BILL NUMBER: AB 762 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Mullin
( Coauthor: Assembly Member
Chávez )
( Coauthor: Senator Hertzberg
)
FEBRUARY 25, 2015
An act to add Section 1596.951 to, and to amend and repeal
Sections 1596.955 and 1596.956 of, the Health and Safety Code,
relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 762, as amended, Mullin. Day care centers: integrated
licensing.
Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of day care centers by the
State Department of Social Services. Existing regulations require a
separate license to be issued for each component of a combination
center, and establishes teacher-child ratio requirements. Existing
law requires the department to develop guidelines and procedures to
permit authorize licensed child day
care centers serving infants or preschool age children to create a
special optional toddler program component for children between 18
and 30 months of age, and requires the program to be considered an
extension of the infant center or preschool license. Existing law
makes it a misdemeanor to willfully or repeatedly violate any of
these provisions or a rule or regulation promulgated under these
provisions.
This bill would require the department to adopt regulations, on or
before January 1, 2018, to develop and implement an
a single integrated license for a day care
center serving children from birth to kindergarten. The bill would
require an applicant for the integrated license to meet
specified basic requirements in addition to the current safety and
care standards, including, specified staff-child ratios and
requirements pertaining to indoor and outdoor activity space.
the regulations to include age
-appropriate transition times, as specified, and a requirement that
an integrated license list the age groups of children being served at
the day care center. The bill would require, between January 1,
2018, and December 31, 2018, an existing day care center license to
be converted to a single integrated child care license upon annual
renewal of the license, and would require that until a day care
center has the new integrated license, standards for inspection of a
day care center to be based on the current license. The bill
would also require a day care center with a toddler component to
extend the toddler component to serve children 18 months to 3 years,
inclusive, years of age and would repeal the provisions
relating to a toddler program component on January 1, 2018. By
changing the definition of an existing crime, the bill would impose a
state-mandated program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In the 1970's, 1970s, California
led the nation in the creation of its licensing system for community
care facilities, and pioneered recognition of the special needs of
infants and toddlers with a license distinct from preschool-age care.
(b) While the standard of care in California statute remains
appropriate, the bifurcation of early care licensing in California
into two separate licenses is unnecessary and problematic.
(c) Many states now mandate the standard required in California,
but without dual-licensing. California is one of only two states in
the country that employ a separate infant-toddler license. Other
states employ a single license for early childhood centers, mandating
developmentally appropriate standards based on the age of the
children served.
(d) Even in California, family day care homes are not subject to
the dual license requirement. Only private fee, state and federally
funded child day care facilities are subject to the dual license
requirement.
(e) It is the intent of the Legislature that all of the following
are required under a new integrated licensing structure:
(1) Children shall be grouped together by their appropriate
developmental levels and appropriate staff-child ratio and group size
regulations shall be followed.
(2) Children shall transition from age appropriate
age-appropriate classrooms or program spaces
when their developmental level is appropriate for such a move.
(3) A child's chronological age and the entire group's need shall
also be considering factors for such moves.
(4) All children shall be supervised appropriately by teachers and
aids aides with appropriate staff
qualifications. Toddlers may be grouped with either infants or
preschoolers as long as the requirements applicable to the youngest
age group in the group are followed.
(5) Emphasis shall be placed on improving the quality of early
care and education for children from birth to kindergarten in
center-based programs.
(6) Promotion of long-term efficiency within the Community Care
Licensing Division of the State Department of Social Services through
the elimination of duplicate paperwork and compliance visits to day
care centers.
(7) Inspection of a day care center based on a single integrated
license rather than on separate visits based on each license to
increase efficiency and to allow a department analyst to more
holistically evaluate a day care center which will lead to stronger
health and safety practices. Those efficiencies will reduce cost
pressure on the department and allow more providers to operate in
California, and thus open more spaces for children and parents
waiting for care.
SEC. 2. Section 1596.951 is added to the Health
and Safety Code, to read:
1596.951. (a) The following definitions shall apply to this
section:
(1) "Young infant" means a child 0 to 9 months of age
(2) "Mobile infant" means a child 8 to 18 months of age.
(3) "Toddler" means a child 16 to 36 months of age.
(4) "Preschooler" means a child 3 years of age to kindergarten
age.
(5) "Mixed-age groups" means a group including toddlers and
infants or toddlers and preschoolers in which the requirements for
the youngest age group apply.
(6) "Transition from classroom or program space" means group
placement that is determined by a child's developmental readiness
within three months before or after the child's birth date, except
for a child with developmental delays, and the need of the entire
group of children.
