BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1368|
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THIRD READING
Bill No: AB 1368
Author: Adams (R)
Amended: 4/16/09 in Assembly
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 5-0, 6/23/09
AYES: Liu, Maldonado, Alquist, Runner, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/26/09 - See last page for vote
SUBJECT : Child day care: safety
SOURCE : Author
DIGEST : This bill requires small family child care homes
to ensure that at least one staff member present has
completed a course in pediatric first aid and pediatric
cardiopulmonary resuscitation.
ANALYSIS :
Existing law:
1. Requires licensure for child care provided in the
residence of a care provider if he/she cares for the
children of more than one family other than his/her own.
2. Provides separate licenses for "small family day care"
CONTINUED
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and "large family day care," requiring a "large family
day care license" for the care of seven to 12 children
and a "small family day care license" when care is
provided to six or fewer children.
3. Requires that a small family child care operator have
completed a course in pediatric first aid and pediatric
cardiopulmonary resuscitation as a condition of
licensure.
4. Requires that at least one person who has at least 15
hours of health and safety training and a current course
completion card in pediatric first aid and pediatric
cardiopulmonary resuscitation (CPR) be present at all
times when children are present in a facility licensed
as a large family day care home. Course completion
cards can be issued by the American Red Cross, the
American Heart Association, or by a training program
approved by the Emergency Medical Services Authority.
This bill extends to small family day care homes the
requirement that at least one person be present, at all
times, who has 15 hours of health and safety training and a
current course completion card in pediatric first aid and
CPR.
Background
There are approximately 30,000 small family day care homes
licensed in California.
When people use their own homes to care for more than one
family's children other than their own, the state requires
them to obtain a license. A small family day care license
entitles a person to care for up to six children. Caring
for six to 12 children requires a large family child care
license. When more than six children are present in a
large family child care home, a second adult must be
present. Small family child care homes require that one
adult be present.
To ensure that small family child care homes closely
resemble care in a child's own home, there are no
restrictions placed on which residences can be licensed.
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Yards must be fenced, solvents and other harmful products
must be locked away, pools and spas must be behind fences
and locked gates, and all adults in the household are
subject to a criminal records clearance.
California makes few requirements of a provider other than
that they must be at least 18, pass a criminal background
check, and have completed a 15-hour course in pediatric
first aid and pediatric CPR. California makes no
requirements regarding a provider's higher education,
teaching or caregiving skill, knowledge of child
development, knowledge of language acquisition, or
knowledge of cultures and cultural diversity.
Each small family day care home is a small business that is
owner operated. Care must be provided by a resident of the
home that is licensed. Small family day care homes rarely
have more than the one adult present with the children,
although some spouses or adult children of the provider may
be present in the house.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
ARGUMENTS IN SUPPORT : According to the author's office,
a constituent's daughter choked to death in a small family
day care home where the caregiver present was not trained
in pediatric CPR and first aid.
Current law does not include small family child care homes
in the requirement that at least one caregiver present when
children are in care be trained in pediatric first aid and
CPR. This requirement is in place with large family child
care homes and child care centers. This bill includes
small family child care homes in the requirement.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
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Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: DeVore, Duvall, Knight, Bass
CTW:mw 7/9/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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