BILL NUMBER: AB 762 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2015
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 Section
1596.956 of, 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
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 a
single integrated license for a day care center serving children
from birth to kindergarten. The bill would require 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. of age, and would make conforming
changes relating to the guidelines and procedures the department is
required to develop. 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 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 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
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 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 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.
(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 1. 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 18
and 30 36 months of age. The optional
toddler program shall be subject to the following basic conditions:
(1) An amended application shall be submitted to and approved by
the department.
(2) A child younger than 18 months not of
age shall not be moved into the toddler program. A
child who is 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 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.
(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. SEC. 2. 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.