Bill Text: CA AB262 | 2023-2024 | Regular Session | Amended

California Assembly Bill 262

Bill Title: Children’s camps: safety and regulation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-09-11 - Ordered to inactive file at the request of Assembly Member Holden. [AB262 Detail]

Download: California-2023-AB262-Amended.html

Amended IN Senate September 01, 2023

Amended IN Assembly April 18, 2023

Amended IN Assembly March 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 262

Introduced by Assembly Member Holden

January 19, 2023

An act to add Division 2.1 (commencing with Section 1796.90) to the Health and Safety Code, relating to children’s camps.

LEGISLATIVE COUNSEL'S DIGEST

AB 262, as amended, Holden. Children’s camps: safety and regulation.

Existing law, the California Community Care Facilities Act, generally provides for the licensing and regulation of community care facilities, including child daycare facilities, by the State Department of Social Services. Existing law also requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, defined as a site with a program and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives, for 5 days or more during one or more seasons of the year, except as specified.

This bill would require the State Department of Social Services to convene and consult with a stakeholder group on children’s camp safety. The bill would require the stakeholder group to be composed of representatives of designated state entities, including, but not limited to, the State Department of Public Health and the State Department of Education, and other stakeholders, such as parent advocate groups, children’s advocates and safety groups, and local parks and health departments. The bill would require the department, ~~by June 1, 2025, to issue its recommendations, as informed by the stakeholder group,~~ following consultation with the stakeholder group, and within 24 months after funds are appropriated, to submit its recommendations in a report to the ~~Legislature.~~ Legislature, as specified. The bill would require the recommendations to address, among other things, a definition for a children’s camp, child supervision requirements, requirements for camp licensure and regulation, and the government agency or agencies necessary to establish and enforce rules and regulations relating to children’s camps, as specified. The bill would require the report to include costs estimates for implementation of the recommendations included in the report. The bill also would require the department to draft preliminary regulations based on the recommendations provided to the Legislature, as specified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Division 2.1 (commencing with Section 1796.90) is added to the Health and Safety Code, to read:

DIVISION 2.1. CHILDREN’S CAMPS

1796.90.

The State Department of Social Services shall convene and consult with a stakeholder group on children’s camp safety. The stakeholder group shall include members from all of the following:

(a) The State Department of Public Health.

(b) The State Department of Education.

(d) The Department of Parks and ~~Recreation~~ Recreation.

(e) Parent advocate groups.

(f) Children’s advocates and safety groups.

(g) For-profit and nonprofit recreational camps.

(h) Local city and county parks departments and special district parks departments.

(i) Local health departments and local environmental health departments.

(j) Emergency service professionals.

(k) Academic researchers.

(l) Firearm instructors.

1796.91.

(a) ~~By June 1, 2025, the State Department of Social Services shall issue its recommendations, as informed by the stakeholder group, in a report to the Legislature.~~ Following consultation with the stakeholder group pursuant to Section 1796.90, and within 24 months after funds are appropriated by the Legislature to the State Department of Social Services for this purpose, the department shall submit its recommendations in a report to the Legislature. At a minimum, the report shall include recommendations for all of the following:

(1) The definition of a children’s camp.

(2) Child supervision requirements, including, but not limited to, child-to-counselor ratios and background checks, as appropriate, for administrators, employees, and volunteers.

(3) Physical facility standards, including, but not limited to, facility maintenance requirements and minimization of hazards.

(4) Graduated requirements for camp licensure, regulation, or both, according to the following criteria:

(A) The length of time children are under camp supervision and away from the parent or caregiver.

(B) The inherent risks of the activities offered at the camp.

(5) Appropriate qualifications for camp administrators, employees, and volunteers, taking into consideration factors, including, but not limited to, both of the following:

(A) Specialized training for activities that carry an inherent or heightened risk, including, but not limited to, the following:

(i) Gun ranges.

(ii) Horseback riding.

(iii) Swimming.

(B) Emergency training, including, but not limited to, CPR and treatment for allergic reactions.

(6) Providing parents and caregivers with accessible and transparent camp information, including, but not limited to, camp safety history and written camp safety and emergency plans.

(7) The government agency or agencies necessary to establish and enforce rules and regulations relating to children’s camps, pursuant to the stakeholder group’s recommendations.

(b) The report shall include cost estimates for implementation of the recommendations included in subdivision (a).

(c) The department shall draft preliminary regulations relating to children’s camps, based on the recommendations provided in the department’s report to the Legislature pursuant to subdivision (b). It is the intent of the Legislature that the department shall revise the regulations drafted pursuant to this subdivision to conform with future legislation relating to children’s camps, as enacted by the Legislature, and adopt those regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
~~(c)~~

(d) (1) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(2) The requirement to submit a report pursuant to this section is inoperative on June 1, 2029, pursuant to Section 10231.5 of the Government Code.