Bill Text: CA AB2228 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crisis nurseries.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 735, Statutes of 2014. [AB2228 Detail]

Download: California-2013-AB2228-Amended.html

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BILL NUMBER: AB 2228	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2014
	AMENDED IN SENATE  AUGUST 4, 2014
	AMENDED IN ASSEMBLY  MAY 7, 2014

INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 20, 2014

   An act to amend Sections 1502, 1516, 1526.8, and 1596.792 of the
Health and Safety Code, relating to crisis nurseries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2228, as amended, Cooley. Crisis nurseries.
   Existing law provides for the licensure and regulation by the
State Department of Social Services of crisis nurseries, as defined.
Violation of these provisions is a misdemeanor. Existing law
authorizes crisis nurseries to provide nonmedical 24-hour residential
care and supervision for children under 6 years of age who are
voluntarily placed by a parent or legal guardian due to a family
crisis or stressful situation for no more than 30 days.
   Existing law provides that a maximum licensed capacity for a
crisis nursery program is 14 children. Existing law authorizes a
crisis nursery to provide child day care services for children under
6 years of age at the same site as a crisis nursery, but provides
that a child is prohibited from receiving more than 30 calendar days
of child day care services at the crisis nursery in a 6-month period
unless the department issues an exception. Existing law requires the
department to allow the use of fully trained and qualified volunteers
as caregivers in a crisis nursery subject to specified conditions.
   This bill would revise these provisions to require crisis
nurseries to be licensed by the department to operate crisis
residential overnight programs, as defined, and to authorize crisis
nurseries to provide crisis day services, as defined. The bill would
establish the maximum licensed capacity for a crisis residential
overnight program at 14 children and provide that the maximum
licensed capacity for crisis day services shall be based on 35 square
feet of indoor activity space per child, as prescribed.
   This bill would require that  the   a 
licensee  under those provisions  designate at least one
lead caregiver, as described, to be present at the crisis nursery at
all times when children are present, would require the licensee to
develop, maintain, and implement a written staff training plan, as
specified, and would require a crisis nursery to have at least one
caregiver at all times who has completed training pediatric first aid
and cardiopulmonary resuscitation. The bill would modify the
requirements relating to the use of volunteers to be counted in the
staff-to-child ratios in a crisis nursery, as specified, and would
prescribe requirements relating to when a child has a health
condition that requires medication.
   By expanding the scope of crime, this bill would impose a
state-mandated local 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 1502 of the Health and Safety Code is amended
to read:
   1502.  As used in this chapter:
   (a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
   (1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
   (2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
   (3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
   (4) "Foster family agency" means any organization engaged in the
recruiting, certifying, and training of, and providing professional
support to, foster parents, or in finding homes or other places for
placement of children for temporary or permanent care who require
that level of care as an alternative to a group home. Private foster
family agencies shall be organized and operated on a nonprofit basis.

   (5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased,
or rented and is the residence of the foster parent or parents,
including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
   (6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
   (7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
   (8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
   Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
   (9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
   (A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
   (B) Assesses the birth parents, prospective adoptive parents, or
child.
   (C) Places children for adoption.
   (D) Supervises adoptive placements.
   Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
   (10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
   (A) Assesses the prospective adoptive parents.
   (B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
   (C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
   Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
   (11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
   (12) "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
   (13) "Group home" means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be nonmedical,
except as otherwise permitted by law.
   (14) "Runaway and homeless youth shelter" means a group home
licensed by the department to operate a program pursuant to Section
1502.35 to provide voluntary, short-term, shelter and personal
services to runaway youth or homeless youth, as defined in paragraph
(2) of subdivision (a) of Section 1502.35.
   (15) "Enhanced behavioral supports home" means a facility
certified by the State Department of Developmental Services pursuant
to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of
Division 4.5 of the Welfare and Institutions Code, and licensed by
the State Department of Social Services as an adult residential
facility or a group home that provides 24-hour nonmedical care to
individuals with developmental disabilities who require enhanced
behavioral supports, staffing, and supervision in a homelike setting.
An enhanced behavioral supports home shall have a maximum capacity
of four consumers, shall conform to Section 441.530(a)(1) of Title 42
of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home-and community-based services funding.