(7) "Combination center" means a combination of child care center
and schoolage child care center or child care center for mildly ill
children that is owned and operated by one licensee at a common
address.
(b) The department shall adopt regulations, on or before January
1, 2018, to develop and implement an integrated license for a day
care center serving children from birth to kindergarten. In addition
to the current safety and care standards, an applicant for the
integrated license shall meet all of the following basic
requirements:
(1)
Group placement shall be determined by a child's developmental
readiness within three months before or after the child's birth date,
except for a child with developmental delays, and the needs of the
entire group of children.
(2) The day care center shall observe the following staffing
ratios at the center:
(A) The following ratio requirements shall apply to young infants
and mobile infants:
(i) There shall be a ratio of one teacher for every four infants
in attendance.
(ii) An aide may be substituted for a teacher if both of the
following conditions are met:
(I) There is a fully qualified teacher directly supervising no
more than 12 infants.
(II) The aide is responsible for the direct care and supervision
of a group of no more than four infants.
(iii) If children are engaged in activities away from the center,
there shall be a minimum of one teacher for every two infants in
attendance. This ratio may include authorized representatives of
infants in care and adult volunteers to supplement the staff-infant
ratio.
(iv) The director and the assistant director may be counted in the
staff-infant ratio if he or she is actually working with infants.
(v) There shall be one teacher to visually observe every 12
sleeping infants if the remaining staff necessary to meet the ratios
specified in this section are immediately available at the center.
(vi) An aide who is 18 years of age or older, and who meets the
requirements in clause (ii), may visually observe 12 sleeping infants
in place of a teacher.
(vii) A center shall provide for the overlap of staff for
different shifts so that continuity of care is assured.
(B) The following requirements shall apply to toddlers:
(i) There shall be a ratio of one teacher for every six children
in attendance.
(ii) An aide who is participating in on-the-job training may be
substituted for a teacher if the aide is directly supervised by a
teacher.
(iii) The maximum group size with two teachers, or one teacher and
one aide, shall not exceed 12 toddlers.
(iv) There shall be one teacher to visually observe every 12
sleeping toddlers if the remaining staff necessary to meet the ratios
and group size requirements in this section are immediately
available at the center.
(v) An aide who is 18 years of age or older, and who meets the
requirements in clause (ii), may visually observe 12 sleeping
toddlers in place of a teacher.
(vi) A center shall provide for overlap of staff for different
shifts so that continuity of care is assured.
(C) The following requirements shall apply to preschoolers:
(i) There shall be a ratio of one teacher for every 12 children in
attendance.
(ii) The number of children in attendance shall not exceed
licensed capacity.
(iii) If children are engaged in activities outside of the center,
there shall be one teacher for every 12 children. However, because
activities outside of the center pose additional hazards to children,
the center shall make an effort to have a ratio of one adult for
every 6 children through the use of adult volunteers.
(iv) The center may use aides in a teacher-child ratio of one
teacher and one aide for 15 preschoolers in attendance.
(v) A teacher-child ratio of one teacher supervising 24 napping
children is permitted if the remaining teachers necessary to meet the
overall ratio and group size requirements are immediately available
at the center.
(vi) A teacher aide who is 18 years of age or older, and who meets
the requirements listed above may supervise 24 napping children in
place of a teacher. There shall be provision for overlap of staff for
different shifts so that continuity of care is assured.
(D) The following requirements shall apply to mixed age groups:
(i) If groups of children of two age categories are commingled and
the younger age group exceeds 50 percent of the total number of
children present, the ratios for the entire group must meet the
ratios required for the younger age group.
(ii) If the younger age group does not exceed 50 percent of the
total number of the children present, the teacher-child and
adult-child ratios shall be computed separately for each group.
(3) The day care center shall observe the following staffing
ratios at the center during water activities:
(A) The requirements for young infants and mobile infants are as
follows:
(i) A ratio of one adult to two infants shall be maintained during
activities in or near any body of water.
(ii) A ratio of one staff member to every four infants shall be
maintained during activities in or near any container of water that a
child can get into and get out of unassisted. This shall include,
but not be limited to, wading pools, basins, or water trays.
(iii) The ratio may include authorized representatives of infants
in care and adult volunteers to supplement the staff-infant ratio.
(B) The requirements for toddlers are as follows:
(i) A ratio of one adult to two toddlers shall be maintained
during activities in or near any body of water.
(ii) A ratio of one staff member to every four toddlers shall be
maintained during activities in or near any container of water that a
child can get into and get out of unassisted. This shall include,
but not be limited to, wading pools, basins, or water trays.
