BILL ANALYSIS �
AB 2228
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2228 (Cooley)
As Amended August 21, 2014
Majority vote
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|ASSEMBLY: |77-0 |(May 27, 2014) |SENATE: |34-0 |(August 25, |
| | | | | |2014) |
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Original Committee Reference: HUM. S.
SUMMARY : Makes a number of changes to existing requirements for
crisis nurseries. Specifically, this bill :
1) Clarifies the definition of crisis nursery to specify
that a nursery provides non-medical care, and may provide
both an overnight residential and day services program.
2) Limits the time period a child may receive crisis day
services to no more than 30 calendar days, a maximum of 12
hours per day, or a total of 360 hours in a six-month
period unless an exception is issued to allow a child to
receive additional crisis day services in a six-month
period, as specified.
3) Clarifies that no more than two exceptions, in
seven-calendar day or 84-hour increments, may be granted
per child in a six-month period.
4) Requires at least 75-square feet per child of outdoor
activity space based on the total licensed capacity.
Specifies that swimming pools, adjacent pool decking, and
natural or man-made hazards shall not be included in the
calculation of outdoor activity space.
5) Specifies the maximum licensed capacity for a crisis
residential overnight program shall be 14 children and that
a child who has been voluntarily placed in a crisis
residential overnight program shall be included in the
licensed capacity for crisis day services.
6)Permits a crisis nursery's licensed capacity to be based upon
35 square feet of indoor activity space per child, as
specified.
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7)Requires crisis nursery licensees to develop, maintain and
implement a written staff training plan for the orientation,
continuing education, on-the-job training and development,
supervision, and evaluation of all lead caregivers,
caregivers, and volunteers, which shall be included in the
facility's plan of operation.
8)Requires crisis nursery licensees to designate at least one
lead caregiver to be present at the crisis nursery at all
times when children are present.
9)Requires lead caregivers to have one of the following
education and experience qualifications:
a) Completion of 12 postsecondary units, as specified, in
classes with a focus on early childhood education, child
development, or child health at an accredited college or
university, and six months of work experience in a licensed
group home, licensed infant care center, or comparable
group child care program or family day care;
b) A current and valid Child Development Associate (CDA)
credential, with the appropriate age level endorsement
issued by the CDA National Credentialing Program, and at
least six months of on-the-job training or work experience
in a licensed child care center or comparable group child
care program; or
c) A current and valid CDA Teacher Permit issued by the
California Commission on Teacher Credentialing, as
specified.
10)Requires lead caregivers to have a minimum of 24 hours of
training and orientation before working with children, permits
one year experience in a supervisory position in a child care
or group care facility to be substituted for 16 hours of
training and orientation, and requires lead caregivers to
undergo at least 20 hours of ongoing training, as specified.
11)Requires general caregiver staff to complete a minimum of 24
hours of initial training within the first 90 days of
employment, which may include first aid and CPR and shall be
included in the written staff training plan, and requires that
at least eight hours of training be completed before the
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caregiver may be left alone with children or counted in the
staff-to-child ratios, as specified.
12)Doubles the number of hours of training a person must undergo
in order to volunteer at a crisis nursery
13)Reduces the number of hours of training a volunteer must
undergo before being included in staff-to-child ratio
requirements from 20 to 16 hours.
14)Increases staff-to-child ratio requirements for children over
the age of 18 months from one-to-three to one-to-six.
15)Increases staff-to-child ratio requirements for children
under the age of 18 months from one-to-three to one-to-four
during the hours of operation between 7 p.m. and 7 a.m.
16)Requires licensees and caregivers who provide medication
assistance to children to do all of the following:
a) Assist children with the taking of the medication,
follow instructions as provided by an appropriate medical
professional, store the medication appropriately, as
specified, and administer the medication as directed on the
label or as advised by a physician in writing;
b) Administer nonprescription medication without the
consent of the child's physician as long as the medication
is administered in accordance with the product label and
the child's parent has consented in writing to the use of
the medication, as specified;
c) Develop and implement a written plan to record the
administration of prescription and nonprescription
medications and to inform the child's authorized
representative daily, for day care, and upon discharge for
overnight care, when the medications have been given; and
d) Return all medications to the child's authorized
representative when the child is withdrawn from the
facility, as specified.
