Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 762


Introduced by Assembly Member Mullin

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(Coauthor: Assembly Member Chávez)

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(Coauthor: Senator Hertzberg)

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February 25, 2015


An act to add Section 1596.951 to, and to amend and repeal Sections 1596.955 and 1596.956 of, the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 762, as amended, Mullin. Day care centers: integrated licensing.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures tobegin delete permitend deletebegin insert authorizeend insert licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions.

This bill would require the department to adopt regulations, on or before January 1, 2018, to develop and implementbegin delete anend deletebegin insert a singleend insert integrated license for a day care center serving children from birth to kindergarten. The bill would requirebegin delete an applicant for the integrated license to meet specified basic requirements in addition to the current safety and care standards, including, specified staff-child ratios and requirements pertaining to indoor and outdoor activity space.end deletebegin insert the regulations to include ageend insertbegin insert-appropriate transition times, as specified, and a requirement that an integrated license list the age groups of children being served at the day care center. The bill would require, between January 1, 2018, and December 31, 2018, an existing day care center license to be converted to a single integrated child care license upon annual renewal of the license, and would require that until a day care center has the new integrated license, standards for inspection of a day care center to be based on the current license.end insert The bill would alsobegin insert require a day care center with a toddler component to extend the toddler component to serve children 18 months to 3 years, inclusive, years of age and wouldend insert repeal the provisions relating to a toddler program component on January 1, 2018. By changing the definition of an existing crime, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) In thebegin delete 1970’s,end deletebegin insert 1970s,end insert California led the nation in the creation
4of its licensing system for community care facilities, and pioneered
5recognition of the special needs of infants and toddlers with a
6license distinct from preschool-age care.

7(b) While the standard of care in California statute remains
8appropriate, the bifurcation of early care licensing in California
9into two separate licenses is unnecessary and problematic.

10(c) Many states now mandate the standard required in California,
11but without dual-licensing. California is one of only two states in
12the country that employ a separate infant-toddler license. Other
13states employ a single license for early childhood centers,
P3    1mandating developmentally appropriate standards based on the
2age of the children served.

3(d) Even in California, family day care homes are not subject
4to the dual license requirement. Only private fee, state and federally
5funded child day care facilities are subject to the dual license
6requirement.

7(e) It is the intent of the Legislature that all of the following are
8required under a new integrated licensing structure:

9(1) Children shall be grouped together by their appropriate
10developmental levels and appropriate staff-child ratio and group
11size regulations shall be followed.

12(2) Children shall transition frombegin delete age appropriateend delete
13begin insert age-appropriateend insert classrooms or program spaces when their
14developmental level is appropriate for such a move.

15(3) A child’s chronological age and the entire group’s need shall
16also be considering factors for such moves.

17(4) All children shall be supervised appropriately by teachers
18andbegin delete aidsend deletebegin insert aidesend insert with appropriate staff qualifications. Toddlers may
19be grouped with either infants or preschoolers as long as the
20requirements applicable to the youngest age group in the group
21are followed.

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22(5) Emphasis shall be placed on improving the quality of early
23care and education for children from birth to kindergarten in
24center-based programs.

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25(6) Promotion of long-term efficiency within the Community
26Care Licensing Division of the State Department of Social Services
27through the elimination of duplicate paperwork and compliance
28visits to day care centers.

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29(7) Inspection of a day care center based on a single integrated
30license rather than on separate visits based on each license to
31increase efficiency and to allow a department analyst to more
32holistically evaluate a day care center which will lead to stronger
33health and safety practices. Those efficiencies will reduce cost
34pressure on the department and allow more providers to operate
35in California, and thus open more spaces for children and parents
36waiting for care.

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37

SEC. 2.  

Section 1596.951 is added to the Health and Safety
38Code
, to read:

39

1596.951.  

(a) The following definitions shall apply to this
40section:

P4    1(1) “Young infant” means a child 0 to 9 months of age

2(2) “Mobile infant” means a child 8 to 18 months of age.

