Bill Text: CA SB1264 | 2019-2020 | Regular Session | Amended
Bill Title: Human services.
Spectrum: Bipartisan Bill
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State. Chapter 367, Statutes of 2020. [SB1264 Detail]
Download: California-2019-SB1264-Amended.html
Amended
IN
Senate
May 21, 2020 |
Amended
IN
Senate
May 13, 2020 |
Introduced by (Coauthor: Senator Rubio) |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers, as defined, and family daycare homes, as defined, by the State Department of Social Services. A violation of the act is a crime.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19240 of the Government Code, as amended by Section 2 of Chapter 356 of the Statutes of 2015, is amended to read:19240.
(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.SEC. 2.
Section 19240 of the Government Code, as added by Section 3 of Chapter 356 of the Statutes of 2015, is amended to read:19240.
(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service.SEC. 3.
Section 19241 of the Government Code, as amended by Section 4 of Chapter 356 of the Statutes of 2015, is amended to read:19241.
(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures.SEC. 4.
Section 19241 of the Government Code, as amended by Section 161 of Chapter 86 of the Statutes of 2016, is amended to read:19241.
(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures.SEC. 5.
Section 19241.5 of the Government Code is amended to read:19241.5.
(a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant, except to the extent specifically directed by the board.SEC. 6.
Section 19242 of the Government Code, as amended by Section 7 of Chapter 356 of the Statutes of 2015, is amended to read:19242.
(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate.SEC. 7.
Section 19242 of the Government Code, as added by Section 8 of Chapter 356 of the Statutes of 2015, is amended to read:19242.
(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked.SEC. 8.
Section 19242.05 of the Government Code is amended to read:19242.05.
(a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which those persons seek an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours.SEC. 9.
Section 19242.2 of the Government Code, as amended by Section 10 of Chapter 356 of the Statutes of 2015, is amended to read:19242.2.
(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.SEC. 10.
Section 19242.2 of the Government Code, as added by Section 11 of Chapter 356 of the Statutes of 2015, is amended to read:19242.2.
(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers.SEC. 11.
Section 19242.3 of the Government Code is amended to read:19242.3.
(a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position.SEC. 12.
Section 1565 is added to the Health and Safety Code, to read:1565.
(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(C)The local long-term care ombudsman.
(D)
SEC. 13.
Section 1565.5 is added to the Health and Safety Code, to read:1565.5.
In addition to any other requirement of this chapter, an adult day program, as defined in Section 1502, shall have an emergency and disaster plan that includes, but is not limited to, all of the following:SEC. 14.
Section 1568.044 is added to the Health and Safety Code, to read:1568.044.
(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(C)The local long-term care ombudsman.
(D)
(a)A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:
(1)Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.
(2)Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during
an outage.
(3)Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(4)A contact information list of all of the following:
(A)Emergency response personnel.
(B)The contact information for the regulating entity.
(C)Transportation providers.
(5)At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area.
(6)The location of utility shutoff valves and instructions for use.
(7)Procedures that address, but are not limited to, all of the following:
(A)Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed.
(B)Responding to an individual’s needs if emergency call buttons are
inoperable.
(C)The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency.
(D)Assistance with, and administration of, medications.
(E)Storage and preservation of medications, including the storage of medications that require refrigeration.
(F)The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.
(G)A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs.
(H)Procedures for confirming the location of each individual served by the facility during an emergency response.
(b)If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.
(c)A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals
served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill.
(d)A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date the documentation to indicate that the plan has been reviewed and updated as necessary.
(e)A facility shall have all of the following information readily available during an emergency:
(1)A roster of individuals served by the facility, with the date of birth for each individual.
(2)An appraisal
of needs and services plan for each individual served by the facility.
(3)A medication list for individuals served by the facility with centrally stored medications.
(4)Contact information for the responsible party and physician for each individual served by the facility.
(f)A facility shall have both of the following in place:
(1)An evacuation chair at each stairwell, on or before July 1, 2021.
(2)A set of keys available for use during an evacuation that provides access to all of the following:
(A)All occupied resident units, if applicable.
(B)All
facility vehicles.
(C)All facility exit doors.
(D)All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.
(g)A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential.
(h)An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required.
(i)The regulating entity shall
confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content.
(j)A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.
(k)Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan.
(l)For the purposes of this section, a “facility” means a child daycare facility, as defined in Section 1596.750.
SEC. 16.SEC. 15.
Section 4512 of the Welfare and Institutions Code is amended to read:4512.
As used in this division:(n)“Authorized representative” means an individual appointed by the State Council on Developmental Disabilities pursuant to subdivision (a) of Section 4541, except as otherwise provided.