BILL NUMBER: SB 1004	CHAPTERED  09/20/00

	CHAPTER   549
	FILED WITH SECRETARY OF STATE   SEPTEMBER 20, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JULY 5, 2000
	AMENDED IN SENATE   JUNE 1, 1999
	AMENDED IN SENATE   APRIL 13, 1999

INTRODUCED BY   Senator Escutia

                        FEBRUARY 26, 1999

   An act to add Section 1596.8712 to the Health and Safety Code,
relating to child care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1004, Escutia.  Child day care.
   Existing law, the California Child Day Care Act, authorizes the
department to prohibit any person from being a member of the board of
directors, an executive director, or an officer of a licensee or a
licensee from employing, or continuing the employment of, or allowing
in a licensed facility, or allowing contact with clients of a
licensed facility by, any employee, prospective employee, or person
who is not a client who has engaged in specified acts.
   This bill would require the department to prepare and provide each
licensed family day care home provider with an addendum to the
notification of parents' rights form identifying any individual or
individuals who have been excluded from the licensed family day care
home, and would specify further duties of the department in this
regard.  The bill would also require the licensee to provide this
information to the parent or guardian of each child under the
licensee's care or supervision, in a specified manner.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature:
   (a) To protect children in licensed child day care facilities from
individuals with criminal backgrounds, who may pose a risk to the
health and safety of children.
   (b) To protect the health and safety of children, by notifying
parents and guardians who utilize the services of a licensed family
day care home whenever an individual or individuals have been
excluded by the State Department of Social Services, pursuant to
subdivision (a) of Section 1596.8897, from working or being present
in the facility.
   (c) To provide parents and guardians with the ability to make
informed decisions regarding the health and safety of their children.

   (d) To enable parents and guardians to monitor the presence of
individuals who are not authorized to be present at these facilities,
so that violations may be reported to and investigated by the
department.
  SEC. 2.  Section 1596.8712 is added to the Health and Safety Code,
to read:
   1596.8712.  (a) (1) Whenever an individual is excluded by the
department from a licensed family day care home, the department shall
prepare and provide to the licensed family day care home from which
the individual was excluded, within 45 days, an addendum to the
notification of parents' rights form required by Section 102419 of
Title 22 of the California Code of Regulations, clearly identifying
the name or names of any individual or individuals who have been
excluded from the licensed family day care home.  The addendum shall
also identify the existence and location of a public file maintained
by the department explaining the reason for the exclusion.
   (2) The department shall revise the addendum if the excluded
individual is reinstated by the department pursuant to Section 11522
of the Government Code.
   (b) (1) Immediately upon receipt of an addendum from the
department, the licensee shall provide the parent or guardian of each
child under the licensee's care or supervision with a copy of the
addendum identifying the excluded individual or individuals.  The
licensee shall also obtain the signature of the parent or guardian
indicating that the parent or guardian has received a copy of the
addendum.  A signed copy of the addendum shall be provided to the
parent or guardian, and the original signed addendum shall be
retained by the licensed day care home provider, and provided to the
department during the regular inspection of the home, or at any time
upon the request of the department.
   (2) This section shall apply to all children currently under the
licensee's care or supervision, and to all children who come under
the licensee's care or supervision after the implementation of this
section.
   (c) During its regular inspection of all licensed family day care
homes where an individual or individuals have been excluded, the
department shall verify that the licensee has obtained a signature
from the parent or guardian of each child under the licensee's care
or supervision indicating that the parent or guardian has been
provided with the addendum identifying the excluded individual or
individuals.  The department may also request the signed addenda from
the licensee at any time.
   (d) A licensee shall be assessed an immediate civil penalty of one
hundred dollars ($100) per violation, for failure to do any of the
following:
   (1) Provide a copy of the addendum to a parent or guardian of any
child under the provider's care or supervision.
   (2) Obtain a parent or guardian's signature indicating he or she
has been provided with the addendum.
   (3) Provide signed addenda to the department, when requested for
all children under the provider's care.
   (e) Failure to comply with this section shall constitute grounds
for disciplining the licensee pursuant to Section 1596.885 or Section
1596.886.
   (f) This section shall apply to any family day care home from
which an individual is excluded after January 1, 2001.
   (g) The department shall promulgate regulations and policies, as
necessary, to implement the provisions of this section by January 1,
2002.