HomeMy WebLinkAboutMINUTES - 06092015 - C.46RECOMMENDATION(S):
ADOPT a "Support" position on AB 762 (Mullin), as amended: Day Care Centers: Integrated Licensing, a bill that
directs the Department of Social Services (DSS) to create a single license for day care centers serving children from
birth to kindergarten, as recommended by the Legislation Committee.
FISCAL IMPACT:
FISCAL EFFECT:
1) One-time costs to DSS in the range of $210,000 to $250,000 (GF) annually, in 2016 and 2017, assuming two
full-time analyst positions and one part-time office assistant position, to staff and conduct the stakeholder meetings
and meet other requirements of the regulatory process described in the bill. Additional potential costs for travel and
per diem.
2) One-time costs to DSS in the range of $100,000 to $200,000 (GF) for regulatory and policy development due to
the tight timeframe and complex nature of the proposed regulations.
3) Unknown, but potentially significant costs to DSS between January 1, 2018, and December 31, 2018, for case
management workload to manually convert all license types to an integrated license as each license
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/09/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: June 9, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 46
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:June 9, 2015
Contra
Costa
County
Subject:AB 762 (Mullin) Day Care Centers: Integrated Licensing
FISCAL IMPACT: (CONT'D)
becomes eligible for renewal. Additionally, the phase-in approach contained in the bill will require DSS to
maintain parallel licensing and inspection structures during the year-long conversion process.
4) Unknown, but likely minor costs to DSS to educate and train staff for the fee renewal conversion process and
on the new regulations for facility inspection purposes.
5) Potential fee increase for current providers. The bill, as written, creates a dual fee structure for providers with
new applicants paying more than existing providers will pay to convert their existing license. The bill is silent on
whether the lower fee for current providers will persist in future years or whether current providers will pay the
higher fee charged to new applicants going forward.
6) Staff notes that the full extent of the implementation costs will not be known until the new regulations are
developed.
Source: Assembly Appropriations Committee bill analysis
BACKGROUND:
At its May 7, 2015 meeting, the Legislation Committee considered and accepted the recommendation from the
Director of Community Service Bureau, Employment and Human Services to recommend a position of "Support"
to the Board of Supervisors on AB 762.
Introduced: 02/25/2015
Last Amend: 04/08/2015
Disposition: Pending
Location: Assembly Appropriations Committee
Status: 05/28/2015 In ASSEMBLY Committee on APPROPRIATIONS.
SUMMARY: This bill directs the Department of Social Services (DSS) to create a single license for day care
centers serving children from birth to kindergarten. Specifically, this bill:
1) Directs DSS, in consultation with stakeholders including the California Department of Education, to adopt
regulations to develop and implement a single integrated license for a day care center serving children from birth
to kindergarten by January 1, 2018.
2) Requires, during the period of January 1, 2018, to December 1, 2018, an existing day care license to be
converted to a single integrated license upon annual renewal and that, prior to this conversion, a day care center
licensee continue to meet regulatory requirements and inspection standards for the age groups of children
receiving care in that center.
3) States that licensees shall not be required to pay an additional fee for this conversion to a single integrated
license, other than the annual fee, and that a new applicant for a single integrated license may be charged a fee
commensurate with the previous cost for dual licenses.
4) Directs day care centers with an optional toddler program to, beginning January 1, 2016, extend the toddler
component to children up to three years old, and repeals the optional toddler program beginning January 1, 2018.
COMMENTS:
1) Purpose. According to the author, this bill "streamlines the bifurcated child care licensing system by creating a
single license that reduces the administrative burden, removes the 'toddler component' option process, and aids
centers in keeping child care slots filled by preventing the immediate movement of children based on their
birthdate."
2) Background: The California Child Day Care Facilities Act governs the licensure and operation of child day
care centers and family day care homes. This law, and adopted regulations, establish general health and safety
requirements, staff-to-child ratios, and provider training requirements.
