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
require a day care center with a toddler component to extend the toddler component to serve children 18 months to 3begin delete years, inclusive,end deletebegin insert yearsend insert of age, and would make conforming changes relating to the guidelines and procedures the department is required to develop. 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 insertSection 1596.955 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert
(a) The department shall develop guidelines and
4procedures to permit licensed child day care centers serving
5preschool age children to create a special program component for
6children betweenbegin delete the ages ofend delete 18 monthsbegin delete and 30 months.end deletebegin insert to three
7years of age.end insert This optional toddler program shall be subject to the
8following basic conditions:
9(1) An amended application is submitted to and approved by
10the department.
11(2) No child shall be placed in the preschool program before
12the age of 30 months without parental permission. A child who is
13more than 30 months of age may participate in the toddler program
14with parental permission.
15(3)
end delete
16begin insert(2)end insert Parents give permission for the placement of their children
17in the toddler program.
18(4)
end delete
19begin insert(3)end insert A ratio of six children to each teacher is maintained for all
20children in attendance at the toddler program. An aide who is
21participating in on-the-job training may be substituted for a teacher
22when directly supervised by a fully qualified teacher.
23(5)
end delete
24begin insert(4)end insert The maximum group size, with two teachers, or one fully
25qualified teacher and one aide, does not exceed 12 toddlers.
26(6)
end delete
P3 1begin insert(5)end insert The toddler program is conducted in areas separate from
2those used by older or younger children. Plans to alternate use of
3outdoor play space may be approved to achieve separation.
4(7)
end delete5begin insert(6)end insert All other preschool regulations are complied with.
6(b) The toddler program shall be considered an extension of the
7preschool license, without the need for a separate license.
8(c) The department shall immediately prepare proposed
9regulations for public hearing which would consider the foregoing
10basic conditions as well as any additional health and safety
11safeguards deemed necessary for this age group.
12(d) The guidelines in subdivision (a) shall remain in force and
13effect only until regulations implementing this section are adopted
14by the department.
15(e) Commencing January 1, 2016, a day care center with a
16toddler component pursuant to this section shall extend the toddler
17component to serve children between 18 months to three years of
18age. It is the intent of the Legislature to provide continuity of care
19to California’s children and parents in the implementation of this
20subdivision.
Section 1596.956 of the Health and Safety Code is
23amended to read:
(a) The department shall develop guidelines and
25procedures to authorize licensed child day care centers serving
26infants to create a special program component for children between
2718begin delete and 36end delete monthsbegin insert to three yearsend insert of age. The optional toddler
28program shall be subject to the following basic conditions:
29(1) An amended application shall be submitted to and approved
30by the department.
31(2) A child younger than 18 months of
age shall not be moved
32into the toddler program. A child who is older than 18 months of
33age shall not be required to be in the toddler program.
34(3) Parents shall give permission for the placement of their
35children in the toddler program.
36(4) A ratio of six children to each teacher shall be maintained
37for all children in attendance at the toddler program. An aide who
38is participating in on-the-job training may be substituted for a
39teacher when directly supervised by a fully qualified teacher.
P4 1(5) The maximum group size, with two teachers, or one fully
2qualified teacher and one aide, shall not exceed 12 toddlers.
3(6) The toddler program shall be conducted in areas
separate
4from those used by older or younger children. Plans to alternate
5use of outdoor play space may be approved to achieve separation.
6(7) All other infant center regulations shall be complied with.
7(b) The toddler program shall be considered an extension of the
8infant center license, without the need for a separate license.
9(c) The department shall immediately prepare proposed
10regulations for public hearing that would consider the foregoing
11basic conditions as well as any additional health and safety
12safeguards deemed necessary for this age group.
13(d) The guidelines in subdivision (a) shall remain in force and
14effect only until regulations implementing this
section are adopted
15by the department.
16(e) Commencing January 1, 2016, a day care center with a
17toddler component pursuant to this section shall extend the toddler
18component to serve children between 18 months to three years of
19age. It is the intent of the Legislature to provide continuity of care
20to California’s children and parents in the implementation of this
21subdivision.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.
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