Amended in Senate August 18, 2015

Amended in Senate July 16, 2015

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

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member Chávez end delete begin insert Members Chávez and Cristina Garcia end insert )

(Coauthor: Senator Hertzberg)

February 25, 2015

An act to amend 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: begin delete integrated licensing. end delete begin insert toddler programs. end insert

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 begin delete component end delete begin insert program end insert to extend the toddler begin delete component end delete begin insert program end insert to serve children begin insert between end insert 18 months begin delete to end delete begin insert and end insert 3 years 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:

SECTION 1.  

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 months to three years 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) Parents give permission for the placement of their children
in the toddler program.

(3) 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.

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

(5) 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.

(6) 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 begin delete component pursuant to end delete begin insert program described in end insert this section
shall extend the toddler begin delete component end delete begin insert program end insert to serve children
between 18 months begin delete to end delete begin insert and end insert 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.

SEC. 2.  

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 months to three years 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 of age shall not 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 begin delete component pursuant to end delete begin insert program described in end insert this section
shall extend the toddler begin delete component end delete begin insert program end insert to serve children
between 18 months begin delete to end delete begin insert and end insert 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.

SEC. 3.  

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.