BILL NUMBER: AB 74 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JUNE 25, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Calderon
( Coauthors: Assembly Members
Brown, Chávez, Cristina Garcia,
and Thurmond )
( Coauthor: Senator Block
)
JANUARY 5, 2015
An act to amend Sections 1534, 1569.33, 1597.09,
1597.09 and 1597.55a of the Health and Safety
Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 74, as amended, Calderon. Care Child
care facilities: regulatory visits.
Under existing law, the State Department of Social Services
regulates the licensure and operation of community care
facilities, residential care facilities for the elderly,
child day care centers, centers and
family day care homes. 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.
Existing law provides that these facilities, except for
foster family homes, are a child day care center or
family day care home is subject to an unannounced
visits inspection by the
department at least once every 5 years. Existing law
department, and requires the department to conduct an annual
unannounced visit inspection under
specified circumstances, including when a license is on probation,
and to conduct annual unannounced visits to
inspections of no less than 20% 20%,
and commencing January 1, 2017, 30% of the facilities,
other than foster family homes, these centers or
homes that are not subject to an inspection under those
specified circumstances.
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
This bill would revise the provisions requiring the
department to conduct annual unannounced visits to no less
than 20% of the facilities inspections of a ch
ild day care center or family day care home by instead
requiring the department to conduct annual unannounced
visits to inspections of no less than
30% of facilities on or before July 1, 2016, and no less than 40%
20% of those facilities on or before
July 1, 2017. The bill would also delete the
provisions requiring an unannounced visit at least once every 5
years. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1597.09 of the
Health and Safety Code , as added by Section 10 of Chapter
20 of the Statutes of 2015, is amended to read:
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) The On and after January 1, 2017,
and until January 1, 2018, the 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.
(d) The department shall inspect a licensed child day care center
at least once every three years.
(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).
(2) These unannounced inspections shall be conducted based on a
random sampling methodology developed by the department.
(e) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all licensed child day care
centers.
(e)
(f) This section shall become operative on January 1,
2017.
SEC. 2. Section 1597.55a of the
Health and Safety Code , as added by Section 12 of
Chapter 20 of the Statutes of 2015, is amended to read:
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) The On and after January 1, 2017,
and until January 1, 2018, the 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.
(d) The department shall inspect a licensed family day care home
at least once every three years.
(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).
(2) These unannounced inspections shall be conducted based on a
random sampling methodology developed by the department.
(e) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all family day care homes.
(e)
(f) 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.
(f)
( g) 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.
(g)
( h) 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.
(h)
(i) 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.
(i)
( j) 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)