Bill Text: CA AB762 | 2015-2016 | Regular Session | Chaptered
Bill Title: Day care centers: toddler programs.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-09-30 - Chaptered by Secretary of State - Chapter 373, Statutes of 2015. [AB762 Detail]
Download: California-2015-AB762-Chaptered.html
BILL NUMBER: AB 762 CHAPTERED
BILL TEXT
CHAPTER 373
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2015
APPROVED BY GOVERNOR SEPTEMBER 30, 2015
PASSED THE SENATE AUGUST 27, 2015
PASSED THE ASSEMBLY AUGUST 31, 2015
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JULY 16, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Mullin
(Coauthors: Assembly Members Chávez and Cristina Garcia)
(Coauthor: Senator Hertzberg)
FEBRUARY 25, 2015
An act to amend Sections 1596.955 and 1596.956 of the Health and
Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 762, Mullin. Day care centers: toddler programs.
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 program
to extend the toddler program to serve children between 18 months and
3 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.
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 18 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) Parents give permission for the placement of their children in
the toddler program.
(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.
(4) The maximum group size, with two teachers, or one fully
qualified teacher and one aide, does not exceed 12 toddlers.
(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.
(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
program described in this section shall extend the toddler program to
serve children between 18 months and 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. 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
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
program described in this section shall extend the toddler program to
serve children between 18 months and 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. 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.
