BILL NUMBER: SB 401	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Nguyen

                        FEBRUARY 25, 2015

   An act to amend Section 1516 of, and to add Section 1596.810 to,
the Health and Safety Code, relating to day care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 401, as introduced, Nguyen. Day cares.
   Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of child day care
facilities, as defined, and crisis nurseries by the State Department
of Social Services. Existing law requires that the maximum licensed
capacity for those facilities be based on 35 square feet of indoor
activity space per child.
   This bill would exempt those facilities from the 35 square footage
requirement if the facility is located in an office building.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1516 of the Health and Safety Code is amended
to read:
   1516.  (a) A crisis nursery, as defined in paragraph (17) of
subdivision (a) of Section 1502, shall be licensed by the department
to operate a crisis residential overnight program. Notwithstanding
Section 1596.80, a crisis nursery may also provide crisis day
services.
   (b) A crisis nursery shall be organized and operated on a
nonprofit basis by either a private nonprofit corporation or a
nonprofit public benefit corporation.
   (c) A facility licensed on or before January 1, 2004, as a group
home for children under six years of age with a licensed capacity
greater than 14 children, but less than 21 children, that provides
crisis nursery services shall be allowed to retain its capacity if
issued a crisis nursery license until there is a change in the
licensee's program, location, or client population.
   (d) Each crisis nursery shall collect and maintain information, in
a format specified by the department, indicating the total number of
children placed in the program, the length of stay for each child,
the reasons given for the use of the crisis nursery, and the age of
each child. This information shall be made available to the
department upon request.
   (e) Notwithstanding Section 1596.80, a crisis nursery may provide
crisis day services for children under six years of age at the same
site that it is providing crisis residential overnight services.
   (1) A child shall not receive crisis day services at a crisis
nursery for more than 30 calendar days, maximum of 12 hours per day,
or a total of 360 hours, in a six-month period unless the department
issues an exception to allow a child to receive additional crisis day
services in a six-month period.
   (2) The department, upon receipt of an exception request pursuant
to paragraph (1) and supporting documentation as required by the
department, shall respond within five working days to approve or deny
the request.
   (3) No more than two exceptions, in seven-calendar day or 84-hour
increments, may be granted per child in a six-month period.
   (f) A crisis nursery license shall be issued for a specific
capacity determined by the department.
   (1) (A) The maximum licensed capacity for crisis day services
shall be based on 35 square feet of indoor activity space per child.
Bedrooms, bathrooms, halls, offices, isolation areas,
food-preparation areas, and storage places shall not be included in
the calculation of indoor activity space. Floor area under tables,
desks, chairs, and other equipment intended for use as part of
children's activities shall be included in the calculation of indoor
space.  This subparagraph shall not apply to a crisis nursery
that is located in an office building. 
   (B) There shall be at least 75 square feet per child of outdoor
activity space based on the total licensed capacity. Swimming pools,
adjacent pool decking, and natural or man-made hazards shall not be
included in the calculation of outdoor activity space.
   (2) Except as provided in subdivision (c), the maximum licensed
capacity for a crisis residential overnight program shall be 14
children.
   (3) A child who has been voluntarily placed in a crisis
residential overnight program shall be included in the licensed
capacity for crisis day services.
   (g) Exceptions to group home licensing regulations pursuant to
subdivision (c) of Section 84200 of Title 22 of the California Code
of Regulations, in effect on August 1, 2004, for county-operated or
county-contracted emergency shelter care facilities that care for
children under six years of age for no more than 30 days, shall be
contained in regulations for crisis nurseries.
   (h) For purposes of this section, the following definitions shall
apply:
   (1) "Crisis day services" means temporary, nonmedical care and
supervision for children under six years of age who are voluntarily
placed by a parent or legal guardian due to a family crisis or
stressful situation for less than 24 hours per day. Crisis day
services shall be provided during a time period defined by the crisis
nursery in its plan of operation, but not to exceed a period of 14
hours per day. The plan of operation shall assure sleeping
arrangements are available for children there after 7 p.m. A child
may not receive crisis day services at a crisis nursery for more than
30 calendar days, or a total of 360 hours, in a six-month period
unless the department issues an exception.
   (2) "Crisis residential overnight program" means short-term,
24-hour nonmedical residential care and supervision, including
overnight, for children under six years of age who are voluntarily
placed by a parent or legal guardian due to a family crisis or
stressful situation for no more than 30 days.
   (3) "Voluntarily placed" means a child, who is not receiving Aid
to Families with Dependent Children-Foster Care, placed by a parent
or legal guardian who retains physical custody of, and remains
responsible for, the care of his or her children who are placed for
temporary emergency care. "Voluntarily placed" does not include
placement of a child who has been removed from the care and custody
of his or her parent or legal guardian and placed in foster care by a
child welfare services agency.
  SEC. 2.  Section 1596.810 is added to the Health and Safety Code,
immediately following Section 1596.809, to read:
   1596.810.  A child day care facility, other than a family day care
home, shall not be required to meet the square footage requirements
of indoor activity space for child care centers if the facility is
located in an office building.