   (16) "Community crisis home" means a facility certified by the
State Department of Developmental Services pursuant to Article 8
(commencing with Section 4698) of Chapter 6 of Division 4.5 of the
Welfare and Institutions Code, and licensed by the State Department
of Social Services pursuant to Article 9.7 (commencing with Section
1567.80), as an adult residential facility, providing 24-hour
nonmedical care to individuals with developmental disabilities
receiving regional center service, in need of crisis intervention
services, and who would otherwise be at risk of admission to the
acute crisis center at Fairview Developmental Center, Sonoma
Developmental Center, an acute general hospital, acute psychiatric
hospital, an institution for mental disease, as described in Part 5
(commencing with Section 5900) of Division 5 of the Welfare and
Institutions Code, or an out-of-state placement. A community crisis
home shall have a maximum capacity of eight consumers, as defined in
subdivision (a) of Section 1567.80, shall conform to Section 441.530
(a)(1) of Title 42 of the Code of Federal Regulations, and shall be
eligible for federal Medicaid home- and community-based services
funding.
   (17) "Crisis nursery" means a facility licensed by the department
to operate a program pursuant to Section 1516 to provide short-term
care and supervision for children under six years of age who are
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation.
   (b) "Department" or "state department" means the State Department
of Social Services.
   (c) "Director" means the Director of Social Services.
  SEC. 2.  Section 1516 of the Health and Safety Code is amended to
read:
   1516.  (a) A crisis nursery, as defined in paragraph (17) of
subdivision (a) of Section 1502, shall be licensed by the department
to operate a crisis residential overnight program. Notwithstanding
Section 1596.80, a crisis nursery may also provide crisis day
services.
   (b) A crisis nursery shall be organized and operated on a
nonprofit basis by either a private nonprofit corporation or a
nonprofit public benefit corporation. 
   (c) For purposes of this section, the following definitions shall
apply:  
   (1) "Crisis day services" means temporary, nonmedical care and
supervision for children under six years of age who are voluntarily
placed by a parent or legal guardian due to a family crisis or
stressful situation for less than 24 hours per day. A child may not
receive crisis day services at a crisis nursery for more than 30
calendar days, or a total of 360 hours, in a six-month period unless
the department issues an exception.  
   (2) "Crisis residential overnight program" means short-term,
24-hour nonmedical residential care and supervision, including
overnight, for children under six years of age who are voluntarily
placed by a parent or legal guardian due to a family crisis or
stressful situation for no more than 30 days.  
   (3) "Voluntarily placed" means a child, who is not receiving Aid
to Families with Dependent Children-Foster Care, placed by a parent
or legal guardian who retains physical custody of, and remains
responsible for, the care of his or her children who are placed for
temporary emergency care. "Voluntarily placed" does not include
placement of a child who has been removed from the care and custody
of his or her parent or legal guardian and placed in foster care by a
child welfare services agency.  
   (d) 
    (c)  A facility licensed on or before January 1, 2004,
as a group home for children under six years of age with a licensed
capacity greater than 14 children, but less than 21 children, that
provides crisis nursery services shall be allowed to retain its
capacity if issued a crisis nursery license until there is a change
in the licensee's program, location, or client population. 
   (e) 
    (d)  Each crisis nursery shall collect and maintain
information, in a format specified by the department, indicating the
total number of children placed in the program, the length of stay
for each child, the reasons given for the use of the crisis nursery,
and the age of each child. This information shall be made available
to the department upon request. 
   (f) 
    (e)  Notwithstanding Section 1596.80, a crisis nursery
may provide crisis day services for children under six years of age
at the same site that it is providing crisis residential overnight
services.
   (1) A child shall not receive crisis day services at a crisis
nursery for more than 30 calendar days, maximum of 12 hours per day,
or a total of 360 hours, in a six-month period unless the department
issues an exception to allow a child to receive additional crisis day
services in a six-month period.
   (2) The department, upon receipt of an exception request pursuant
to paragraph (1) and supporting documentation as required by the
department, shall respond within five working days to approve or deny
the request.
   (3) No more than two exceptions, in seven-calendar day or 84-hour
increments, may be granted per child in a six-month period. 
   (g) 
    (f)  A crisis nursery license shall be issued for a
specific capacity determined by the department.
   (1) (A) The maximum licensed capacity for crisis day services
shall be based on 35 square feet of indoor activity space per child.
Bedrooms, bathrooms, halls, offices, isolation areas,
food-preparation areas, and storage places shall not be included in
the calculation of indoor activity space. Floor area under tables,
desks, chairs, and other equipment intended for use as part of
children's activities shall be included in the calculation of indoor
space.
   (B) There shall be at least 75 square feet per child of outdoor
activity space based on the total licensed capacity. Swimming pools,
adjacent pool decking, and natural or man-made hazards shall not be
included in the calculation of outdoor activity space.
