BILL ANALYSIS                                                                                                                                                                                                    



                                                                    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.










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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  








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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










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          None on file.





          Analysis Prepared by:Myesha Jackson / HUM. S. / (916) 319-2089