3(3) “Toddler” means a child 16 to 36 months of age.

4(4) “Preschooler” means a child 3 years of age to kindergarten
5age.

6(5) “Mixed-age groups” means a group including toddlers and
7infants or toddlers and preschoolers in which the requirements for
8the youngest age group apply.

9(6) “Transition from classroom or program space” means group
10placement that is determined by a child's developmental readiness
11within three months before or after the child's birth date, except
12for a child with developmental delays, and the need of the entire
13group of children.

14(7) “Combination center” means a combination of child care
15center and schoolage child care center or child care center for
16mildly ill children that is owned and operated by one licensee at
17a common address.

18(b) The department shall adopt regulations, on or before January
191, 2018, to develop and implement an integrated license for a day
20care center serving children from birth to kindergarten. In addition
21to the current safety and care standards, an applicant for the
22integrated license shall meet all of the following basic
23requirements:

35 24(1)


25Group placement shall be determined by a child's developmental
26 readiness within three months before or after the child's birth date,
27except for a child with developmental delays, and the needs of the
28entire group of children.

29(2) The day care center shall observe the following staffing
30ratios at the center:

31(A) The following ratio requirements shall apply to young
32infants and mobile infants:

33(i) There shall be a ratio of one teacher for every four infants
34in attendance.

35(ii) An aide may be substituted for a teacher if both of the
36following conditions are met:

37(I) There is a fully qualified teacher directly supervising no
38 more than 12 infants.

39(II) The aide is responsible for the direct care and supervision
40of a group of no more than four infants.

P5    1(iii) If children are engaged in activities away from the center,
2there shall be a minimum of one teacher for every two infants in
3attendance. This ratio may include authorized representatives of
4infants in care and adult volunteers to supplement the staff-infant
5ratio.

6(iv) The director and the assistant director may be counted in
7the staff-infant ratio if he or she is actually working with infants.

8(v) There shall be one teacher to visually observe every 12
9sleeping infants if the remaining staff necessary to meet the ratios
10specified in this section are immediately available at the center.

11(vi) An aide who is 18 years of age or older, and who meets the
12requirements in clause (ii), may visually observe 12 sleeping infants
13in place of a teacher.

14(vii) A center shall provide for the overlap of staff for different
15shifts so that continuity of care is assured.

16(B) The following requirements shall apply to toddlers:

17(i) There shall be a ratio of one teacher for every six children
18in attendance.

19(ii) An aide who is participating in on-the-job training may be
20substituted for a teacher if the aide is directly supervised by a
21teacher.

22(iii) The maximum group size with two teachers, or one teacher
23and one aide, shall not exceed 12 toddlers.

24(iv) There shall be one teacher to visually observe every 12
25sleeping toddlers if the remaining staff necessary to meet the ratios
26and group size requirements in this section are immediately
27available at the center.

28(v) An aide who is 18 years of age or older, and who meets the
29requirements in clause (ii), may visually observe 12 sleeping
30toddlers in place of a teacher.

31(vi) A center shall provide for overlap of staff for different shifts
32so that continuity of care is assured.

33(C) The following requirements shall apply to preschoolers:

34(i) There shall be a ratio of one teacher for every 12 children in
35attendance.

36(ii) The number of children in attendance shall not exceed
37licensed capacity.

38(iii) If children are engaged in activities outside of the center,
39there shall be one teacher for every 12 children. However, because
40activities outside of the center pose additional hazards to children,
P6    1the center shall make an effort to have a ratio of one adult for every
26 children through the use of adult volunteers.

3(iv) The center may use aides in a teacher-child ratio of one
4teacher and one aide for 15 preschoolers in attendance.

5(v) A teacher-child ratio of one teacher supervising 24 napping
6children is permitted if the remaining teachers necessary to meet
7the overall ratio and group size requirements are immediately
8available at the center.

