BILL NUMBER: AB 529	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2003
	AMENDED IN ASSEMBLY  MAY 6, 2003
	AMENDED IN ASSEMBLY  MARCH 27, 2003

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 18, 2003

   An act to amend Sections 1597.44 and 1597.465 of the Health and
Safety Code, relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 529, as amended, Mullin.  Family day care homes. 
   Existing law, the  
   The  California Child Day Care Facilities Act, provides for
the licensing and regulation of child day care facilities  ,
including family day care homes,  by the State Department of
Social Services.   Existing law provides for the licensure of
family day care homes.   Existing law authorizes a small
family day care home to provide day care for more than 6 and up to 8
children if certain conditions are met.  Existing law also authorizes
a large family day care home to provide day care for more than 12
children and up to and including 14 children if certain conditions
are met. One of these conditions applicable to both small and large
family day care homes is that at least 2 of the children be at least
6 years of age.
   This bill would  instead  allow the above referred
condition to be met if  either 2 of the children are at least
6 years of age or at least 2 of the children are enrolled in a
kindergarten classroom   at least one child is enrolled
in and attending kindergarten or elementary school and a 2nd child is
at least 6 years of age.  The bill would also include among the
above conditions a requirement that the licensee charge the parents
of these 2 additional children a reduced amount if the child is in
care at the facility 6 or fewer hours per day  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 1597.44 of the Health and Safety Code is
amended to read:
   1597.44.  A small family day care home may provide care for more
than six and up to eight children, without an additional adult
attendant, if all of the following conditions are met:  
   (a) At least two of the children are at least six years of age or
enrolled in a kindergarten classroom.  
   (a) At least one child is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.

   (b) No more than two infants are cared for during any time when
more than six children are cared for.
   (c) The licensee notifies each parent that the facility is caring
for two additional schoolage children and that there may be up to
seven or eight children in the home at one time.
   (d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.  
   (e) The licensee charges the parents of a child specified in
subdivision (a) a reduced amount if the child is in care at the
facility six or fewer hours per day. 
  SEC. 2.  Section 1597.465 of the Health and Safety Code is amended
to read:
   1597.465.  A large family day care home may provide care for more
than 12 children and up to and including 14 children, if all of the
following conditions are met:  
   (a) At least two of the children are at least six years of age or
enrolled in a kindergarten classroom.  
   (a) At least one child is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.

   (b) No more than three infants are cared for during any time when
more than 12 children are being cared for.
   (c) The licensee notifies a parent that the facility is caring for
two additional schoolage children and that there may be up to 13 or
14 children in the home at one time.
   (d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.  
   (e) The licensee charges the parents of a child specified in
subdivision (a) a reduced amount if the child is in care at the
facility six or fewer hours per day.