(iii) This ratio may include authorized representatives of
toddlers in care and adult volunteers to supplement the staff-toddler
ratio.
(C) The requirements for preschoolers are as follows:
(i) There shall be at least one adult, who has a valid
water-safety certificate on file at the center, present.
(ii) During water activities in or near any of the following
bodies of water, a ratio of not less than one adult, including
teachers, to every six children, or fraction thereof, shall be
maintained during water activities in or near any of the following
bodies of water:
(I) Swimming pool.
(II) Any portable pool with sides so high that children using the
pool cannot step out unassisted by a person or device, including, but
not limited to, a ladder.
(III) Potentially dangerous natural bodies of water including, but
not limited to, oceans, lakes, rivers, and streams.
(iii) Lifeguards or personnel supervising anyone other than center
children at the water activity site shall not be included in this
ratio.
(D) The requirements for mixed, age groups are as follows:
(i) If groups of children of two age categories are commingled and
the younger age group exceeds 50 percent of the total number of
children present, the ratios for the entire group shall meet the
ratios and requirements for the younger age group.
(ii) If the younger age group does not exceed 50 percent 50 of the
total number of the children present, the teacher-child and
adult-child ratios shall be computed separately for each group.
(4) The day care center shall maintain the staff-child ratio for
all age groups specified in paragraph (2) while transporting children
in motor vehicles. The ratio shall be maintained whether the vehicle
is moving or parked. Children in motor vehicles shall have constant
adult supervision and shall not be left unattended under any
circumstances.
(5) The outdoor activity space at the day care center shall meet
all of the following requirements:
(A) Except as provided in subparagraph (D), the outdoor activity
space for one age group shall be physically separate from space used
by the other age groups.
(B) The outdoor activity space shall be equipped with a variety of
age-appropriate toys and equipment.
(C) For infants, placement of playpens shall not create hazards to
other infants or adults in the play area.
(D) (i) If groups of children of two age categories are commingled
and the younger age group exceeds 50 percent of the total number of
children present, the age-appropriate toys and equipment shall meet
the requirements for the younger age group.
(6) The indoor activity space at the day care center shall meet
all of the following requirements:
(A) The requirements for young infants and mobile infants are as
follows:
(i) Indoor activity space for infants shall be physically separate
from space used by toddlers and preschoolers.
(ii) The center may use moveable walls or partitions to separate
the age groups in the same room if each group has the total amount of
square footage for indoor activity space required by this chapter.
(iii) Moveable walls or partitions, if used, shall be at least
four feet high, constructed of sound-absorbing material, and designed
to minimize the risk of injury to infants.
(iv) The calculation of indoor activity space for infants shall
not include space designated and used for cribs.
(v) The sleeping area for infants shall be physically separate
from the indoor activity space. This separation shall be accomplished
as specified in clause (iii).
(vi) The various child care center components in a combination
center may share office space, food preparation space, storage space
and any other general-purpose space.
(vii) The indoor activity space shall be equipped with a variety
of age-appropriate washable toys and equipment.
(B) The toddler and preschool programs shall be conducted in areas
physically separate from those used by older or younger children,
except when a planned activity is being conducted between two or more
age groups. A plan to alternate use of outdoor play space is
allowed.
(C) If groups of children of two age categories are commingled and
the younger age group exceeds 50 percent of the total number of
children present, the indoor activity space requirements for the
entire group shall meet the indoor activity space requirements
required for the younger age group.
SEC. 2. Section 1596.951 is added to the
Health and Safety Code , to read:
1596.951. (a) The department shall, in consultation with
stakeholders, adopt regulations on or before January 1, 2018, to
develop and implement a single integrated license for a day care
center serving children from birth to kindergarten. Regulations
adopted pursuant to this section shall include both of the following:
(1) Age-appropriate transition periods that do all of the
following:
(A) Allow children to transition from one age group to another age
group up to three months before or three months after their
birthday.
(B) Take the needs of the whole age group into consideration in
order to move children together.
(C) Consider continuity of care of the children and parents being
served.
(D) Consider the needs of the day care center licensees to
maximize spaces being used.
(2) A requirement that an integrated license being issued to a new
or current day care center licensee list the age groups of children
being served at the day care center for the purposes of license
inspections, data collection management, and county needs
assessments.
(b) (1) Between January 1, 2018, and December 31, 2018, a day care
center license shall be converted to a single integrated child care
license upon annual renewal of the license. The licensee shall not be
required to pay an additional fee to replace an existing license
with the new single integrated license other than the annual
licensing fee. A new applicant for a single integrated license may be
charged a fee commensurate with the previous cost for dual licenses.