The Senate amendments :
1) Clarify the definition of crisis nursery to specify that
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a nursery provides non-medical care, and may provide both
an overnight residential and day services program.
2) Limit the time period a child may receive crisis day
services to no more than 30 calendar days, a maximum of 12
hours per day, or a total of 360 hours in a six-month
period unless an exception is issued to allow a child to
receive additional crisis day services in a six-month
period, as specified.
3) Clarify that no more than two exceptions, in
seven-calendar day or 84-hour increments, may be granted
per child in a six-month period.
4) Require the maximum licensed capacity for crisis day
services to be based on 35 square feet of indoor activity
space per child. Specify that bedrooms, bathrooms, halls,
offices, isolation areas, food-preparation areas, and
storage places shall not be included in the calculation of
indoor activity space. Include floor area under tables,
desks, chairs, and other equipment intended for use as part
of children's activities in the calculation of indoor
space.
5) Require at least 75-square feet per child of outdoor
activity space based on the total licensed capacity.
Specify that swimming pools, adjacent pool decking, and
natural or man-made hazards shall not be included in the
calculation of outdoor activity space.
6) Specify the maximum licensed capacity for a crisis
residential overnight program shall be 14 children and that
a child who has been voluntarily placed in a crisis
residential overnight program shall be included in the
licensed capacity for crisis day services.
7) Requires a nursery's plan of operation to address how it
will deal with unexpected circumstances related to staffing
and ensure that additional caregivers are available when
needed.
8) Modifies the staff-to-child ratio for children under the
age of 18 months.
AS PASSED BY THE ASSEMBLY , this bill:
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1)Deleted the authority of a crisis nursery to provide child day
care services for children under six years of age and instead
permits a crisis nursery to provide "crisis day respite
services."
2)Deleted the prohibition on a crisis nursery providing child
day care services to eligible children for more than 30
calendar days within a six-month period, unless otherwise
permitted by the Department of Social Services (DSS).
3)Deleted the requirement that a child receiving child day care
services from a crisis nursery are counted towards its
licensed capacity.
4)Permitted a crisis nursery's licensed capacity to be based
upon 35 square feet of indoor activity space per child, as
specified.
5)Required at least one crisis nursery caregiver to have
certification in cardiopulmonary resuscitation (CPR) and
pediatric first aid, as specified.
6)Required crisis nursery licensees to develop, maintain and
implement a written staff training plan for the orientation,
continuing education, on-the-job training and development,
supervision, and evaluation of all lead caregivers,
caregivers, and volunteers, which shall be included in the
facility's plan of operation.
7)Required crisis nursery licensees to designate at least one
lead caregiver to be present at the crisis nursery at all
times when children are present.
8)Required lead caregivers to have one of the following
education and experience qualifications, as specified.
9)Required lead caregivers to have a minimum of 24 hours of
training and orientation before working with children, permits
one year experience in a supervisory position in a child care
or group care facility to be substituted for 16 hours of
training and orientation, and requires lead caregivers to
undergo at least 20 hours of ongoing training, as specified.
10)Required general caregiver staff to complete a minimum of 24
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hours of initial training within the first 90 days of
employment, which may include first aid and CPR and shall be
included in the written staff training plan, and requires that
at least eight hours of training be completed before the
caregiver may be left alone with children or counted in the
staff-to-child ratios, as specified.
11)Reduced the number of hours of training a person must undergo
in order to volunteer at a crisis nursery from eight to five
hours, as specified.
12)Added "child guidance techniques" to existing training
requirements for volunteers.
