California Assembly Bill AB74 Amended / Bill

 BILL NUMBER: AB 74AMENDED BILL TEXT AMENDED IN SENATE AUGUST 31, 2015 AMENDED IN SENATE JUNE 25, 2015 AMENDED IN ASSEMBLY APRIL 7, 2015 INTRODUCED BY Assembly Member Calderon  (   Coauthors:   Assembly Members   Brown,   Chvez,   Cristina Garcia,   and Thurmond   )   (   Coauthor:   Senator   Block  )  JANUARY 5, 2015 An act to amend Sections  1534, 1569.33, 1597.09,   1597.09  and 1597.55a of the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 74, as amended, Calderon.  Care   Child care  facilities: regulatory visits. Under existing law, the State Department of Social Services regulates the licensure and operation of  community care facilities, residential care facilities for the elderly,  child day care  centers,   centers  and family day care  homes.   homes, and is required to inspect these centers or homes at least once every 5 years and, beginning January 1, 2017, at least once every 3 years.  Existing law provides that  these facilities, except for foster family homes, are   a child day care center or family day care home is  subject to  an  unannounced  visits   inspection  by the  department at least once every 5 years. Existing law   department, and  requires the department to conduct an annual unannounced  visit  inspection  under specified circumstances, including when a license is on probation, and to conduct annual unannounced  visits to   inspections of  no less than  20%   20%, and commencing January 1, 2017, 30%  of  the facilities, other than foster family homes,   these centers or homes  that are not subject to an inspection under those specified circumstances.  This bill would instead make every facility of the types described above, except for foster family homes, subject to an annual unannounced visit by the department on and after July 1, 2018. The   This  bill would revise the provisions requiring the department to conduct annual unannounced  visits to no less than 20% of the facilities   inspections of a ch   ild day care center or family day care home  by instead requiring the department to conduct annual unannounced  visits to   inspections of  no less than  30% of facilities on or before July 1, 2016, and no less than 40%   20%  of those  facilities on or before July 1, 2017.   The bill would also delete the provisions requiring an unannounced visit at least once every 5 years.   centers or homes on and after January 1, 2018, and until January 1, 2019. Beginning January 1, 2019, the bill would require the department to conduct an annual unannounced inspection of each child day care center or family day care home.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1597.09 of the   Health and Safety Code   , as added by Section 10 of Chapter 20 of the Statutes of 2015, is amended to read:  1597.09. (a) Each licensed child day care center shall be subject to unannounced inspections by the department. The department shall inspect these facilities as often as necessary to ensure the quality of care provided. (b) The department shall conduct an annual unannounced inspection of a licensed child day care center 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 inspection. (3) When an accusation against a licensee is pending. (4) In order to verify that a person who has been ordered out of a child day care center by the department is no longer at the facility. (c) (1)  The   On and after January 1, 2017, and until January 1, 2018, the  department shall conduct an annual unannounced inspection of no less than 30 percent of facilities not subject to an evaluation under subdivision (b). (2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.  (d) The department shall inspect a licensed child day care center at least once every three years.   (d) (1) On and after January 1, 2018, and until January 1, 2019, the department shall conduct an annual unannounced inspection of no less than 20 percent of facilities not subject to an evaluation under subdivision (b).   (2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.   (e) On and after January 1, 2019, the department shall conduct annual unannounced inspections of all licensed child day care centers.   (e)   (f)  This section shall become operative on January 1, 2017.  SEC.   2.   Section 1597.55a of the   Health and Safety Code   , as added by Section 12 of Chapter 20 of the Statutes of 2015, is   amended to read:  1597.55a. Every family day care home shall be subject to unannounced inspections by the department as provided in this section. The department shall inspect these facilities as often as necessary to ensure the quality of care provided. (a) The department shall conduct an announced site inspection prior to the initial licensing of the applicant. (b) The department shall conduct an annual unannounced inspection of 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 inspection. (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) (1)  The   On and after January 1, 2017, and until January 1, 2018, the  department shall conduct annual unannounced inspections of no less than 30 percent of facilities not subject to an inspection under subdivision (b). (2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.  (d) The department shall inspect a licensed family day care home at least once every three years.   (d) (1) On and after January 1, 2018, and until January 1, 2019, the department shall conduct annual unannounced inspections of no less than 20 percent of facilities not subject to an inspection under subdivision (b).   (2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.   (e) On and after January 1, 2019, the department shall conduct annual unannounced inspections of all family day care homes.   (e)   (f)  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)   (   g)  The department or licensing agency shall make an unannounced site inspection on the basis of a complaint and a followup inspection as provided in Section 1596.853.  (g)   (   h)  An unannounced site inspection shall adhere to both of the following conditions: (1) The inspection 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)   (i)  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.  (i)   (   j)  This section shall become operative on January 1, 2017. All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 25, 2015. (JR11)