The first law is in regards to 5 year inspections. Or 10% ramdom selections of child care homes.
Read it carefully.
AB1752 contains provisions to changes the number of required licensing visits.
SEC. 17. Section 1597.55a of the Health and Safety Code is amended
to read:
1597.55a.
Every family day care home shall be subject to
unannounced visits by the department as provided in this section.
The
department shall visit these facilities as often as necessary to
ensure the quality of care provided.
(a) The department shall conduct an announced site visit prior to
the initial licensing of the applicant.
(b) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require
an annual evaluation.
(3) When an accusation against a licensee is pending.
(4) In order to
verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.
(c) The department shall conduct annual unannounced visits to no
less than 10 percent
of facilities not subject to an evaluation under
subdivision (b). These unannounced visits shall be conducted based
on
a random sampling methodology developed by the department.
If the total citations issued by the department exceed the previous year's
total by 10 percent, the following year
the department shall increase
the random sample by 10 percent of the facilities not subject to an
evaluation under subdivision
(b). The department may request
additional resources to increase the random sample by 10 percent.
(d) Under no circumstance shall the department visit a licensed
family day care home less often than once every
five years.
(e) A public agency under contract with the department may make
spot checks if it does not result in any cost
to the state. However,
spot checks shall not be required by the department.
(f) The department or
licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in
Section 1596.853.
(g) An unann
ounced site visit shall adhere to both of the
following conditions:
(1) The visit shall take place only during the facility's normal
business hours or at any time family day care services
are being
provided.
(2) The inspection of the facility shall be limited to those parts
of the facility
in which family day care services are provided or to
which the children have access.
(h) The department
shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section
18285.5 of the Welfare and Institutions Code.
The following law regards 5 year olds in care. Read it carefully.
An act to amend Sections 1597.44 and 1597.465 of the Health and
Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 529, Mullin. Family day care homes.
The California Child Day Care Facilities Act, provides for the
licensing and regulation
of child day care facilities, including
family day care homes, by the State Department of Social Services.
Existing
law authorizes a small family day care home to provide day
care for more than 6 and up to 8 children if certain conditions
are
met.
Existing law also authorizes a large family day care home to
provide day care for more than
12 children and up to and including 14
children if certain conditions are met. One of these conditions
applicable
to both small and large family day care homes is that at
least 2 of the children be at least 6 years of age.
This bill would instead allow the above referred condition to be
met if at least one child is enrolled in and attending
kindergarten
or elementary school and a 2nd child is at least 6 years of age.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1597.44 of the Health and Safety Code is
amended to read:
1597.44. A small family day care home may provide care for more
than six and up to eight children, without an additional
adult
attendant, if all of the following conditions are met:
(a) At least one child is enrolled in and
attending kindergarten
or elementary school and a second child is at least six years of age.
(b) No more than two infants are cared for during any time when
more than six children are cared for.
(c) The licensee notifies each parent that the facility is caring
for two additional schoolage children and that there
may be up to
seven or eight children in the home at one time.
(d) The licensee obtains the written consent
of the property owner
when the family day care home is operated on property that is leased
or rented.
SEC.
2. Section 1597.465 of the Health and Safety Code is amended
to read:
1597.465. A large family day care home may provide care for more
than 12 children
and up to and including 14 children, if all of the
following conditions are met:
(a) At least one child
is enrolled in and attending kindergarten
or elementary school and a second child is at least six years of age.
(b) No more than three infants are cared for during any time when
more than 12 children are being cared
for.
(c) The licensee notifies a parent that the facility is caring for
two additional schoolage children
and that there may be up to 13 or
14 children in the home at one time.
(d) The licensee obtains the written
consent of the property owner
when the family day care home is operated on property that is leased
or rented.
