Amended in Assembly June 1, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 762

Introduced by Assembly Member Mullin

(Coauthor: Assembly Member Chávez)

(Coauthor: Senator Hertzberg)

February 25, 2015

An act to begin delete add Section 1596.951 to, and to end delete amend begin delete and repeal Sections 1596.955 and end delete begin insert Section end insert 1596.956 begin delete of, end delete begin insert of end insert 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 to authorize 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 begin delete require the department to adopt regulations, on or before January 1, 2018, to develop and implement a single integrated license for a day care center serving children from birth to kindergarten. The bill would require the regulations to include age-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. The bill would also end delete require a day care center with a toddler component to extend the toddler component to serve children 18 months to 3 years, inclusive, begin delete years of age and would repeal the provisions relating to a toddler program component on January 1, 2018. end delete begin insert of age, and would make conforming changes relating to the guidelines and procedures the department is required to develop. end insert 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:

begin delete

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) In the 1970s, California led the nation in the creation of its
licensing system for community care facilities, and pioneered
recognition of the special needs of infants and toddlers with a
license distinct from preschool-age care.

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

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

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

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

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

(2) Children shall transition from age-appropriate classrooms
or program spaces when their developmental level is appropriate
for such a move.

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

(4) All children shall be supervised appropriately by teachers
and aides with appropriate staff qualifications. Toddlers may be
grouped with either infants or preschoolers as long as the
requirements applicable to the youngest age group in the group
are followed.

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

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

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

SEC. 2.  

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

1596.951.  

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

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

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

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

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

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

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

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

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

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

SEC. 3.  

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

1596.955.  

(a) The department shall develop guidelines and
procedures to permit licensed child day care centers serving
preschool age children to create a special program component for
children between 18 and 30 months of age. This optional toddler
program shall be subject to the following basic conditions:

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

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

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

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

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

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

(7) All other preschool regulations are complied with.

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

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

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

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

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

end delete

begin delete SEC. 4. end delete
begin insert SECTION 1. end insert   

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

1596.956.  

(a)  The department shall develop guidelines and
procedures to authorize licensed child day care centers serving
infants to create a special program component for children between
18 and begin delete 30 end delete begin insert 36 end insert months of age. The optional toddler program shall
be subject to the following basic conditions:

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

(2) A child younger than 18 months begin delete not end delete begin insert of age end insert shall begin insert not end insert be
moved into the toddler program. A child who is older than 18
months of age shall not be required to be in the toddler program.

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

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

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

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

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

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

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

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

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

begin delete

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

end delete

begin delete SEC. 5. end delete
begin insert SEC. 2. end insert   

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