Amended in Senate April 6, 2015

Senate BillNo. 401


Introduced by Senator Nguyen

February 25, 2015


An act tobegin delete amend Section 1516 of, and toend delete add Section 1596.810begin delete to,end deletebegin insert toend insert the Health and Safety Code, relating to day care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 401, as amended, Nguyen. Daybegin delete cares.end deletebegin insert care facilities.end insert

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, as defined,begin delete and crisis nurseriesend delete 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:

begin delete
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.

P2    1(b) A crisis nursery shall be organized and operated on a
2nonprofit basis by either a private nonprofit corporation or a
3nonprofit public benefit corporation.

4(c) A facility licensed on or before January 1, 2004, as a group
5home for children under six years of age with a licensed capacity
6greater than 14 children, but less than 21 children, that provides
7crisis nursery services shall be allowed to retain its capacity if
8issued a crisis nursery license until there is a change in the
9licensee’s program, location, or client population.

10(d) Each crisis nursery shall collect and maintain information,
11in a format specified by the department, indicating the total number
12of children placed in the program, the length of stay for each child,
13the reasons given for the use of the crisis nursery, and the age of
14each child. This information shall be made available to the
15department upon request.

16(e) Notwithstanding Section 1596.80, a crisis nursery may
17provide crisis day services for children under six years of age at
18the same site that it is providing crisis residential overnight
19services.

20(1) A child shall not receive crisis day services at a crisis nursery
21for more than 30 calendar days, maximum of 12 hours per day, or
22a total of 360 hours, in a six-month period unless the department
23issues an exception to allow a child to receive additional crisis day
24services in a six-month period.

25(2) The department, upon receipt of an exception request
26pursuant to paragraph (1) and supporting documentation as required
27by the department, shall respond within five working days to
28approve or deny the request.

29(3) No more than two exceptions, in seven-calendar day or
3084-hour increments, may be granted per child in a six-month
31period.

32(f) A crisis nursery license shall be issued for a specific capacity
33determined by the department.

34(1) (A) The maximum licensed capacity for crisis day services
35shall be based on 35 square feet of indoor activity space per child.
36Bedrooms, bathrooms, halls, offices, isolation areas,
37food-preparation areas, and storage places shall not be included
38in the calculation of indoor activity space. Floor area under tables,
39desks, chairs, and other equipment intended for use as part of
40children’s activities shall be included in the calculation of indoor
P3    1space. This subparagraph shall not apply to a crisis nursery that is
2located in an office building.

3(B) There shall be at least 75 square feet per child of outdoor
4activity space based on the total licensed capacity. Swimming
5pools, adjacent pool decking, and natural or man-made hazards
6shall not be included in the calculation of outdoor activity space.

7(2) Except as provided in subdivision (c), the maximum licensed
8capacity for a crisis residential overnight program shall be 14
9children.

10(3) A child who has been voluntarily placed in a crisis residential
11overnight program shall be included in the licensed capacity for
12crisis day services.

13(g) Exceptions to group home licensing regulations pursuant to
14subdivision (c) of Section 84200 of Title 22 of the California Code
15of Regulations, in effect on August 1, 2004, for county-operated
16or county-contracted emergency shelter care facilities that care for
17children under six years of age for no more than 30 days, shall be
18contained in regulations for crisis nurseries.

19(h) For purposes of this section, the following definitions shall
20apply:

21(1) “Crisis day services” means temporary, nonmedical care
22and supervision for children under six years of age who are
23voluntarily placed by a parent or legal guardian due to a family
24crisis or stressful situation for less than 24 hours per day. Crisis
25day services shall be provided during a time period defined by the
26crisis nursery in its plan of operation, but not to exceed a period
27of 14 hours per day. The plan of operation shall assure sleeping
28arrangements are available for children there after 7 p.m. A child
29may not receive crisis day services at a crisis nursery for more
30than 30 calendar days, or a total of 360 hours, in a six-month period
31unless the department issues an exception.

32(2) “Crisis residential overnight program” means short-term,
3324-hour nonmedical residential care and supervision, including
34overnight, for children under six years of age who are voluntarily
35placed by a parent or legal guardian due to a family crisis or
36stressful situation for no more than 30 days.

37(3) “Voluntarily placed” means a child, who is not receiving
38Aid to Families with Dependent Children-Foster Care, placed by
39a parent or legal guardian who retains physical custody of, and
40remains responsible for, the care of his or her children who are
P4    1placed for temporary emergency care. “Voluntarily placed” does
2not include placement of a child who has been removed from the
3care and custody of his or her parent or legal guardian and placed
4in foster care by a child welfare services agency.

end delete
5

begin deleteSEC. 2.end delete
6begin insertSECTION 1.end insert  

Section 1596.810 is added to the Health and Safety
7Code
, immediately following Section 1596.809, to read:

8

1596.810.  

A child day care facility, other than a family day
9care home, shall not be required to meet the square footage
10requirements of indoor activity space for child care centers if the
11facility is located in an office building.



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