   (2) Except as provided in subdivision  (d)  
(c)  , the maximum licensed capacity for a crisis residential
overnight program shall be 14 children.
   (3) A child who has been voluntarily placed in a crisis
residential overnight program shall be included in the licensed
capacity for crisis day services. 
   (h) 
    (g)  Exceptions to group home licensing regulations
pursuant to subdivision (c) of Section 84200 of Title 22 of the
California Code of Regulations, in effect on August 1, 2004, for
county-operated or county-contracted emergency shelter care
facilities that care for children under six years of age for no more
than 30 days, shall be contained in regulations for crisis nurseries.

   (h) For purposes of this section, the following definitions shall
apply:  
   (1) "Crisis day services" means temporary, nonmedical care and
supervision for children under six years of age who are voluntarily
placed by a parent or legal guardian due to a family crisis or
stressful situation for less than 24 hours per day. Crisis day
services shall be provided during a time period defined by the crisis
nursery in its plan of operation, but not to exceed a period of 14
hours per day. The plan of operation shall assure sleeping
arrangements are available for children there after 7 p.m. A child
may not receive crisis day services at a crisis nursery for more than
30 calendar days, or a total of 360 hours, in a six-month period
unless the department issues an exception.  
   (2) "Crisis residential overnight program" means short-term,
24-hour nonmedical residential care and supervision, including
overnight, for children under six years of age who are voluntarily
placed by a parent or legal guardian due to a family crisis or
stressful situation for no more than 30 days.  
   (3) "Voluntarily placed" means a child, who is not receiving Aid
to Families with Dependent Children-Foster Care, placed by a parent
or legal guardian who retains physical custody of, and remains
responsible for, the care of his or her children who are placed for
temporary emergency care. "Voluntarily placed" does not include
placement of a child who has been removed from the care and custody
of his or her parent or legal guardian and placed in foster care by a
child welfare services agency. 
  SEC. 3.  Section 1526.8 of the Health and Safety Code is amended to
read:
   1526.8.  (a) It is the intent of the Legislature that the
department develop modified staffing levels and requirements for
crisis nurseries, provided that the health, safety, and well-being of
the children in care are protected and maintained.
   (1) All caregivers shall be certified in pediatric cardiopulmonary
resuscitation (CPR) and pediatric first aid. Certification shall be
demonstrated by current and valid pediatric CPR and pediatric first
aid cards issued by the American Red Cross, the American Heart
Association, by a training program that has been approved by the
Emergency Medical Services Authority pursuant to Section 1797.191, or
from an accredited college or university.
   (2) The licensee shall 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. The licensee shall
incorporate the training plan in the crisis nursery plan of
operation.
   (3) The licensee shall designate at least one lead caregiver to be
present at the crisis nursery at all times when children are
present. The lead caregiver shall have one of the following education
and experience qualifications:
   (A) Completion of 12 postsecondary semester units or equivalent
quarter units, with a passing grade, as determined by the
institution, in classes with a focus on early childhood education,
child development, or child health at an accredited college or
university, as determined by the department, 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. At least
three semester units, or equivalent quarter units, or equivalent
experience shall include coursework or experience in the care of
infants.
   (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.
   (C) A current and valid Child Development Associate Teacher Permit
issued by the California Commission on Teacher Credentialing
pursuant to Sections 80105 to 80116, inclusive, of Title 5 of the
California Code of Regulations.
   (4) Lead caregivers shall have a minimum of 24 hours of training
and orientation before working with children. One year experience in
a supervisory position in a child care or group care facility may
substitute for 16 hours of training and orientation. The written
staff training plan shall require the lead caregiver to receive and
document a minimum of 20 hours of annual training directly related to
the functions of his or her position.
   (5) Caregiver staff shall complete a minimum of 24 hours of
initial training within the first 90 days of employment. Eight hours
of training shall be completed before the caregiver staff are
responsible for children, left alone with children, and counted in
the staff-to-child ratios described in subdivision (c). A maximum of
four hours of training may be satisfied by job shadowing.
   (b) The department shall allow the use of fully trained and
qualified volunteers as caregivers in a crisis nursery, subject to
the following conditions:
   (1) Volunteers shall be fingerprinted for the purpose of
conducting a criminal record review as specified in subdivision (b)
of Section 1522.
   (2) Volunteers shall complete a child abuse central index check as
specified in Section 1522.1.