The Community Care Licensing Division (CCLD) of DSS is responsible for licensing and monitoring the state's
10,453 day care centers, which, as of June 30, 2014, provided 588,058 child care slots. CCLD is required to
conduct unannounced site visits of all licensed child day care facilities and homes at least once every five years.
CCLD also conducts annual visits of facilities with poor histories of compliance and those that are required to
have yearly visits by federal law. Additionally, 30% of those facilities not required to be inspected yearly are
randomly selected for annual inspection. The Governor's 2015-16 January budget proposal requires DSS to
phase-in increased inspection frequency to once every three years starting January 2017, for all facilities,
including child care facilities.
Infant centers serve children less than two years old, preschool child care centers serve children between the ages
of two and when they start school, and school-age child care centers serve children who have entered the first
grade or are in a child care program exclusively for children in kindergarten and above. A "combination center" is
any combination of centers that is owned and operated by one licensee at a common address. In California,
separate licenses are required for serving infants and for serving preschool-age children. Thus, owner/operators of
combination centers serving both populations must get two licenses and undergo separate inspection and
compliance processes for each license.
In addition, an optional toddler program is available to both centers that serve preschool-age children and centers
that serve infants. These centers can create a special program component for children between the ages of 18 and
30 months; the program has its own staffing ratio and maximum group size requirements, but is considered an
extension of the infant or preschool license and does not require a separate license.
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County would not have a position on the bill.
ATTACHMENTS
Attachment A - Bill Text
AMENDED IN ASSEMBLY APRIL 8, 2015
california legislature—2015–16 regular session
ASSEMBLY BILL No. 762
Introduced by Assembly Member Mullin
(Coauthor: Assembly Member Chávez)
(Coauthor: Senator Hertzberg)
February 25, 2015
An act to add Section 1596.951 to, and to amend and repeal Sections
1596.955 and 1596.956 of, the Health and Safety Code, relating to care
facilities.
legislative counsel’s digest
AB 762, as amended, Mullin. Day care centers: integrated licensing.
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 permit 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 the department to adopt regulations, on or
before January 1, 2018, to develop and implement an a single integrated
license for a day care center serving children from birth to kindergarten.
98
Attachment A
The bill would require an applicant for the integrated license to meet
specified basic requirements in addition to the current safety and care
standards, including, specified staff-child ratios and requirements
pertaining to indoor and outdoor activity space. the regulations to
include age-appropriate transition times, as specified, and a requirement
that an integrated license list the age groups of children being served
at the day care center. The bill would require, between January 1, 2018,
and December 31, 2018, an existing day care center license to be
converted to a single integrated child care license upon annual renewal
of the license, and would require that until a day care center has the
new integrated license, standards for inspection of a day care center
to be based on the current license. The bill would also require a day
care center with a toddler component to extend the toddler component
to serve children 18 months to 3 years, inclusive, years of age and would
repeal the provisions relating to a toddler program component on January
1, 2018. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) In the 1970’s, 1970s, California led the nation in the creation
line 4 of its licensing system for community care facilities, and pioneered
line 5 recognition of the special needs of infants and toddlers with a
line 6 license distinct from preschool-age care.
line 7 (b) While the standard of care in California statute remains
line 8 appropriate, the bifurcation of early care licensing in California
line 9 into two separate licenses is unnecessary and problematic.
line 10 (c) Many states now mandate the standard required in California,
line 11 but without dual-licensing. California is one of only two states in
line 12 the country that employ a separate infant-toddler license. Other
line 13 states employ a single license for early childhood centers,
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— 2 —AB 762
Attachment A
line 1 mandating developmentally appropriate standards based on the
line 2 age of the children served.
line 3 (d) Even in California, family day care homes are not subject
line 4 to the dual license requirement. Only private fee, state and federally
line 5 funded child day care facilities are subject to the dual license
line 6 requirement.
line 7 (e) It is the intent of the Legislature that all of the following are
line 8 required under a new integrated licensing structure:
line 9 (1) Children shall be grouped together by their appropriate
line 10 developmental levels and appropriate staff-child ratio and group
line 11 size regulations shall be followed.
