Bill Text: CA AB772 | 2023-2024 | Regular Session | Amended

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Bill Title: Child day care facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-01-18 - In Senate. Read first time. To Com. on RLS. for assignment. [AB772 Detail]

Download: California-2023-AB772-Amended.html

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Amended  IN  Assembly  January 03, 2024

Amended  IN  Assembly  April 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 772

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Introduced by Assembly Member Jackson

February 13, 2023

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An act to amend Section 16165 of the Welfare and Institutions 1596.799 of the Health and Safety Code, relating to foster children. care facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 772, as amended, Jackson. State Foster Care Ombudsperson. Child day care facilities.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing law generally requires child daycare facilities that are licensed by the State Department of Social Services to require proof of each child’s immunizations, including tuberculosis testing, and to maintain files of this proof on the premises, but exempts from these requirements any child daycare center that exclusively offers a program of services for which there is no contract or agreement between the parent and the center for the regular care of the child, and there is no prearranged schedule of care for any child. Existing law requires parents using these exempt child daycare centers to sign a form acknowledging that they understand the center is not required to verify immunizations and tuberculosis testing for any children accepted for care.

This bill would include physician’s assessments in the list of documents that the child daycare centers described above are exempt from verifying and maintaining. The bill would also require the parental acknowledgment form described above to also include physician’s assessments.

Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children. Existing law authorizes the ombudsperson, as part of the office’s efforts to resolve complaints related to foster care, to conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary, including access to, and investigation of, premises within the control of a state or local agency or a contractor with a state and local agency, and access to, and inspection of, a licensed or approved children’s residential facility at any time, upon providing identification.

Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care and residential facilities, including specified residential facilities that provide care for foster youth. Under existing law, the definition of a community care facility includes children’s residential facilities, foster family agencies, foster family homes, and small family homes.

This bill would specify that for purposes of the ombudsperson’s access and inspection authority, “children’s residential facility” also includes foster family agencies, foster family homes, and small family homes, as defined in the California Community Care Facilities Act.

Existing law additionally requires the ombudsperson to submit a written plan to the relevant state or county agency, or a contractor with the state or local agency, recommending a course of action to resolve a complaint. If the ombudsperson makes a written recommendation, existing law requires the state or county agency, or contractor, to submit a written response to the ombudsperson within 30 calendar days.

This bill would extend the deadline for that written response to 30 business days.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 1596.799 of the Health and Safety Code is amended to read:

1596.799.

 (a) Notwithstanding Section 1597.05 or any other provision of law, any day care center that exclusively offers a program of services for which there is no contract or agreement between any parent and the center for the regular care of any child, and for which there is no prearranged schedule of care for any child, shall not be required to do either of the following:

(1) Verify a physician’s assessment, children’s immunizations immunizations, or tuberculosis testing.

(2) Maintain files regarding a physician’s assessment, children’s immunizations immunizations, or tuberculosis testing.

(b) Upon admission of a child, the parent shall sign an acknowledgment that he or she understands they understand that verification of immunizations and tuberculosis testing immunizations, tuberculosis testing, and a physician’s assessment is not required for any child accepted in this type of program.

(c) This section shall not be construed to exempt a day care center from any other licensing requirement.

SECTION 1.Section 16165 of the Welfare and Institutions Code is amended to read:

16165.

As part of the office’s efforts to resolve complaints related to foster care, the ombudsperson may do all of the following:

(a)Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.

(b)Conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary, including, but not limited to, both of the following:

(1)Access to, and inspection of, premises within the control of a state or local agency or a contractor with a state and local agency, and access to, and inspection of, a licensed or approved children’s residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.

(A)For purposes of this section, “access” means the right to do all of the following:

(i)Enter any licensed or approved children’s residential facility, as defined in paragraph (1), (4), (5), or (6) of subdivision (a) of Section 1502 of the Health and Safety Code, upon providing identification.

(ii)Communicate privately and without restriction with any resident, caregiver, personnel, or volunteer.

(iii)Review and copy any resident record or caregiver file.

(iv)Observe all resident and staff areas of a facility.

(v)Review and reproduce administrative records, policies, and documents of any licensed or approved children’s residential care facility.

(vi)Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.

(vii)Interview all relevant witnesses.

(B)For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.

(2)Observe proceedings and attend hearings, consistent with Section 346.

(c)Attempt to resolve the complaint.

(d)Submit a written plan to the relevant state or county agency, or a contractor with the state or local agency, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state or county agency, or contractor, shall submit a written response to the ombudsperson within 30 business days.