9(vi) A teacher aide who is 18 years of age or older, and who
10meets the requirements listed above may supervise 24 napping
11children in place of a teacher. There shall be provision for overlap
12of staff for different shifts so that continuity of care is assured.

13(D) The following requirements shall apply to mixed age groups:

14(i) If groups of children of two age categories are commingled
15and the younger age group exceeds 50 percent of the total number
16of children present, the ratios for the entire group must meet the
17ratios required for the younger age group.

18(ii) If the younger age group does not exceed 50 percent of the
19total number of the children present, the teacher-child and
20adult-child ratios shall be computed separately for each group.

21(3)  The day care center shall observe the following staffing
22ratios at the center during water activities:

23(A) The requirements for young infants and mobile infants are
24as follows:

25(i) A ratio of one adult to two infants shall be maintained during
26activities in or near any body of water.

27(ii) A ratio of one staff member to every four infants shall be
28maintained during activities in or near any container of water that
29a child can get into and get out of unassisted. This shall include,
30but not be limited to, wading pools, basins, or water trays.

31(iii) The ratio may include authorized representatives of infants
32in care and adult volunteers to supplement the staff-infant ratio.

33(B) The requirements for toddlers are as follows:

34(i) A ratio of one adult to two toddlers shall be maintained during
35activities in or near any body of water.

36(ii) A ratio of one staff member to every four toddlers shall be
37maintained during activities in or near any container of water that
38a child can get into and get out of unassisted. This shall include,
39but not be limited to, wading pools, basins, or water trays.

P7    1(iii) This ratio may include authorized representatives of toddlers
2in care and adult volunteers to supplement the staff-toddler ratio.

3(C) The requirements for preschoolers are as follows:

4(i) There shall be at least one adult, who has a valid water-safety
5certificate on file at the center, present.

6(ii) During water activities in or near any of the following bodies
7of water, a ratio of not less than one adult, including teachers, to
8every six children, or fraction thereof, shall be maintained during
9water activities in or near any of the following bodies of water:

10(I) Swimming pool.

11(II) Any portable pool with sides so high that children using the
12pool cannot step out unassisted by a person or device, including,
13but not limited to, a ladder.

14(III) Potentially dangerous natural bodies of water including,
15but not limited to, oceans, lakes, rivers, and streams.

16(iii) Lifeguards or personnel supervising anyone other than
17center children at the water activity site shall not be included in
18 this ratio.

19(D) The requirements for mixed, age groups are as follows:

20(i) If groups of children of two age categories are commingled
21and the younger age group exceeds 50 percent of the total number
22of children present, the ratios for the entire group shall meet the
23ratios and requirements for the younger age group.

24(ii) If the younger age group does not exceed 50 percent 50 of
25the total number of the children present, the teacher-child and
26adult-child ratios shall be computed separately for each group.

27(4) The day care center shall maintain the staff-child ratio for
28all age groups specified in paragraph (2) while transporting children
29in motor vehicles. The ratio shall be maintained whether the vehicle
30is moving or parked. Children in motor vehicles shall have constant
31adult supervision and shall not be left unattended under any
32circumstances.

33(5) The outdoor activity space at the day care center shall meet
34all of the following requirements:

35(A) Except as provided in subparagraph (D), the outdoor activity
36space for one age group shall be physically separate from space
37used by the other age groups.

38(B) The outdoor activity space shall be equipped with a variety
39of age-appropriate toys and equipment.

P8    1(C) For infants, placement of playpens shall not create hazards
2to other infants or adults in the play area.

3(D) (i) If groups of children of two age categories are
4commingled and the younger age group exceeds 50 percent of the
5total number of children present, the age-appropriate toys and
6equipment shall meet the requirements for the younger age group.

7(6) The indoor activity space at the day care center shall meet
8all of the following requirements:

9(A) The requirements for young infants and mobile infants are
10as follows:

11(i) Indoor activity space for infants shall be physically separate
12from space used by toddlers and preschoolers.

