For a more detailed explanation
of any of the following legislative bills go to www.leginfo.ca.gov
Disclaimer: The OCCCA does not
guarantee that the following information represents all legislative
issues relating to family child care providers. Members are encouraged to
read and become informed on issues relating to their profession.
Legislation Analysts Recommendations
The Legislative Analyst’s Office (LAO) has released details on
their recommendations for legislation regarding penalties assessed
against Family Child Care Providers (FCCHs)
which fail to correct a violation in a timely manner or violate a
standard repeatedly in a year. Their rationale is that while current
law states that DSS “may” levy civil penalties for FCCHs, this allows DSS to delegating authority to the
administration, which as a practice does not impose such penalties.
Assessing a civil penalty would provide a key enforcement tool that is
currently used by the state for other facility types. California is one
of 12 states which grants licenses to child care
facilities with no expiration. By instituting a renewal requirement, that
state would have the ability to prevent license renewals for providers
with serious compliance problems or unpaid fines or fees. For
details on this recommendation go to www. lao.ca.gov/2006/rec_legislation/2006_recleg.pdf
Chaptered Bills – Statutes
Chaptered
bills are listed in date order, with most recently chaptered bill first.
The following is intended to give an overview. For more details go to www.leginfo.ca.gov/statute.html
AB633 (Benoit) – Child
care facilities – licensing & notifications
Status:
Chaptered Bill #545 (09/28/06)
Reference:
Health & Safety Code, relating to child day care facilities. See
1596.8595 (a) (2), (b) (2)
This act
makes it a misdemeanor to willfully or repeatedly violate certain
provisions or certain rules or regulations regarding posting of licensing
reports or other appropriate document verifying the licenses”
compliance or noncompliance with the departments order to correct a
deficiency that is subject to posting. Failure to comply shall result in
an immediate civil penalty of $100
AB2196 (Spitzer) –
Registered Sex Offenders Website
Status:
Chaptered #208 (09/06/06)
Requires
family child care providers to provide parents/guardian information about
the availability of Megan’s law website. This notice is to be
posited and given to parents as provided by the State Dept. of Social
Services. The provider is not required to provide any additional
information regarding the location and proximity of registered sex
offenders who reside in the community where the family day care home is
located. This provision shall not subject the provider to any liability
or cause of action against provider by a registered sec offender
identified in the database. www.Meganslaw.com
AB2403 (DeVore)
– Large Family Child Care Permits
Status:
Chaptered #105 (07/21/06)
This
act requires local government to provide a written fee verification and
process timeline for a conditional use permit for large family child care
home, within 45 days of the applicant’s request. Beginning July 1,
2007 the application form for large family day care home permits shall
include a statement of the applicant’s right to request the written
fee verification.
AB1808 (Laird) –
violations, visitation
Status:
Chaptered Bill #375 (07/12/06)
This
act requires the State Department of Social Services to conduct announced
visits to no less than 10% of certain family day care homes. This bill
would increase the percentage of facilities subject to unannounced visits
by the department to 20%.
NOTE:
Our January/February newsletter under public policy indicated that this
bill pertained to announced visits. This information was based on the
legislative digest summary on the legislative web site. THIS INFORMATION
WAS INCORRECT. There was a typographical error on the digest summary. The
facility visits are for UNANNOUCED visits not announced as indicated in
the states web site. Posted: 01/02/07
Current Active Bills – Legal Index
The
following are listed in date order by Last History Date, with the most
recent amended bills listed first. For more details go to www.leginfo.ca.gov/bilinfo.html
Inactive Bills
AB107 (Benoit) –
Inspections of Family Day Care Homes
This
bill would among other things, require the department to specify in its
licensing report all violations that, if not corrected, will have a
direct and immediate risk to the health, safety, or personal rights of
children in care. This bill would increate to 30% the minimum number of
family child care homes subject to an annual unannounced visit.
Topic:
Care facilities
House
location: ASM
Last
Amended: 08/28/06
Last Hist. Act. Date: 11/30/06
Last
History Action: died, concurrence pending
Unofficial
Ballot: Ayes 34. Noes 2 (PASS) 08/28/06
AB2611 (Spitzer) –
Liability insurance penalties
This
act would subject a family day care home that does not provide the
department with proof of insurance or bond or allow inspection of the
affidavits to a civil penalty of $50.
Topic:
Day care homes.
House
location: ASM
Last
Amended: 05/15/06
Last Hist. Act. Date: 11/30/06
Last
History Action: from committee without further action
Unofficial
Ballot: Ayes 7, Noes 0 (PASS) 04/25/06
AB122 (Spitzer) – Liability insurance or bond
An
act to add Section 1597.532 to the Health and Safety Code, relating to
child day care. This act would include that each family day care home
provider submit to the department a provider affidavit under penalty of
perjury that they do or do not carry liability insurance. The affidavit
would include the name(s) of children in the provider’s care. This
affidavit shall be provided to the department annually at the time the
provider pays his or her annual license renewal fees.
Topic:
Family day care.
House
location: ASM
Last Amended:
04/14/05
Last Hist. Act. Date: 01/31/06
Last Hist. Action: Died pursuant to Art. IV, Sec. 10(c) of
the Constitution
Votes
– Roll Call Ayes 7, Noes 0 (PASS)
04/12/05
AB266 (DeVore)
– Large family day care homes; permits
An
act to amend Health & Safety Codes, relating to child day care.
Section 1597.46. The act requires the permit to be granted if the large
family day care home complies with certain local ordinances and that such
permit be processed as economically as possible, with fees charged for
review not to exceed the cost of the review and permit process.
Topic:
Large family day care homes: permits
House
location; ASM
Last
Amended: 01/05/06
Last Hist. Act. Date: 01/05/06
Last Hist. Action: From committee withouth
further action pursuant to Joint Rule 62(a).
Votes
– Roll Call: Ayes 3. Noes 4 (FAIL)
Vetoed Bills
SB697 (Kuehl)
– Collective Bargaining Rights for Family Child Care Providers
Allows
family child care providers to be represented by a collective bargaining
entity who would negotiate with the state and at the local (in areas
under their control) on their behalf. Licensed family child care
providers would be included effective January 2007 and licensed-exempt
providers who receive subsidies would be included effective January 2009.
Allows for the unions to negotiate at the local level for the collection
of union and administration fees by Alternative Payment Programs.
Prohibits the calling of a strike.
