Orange County Child Care Association

Provide, Promote and Support Quality Licensed Family Child Care

 

  Public Policy

We at the Orange County Child Care Association want to keep our member updated on items relating to the field of family child care. New laws and regulations change often so it is advisable that providers refer to the links within this site for updated information. We will update this site when legislation makes public any changes to these bills.

 

 

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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.

 

 

 

Chaptered Bills

California Statutes are the Chaptered Bills. A bill is "chaptered" by the Secretary of State after it has passed through both houses of the Legislature and has been signed by the Governor or becomes law without the Governor's signature.

 

Abbreviations

AB = Assembly Bills

SB = Senate Bills

 

RESOURCES

 

Child Development Policy Institute

 

Legislative Analyst’s Office (LAO)

 

 

 

Orange County Child Care Association

PO Box 26769

Santa Ana, CA 92799

714.893.0390