Senate BillNo. 401


Introduced by Senator Nguyen

February 25, 2015


An act to amend Section 1516 of, and to add Section 1596.810 to, the Health and Safety Code, relating to day care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 401, as introduced, Nguyen. Day cares.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, as defined, and crisis nurseries by the State Department of Social Services. Existing law requires that the maximum licensed capacity for those facilities be based on 35 square feet of indoor activity space per child.

This bill would exempt those facilities from the 35 square footage requirement if the facility is located in an office building.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1516 of the Health and Safety Code is
2amended to read:

3

1516.  

(a) A crisis nursery, as defined in paragraph (17) of
4subdivision (a) of Section 1502, shall be licensed by the department
5to operate a crisis residential overnight program. Notwithstanding
6Section 1596.80, a crisis nursery may also provide crisis day
7services.

8(b) A crisis nursery shall be organized and operated on a
9nonprofit basis by either a private nonprofit corporation or a
10nonprofit public benefit corporation.

P2    1(c) A facility licensed on or before January 1, 2004, as a group
2home for children under six years of age with a licensed capacity
3greater than 14 children, but less than 21 children, that provides
4crisis nursery services shall be allowed to retain its capacity if
5issued a crisis nursery license until there is a change in the
6licensee’s program, location, or client population.

7(d) Each crisis nursery shall collect and maintain information,
8in a format specified by the department, indicating the total number
9of children placed in the program, the length of stay for each child,
10the reasons given for the use of the crisis nursery, and the age of
11each child. This information shall be made available to the
12department upon request.

13(e) Notwithstanding Section 1596.80, a crisis nursery may
14provide crisis day services for children under six years of age at
15the same site that it is providing crisis residential overnight
16services.

17(1) A child shall not receive crisis day services at a crisis nursery
18for more than 30 calendar days, maximum of 12 hours per day, or
19a total of 360 hours, in a six-month period unless the department
20issues an exception to allow a child to receive additional crisis day
21services in a six-month period.

22(2) The department, upon receipt of an exception request
23pursuant to paragraph (1) and supporting documentation as required
24by the department, shall respond within five working days to
25approve or deny the request.

26(3) No more than two exceptions, in seven-calendar day or
2784-hour increments, may be granted per child in a six-month
28period.

29(f) A crisis nursery license shall be issued for a specific capacity
30determined by the department.

31(1) (A) The maximum licensed capacity for crisis day services
32shall be based on 35 square feet of indoor activity space per child.
33Bedrooms, bathrooms, halls, offices, isolation areas,
34food-preparation areas, and storage places shall not be included
35in the calculation of indoor activity space. Floor area under tables,
36desks, chairs, and other equipment intended for use as part of
37children’s activities shall be included in the calculation of indoor
38space.begin insert This subparagraph shall not apply to a crisis nursery that
39is located in an office building.end insert

P3    1(B) There shall be at least 75 square feet per child of outdoor
2activity space based on the total licensed capacity. Swimming
3pools, adjacent pool decking, and natural or man-made hazards
4shall not be included in the calculation of outdoor activity space.

5(2) Except as provided in subdivision (c), the maximum licensed
6capacity for a crisis residential overnight program shall be 14
7children.

8(3) A child who has been voluntarily placed in a crisis residential
9overnight program shall be included in the licensed capacity for
10crisis day services.

11(g) Exceptions to group home licensing regulations pursuant to
12subdivision (c) of Section 84200 of Title 22 of the California Code
13of Regulations, in effect on August 1, 2004, for county-operated
14or county-contracted emergency shelter care facilities that care for
15children under six years of age for no more than 30 days, shall be
16contained in regulations for crisis nurseries.

17(h) For purposes of this section, the following definitions shall
18apply:

19(1) “Crisis day services” means temporary, nonmedical care
20and supervision for children under six years of age who are
21voluntarily placed by a parent or legal guardian due to a family
22crisis or stressful situation for less than 24 hours per day. Crisis
23day services shall be provided during a time period defined by the
24crisis nursery in its plan of operation, but not to exceed a period
25of 14 hours per day. The plan of operation shall assure sleeping
26arrangements are available for children there after 7 p.m. A child
27may not receive crisis day services at a crisis nursery for more
28than 30 calendar days, or a total of 360 hours, in a six-month period
29unless the department issues an exception.

30(2) “Crisis residential overnight program” means short-term,
3124-hour nonmedical residential care and supervision, including
32overnight, for children under six years of age who are voluntarily
33placed by a parent or legal guardian due to a family crisis or
34stressful situation for no more than 30 days.

35(3) “Voluntarily placed” means a child, who is not receiving
36Aid to Families with Dependent Children-Foster Care, placed by
37a parent or legal guardian who retains physical custody of, and
38remains responsible for, the care of his or her children who are
39placed for temporary emergency care. “Voluntarily placed” does
40not include placement of a child who has been removed from the
P4    1care and custody of his or her parent or legal guardian and placed
2in foster care by a child welfare services agency.

3

SEC. 2.  

Section 1596.810 is added to the Health and Safety
4Code
, immediately following Section 1596.809, to read:

5

1596.810.  

A child day care facility, other than a family day
6care home, shall not be required to meet the square footage
7requirements of indoor activity space for child care centers if the
8facility is located in an office building.



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