13(ii) The center may use moveable walls or partitions to separate
14the age groups in the same room if each group has the total amount
15of square footage for indoor activity space required by this chapter.

16(iii) Moveable walls or partitions, if used, shall be at least four
17 feet high, constructed of sound-absorbing material, and designed
18to minimize the risk of injury to infants.

19(iv) The calculation of indoor activity space for infants shall
20not include space designated and used for cribs.

21(v) The sleeping area for infants shall be physically separate
22from the indoor activity space. This separation shall be
23accomplished as specified in clause (iii).

24(vi) The various child care center components in a combination
25center may share office space, food preparation space, storage
26space and any other general-purpose space.

27(vii) The indoor activity space shall be equipped with a variety
28of age-appropriate washable toys and equipment.

29(B) The toddler and preschool programs shall be conducted in
30areas physically separate from those used by older or younger
31children, except when a planned activity is being conducted
32between two or more age groups. A plan to alternate use of outdoor
33play space is allowed.

34(C) If groups of children of two age categories are commingled
35and the younger age group exceeds 50 percent of the total number
36of children present, the indoor activity space requirements for the
37entire group shall meet the indoor activity space requirements
38required for the younger age group.

end delete
39begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1596.951 is added to the end insertbegin insertHealth and Safety
40Code
end insert
begin insert, to read:end insert

begin insert
P9    1

begin insert1596.951.end insert  

(a) The department shall, in consultation with
2stakeholders, adopt regulations on or before January 1, 2018, to
3develop and implement a single integrated license for a day care
4center serving children from birth to kindergarten. Regulations
5adopted pursuant to this section shall include both of the following:

6(1) Age-appropriate transition periods that do all of the
7following:

8(A) Allow children to transition from one age group to another
9age group up to three months before or three months after their
10birthday.

11(B) Take the needs of the whole age group into consideration
12in order to move children together.

13(C) Consider continuity of care of the children and parents
14being served.

15(D) Consider the needs of the day care center licensees to
16maximize spaces being used.

17(2) A requirement that an integrated license being issued to a
18new or current day care center licensee list the age groups of
19children being served at the day care center for the purposes of
20license inspections, data collection management, and county needs
21assessments.

22(b) (1) Between January 1, 2018, and December 31, 2018, a
23day care center license shall be converted to a single integrated
24child care license upon annual renewal of the license. The licensee
25shall not be required to pay an additional fee to replace an existing
26license with the new single integrated license other than the annual
27licensing fee. A new applicant for a single integrated license may
28be charged a fee commensurate with the previous cost for dual
29licenses.

30(2) Until an existing day care center license has been replaced
31with an integrated license, a day care center licensee shall
32maintain a day care center that meets regulatory standards for
33the age groups of children that are being cared for at the day care
34center, and standards for inspection of a day care center shall be
35based on the current license.

36(c) Stakeholders consulted in adopting regulations pursuant to
37this section shall include, but are not limited to, the State
38Department of Education, California Association for the Education
39of Young Children, Early Edge California, First 5 California,
40Children Now, Alliance for Early Success, California Head Start
P10   1Association, California Child Development Administrators
2 Association, California Child Care Resource and Referral Network,
3California Child Care Coordinators Association, Infant
4Development Association, the Western Office of Zero to Three,
5L.A. Alliance, Title 5 funded providers, and private providers.

end insert
6

SEC. 3.  

Section 1596.955 of the Health and Safety Code is
7amended to read:

8

1596.955.  

(a) The department shall develop guidelines and
9procedures to permit licensed child day care centers serving
10preschool age children to create a special program component for
11children betweenbegin delete the ages of 18 monthsend deletebegin insert 18end insert and 30 monthsbegin insert of ageend insert.
12This optional toddler program shall be subject to the following
13basic conditions:

14(1) An amended application is submitted to and approved by
15the department.

16(2) No child shall be placed in the preschool program before
17the age of 30 months without parental permission. A child who is
18more than 30 months of age may participate in the toddler program
19with parental permission.

