California 2021 2021-2022 Regular Session

California Assembly Bill AB2131 Introduced / Bill

Filed 02/15/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2131Introduced by Assembly Member MullinFebruary 15, 2022 An act to amend Section 1596.951 of, and to repeal Sections 1596.955 and 1596.956 of, the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2131, as introduced, Mullin. Child daycare facilities.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a daycare center. Existing law required the department to adopt regulations on or before January 1, 2021, to create a childcare center license to serve infant, toddler, preschool, and schoolage children and requires, before January 1, 2024, all daycare centers to be licensed as childcare centers.This bill would authorize the department to implement these provisions by all-provider letter. The bill would require all daycare centers to be licensed as childcare centers as soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024.Existing law requires the department to develop guidelines and procedures to authorize licensed child daycare centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 36 months of age, and requires the program to be considered an extension of the infant center or preschool license.This bill would repeal those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1596.951 of the Health and Safety Code is amended to read:1596.951. (a) It is the intent of the Legislature to create a child care childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for child care childcare providers, maximizing administrative efficiency, while supporting a continuum of services in a manner consistent with all respective health and safety requirements.(b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a child care childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before As soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024, all day care daycare centers shall be licensed as child care childcare centers pursuant to this section.(c) The regulations adopted adopted, or all-provider letter or similar instruction issued, pursuant to this section shall include, but are not limited to, all of the following:(1) Components for serving infant, toddler, preschool, and schoolage children.(2) Health and safety standards for children in care.(3) Enhanced ability to transition children from one age group to the next.(d) During the development and adoption of the regulations regulations, or development and issuance of all-provider letters or similar instruction, required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served.(e) The department may charge an applicant for a child care childcare center license a fee commensurate with license fee schedules established for day care daycare centers in Section 1596.803.(f) The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code or, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) may issue an all-provider letter or similar instruction, to implement this section.SEC. 2. Section 1596.955 of the Health and Safety Code is repealed.1596.955.(a)The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between 18 months to three years of age. This optional toddler program shall be subject to the following basic conditions:(1)An amended application is submitted to and approved by the department.(2)Parents give permission for the placement of their children in the toddler program.(3)A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.(4)The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers.(5)The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.(6)All other regulations pertaining to preschool age children are complied with.(b)The toddler program shall be considered an extension of the center license, without the need for a separate license.(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement.SEC. 3. Section 1596.956 of the Health and Safety Code is repealed.1596.956.(a)The department shall develop guidelines and procedures to authorize licensed child daycare centers serving infants to create a special program component for children between 18 months to three years of age. The optional toddler program shall be subject to the following basic conditions:(1)An amended application shall be submitted to, and approved by, the department.(2)A child younger than 18 months of age shall not be moved into the toddler program. A child who is older than 18 months of age shall not be required to be in the toddler program.(3)Parents shall give permission for the placement of their children in the toddler program.(4)A ratio of six children to each teacher shall be maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.(5)The maximum group size, with two teachers, or one fully qualified teacher and one aide, shall not exceed 12 toddlers.(6)The toddler program shall be conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.(7)All other regulations pertaining to infants shall be complied with.(b)The toddler program shall be considered an extension of the infant center license, without the need for a separate license.(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of the daycare center, if the center can establish that it is unable to find an alternative placement.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2131Introduced by Assembly Member MullinFebruary 15, 2022 An act to amend Section 1596.951 of, and to repeal Sections 1596.955 and 1596.956 of, the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2131, as introduced, Mullin. Child daycare facilities.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a daycare center. Existing law required the department to adopt regulations on or before January 1, 2021, to create a childcare center license to serve infant, toddler, preschool, and schoolage children and requires, before January 1, 2024, all daycare centers to be licensed as childcare centers.This bill would authorize the department to implement these provisions by all-provider letter. The bill would require all daycare centers to be licensed as childcare centers as soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024.Existing law requires the department to develop guidelines and procedures to authorize licensed child daycare centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 36 months of age, and requires the program to be considered an extension of the infant center or preschool license.This bill would repeal those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2131

Introduced by Assembly Member MullinFebruary 15, 2022

Introduced by Assembly Member Mullin
February 15, 2022

 An act to amend Section 1596.951 of, and to repeal Sections 1596.955 and 1596.956 of, the Health and Safety Code, relating to care facilities. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2131, as introduced, Mullin. Child daycare facilities.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a daycare center. Existing law required the department to adopt regulations on or before January 1, 2021, to create a childcare center license to serve infant, toddler, preschool, and schoolage children and requires, before January 1, 2024, all daycare centers to be licensed as childcare centers.This bill would authorize the department to implement these provisions by all-provider letter. The bill would require all daycare centers to be licensed as childcare centers as soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024.Existing law requires the department to develop guidelines and procedures to authorize licensed child daycare centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 36 months of age, and requires the program to be considered an extension of the infant center or preschool license.This bill would repeal those provisions.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a daycare center. Existing law required the department to adopt regulations on or before January 1, 2021, to create a childcare center license to serve infant, toddler, preschool, and schoolage children and requires, before January 1, 2024, all daycare centers to be licensed as childcare centers.