   (3) Volunteers shall be in good physical health and be tested for
tuberculosis not more than one year prior to, or seven days after,
initial presence in the facility.
   (4) Volunteers shall complete a minimum of 16 hours of training as
specified in paragraphs (5) and (6).
   (5) Prior to assuming the duties and responsibilities of a crisis
caregiver or being counted in the staff-to-child ratio, volunteers
shall complete at least five hours of initial training divided as
follows:
   (A) Two hours of crisis nursery job shadowing.
   (B) One hour of review of community care licensing regulations.
   (C) Two hours of review of the crisis nursery program, including
the facility mission statement, goals and objectives, child guidance
techniques, and special needs of the client population they serve.
   (6) Within 90 days, volunteers who are included in the
staff-to-child ratios shall do both of the following:
   (A) Acquire a certification in pediatric first aid and pediatric
cardiopulmonary resuscitation.
   (B) Complete at least 11 hours of training covering 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.
   (7) Volunteers who meet the requirements of paragraphs (1), (2),
and (3), but who have not completed the training specified in
paragraph (4), (5), or (6) may assist a fully trained and qualified
staff person in performing child care duties. However, these
volunteers shall not be left alone with children, shall always be
under the direct supervision and observation of a fully trained and
qualified staff person, and shall not be counted in meeting the
minimum staff-to-child ratio requirements.
   (c) The department shall allow the use of fully trained and
qualified volunteers to be counted in the staff-to-child ratio in a
crisis nursery subject to the following conditions:
   (1) The volunteers have fulfilled the requirements in paragraphs
(1) to (6), inclusive, of subdivision (b).
   (2) There shall be at least one fully qualified and employed staff
person on site at all times.
   (3) (A) There shall be at least one employed staff  person
 or volunteer caregiver for each group of six  preschool
age  children, or fraction thereof,  who are 18 months
of age or older,  and one employed staff  person  or
volunteer caregiver for each group of  four infants 
 three children  , or fraction thereof,  who are under
18 months of age  from 7 a.m. to 7 p.m. 
   (B) There shall be at least one paid caregiver or volunteer
caregiver for each group of six children, or fraction thereof, from 7
p.m. to 7 a.m.  
   (B) There shall be at least one employed staff person or volunteer
caregiver for each group of six children, or fraction thereof, who
are 18 months of age or older, and one employed staff person or
volunteer caregiver for each group of four children, or fraction
thereof, who are under 18 months of age from 7 p.m. to 7 a.m. 
   (C) There shall be at least one employed staff person present for
every volunteer caregiver used by the crisis nursery for the purpose
of meeting the minimum caregiver staffing requirements. 
   (D) The crisis nursery's plan of operation shall address how it
will deal with unexpected circumstances related to staffing and
ensure that additional caregivers are available when needed. 
   (d) There shall be at least one staff person or volunteer
caregiver awake at all times from 7 p.m. to 7 a.m.
   (e) (1) When a child has a health condition that requires
prescription medication, the licensee shall ensure that the caregiver
does all of the following:
   (A) Assists children with the taking of the medication as needed.
   (B) Ensures that instructions are followed as outlined by the
appropriate medical professional.
   (C) Stores the medication in accordance with the label
instructions in the original container with the original unaltered
label in a locked and safe area that is not accessible to children.
   (D) Administers the medication as directed on the label and
prescribed by the physician in writing.
   (i) The licensee shall obtain, in writing, approval and
instructions from the child's authorized representative for
administration of the prescription medication for the child. This
documentation shall be kept in the child's record.
   (ii) The licensee shall not administer prescription medication to
a child in accordance with instructions from the child's authorized
representative if the authorized representative's instructions
conflict with the physician's written instructions or the label
directions as prescribed by the child's physician.
   (2) Nonprescription medications may be administered without
approval or instructions from the child's physician if all of the
following conditions are met:
   (A) Nonprescription medications shall be administered in
accordance with the product label directions on the nonprescription
medication container or containers.
   (B) (i) For each nonprescription medication, the licensee shall
obtain, in writing, approval and instructions from the child's
authorized representative for administration of the nonprescription
medication to the child. This documentation shall be kept in the
child's record.
   (ii) The licensee shall not administer nonprescription medication
to a child in accordance with instructions from the child's
authorized representative if the authorized representative's
instructions conflict with the product label directions
                            on the nonprescription medication
container or containers.
   (3) The licensee shall develop and implement a written plan to
record the administration of the prescription and nonprescription
medications and to inform the child's authorized representative
daily, for crisis day services, and upon discharge for overnight
care, when the medications have been given.