20(3) Parents give permission for the placement of their children
21in the toddler program.

22(4) A ratio of six children to each teacher is maintained for all
23children in attendance at the toddler program. An aide who is
24participating in on-the-job training may be substituted for a teacher
25when directly supervised by a fully qualified teacher.

26(5) The maximum group size, with two teachers, or one fully
27qualified teacher and one aide, does not exceed 12 toddlers.

28(6) The toddler program is conducted in areas separate from
29those used by older or younger children. Plans to alternate use of
30outdoor play space may be approved to achieve separation.

31(7) All other preschool regulations are complied with.

32(b) The toddler program shall be considered an extension of the
33preschool license, without the need for a separate license.

34(c) The department shall immediately prepare proposed
35regulations for public hearing which would consider the foregoing
36basic conditions as well as any additional health and safety
37safeguards deemed necessary for this age group.

38(d) The guidelines in subdivision (a) shall remain in force and
39effect only until regulations implementing this section are adopted
40by the department.

begin insert

P11   1(e) Commencing January 1, 2016, a day care center with a
2toddler component pursuant to this section shall extend the toddler
3component to serve children between 18 months to three years of
4age of age. It is the intent of the Legislature to provide continuity
5of care to California’s children and parents in the implementation
6of this subdivision.

end insert
begin delete

4 7(e) 

end delete

8begin insert(f)end insertbegin insertend insert This section shall remain in effect only until January 1, 2018,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2018, deletes or extends that date.

11

SEC. 4.  

Section 1596.956 of the Health and Safety Code is
12amended to read:

13

1596.956.  

(a)  The department shall develop guidelines and
14procedures to authorize licensed child day care centers serving
15infants to create a special program component for children between
16begin delete the ages of 18 monthsend deletebegin insert 18end insert and 30 monthsbegin insert of ageend insert. The optional
17toddler program shall be subject to the following basicbegin delete conditions.end delete
18begin insert conditions:end insert

19(1) An amended application shall be submitted to and approved
20by the department.

21(2) begin deleteNo end deletebegin insertA end insertchildbegin delete under the age ofend deletebegin insert younger thanend insert 18 monthsbegin insert notend insert
22 shall be moved into the toddler program. A child who isbegin delete moreend delete
23begin insert olderend insert than 18 months of age shall not be required to be in the
24toddler program.

25(3) Parents shall give permission for the placement of their
26children in the toddler program.

27(4) A ratio of six children to each teacher shall be maintained
28for all children in attendance at the toddler program. An aide who
29is participating inbegin delete on-the-job-trainingend deletebegin insert on-the-job trainingend insert may be
30substituted for a teacher when directly supervised by a fully
31qualified teacher.

32(5) The maximum group size, with two teachers, or one fully
33qualified teacher and one aide, shall not exceed 12 toddlers.

34(6) The toddler program shall be conducted in areas separate
35from those used by older or younger children. Plans to alternate
36use of outdoor play space may be approved to achieve separation.

37(7) All other infant center regulations shall be complied with.

38(b) The toddler program shall be considered an extension of the
39infant center license, without the need for a separate license.

P12   1(c) The department shall immediately prepare proposed
2regulations for public hearing that would consider the foregoing
3basic conditions as well as any additional health and safety
4safeguards deemed necessary for this age group.

5(d) The guidelines in subdivision (a) shall remain in force and
6effect only until regulations implementing this section are adopted
7by the department.

begin insert

8(e) Commencing January 1, 2016, a day care center with a
9toddler component pursuant to this section shall extend the toddler
10component to serve children between 18 months to three years of
11age. It is the intent of the Legislature to provide continuity of care
12to California’s children and parents in the implementation of this
13subdivision.

end insert
begin delete

P10 1 14(e) 

end delete

15begin insert(f)end insertbegin insertend insertThis section shall remain in effect only until January 1, 2018,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2018, deletes or extends that date.

18

SEC. 5.  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.



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