This bill would authorize the department to implement these provisions by all-provider letter. The bill would require all daycare centers to be licensed as childcare centers as soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024.

Existing law requires the department to develop guidelines and procedures to authorize licensed child daycare centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 36 months of age, and requires the program to be considered an extension of the infant center or preschool license.

This bill would repeal those provisions.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1596.951 of the Health and Safety Code is amended to read:1596.951. (a) It is the intent of the Legislature to create a child care childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for child care childcare providers, maximizing administrative efficiency, while supporting a continuum of services in a manner consistent with all respective health and safety requirements.(b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a child care childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before As soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024, all day care daycare centers shall be licensed as child care childcare centers pursuant to this section.(c) The regulations adopted adopted, or all-provider letter or similar instruction issued, pursuant to this section shall include, but are not limited to, all of the following:(1) Components for serving infant, toddler, preschool, and schoolage children.(2) Health and safety standards for children in care.(3) Enhanced ability to transition children from one age group to the next.(d) During the development and adoption of the regulations regulations, or development and issuance of all-provider letters or similar instruction, required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served.(e) The department may charge an applicant for a child care childcare center license a fee commensurate with license fee schedules established for day care daycare centers in Section 1596.803.(f) The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code or, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) may issue an all-provider letter or similar instruction, to implement this section.SEC. 2. Section 1596.955 of the Health and Safety Code is repealed.1596.955.(a)The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between 18 months to three years of age. This optional toddler program shall be subject to the following basic conditions:(1)An amended application is submitted to and approved by the department.(2)Parents give permission for the placement of their children in the toddler program.(3)A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.(4)The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers.(5)The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.(6)All other regulations pertaining to preschool age children are complied with.(b)The toddler program shall be considered an extension of the center license, without the need for a separate license.(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement.SEC. 3. Section 1596.956 of the Health and Safety Code is repealed.1596.956.(a)The department shall develop guidelines and procedures to authorize licensed child daycare centers serving infants to create a special program component for children between 18 months to three years of age. The optional toddler program shall be subject to the following basic conditions:(1)An amended application shall be submitted to, and approved by, the department.(2)A child younger than 18 months of age shall not be moved into the toddler program. A child who is older than 18 months of age shall not be required to be in the toddler program.(3)Parents shall give permission for the placement of their children in the toddler program.(4)A ratio of six children to each teacher shall be maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.(5)The maximum group size, with two teachers, or one fully qualified teacher and one aide, shall not exceed 12 toddlers.(6)The toddler program shall be conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.(7)All other regulations pertaining to infants shall be complied with.(b)The toddler program shall be considered an extension of the infant center license, without the need for a separate license.(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of the daycare center, if the center can establish that it is unable to find an alternative placement.

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

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

SECTION 1. Section 1596.951 of the Health and Safety Code is amended to read:1596.951. (a) It is the intent of the Legislature to create a child care childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for child care childcare providers, maximizing administrative efficiency, while supporting a continuum of services in a manner consistent with all respective health and safety requirements.(b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a child care childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before As soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024, all day care daycare centers shall be licensed as child care childcare centers pursuant to this section.(c) The regulations adopted adopted, or all-provider letter or similar instruction issued, pursuant to this section shall include, but are not limited to, all of the following:(1) Components for serving infant, toddler, preschool, and schoolage children.(2) Health and safety standards for children in care.(3) Enhanced ability to transition children from one age group to the next.(d) During the development and adoption of the regulations regulations, or development and issuance of all-provider letters or similar instruction, required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served.(e) The department may charge an applicant for a child care childcare center license a fee commensurate with license fee schedules established for day care daycare centers in Section 1596.803.(f) The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code or, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) may issue an all-provider letter or similar instruction, to implement this section.

SECTION 1. Section 1596.951 of the Health and Safety Code is amended to read:

### SECTION 1.

1596.951. (a) It is the intent of the Legislature to create a child care childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for child care childcare providers, maximizing administrative efficiency, while supporting a continuum of services in a manner consistent with all respective health and safety requirements.(b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a child care childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before As soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024, all day care daycare centers shall be licensed as child care childcare centers pursuant to this section.(c) The regulations adopted adopted, or all-provider letter or similar instruction issued, pursuant to this section shall include, but are not limited to, all of the following:(1) Components for serving infant, toddler, preschool, and schoolage children.(2) Health and safety standards for children in care.(3) Enhanced ability to transition children from one age group to the next.(d) During the development and adoption of the regulations regulations, or development and issuance of all-provider letters or similar instruction, required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served.(e) The department may charge an applicant for a child care childcare center license a fee commensurate with license fee schedules established for day care daycare centers in Section 1596.803.(f) The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code or, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) may issue an all-provider letter or similar instruction, to implement this section.

