BILL ANALYSIS Ó
AB 1387
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Kansen Chu, Chair
AB 1387
(Chu) - As Amended March 26, 2015
SUBJECT: Care facilities: civil penalties
SUMMARY: Provides technical clean-up to AB 2236 (Maienschein),
Chapter 813, Statutes of 2014.
Specifically, this bill:
1)Deletes the requirement that revenues from civil penalties
levied by the Department of Social Services (DSS) against
licensed day care providers be used to assist families with
the identification, transportation, and enrollment of children
to another day care center when a family's day care center's
license is revoked or temporarily suspended.
2)Deletes the requirement that revenues from civil penalties
levied by DSS against licensed family day care home providers
be used to assist families with the identification,
transportation, and enrollment of children to another day care
center when a family's family day care home's license is
revoked or temporarily suspended.
AB 1387
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EXISTING LAW:
1)Authorizes DSS to levy a civil penalty against a licensed day
care provider or a licensed family day care home in addition
to the suspension, temporary suspension, or revocation of the
license of either type of facility. Establishes civil penalty
amounts that correspond to specific program violations and
repeat violations in licensed day care centers and licensed
family day care homes. (HSC 1596.99, 1597.58)
2)Requires revenues received by the state from the payment of
civil penalties imposed on licensed day care centers or
licensed family day care homes, as specified, to be deposited
into the Child Health and Safety Fund for expenditure by the
Legislature exclusively for the technical assistance,
orientation, training and education of licensed day care
center providers or licensed family day care homes,
respectively. (HSC 1596.99, 1597.58)
3)Provides that, as of July 1, 2015, in addition to being used
for technical assistance, orientation, training and education,
revenues received from civil penalties imposed on licensed
child care centers or licensed family day care homes, as
specified, must also be used to assist families with the
identification, transportation, and enrollment of children to
another day care center or family day care home, respectively,
when the license of the center or home is revoked or
temporarily suspended. (HSC 1596.99, 1597.58, as amended by
Chapter 813, Statutes of 2014)
4)Establishes in the State Treasury the Child Health and Safety
Fund to derive funds, primarily, from the license plate
program, as specified, to be expended upon appropriation by
the Legislature for specified child-related health and safety
purposes. Establishes an amount received from the license
AB 1387
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plate program to be available to DSS, upon appropriation, to
carry out oversight and other administrative duties, as
specified, in child day care centers and family day care
homes. Additionally provides that moneys derived from civil
penalties imposed on child day care facility providers are to
be used by DSS, upon appropriation, exclusively for the
technical assistance, orientation, training, and education of
child day care facility providers. (WIC 18285)
5)Establishes child care resource and referral agencies for the
purpose of identifying and maintaining information about the
full range of existing child care services and assisting
families with referrals to child care programs within a
particular county. (EDC 8210 et seq.)
FISCAL EFFECT: This bill is keyed non-fiscal by the Office of
Legislative Counsel.
COMMENTS: This is a clean-up measure that repeals provisions
inadvertently included in August 22, 2014 amendments made to AB
2236 (Maienschein) when the bill was in the Senate.
Child Care Resource & Referral (R&R) agencies: R&R agencies are
located in every county in California and are charged with
helping to ensure parents and their children get matched with
the most appropriate child care option to meet a family's needs.
The many services they provide to help families include
documenting parents' requests for child care services, tracking
a provider's licensing status, and working with providers to
improve the quality of child care and to expand the supply of
child care in each county. While discussions are ongoing
related to the state's investment in child care and supportive
services for families, the provisions being deleted in this bill
are already addressed through the work of R&R agencies.
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PRIOR LEGISLATION:
AB 2236 (Maienschein), Chapter 813, Statutes of 2014, among
other provisions, imposed a new civil penalty structure,
commencing July 1, 2015, for program violations in facilities
licensed by the Community Care Licensing Division of DSS
involving the death or physical abuse of, or serious bodily
injury to, a resident or child at the care facility.
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
AB 1387
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None on file.
Analysis Prepared by:Myesha Jackson / HUM. S. / (916) 319-2089