2017.

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begin insert SEC. end insert begin insert 2. end insert   

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begin insert Section 1597.55a of the end insert begin insert Health and Safety Code end insert begin insert , as
added by Section 12 of Chapter 20 of the Statutes of 2015, is
amended to read: end insert

1597.55a.  

Every family day care home shall be subject to
unannounced inspections by the department as provided in this
section. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.

(a) The department shall conduct an announced site inspection
prior to the initial licensing of the applicant.

(b) The department shall conduct an annual unannounced
inspection of a facility under any of the following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) In order to verify that a person who has been ordered out of
a family day care home by the department is no longer at the
facility.

(c) (1)  begin delete The end delete begin insert On and after January 1, 2017, and until January
1, 2018, the end insert department shall conduct annual unannounced
inspections of no less than 30 percent of facilities not subject to
an inspection under subdivision (b).

(2) These unannounced inspections shall be conducted based
on a random sampling methodology developed by the department.

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(d) The department shall inspect a licensed family day care
home at least once every three years.

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(d) (1) On and after January 1, 2018, and until January 1,
2019, the department shall conduct annual unannounced
inspections of no less than 20 percent of facilities not subject to
an inspection under subdivision (b).

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(2) These unannounced inspections shall be conducted based
on a random sampling methodology developed by the department.

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(e) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all family day care homes.

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(e)

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begin insert (f) end insert  A public agency under contract with the department may
make spot checks if it does not result in any cost to the state.
However, spot checks shall not be required by the department.

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(f)

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begin insert ( end insert begin insert g) end insert  The department or licensing agency shall make an
unannounced site inspection on the basis of a complaint and a
followup inspection as provided in Section 1596.853.

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(g)

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begin insert ( end insert begin insert h) end insert  An unannounced site inspection shall adhere to both of the
following conditions:

(1) The inspection shall take place only during the facility’s
normal business hours or at any time family day care services are
being provided.

(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or
to which the children have access.

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(h)

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begin insert (i) end insert  The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance
with Section 18285.5 of the Welfare and Institutions Code.

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(i)

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begin insert ( end insert begin insert j) end insert  This section shall become operative on January 1, 2017.

All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 25, 2015. (JR11)