   (4) When no longer needed by the child, or when the child is
removed or discharged from the crisis nursery, all medications shall
be returned to the child's authorized representative or disposed of
after an attempt to reach the authorized representative.
  SEC. 4.  Section 1596.792 of the Health and Safety Code is amended
to read:
   1596.792.  This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following:
   (a) Any health facility, as defined by Section 1250.
   (b) Any clinic, as defined by Section 1202.
   (c) Any community care facility, as defined by Section 1502.
   (d) Any family day care home providing care for the children of
only one family in addition to the operator's own children.
   (e) Any cooperative arrangement between parents for the care of
their children when no payment is involved and the arrangement meets
all of the following conditions:
   (1) In a cooperative arrangement, parents shall combine their
efforts so that each parent, or set of parents, rotates as the
responsible caregiver with respect to all the children in the
cooperative.
   (2) Any person caring for children shall be a parent, legal
guardian, stepparent, grandparent, aunt, uncle, or adult sibling of
at least one of the children in the cooperative.
   (3) There can be no payment of money or receipt of in-kind income
in exchange for the provision of care. This does not prohibit in-kind
contributions of snacks, games, toys, blankets for napping, pillows,
and other materials parents deem appropriate for their children. It
is not the intent of this paragraph to prohibit payment for outside
activities, the amount of which may not exceed the actual cost of the
activity.
   (4) No more than 12 children are receiving care in the same place
at the same time.
   (f) Any arrangement for the receiving and care of children by a
relative.
   (g) Any public recreation program. "Public recreation program"
means a program operated by the state, city, county, special
district, school district, community college district, chartered
city, or chartered city and county that meets either of the following
criteria:
   (1) The program is operated only during hours other than normal
school hours for kindergarten and grades 1 to 12, inclusive, in the
public school district where the program is located, or operated only
during periods when students in kindergarten and grades 1 to 12,
inclusive, are normally not in session in the public school district
where the program is located, for either of the following periods:
   (A) For under 20 hours per week.
   (B) For a total of 14 weeks or less during a 12-month period. This
total applies to any 14 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
   In determining "normal school hours" or periods when students are
"normally not in session," the State Department of Social Services
shall, when appropriate, consider the normal school hours or periods
when students are normally not in session for students attending a
year-round school.
   (2) The program is provided to children who are over the age of
four years and nine months and not yet enrolled in school and the
program is operated during either of the following periods:
   (A) For under 16 hours per week.
   (B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
   (3) The program is provided to children under the age of four
years and nine months with sessions that run 12 hours per week or
less and are 12 weeks or less in duration. A program subject to this
paragraph may permit children to be enrolled in consecutive sessions
throughout the year. However, the program shall not permit children
to be enrolled in a combination of sessions that total more than 12
hours per week for each child.
   (h) Extended day care programs operated by public or private
schools.
   (i) Any school parenting program or adult education child care
program that satisfies both of the following:
   (1) Is operated by a public school district or operated by an
individual or organization pursuant to a contract with a public
school district.
   (2) Is not operated by an organization specified in Section
1596.793.
   (j) Any child day care program that operates only one day per week
for no more than four hours on that one day.
   (k) Any child day care program that offers temporary child care
services to parents and that satisfies both of the following:
   (1) The services are only provided to parents and guardians who
are on the same premises as the site of the child day care program.
   (2) The child day care program is not operated on the site of a
ski facility, shopping mall, department store, or any other similar
site identified by the department by regulation.
   (l) Any program that provides activities for children of an
instructional nature in a classroom-like setting and satisfies both
of the following:
   (1) Is operated only during periods of the year when students in
kindergarten and grades 1 to 12, inclusive, are normally not in
session in the public school district where the program is located
due to regularly scheduled vacations.
   (2) Offers any number of sessions during the period specified in
paragraph (1) that when added together do not exceed a total of 30
days when only schoolage children are enrolled in the program or 15
days when children younger than schoolage are enrolled in the
program.
   (m) A program facility administered by the Department of
Corrections and Rehabilitation that (1) houses both women and their
children, and (2) is specifically designated for the purpose of
providing substance abuse treatment and maintaining and strengthening
the family unit pursuant to Chapter 4 (commencing with Section 3410)
of Title 2 of Part 3 of the Penal Code, or Chapter 4.8 (commencing
with Section 1174) of Title 7 of Part 2 of that code.
   (n) Any crisis nursery, as defined in paragraph (17) of
subdivision (a) of Section 1502.
  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.