line 12 (2) Children shall transition from age appropriate
line 13 age-appropriate classrooms or program spaces when their
line 14 developmental level is appropriate for such a move.
line 15 (3) A child’s chronological age and the entire group’s need shall
line 16 also be considering factors for such moves.
line 17 (4) All children shall be supervised appropriately by teachers
line 18 and aids aides with appropriate staff qualifications. Toddlers may
line 19 be grouped with either infants or preschoolers as long as the
line 20 requirements applicable to the youngest age group in the group
line 21 are followed.
line 22 (5) Emphasis shall be placed on improving the quality of early
line 23 care and education for children from birth to kindergarten in
line 24 center-based programs.
line 25 (6) Promotion of long-term efficiency within the Community
line 26 Care Licensing Division of the State Department of Social Services
line 27 through the elimination of duplicate paperwork and compliance
line 28 visits to day care centers.
line 29 (7) Inspection of a day care center based on a single integrated
line 30 license rather than on separate visits based on each license to
line 31 increase efficiency and to allow a department analyst to more
line 32 holistically evaluate a day care center which will lead to stronger
line 33 health and safety practices. Those efficiencies will reduce cost
line 34 pressure on the department and allow more providers to operate
line 35 in California, and thus open more spaces for children and parents
line 36 waiting for care.
line 37 SEC. 2. Section 1596.951 is added to the Health and Safety
line 38 Code, to read:
line 39 1596.951. (a) The following definitions shall apply to this
line 40 section:
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AB 762— 3 — Attachment A
line 1 (1) “Young infant” means a child 0 to 9 months of age
line 2 (2) “Mobile infant” means a child 8 to 18 months of age.
line 3 (3) “Toddler” means a child 16 to 36 months of age.
line 4 (4) “Preschooler” means a child 3 years of age to kindergarten
line 5 age.
line 6 (5) “Mixed-age groups” means a group including toddlers and
line 7 infants or toddlers and preschoolers in which the requirements for
line 8 the youngest age group apply.
line 9 (6) “Transition from classroom or program space” means group
line 10 placement that is determined by a child's developmental readiness
line 11 within three months before or after the child's birth date, except
line 12 for a child with developmental delays, and the need of the entire
line 13 group of children.
line 14 (7) “Combination center” means a combination of child care
line 15 center and schoolage child care center or child care center for
line 16 mildly ill children that is owned and operated by one licensee at
line 17 a common address.
line 18 (b) The department shall adopt regulations, on or before January
line 19 1, 2018, to develop and implement an integrated license for a day
line 20 care center serving children from birth to kindergarten. In addition
line 21 to the current safety and care standards, an applicant for the
line 22 integrated license shall meet all of the following basic
line 23 requirements:
line 24 (1)
line 25 Group placement shall be determined by a child's developmental
line 26 readiness within three months before or after the child's birth date,
line 27 except for a child with developmental delays, and the needs of the
line 28 entire group of children.
line 29 (2) The day care center shall observe the following staffing
line 30 ratios at the center:
line 31 (A) The following ratio requirements shall apply to young
line 32 infants and mobile infants:
line 33 (i) There shall be a ratio of one teacher for every four infants
line 34 in attendance.
line 35 (ii) An aide may be substituted for a teacher if both of the
line 36 following conditions are met:
line 37 (I) There is a fully qualified teacher directly supervising no
line 38 more than 12 infants.
line 39 (II) The aide is responsible for the direct care and supervision
line 40 of a group of no more than four infants.
