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

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-Introduced.html

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BILL NUMBER: AB 2228	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 20, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2228, as introduced, 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 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 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 provide that the maximum licensed capacity of 14
children applies to overnight crisis nursery programs. The bill would
instead provide that a crisis nursery may provide crisis day respite
services and that the maximum licensed capacity for crisis day
respite shall be based on 35 square feet of indoor activity space per
child, as prescribed.
   This bill would require that the licensee 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 1516 of the Health and Safety Code is amended
to read:
   1516.  (a) For purposes of this chapter, "crisis nursery" means a
facility licensed by the department to provide short-term, 24-hour
nonmedical residential 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 for no more than 30 days.
   (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) "Voluntary placement," for purposes of this section, 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, as
described in subdivision (a). Voluntary placement 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) (1) Except as provided in paragraph (2), the maximum licensed
capacity for  a   an overnight  crisis
nursery program shall be 14 children.
   (2) A facility licensed on or before January 1, 2004, as a group
home for children under  the age of  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) 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)  (1)    Notwithstanding Section 1596.80, a
crisis nursery may provide  child day care  
crisis day respite  services for children under  the age
of  six years  of age  at the same site as the
crisis nursery.  A child may not receive child day care
services at a crisis nursery for more than 30 calendar days in a
six-month period unless the department issues an exception. A child
who is receiving child day care services shall be counted in the
licensed capacity  . 
   (2) The maximum licensed capacity for crisis day respite 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. 
   (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  the age of  six years  of age
 for no more than 30 days, shall be contained in regulations for
crisis nurseries. 
   (h) This section shall become operative on July 1, 2012. 

  SEC. 2.  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) At all times, at least one caregiver shall have completed
training in pediatric cardiopulmonary resuscitation (CPR) and
pediatric first aid. Completion of training shall be demonstrated by
current and valid pediatric CPR and pediatric first aid cards issued
by the American Red Cross, the American Heart Association, or by a
training program that has been approved by the Emergency Medical
Services Authority pursuant to Section 1797.191.  
   (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, which may
include first aid and CPR and shall be included in the written staff
training plan. 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) 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  eight   five 
hours of initial training divided as follows:
   (A)  Four   Two  hours of crisis nursery
job shadowing.
   (B)  Two hours   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. 
   (5) Within 90 days, volunteers who are included in the
staff-to-child ratios shall complete at least 20 hours of training
divided as follows:  
   (A) Twelve hours of pediatric first aid and pediatric
cardiopulmonary resuscitation.  
   (B) Eight hours of child care health and safety issues. 

   (5) Within 90 days, volunteers who are included in the
staff-to-child ratios shall complete at least eight 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. 
   (6) Volunteers who meet the requirements of paragraphs (1), (2),
and (3), but who have not completed the training specified in
paragraph (4) or (5) 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  , except that volunteers may
supervise napping children without   being under the direct
supervision of staff  .
   (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 (4), 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 or volunteer
caregiver for each group of  three children, or fraction
thereof,   six preschool age children, or fraction
thereof, and one employed staff or volunteer caregiver for each group
of four infants, or fraction thereof,  from 7 a.m. to 7 p.m.
   (B) There shall be at least one paid caregiver or volunteer
caregiver for each group of  four   six 
children, or fraction thereof, 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) 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 as instructed 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 or as
advised by the physician in writing.  
   (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 are administered in accordance
with the product label directions on the nonprescription medication
containers.  
   (B) For each nonprescription medication, the licensee obtains, in
writing, approval and instructions from the child's authorized
representative for the administration of the medication to the child.
This documentation shall be kept in the child's record. The
instructions from the child's authorized representative shall not
conflict with the product label directions on the nonprescription
medication container.  
   (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 day care, and upon discharge for overnight care, when the
medications have been given.  
   (4) When no longer needed by the child, or when the child
withdraws from the center, all medications shall be returned to the
child's authorized representative or disposed of after an attempt to
reach the authorized representative. 
  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.