Bill Text: CA AB74 | 2015-2016 | Regular Session | Enrolled
Bill Title: Child care facilities: regulatory visits.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB74 Detail]
Download: California-2015-AB74-Enrolled.html
BILL NUMBER: AB 74 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY SEPTEMBER 9, 2015
AMENDED IN SENATE SEPTEMBER 2, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JUNE 25, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Calderon
(Coauthors: Assembly Members Brown, Chávez, Cristina Garcia, and
Thurmond)
(Coauthor: Senator Block)
JANUARY 5, 2015
An act to amend Sections 1597.09 and 1597.55a of the Health and
Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 74, Calderon. Child care facilities: regulatory visits.
Under existing law, the State Department of Social Services
regulates the licensure and operation of child day care centers and
family day care homes, and is required to inspect these centers or
homes at least once every 5 years and, beginning January 1, 2017, at
least once every 3 years. Existing law provides that a child day care
center or family day care home is subject to an unannounced
inspection by the department, and requires the department to conduct
an annual unannounced inspection under specified circumstances,
including when a license is on probation, and to conduct annual
unannounced inspections of no less than 20%, and commencing January
1, 2017, 30% of these centers or homes that are not subject to an
inspection under those specified circumstances.
This bill would revise the provisions requiring the department to
conduct annual unannounced inspections of a child day care center or
family day care home by instead requiring the department to conduct
annual unannounced inspections of no less than 20% of those centers
or homes on and after January 1, 2018, and until January 1, 2019. The
bill would also require, on and after January 1, 2018, and until
January 1, 2019, the department to inspect each center or home at
least every 2 years. Beginning January 1, 2019, the bill would
require the department to conduct an annual unannounced inspection of
each child day care center or family day care home.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1597.09 of the Health and Safety Code, as added
by Section 10 of Chapter 20 of the Statutes of 2015, is amended to
read:
1597.09. (a) Each licensed child day care center shall be subject
to unannounced inspections by the department. The department shall
inspect these facilities as often as necessary to ensure the quality
of care provided.
(b) The department shall conduct an annual unannounced inspection
of a licensed child day care center under any of the following
circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
child day care center by the department is no longer at the
facility.
(c) On and after January 1, 2017, and until January 1, 2018, the
department shall do both of the following:
(1) (A) Conduct an annual unannounced inspection of no less than
30 percent of facilities not subject to an evaluation under
subdivision (b).
(B) The unannounced inspections required by subparagraph (A) shall
be conducted based on a random sampling methodology developed by the
department.
(2) Inspect a licensed child day care center at least once every
three years.
(d) On and after January 1, 2018, and until January 1, 2019, the
department shall do both of the following:
(1) (A) Conduct an annual unannounced inspection of no less than
20 percent of facilities not subject to an evaluation under
subdivision (b).
(B) The unannounced inspections required by subparagraph (A) shall
be conducted based on a random sampling methodology developed by the
department.
(2) The department shall inspect a licensed child day care center
at least once every two years.
(e) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all licensed child day care
centers.
(f) This section shall become operative on January 1, 2017.
SEC. 2. Section 1597.55a of the Health and Safety Code, as added
by Section 12 of Chapter 20 of the Statutes of 2015, is amended to
read:
1597.55a. Every family day care home shall be subject to
unannounced inspections by the department as provided in this
section. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.
(a) The department shall conduct an announced site inspection
prior to the initial licensing of the applicant.
(b) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(c) On and after January 1, 2017, and until January 1, 2018, the
department shall do both of the following:
(1) (A) Conduct annual unannounced inspections of no less than 30
percent of facilities not subject to an inspection under subdivision
(b).
(B) These unannounced inspections shall be conducted based on a
random sampling methodology developed by the department.
(2) The department shall inspect a licensed family day care home
at least once every three years.
(d) On and after January 1, 2018, and until January 1, 2019, the
department shall do both of the following:
(1) (A) Conduct annual unannounced inspections of no less than 20
percent of facilities not subject to an inspection under subdivision
(b).
(B) These unannounced inspections shall be conducted based on a
random sampling methodology developed by the department.
(2) Inspect a family day care home at least once every two years.
(e) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all family day care homes.
(f) A public agency under contract with the department may make
spot checks if it does not result in any cost to the state. However,
spot checks shall not be required by the department.
(g) The department or licensing agency shall make an unannounced
site inspection on the basis of a complaint and a followup inspection
as provided in Section 1596.853.
(h) An unannounced site inspection shall adhere to both of the
following conditions:
(1) The inspection shall take place only during the facility's
normal business hours or at any time family day care services are
being provided.
(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
(i) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.
(j) This section shall become operative on January 1, 2017.