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— 4 —AB 762
Attachment A
line 1 (iii) If children are engaged in activities away from the center,
line 2 there shall be a minimum of one teacher for every two infants in
line 3 attendance. This ratio may include authorized representatives of
line 4 infants in care and adult volunteers to supplement the staff-infant
line 5 ratio.
line 6 (iv) The director and the assistant director may be counted in
line 7 the staff-infant ratio if he or she is actually working with infants.
line 8 (v) There shall be one teacher to visually observe every 12
line 9 sleeping infants if the remaining staff necessary to meet the ratios
line 10 specified in this section are immediately available at the center.
line 11 (vi) An aide who is 18 years of age or older, and who meets the
line 12 requirements in clause (ii), may visually observe 12 sleeping infants
line 13 in place of a teacher.
line 14 (vii) A center shall provide for the overlap of staff for different
line 15 shifts so that continuity of care is assured.
line 16 (B) The following requirements shall apply to toddlers:
line 17 (i) There shall be a ratio of one teacher for every six children
line 18 in attendance.
line 19 (ii) An aide who is participating in on-the-job training may be
line 20 substituted for a teacher if the aide is directly supervised by a
line 21 teacher.
line 22 (iii) The maximum group size with two teachers, or one teacher
line 23 and one aide, shall not exceed 12 toddlers.
line 24 (iv) There shall be one teacher to visually observe every 12
line 25 sleeping toddlers if the remaining staff necessary to meet the ratios
line 26 and group size requirements in this section are immediately
line 27 available at the center.
line 28 (v) An aide who is 18 years of age or older, and who meets the
line 29 requirements in clause (ii), may visually observe 12 sleeping
line 30 toddlers in place of a teacher.
line 31 (vi) A center shall provide for overlap of staff for different shifts
line 32 so that continuity of care is assured.
line 33 (C) The following requirements shall apply to preschoolers:
line 34 (i) There shall be a ratio of one teacher for every 12 children in
line 35 attendance.
line 36 (ii) The number of children in attendance shall not exceed
line 37 licensed capacity.
line 38 (iii) If children are engaged in activities outside of the center,
line 39 there shall be one teacher for every 12 children. However, because
line 40 activities outside of the center pose additional hazards to children,
98
AB 762— 5 — Attachment A
line 1 the center shall make an effort to have a ratio of one adult for every
line 2 6 children through the use of adult volunteers.
line 3 (iv) The center may use aides in a teacher-child ratio of one
line 4 teacher and one aide for 15 preschoolers in attendance.
line 5 (v) A teacher-child ratio of one teacher supervising 24 napping
line 6 children is permitted if the remaining teachers necessary to meet
line 7 the overall ratio and group size requirements are immediately
line 8 available at the center.
line 9 (vi) A teacher aide who is 18 years of age or older, and who
line 10 meets the requirements listed above may supervise 24 napping
line 11 children in place of a teacher. There shall be provision for overlap
line 12 of staff for different shifts so that continuity of care is assured.
line 13 (D) The following requirements shall apply to mixed age groups:
line 14 (i) If groups of children of two age categories are commingled
line 15 and the younger age group exceeds 50 percent of the total number
line 16 of children present, the ratios for the entire group must meet the
line 17 ratios required for the younger age group.
line 18 (ii) If the younger age group does not exceed 50 percent of the
line 19 total number of the children present, the teacher-child and
line 20 adult-child ratios shall be computed separately for each group.
line 21 (3) The day care center shall observe the following staffing
line 22 ratios at the center during water activities:
line 23 (A) The requirements for young infants and mobile infants are
line 24 as follows:
line 25 (i) A ratio of one adult to two infants shall be maintained during
line 26 activities in or near any body of water.
line 27 (ii) A ratio of one staff member to every four infants shall be
line 28 maintained during activities in or near any container of water that
line 29 a child can get into and get out of unassisted. This shall include,
line 30 but not be limited to, wading pools, basins, or water trays.
line 31 (iii) The ratio may include authorized representatives of infants
line 32 in care and adult volunteers to supplement the staff-infant ratio.
line 33 (B) The requirements for toddlers are as follows:
line 34 (i) A ratio of one adult to two toddlers shall be maintained during
line 35 activities in or near any body of water.
line 36 (ii) A ratio of one staff member to every four toddlers shall be
line 37 maintained during activities in or near any container of water that
line 38 a child can get into and get out of unassisted. This shall include,
line 39 but not be limited to, wading pools, basins, or water trays.
