BILL NUMBER: AB 762	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 16, 2015
	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 amend  Section   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
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 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 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.    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 
and 30 months.   to three years 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) 
    (2)  Parents give permission for the placement of their
children in the toddler program. 
   (4) 
    (3)  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) 
    (4)  The maximum group size, with two teachers, or one
fully qualified teacher and one aide, does not exceed 12 toddlers.

   (6) 
    (5)  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) 
    (6)  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. It is the
intent of the Legislature to provide continuity of care to
California's children and parents in the implementation of this
subdivision. 
   SECTION 1.   SEC. 2.   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 36  months  to three years  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 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.
   SEC. 2.   SEC. 3.   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.