Amended  IN  Assembly  April 18, 2023
Amended  IN  Assembly  March 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 262

Introduced by Assembly Member Holden

January 19, 2023

An act to add Division 2.1 (commencing with Section 1796.90) to the Health and Safety Code, relating to children’s camps.


LEGISLATIVE COUNSEL'S DIGEST


AB 262, as amended, Holden. Children’s camps: safety and regulation.
Existing law, the California Community Care Facilities Act, generally provides for the licensing and regulation of community care facilities, including child daycare facilities, by the State Department of Social Services. Existing law also requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, defined as a site with a program and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives, for 5 days or more during one or more seasons of the year, except as specified.
This bill would require the State Department of Social Services to establish and lead a stakeholder workgroup to inform department regulations for children’s camps. The bill would define a “children’s camp” for these purposes as a program that offers daytime or overnight experiences administered by adults, that provides social, cultural, educational, recreational, or artistic programming to more than 5 children between 3 and 17 years of age for 5 days or longer, with specified exceptions. convene and consult with a stakeholder group on children’s camp safety. The bill would require the stakeholder group to be composed of representatives of designated state entities, including, but not limited to, the State Department of Public Health and the State Department of Education. The bill would require the department to consult with other stakeholders, as needed, Education, and other stakeholders, such as parent advocate groups, children’s advocates and safety groups, and local parks and health departments. The bill would require the workgroup to consider regulatory goals, including establishing child supervision requirements, facility safety standards, and requirements for camp licensure and regulation, as prescribed. The bill would require the workgroup, under the direction of the department, to establish a workplan for achieving and implementing the regulatory goals identified in the bill, including relevant benchmarks and timelines. The bill would require the department to submit the workplan to the Legislature by an unspecified date. department, by June 1, 2025, to issue its recommendations, as informed by the stakeholder group, in a report to the Legislature. The bill would require the recommendations to address, among other things, a definition for a children’s camp, child supervision requirements, requirements for camp licensure and regulation, and the government agency or agencies necessary to establish and enforce rules and regulations relating to children’s camps, as specified. The bill would require the report to include costs estimates for implementation of the recommendations included in the report.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Division 2.1 (commencing with Section 1796.90) is added to the Health and Safety Code, to read:

DIVISION 2.1. CHILDREN’S CAMPS

1796.90.
 The State Department of Social Services shall convene and consult with a stakeholder group on children’s camp safety. The stakeholder group shall include members from all of the following:
(a) The State Department of Public Health.
(b) The State Department of Education.
(c) The Department of Industrial Relations.
(d) The Department of Parks and Recreation
(e) Parent advocate groups.
(f) Children’s advocates and safety groups.
(g) For-profit and nonprofit recreational camps.
(h) Local city and county parks departments and special district parks departments.
(i) Local health departments and local environmental health departments.
(j) Emergency service professionals.
(k) Academic researchers.

1796.91.
 (a) By June 1, 2025, the State Department of Social Services shall issue its recommendations, as informed by the stakeholder group, in a report to the Legislature. At a minimum, the report shall include recommendations for all of the following:
(1) The definition of a children’s camp.
(2) Child supervision requirements, including, but not limited to, child-to-counselor ratios and background checks, as appropriate, for administrators, employees, and volunteers.
(3) Physical facility standards, including, but not limited to, facility maintenance requirements and minimization of hazards.
(4) Graduated requirements for camp licensure, regulation, or both, according to the following criteria:
(A) The length of time children are under camp supervision and away from the parent or caregiver.
(B) The inherent risks of the activities offered at the camp.
(5) Appropriate qualifications for camp administrators, employees, and volunteers, taking into consideration factors, including, but not limited to, both of the following:
(A) Specialized training for activities that carry an inherent or heightened risk, including, but not limited to, the following:
(i) Gun ranges.
(ii) Horseback riding.
(iii) Swimming.
(B) Emergency training, including, but not limited to, CPR and treatment for allergic reactions.
(6) Providing parents and caregivers with accessible and transparent camp information, including, but not limited to, camp safety history and written camp safety and emergency plans.
(7) The government agency or agencies necessary to establish and enforce rules and regulations relating to children’s camps, pursuant to the stakeholder group’s recommendations.
(b) The report shall include cost estimates for implementation of the recommendations included in subdivision (a).
(c) (1) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(2) The requirement to submit a report pursuant to this section is inoperative on June 1, 2029, pursuant to Section 10231.5 of the Government Code.

SECTION 1.Division 2.1 (commencing with Section 1796.90) is added to the Health and Safety Code, to read:
2.1.CHILDREN’S CAMPS
1796.90.

The following definitions apply for purposes of this chapter:

(a)“Children’s camp” or “camp” means a program that offers daytime or overnight experiences administered by adults, that provides social, cultural, educational, recreational, or artistic programming to more than five children between 3 and 17 years of age for five days or longer. A children’s camp does not include any of the following:

(1)A youth sports league or team.

(2)A program owned or operated by a local educational agency.

(3)A drop-in program that does not require registration or sign-in by the attendee, parent, or caregiver.

(4)A program that requires a parent to be present.

(5)A child daycare facility or family daycare home licensed under Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) of Division 2.

(6)A program that is held for three or fewer hours per day.

(b)“Department” means the State Department of Social Services.

1796.91.

(a)The department shall establish and lead a stakeholder workgroup to inform department regulations for children’s camps. The stakeholder group shall include representatives from the following state entities:

(1)The State Department of Public Health.

(2)The State Department of Education.

(3)The Office of the State Fire Marshal.

(4)The Department of Industrial Relations.

(5)The Department of Parks and Recreation.

(b)The department shall also consult with other stakeholders, as needed, for purposes of this article, including, but not limited to, the following:

(1)Parent advocate groups.

(2)Children’s advocates and safety groups.

(3)For-profit recreational camps.

(4)Nonprofit recreational camps.

(5)Local parks departments.

(6)Local health departments and local environmental health departments.

(7)Emergency service professionals.

(8)Academic researchers.

1796.92.

In gathering information and developing regulations, the workgroup established pursuant to Section 1796.91 shall consider, at a minimum, the following regulatory goals:

(a)Establishing child supervision requirements, including, but not limited to, child-to-counselor ratios and background checks, as appropriate, for administrators, employees, and volunteers.

(b)Establishing physical facility standards, including, but not limited to, facility maintenance requirements and minimization of hazards.

(c)Establishing graduated requirements for camp licensure, regulation, or both, according to the following criteria:

(1)The length of time children are under camp supervision and away from the parent or caregiver.

(2)The inherent danger of the activities offered at the camp.

(d)Establishing appropriate qualifications for camp administrators, employees, and volunteers, taking into consideration factors, including, but not limited to, both of the following:

(1)Specialized training for activities that carry an inherent or heightened risk of danger, including, but not limited to, the following:

(A)Gun ranges.

(B)Horseback riding.

(C)Swimming.

(2)Emergency training, including, but not limited to, CPR and treatment for allergic reactions.

(e)Providing parents and caregivers with accessible and transparent camp information, including, but not limited to, camp safety history and written camp safety and emergency plans.

1796.93.

(a)The workgroup, under the direction of the department, shall establish a workplan for achieving and implementing the regulatory goals identified in Section 1796.92, including relevant benchmarks and timelines.

(b)(1)The department shall submit the workplan to the Legislature by _____.

(2)A workplan submitted pursuant to this subdivision shall be submitted in accordance with Section 9795 of the Government Code.