98
— 6 —AB 762
Attachment A
line 1 (iii) This ratio may include authorized representatives of toddlers
line 2 in care and adult volunteers to supplement the staff-toddler ratio.
line 3 (C) The requirements for preschoolers are as follows:
line 4 (i) There shall be at least one adult, who has a valid water-safety
line 5 certificate on file at the center, present.
line 6 (ii) During water activities in or near any of the following bodies
line 7 of water, a ratio of not less than one adult, including teachers, to
line 8 every six children, or fraction thereof, shall be maintained during
line 9 water activities in or near any of the following bodies of water:
line 10 (I) Swimming pool.
line 11 (II) Any portable pool with sides so high that children using the
line 12 pool cannot step out unassisted by a person or device, including,
line 13 but not limited to, a ladder.
line 14 (III) Potentially dangerous natural bodies of water including,
line 15 but not limited to, oceans, lakes, rivers, and streams.
line 16 (iii) Lifeguards or personnel supervising anyone other than
line 17 center children at the water activity site shall not be included in
line 18 this ratio.
line 19 (D) The requirements for mixed, age groups are as follows:
line 20 (i) If groups of children of two age categories are commingled
line 21 and the younger age group exceeds 50 percent of the total number
line 22 of children present, the ratios for the entire group shall meet the
line 23 ratios and requirements for the younger age group.
line 24 (ii) If the younger age group does not exceed 50 percent 50 of
line 25 the total number of the children present, the teacher-child and
line 26 adult-child ratios shall be computed separately for each group.
line 27 (4) The day care center shall maintain the staff-child ratio for
line 28 all age groups specified in paragraph (2) while transporting children
line 29 in motor vehicles. The ratio shall be maintained whether the vehicle
line 30 is moving or parked. Children in motor vehicles shall have constant
line 31 adult supervision and shall not be left unattended under any
line 32 circumstances.
line 33 (5) The outdoor activity space at the day care center shall meet
line 34 all of the following requirements:
line 35 (A) Except as provided in subparagraph (D), the outdoor activity
line 36 space for one age group shall be physically separate from space
line 37 used by the other age groups.
line 38 (B) The outdoor activity space shall be equipped with a variety
line 39 of age-appropriate toys and equipment.
98
AB 762— 7 — Attachment A
line 1 (C) For infants, placement of playpens shall not create hazards
line 2 to other infants or adults in the play area.
line 3 (D) (i) If groups of children of two age categories are
line 4 commingled and the younger age group exceeds 50 percent of the
line 5 total number of children present, the age-appropriate toys and
line 6 equipment shall meet the requirements for the younger age group.
line 7 (6) The indoor activity space at the day care center shall meet
line 8 all of the following requirements:
line 9 (A) The requirements for young infants and mobile infants are
line 10 as follows:
line 11 (i) Indoor activity space for infants shall be physically separate
line 12 from space used by toddlers and preschoolers.
line 13 (ii) The center may use moveable walls or partitions to separate
line 14 the age groups in the same room if each group has the total amount
line 15 of square footage for indoor activity space required by this chapter.
line 16 (iii) Moveable walls or partitions, if used, shall be at least four
line 17 feet high, constructed of sound-absorbing material, and designed
line 18 to minimize the risk of injury to infants.
line 19 (iv) The calculation of indoor activity space for infants shall
line 20 not include space designated and used for cribs.
line 21 (v) The sleeping area for infants shall be physically separate
line 22 from the indoor activity space. This separation shall be
line 23 accomplished as specified in clause (iii).
line 24 (vi) The various child care center components in a combination
line 25 center may share office space, food preparation space, storage
line 26 space and any other general-purpose space.
line 27 (vii) The indoor activity space shall be equipped with a variety
line 28 of age-appropriate washable toys and equipment.
line 29 (B) The toddler and preschool programs shall be conducted in
line 30 areas physically separate from those used by older or younger
line 31 children, except when a planned activity is being conducted
line 32 between two or more age groups. A plan to alternate use of outdoor
line 33 play space is allowed.
