BILL ANALYSIS Ó
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CONCURRENCE IN SENATE AMENDMENTS
AB
762 (Mullin)
As Amended August 18, 2015
Majority vote
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|ASSEMBLY: |78-0 |(June 4, 2015) |SENATE: |39-0 | (August 27, |
| | | | | |2015) |
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Original Committee Reference: HUM. S.
SUMMARY: Expands the age range of the childcare optional
toddler component. Specifically, this bill:
1)Increases the upper age limit for optional toddler programs
authorized by the Department of Social Services (DSS) from 30
months to three years of age.
2)Directs infant and preschool-age day care centers with an
optional toddler program to, beginning January 1, 2016, extend
the toddler component to serve children up to three years old.
The Senate amendments apply the extension of the upper age limit
of optional toddler programs to child care centers serving
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preschool-age children.
EXISTING LAW:
1)Establishes the California Child Day Care Facilities Act,
creating a separate licensing category for child day care
centers and family day care homes within DSS's existing
licensing structure. (Health and Safety Code (HSC) Section
1596.70 et seq.)
2)Defines "day care center" to include infant centers,
preschools, extended day care facilities, and school-age child
care centers. (HSC Section 1596.76)
3)Requires any person or entity operating, as specified, as
child day care facility in California to have a current valid
license. (HSC Section 1596.80)
4)Directs DSS to develop guidelines and procedures for
authorizing licensed child day care centers serving
preschool-age children and licensed child day care centers
serving infants to create a special optional toddler program
for children between the ages of 18 months and 30 months and
further requires this optional toddler program to meet certain
requirements, as specified. (HSC Sections 1596.955 and
1596.956)
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Licensed child care: The California Child Day Care Facilities
Act governs the licensure and operation of child day care
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centers and family day care homes. This law and the attendant
regulations found in California Code of Regulations Title 22
establish general health and safety requirements, staff-to-child
ratios, and provider training requirements.
Infant centers serve children under two years old, preschool
child care centers serve children between the age of two and
when they start school, and school-age child care centers serve
children who have entered the first grade or are in a child care
program exclusively for children in kindergarten and above. A
"combination center" is any combination of an infant center,
preschool child care center, school-age child care center and
child care center for mildly ill children that is owned and
operated by one licensee at a common address. In California,
separate licenses are currently required for serving infants and
for serving preschool-age children. Thus, owner/operators of
combination centers serving both populations must get two
licenses and undergo separate inspection and compliance
processes for each license.
Toddler program: In 1988, the Senate Select Committee on
Children and Youth and the Senate Select Committee on Infant and
Child Care and Development convened a task force to examine what
at the time were the two basic licensing categories for child
care centers: an infant category for children up to two years
of age, and a second category for children between the ages of
two and 12. This task force recommended the establishment of a
third optional category for toddlers between the ages of 18
months and 30 months. SB 629 (Morgan), Chapter 1079, Statutes
of 1989, established this optional license category for day care
programs and SB 434 (Morgan), Chapter 246, Statutes of 1993,
refined and made the optional program permanent.
As it currently exists, the optional toddler program is
available to both centers that serve preschool-age children and
centers that serve infants. These centers can create a special
program component for children between the ages of 18 months and
30 months; the program has its own staffing ratio and maximum
group size requirements, but is considered an extension of the
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infant or preschool license and does not require a separate
license. The toddler program is to be located in areas separate
from those used by younger and older children. Children can
only be placed in this program with parental consent. A toddler
who is more than 30 months of age may participate in an optional
toddler program with parental permission.
This bill's extension of the optional toddler program to
children up to 36 months of age will help provide flexibility
and continuity of care to children and their parents.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
FN: 0001449