Amended in Senate September 2, 2015

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 BillNo. 74


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 1597.09 and 1597.55a of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 74, as amended, Calderon. Child care facilities: regulatory visits.

Under existing law, the State Department of Social Services regulates the licensure and operation of child day care centers and family day care 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 a child day care center or family day care home is subject to an unannounced inspection by the department, and requires the department to conduct an annual unannounced inspection under specified circumstances, including when a license is on probation, and to conduct annual unannounced inspections of no less than 20%, and commencing January 1, 2017, 30% of these centers or homes that are not subject to an inspection under those specified circumstances.

This bill would revise the provisions requiring the department to conduct annual unannounced inspections of a child day care center or family day care home by instead requiring the department to conduct annual unannounced inspections of no less than 20% of those centers or homes on and after January 1, 2018, and until January 1, 2019.begin insert The bill would also require, on and after January 1, 2018, and until January 1, 2019, the department to inspect each center or home at least every 2 years.end insert 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:

P2    1

SECTION 1.  

Section 1597.09 of the Health and Safety Code,
2as added by Section 10 of Chapter 20 of the Statutes of 2015, is
3amended to read:

4

1597.09.  

(a) Each licensed child day care center shall be
5subject to unannounced inspections by the department. The
6department shall inspect these facilities as often as necessary to
7ensure the quality of care provided.

8(b) The department shall conduct an annual unannounced
9inspection of a licensed child day care center under any of the
10following circumstances:

11(1) When a license is on probation.

12(2) When the terms of agreement in a facility compliance plan
13require an annual inspection.

14(3) When an accusation against a licensee is pending.

15(4) In order to verify that a person who has been ordered out of
16a child day care center by the department is no longer at the facility.

17(c) begin delete(1)end deletebegin deleteend deleteOn and after January 1, 2017, and until January 1, 2018,
18the department shallbegin delete conductend deletebegin insert do both of the following: end insert

19begin insert(1)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insertConductend insert an annual unannounced inspection of no less
20than 30 percent of facilities not subject to an evaluation under
21subdivision (b).

begin delete

22(2) These

end delete

P3    1begin insert(end insertbegin insertB)end insertbegin insertTheend insert unannounced inspectionsbegin insert required by subparagraph
2(A)end insert
shall be conducted based on a random sampling methodology
3developed by the department.

begin insert

4(2) Inspect a licensed child day care center at least once every
5three years.

end insert

6(d) begin delete(1)end deletebegin deleteend deleteOn and after January 1, 2018, and until January 1, 2019,
7the department shallbegin delete conductend deletebegin insert do both of the following: end insert

8begin insert(1)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insertConductend insert an annual unannounced inspection of no less
9than 20 percent of facilities not subject to an evaluation under
10subdivision (b).

begin delete

11(2) These

end delete

12begin insert(B)end insertbegin insertTheend insert unannounced inspectionsbegin insert required by subparagraph
13(A)end insert
shall be conducted based on a random sampling methodology
14developed by the department.

begin insert

15(2) The department shall inspect a licensed child day care center
16at least once every two years.

end insert

 

18(e) On and after January 1, 2019, the department shall conduct
19annual unannounced inspections of all licensed child day care
20centers.

21(f) This section shall become operative on January 1, 2017.

22

SEC. 2.  

Section 1597.55a of the Health and Safety Code, as
23added by Section 12 of Chapter 20 of the Statutes of 2015, is
24 amended to read:

25

1597.55a.  

Every family day care home shall be subject to
26unannounced inspections by the department as provided in this
27section. The department shall inspect these facilities as often as
28necessary to ensure the quality of care provided.

29(a) The department shall conduct an announced site inspection
30prior to the initial licensing of the applicant.

31(b) The department shall conduct an annual unannounced
32inspection of a facility under any of the following circumstances:

33(1) When a license is on probation.

34(2) When the terms of agreement in a facility compliance plan
35require an annual inspection.

36(3) When an accusation against a licensee is pending.

37(4) In order to verify that a person who has been ordered out of
38a family day care home by the department is no longer at the
39facility.

P4    1(c) begin delete(1)end deletebegin deleteend deleteOn and after January 1, 2017, and until January 1, 2018,
2the department shallbegin delete conductend deletebegin insert do both of the following: end insert

3begin insert(1)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insertConductend insert annual unannounced inspections of no less
4than 30 percent of facilities not subject to an inspection under
5subdivision (b).

begin delete

6(2)

end delete

7begin insert(B)end insert These unannounced inspections shall be conducted based
8on a random sampling methodology developed by the department.

begin insert

9(2) The department shall inspect a licensed family day care
10home at least once every three years.

end insert

11(d) begin delete(1)end deletebegin deleteend deleteOn and after January 1, 2018, and until January 1, 2019,
12the department shallbegin delete conductend deletebegin insert do both of the following: end insert

13begin insert(1)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insertConductend insert annual unannounced inspections of no less
14than 20 percent of facilities not subject to an inspection under
15subdivision (b).

begin delete

16(2)

end delete

17begin insert(end insertbegin insertB)end insert These unannounced inspections shall be conducted based
18on a random sampling methodology developed by the department.

begin insert

19(2) Inspect a family day care home at least once every two years.

end insert

20(e) On and after January 1, 2019, the department shall conduct
21annual unannounced inspections of all family day care homes.

22(f) A public agency under contract with the department may
23make spot checks if it does not result in any cost to the state.
24However, spot checks shall not be required by the department.

25(g) The department or licensing agency shall make an
26unannounced site inspection on the basis of a complaint and a
27followup inspection as provided in Section 1596.853.

28(h) An unannounced site inspection shall adhere to both of the
29following conditions:

30(1) The inspection shall take place only during the facility’s
31normal business hours or at any time family day care services are
32being provided.

33(2) The inspection of the facility shall be limited to those parts
34of the facility in which family day care services are provided or
35to which the children have access.

36(i) The department shall implement this section during periods
37that Section 1597.55b is not being implemented in accordance
38with Section 18285.5 of the Welfare and Institutions Code.

P5    1(j) This section shall become operative on January 1, 2017.



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