line 34 (C) If groups of children of two age categories are commingled
line 35 and the younger age group exceeds 50 percent of the total number
line 36 of children present, the indoor activity space requirements for the
line 37 entire group shall meet the indoor activity space requirements
line 38 required for the younger age group.
line 39 SEC. 2. Section 1596.951 is added to the Health and Safety
line 40 Code, to read:
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— 8 —AB 762
Attachment A
line 1 1596.951. (a) The department shall, in consultation with
line 2 stakeholders, adopt regulations on or before January 1, 2018, to
line 3 develop and implement a single integrated license for a day care
line 4 center serving children from birth to kindergarten. Regulations
line 5 adopted pursuant to this section shall include both of the following:
line 6 (1) Age-appropriate transition periods that do all of the
line 7 following:
line 8 (A) Allow children to transition from one age group to another
line 9 age group up to three months before or three months after their
line 10 birthday.
line 11 (B) Take the needs of the whole age group into consideration
line 12 in order to move children together.
line 13 (C) Consider continuity of care of the children and parents
line 14 being served.
line 15 (D) Consider the needs of the day care center licensees to
line 16 maximize spaces being used.
line 17 (2) A requirement that an integrated license being issued to a
line 18 new or current day care center licensee list the age groups of
line 19 children being served at the day care center for the purposes of
line 20 license inspections, data collection management, and county needs
line 21 assessments.
line 22 (b) (1) Between January 1, 2018, and December 31, 2018, a
line 23 day care center license shall be converted to a single integrated
line 24 child care license upon annual renewal of the license. The licensee
line 25 shall not be required to pay an additional fee to replace an existing
line 26 license with the new single integrated license other than the annual
line 27 licensing fee. A new applicant for a single integrated license may
line 28 be charged a fee commensurate with the previous cost for dual
line 29 licenses.
line 30 (2) Until an existing day care center license has been replaced
line 31 with an integrated license, a day care center licensee shall
line 32 maintain a day care center that meets regulatory standards for
line 33 the age groups of children that are being cared for at the day care
line 34 center, and standards for inspection of a day care center shall be
line 35 based on the current license.
line 36 (c) Stakeholders consulted in adopting regulations pursuant to
line 37 this section shall include, but are not limited to, the State
line 38 Department of Education, California Association for the Education
line 39 of Young Children, Early Edge California, First 5 California,
line 40 Children Now, Alliance for Early Success, California Head Start
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AB 762— 9 — Attachment A
line 1 Association, California Child Development Administrators
line 2 Association, California Child Care Resource and Referral Network,
line 3 California Child Care Coordinators Association, Infant
line 4 Development Association, the Western Office of Zero to Three,
line 5 L.A. Alliance, Title 5 funded providers, and private providers.
line 6 SEC. 3. Section 1596.955 of the Health and Safety Code is
line 7 amended to read:
line 8 1596.955. (a) The department shall develop guidelines and
line 9 procedures to permit licensed child day care centers serving
line 10 preschool age children to create a special program component for
line 11 children between the ages of 18 months 18 and 30 months of age.
line 12 This optional toddler program shall be subject to the following
line 13 basic conditions:
line 14 (1) An amended application is submitted to and approved by
line 15 the department.
line 16 (2) No child shall be placed in the preschool program before
line 17 the age of 30 months without parental permission. A child who is
line 18 more than 30 months of age may participate in the toddler program
line 19 with parental permission.
line 20 (3) Parents give permission for the placement of their children
line 21 in the toddler program.
line 22 (4) A ratio of six children to each teacher is maintained for all
line 23 children in attendance at the toddler program. An aide who is
line 24 participating in on-the-job training may be substituted for a teacher
line 25 when directly supervised by a fully qualified teacher.
line 26 (5) The maximum group size, with two teachers, or one fully
line 27 qualified teacher and one aide, does not exceed 12 toddlers.
line 28 (6) The toddler program is conducted in areas separate from
line 29 those used by older or younger children. Plans to alternate use of
line 30 outdoor play space may be approved to achieve separation.
line 31 (7) All other preschool regulations are complied with.
line 32 (b) The toddler program shall be considered an extension of the
line 33 preschool license, without the need for a separate license.
line 34 (c) The department shall immediately prepare proposed
line 35 regulations for public hearing which would consider the foregoing
line 36 basic conditions as well as any additional health and safety
line 37 safeguards deemed necessary for this age group.
line 38 (d) The guidelines in subdivision (a) shall remain in force and
line 39 effect only until regulations implementing this section are adopted
line 40 by the department.