(2) Until an existing day care center license has been replaced
with an integrated license, a day care center licensee shall maintain
a day care center that meets regulatory standards for the age groups
of children that are being cared for at the day care center, and
standards for inspection of a day care center shall be based on the
current license.
(c) Stakeholders consulted in adopting regulations pursuant to
this section shall include, but are not limited to, the State
Department of Education, California Association for the Education of
Young Children, Early Edge California, First 5 California, Children
Now, Alliance for Early Success, California Head Start Association,
California Child Development Administrators Association, California
Child Care Resource and Referral Network, California Child Care
Coordinators Association, Infant Development Association, the Western
Office of Zero to Three, L.A. Alliance, Title 5 funded providers,
and private providers.
SEC. 3. Section 1596.955 of the Health and Safety Code is amended
to read:
1596.955. (a) The department shall develop guidelines and
procedures to permit licensed child day care centers serving
preschool age children to create a special program component for
children between the ages of 18 months 18
and 30 months of age . This optional toddler program
shall be subject to the following basic conditions:
(1) An amended application is submitted to and approved by the
department.
(2) No child shall be placed in the preschool program before the
age of 30 months without parental permission. A child who is more
than 30 months of age may participate in the toddler program with
parental permission.
(3) Parents give permission for the placement of their children in
the toddler program.
(4) A ratio of six children to each teacher is maintained for all
children in attendance at the toddler program. An aide who is
participating in on-the-job training may be substituted for a teacher
when directly supervised by a fully qualified teacher.
(5) The maximum group size, with two teachers, or one fully
qualified teacher and one aide, does not exceed 12 toddlers.
(6) The toddler program is conducted in areas separate from those
used by older or younger children. Plans to alternate use of outdoor
play space may be approved to achieve separation.
(7) All other preschool regulations are complied with.
(b) The toddler program shall be considered an extension of the
preschool license, without the need for a separate license.
(c) The department shall immediately prepare proposed regulations
for public hearing which would consider the foregoing basic
conditions as well as any additional health and safety safeguards
deemed necessary for this age group.
(d) The guidelines in subdivision (a) shall remain in force and
effect only until regulations implementing this section are adopted
by the department.
(e) Commencing January 1, 2016, a day care center with a toddler
component pursuant to this section shall extend the toddler component
to serve children between 18 months to three years of age of age. It
is the intent of the Legislature to provide continuity of care to
California's children and parents in the implementation of this
subdivision.
(e)
(f) This section shall remain in effect only
until January 1, 2018, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2018,
deletes or extends that date.
SEC. 4. Section 1596.956 of the Health and Safety Code is amended
to read:
1596.956. (a) The department shall develop guidelines and
procedures to authorize licensed child day care centers serving
infants to create a special program component for children between
the ages of 18 months 18 and 30 months
of age . The optional toddler program shall be subject to
the following basic conditions. conditions:
(1) An amended application shall be submitted to and approved by
the department.
(2) No A child under the
age of younger than 18 months not
shall be moved into the toddler program. A child who is more
older than 18 months of age shall not be
required to be in the toddler program.
(3) Parents shall give permission for the placement of their
children in the toddler program.
(4) A ratio of six children to each teacher shall be maintained
for all children in attendance at the toddler program. An aide who is
participating in on-the-job-training
on-the-job training may be substituted for a teacher when
directly supervised by a fully qualified teacher.
(5) The maximum group size, with two teachers, or one fully
qualified teacher and one aide, shall not exceed 12 toddlers.
(6) The toddler program shall be conducted in areas separate from
those used by older or younger children. Plans to alternate use of
outdoor play space may be approved to achieve separation.
(7) All other infant center regulations shall be complied with.
(b) The toddler program shall be considered an extension of the
infant center license, without the need for a separate license.
(c) The department shall immediately prepare proposed regulations
for public hearing that would consider the foregoing basic conditions
as well as any additional health and safety safeguards deemed
necessary for this age group.
(d) The guidelines in subdivision (a) shall remain in force and
effect only until regulations implementing this section are adopted
by the department.
(e) Commencing January 1, 2016, a day care center with a toddler
component pursuant to this section shall extend the toddler component
to serve children between 18 months to three years of age. It is the
intent of the Legislature to provide continuity of care to
California's children and parents in the implementation of this
subdivision.
(e)
(f) This section shall remain in effect only
until January 1, 2018, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2018,
deletes or extends that date.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.