13)Reduced the number of hours of training a volunteer must
undergo before being included in staff-to-child ratio
requirements from 20 to eight hours.
14)Deleted existing training requirements that volunteers must
undergo 12 hours of CPR training and eight hours of child
health and safety training and instead requires eight hours of
training that covers child care health and safety issues,
trauma informed care, the importance of family and sibling
relationships, temperaments of children, self-regulation
skills and techniques, and program child guidance techniques.
15)Permitted volunteers who have not met specified training
requirements necessary to be included in staff-to-child ratio
requirements to supervise napping children without being under
the direct supervision of staff.
16)Increased staff-to-child ratio requirements for preschool age
children from one-to-three to one-to-six.
17)Increased staff-to-child ratio requirements for infants from
one-to-three to one-to-four during the hours of operation
between 7 a.m. and 7 p.m.
18)Increased staff-to-child ratio requirements for all children
from one-to-four to one-to-six during the hours of operation
between 7 p.m. and 7 a.m.
19)Required licensees and caregivers who provide medication
assistance to children to follow specified instructions as
provided for by a licensed medical professional, as specified.
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Background on crisis nurseries: Established in 2004 by SB 855
(Machado), Chapter 664, Statutes of 2004, crisis nurseries were
created as a separate licensing category to provide a temporary
housing and shelter facility placement option for parents. The
goal of crisis nurseries is to provide an alternative voluntary
placement option for families with young children who are facing
difficult or extreme financial, health, or other challenges and
to prevent the need for or the engagement of child welfare
services. This limits the role of crisis nurseries to only
serve children under the age of six who are voluntarily placed
by their parent or guardian under their temporary care.
Prior to SB 855's adoption, crisis nurseries were subject to
licensure as a group home under the Community Care Facilities
Act (CCFA). According to the Assembly Human Services August 26,
2004, analysis of SB 855, the author argued that group home
licensing requirements were "inappropriate for crisis nurseries,
since the demands of very young children who are voluntarily
placed by a parent are less serious than those of older children
who have been removed from parental custody by county child
protective services workers due to abuse or neglect." Further,
operators of crisis nurseries argued "that the costs of
complying with group home regulations are excessive and threaten
their viability."
To allow for the monitoring and evaluation of this licensing
category, SB 855 was approved with a sunset of January 1, 2008.
That sunset was extended by two subsequent measures to establish
the current sunset of January 1, 2014, to provide additional
time for DSS to establish licensing regulations. Crisis
nurseries were originally allowed to serve a limited number of
foster youth, however, that authority was eliminated effective
January 1, 2012, pursuant to SB 1214 (Wolk), Chapter 519,
Statutes of 2010. Finally, in 2012, the state adopted SB 1319
(Liu), Chapter 663, Statutes of 2012, which eliminated the
sunset and allowed crisis nurseries to exist in perpetuity. Had
the sunset been allowed to take effect, crisis nurseries would
have, again, had to comply with group home licensing
requirements under the CCFA.
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According to DSS, there are currently five licensed crisis
nurseries in California. All five are located in northern
California; Concord, Davis, Nevada City, and two in Sacramento.
Since 2009, approximately 9,155 children have been served by
these nurseries, except for the Concord facility. On average,
the lengths of stay have ranged from eight hours to just over 24
hours with 44 children staying for the maximum allowable days.
No exemptions have been requested or granted for children to
stay beyond the 30-day limit.
Need for the bill: Stating the need for the bill, the author
writes:
The current law and regulations governing Crisis
Nurseries has not been updated to reflect changes made
by SB 1214 (Wolk) Chapter 93, Statutes of 2010,
prohibiting the use of Crisis Nurseries for foster
children, effective July 1, 2012. This has resulted
in laws and regulations that are unnecessary for
Crisis Nurseries. The increased cost of providing
services is preventing Crisis Nurseries from making
the most effective use of qualified volunteers, in
support of paid employees, to care for children
voluntarily placed by their own parents or legal
guardians.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0005470