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— 10 —AB 762
Attachment A
line 1 (e) Commencing January 1, 2016, a day care center with a
line 2 toddler component pursuant to this section shall extend the toddler
line 3 component to serve children between 18 months to three years of
line 4 age of age. It is the intent of the Legislature to provide continuity
line 5 of care to California’s children and parents in the implementation
line 6 of this subdivision.
line 7 (e)
line 8 (f) This section shall remain in effect only until January 1, 2018,
line 9 and as of that date is repealed, unless a later enacted statute, that
line 10 is enacted before January 1, 2018, deletes or extends that date.
line 11 SEC. 4. Section 1596.956 of the Health and Safety Code is
line 12 amended to read:
line 13 1596.956. (a) The department shall develop guidelines and
line 14 procedures to authorize licensed child day care centers serving
line 15 infants to create a special program component for children between
line 16 the ages of 18 months 18 and 30 months of age. The optional
line 17 toddler program shall be subject to the following basic conditions.
line 18 conditions:
line 19 (1) An amended application shall be submitted to and approved
line 20 by the department.
line 21 (2) No A child under the age of younger than 18 months not
line 22 shall be moved into the toddler program. A child who is more
line 23 older than 18 months of age shall not be required to be in the
line 24 toddler program.
line 25 (3) Parents shall give permission for the placement of their
line 26 children in the toddler program.
line 27 (4) A ratio of six children to each teacher shall be maintained
line 28 for all children in attendance at the toddler program. An aide who
line 29 is participating in on-the-job-training on-the-job training may be
line 30 substituted for a teacher when directly supervised by a fully
line 31 qualified teacher.
line 32 (5) The maximum group size, with two teachers, or one fully
line 33 qualified teacher and one aide, shall not exceed 12 toddlers.
line 34 (6) The toddler program shall be conducted in areas separate
line 35 from those used by older or younger children. Plans to alternate
line 36 use of outdoor play space may be approved to achieve separation.
line 37 (7) All other infant center regulations shall be complied with.
line 38 (b) The toddler program shall be considered an extension of the
line 39 infant center license, without the need for a separate license.
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line 1 (c) The department shall immediately prepare proposed
line 2 regulations for public hearing that would consider the foregoing
line 3 basic conditions as well as any additional health and safety
line 4 safeguards deemed necessary for this age group.
line 5 (d) The guidelines in subdivision (a) shall remain in force and
line 6 effect only until regulations implementing this section are adopted
line 7 by the department.
line 8 (e) Commencing January 1, 2016, a day care center with a
line 9 toddler component pursuant to this section shall extend the toddler
line 10 component to serve children between 18 months to three years of
line 11 age. It is the intent of the Legislature to provide continuity of care
line 12 to California’s children and parents in the implementation of this
line 13 subdivision.
line 14 (e)
line 15 (f) This section shall remain in effect only until January 1, 2018,
line 16 and as of that date is repealed, unless a later enacted statute, that
line 17 is enacted before January 1, 2018, deletes or extends that date.
line 18 SEC. 5. No reimbursement is required by this act pursuant to
line 19 Section 6 of Article XIIIB of the California Constitution because
line 20 the only costs that may be incurred by a local agency or school
line 21 district will be incurred because this act creates a new crime or
line 22 infraction, eliminates a crime or infraction, or changes the penalty
line 23 for a crime or infraction, within the meaning of Section 17556 of
line 24 the Government Code, or changes the definition of a crime within
line 25 the meaning of Section 6 of Article XIIIB of the California
line 26 Constitution.
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Attachment A