1596.951. (a) It is the intent of the Legislature to create a child care childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for child care childcare providers, maximizing administrative efficiency, while supporting a continuum of services in a manner consistent with all respective health and safety requirements.(b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a child care childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before As soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024, all day care daycare centers shall be licensed as child care childcare centers pursuant to this section.(c) The regulations adopted adopted, or all-provider letter or similar instruction issued, pursuant to this section shall include, but are not limited to, all of the following:(1) Components for serving infant, toddler, preschool, and schoolage children.(2) Health and safety standards for children in care.(3) Enhanced ability to transition children from one age group to the next.(d) During the development and adoption of the regulations regulations, or development and issuance of all-provider letters or similar instruction, required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served.(e) The department may charge an applicant for a child care childcare center license a fee commensurate with license fee schedules established for day care daycare centers in Section 1596.803.(f) The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code or, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) may issue an all-provider letter or similar instruction, to implement this section.

1596.951. (a) It is the intent of the Legislature to create a child care childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for child care childcare providers, maximizing administrative efficiency, while supporting a continuum of services in a manner consistent with all respective health and safety requirements.(b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a child care childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before As soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024, all day care daycare centers shall be licensed as child care childcare centers pursuant to this section.(c) The regulations adopted adopted, or all-provider letter or similar instruction issued, pursuant to this section shall include, but are not limited to, all of the following:(1) Components for serving infant, toddler, preschool, and schoolage children.(2) Health and safety standards for children in care.(3) Enhanced ability to transition children from one age group to the next.(d) During the development and adoption of the regulations regulations, or development and issuance of all-provider letters or similar instruction, required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served.(e) The department may charge an applicant for a child care childcare center license a fee commensurate with license fee schedules established for day care daycare centers in Section 1596.803.(f) The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code or, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) may issue an all-provider letter or similar instruction, to implement this section.



1596.951. (a) It is the intent of the Legislature to create a child care childcare license that has individual program components that serve infant, toddler, preschool, and schoolage children. It is the intent of the Legislature that the department consider flexibility for child care childcare providers, maximizing administrative efficiency, while supporting a continuum of services in a manner consistent with all respective health and safety requirements.

(b) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to create a child care childcare center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Before As soon as practical after the adoption of regulations, or the issuance of an all-provider letter or similar instruction, but before January 1, 2024, all day care daycare centers shall be licensed as child care childcare centers pursuant to this section.

(c) The regulations adopted adopted, or all-provider letter or similar instruction issued, pursuant to this section shall include, but are not limited to, all of the following:

(1) Components for serving infant, toddler, preschool, and schoolage children.

(2) Health and safety standards for children in care.

(3) Enhanced ability to transition children from one age group to the next.

(d) During the development and adoption of the regulations regulations, or development and issuance of all-provider letters or similar instruction, required by subdivision (b), the department shall consider best practices for continuity of care of the children and parents being served.

(e) The department may charge an applicant for a child care childcare center license a fee commensurate with license fee schedules established for day care daycare centers in Section 1596.803.

(f) The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code or, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) may issue an all-provider letter or similar instruction, to implement this section.

SEC. 2. Section 1596.955 of the Health and Safety Code is repealed.1596.955.(a)The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between 18 months to three years of age. This optional toddler program shall be subject to the following basic conditions:(1)An amended application is submitted to and approved by the department.(2)Parents give permission for the placement of their children in the toddler program.(3)A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.(4)The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers.(5)The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.(6)All other regulations pertaining to preschool age children are complied with.(b)The toddler program shall be considered an extension of the center license, without the need for a separate license.(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement.

SEC. 2. Section 1596.955 of the Health and Safety Code is repealed.

### SEC. 2.

1596.955.(a)The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between 18 months to three years of age. This optional toddler program shall be subject to the following basic conditions:(1)An amended application is submitted to and approved by the department.(2)Parents give permission for the placement of their children in the toddler program.(3)A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.(4)The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers.(5)The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.(6)All other regulations pertaining to preschool age children are complied with.(b)The toddler program shall be considered an extension of the center license, without the need for a separate license.(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement.



(a)The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between 18 months to three years of age. This optional toddler program shall be subject to the following basic conditions:



(1)An amended application is submitted to and approved by the department.



(2)Parents give permission for the placement of their children in the toddler program.



(3)A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.



(4)The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers.



(5)The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.



(6)All other regulations pertaining to preschool age children are complied with.



(b)The toddler program shall be considered an extension of the center license, without the need for a separate license.



(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement.



SEC. 3. Section 1596.956 of the Health and Safety Code is repealed.1596.956.(a)The department shall develop guidelines and procedures to authorize licensed child daycare centers serving infants to create a special program component for children between 18 months to three years of age. The optional toddler program shall be subject to the following basic conditions:(1)An amended application shall be submitted to, and approved by, the department.(2)A child younger than 18 months of age shall not be moved into the toddler program. A child who is older than 18 months of age shall not be required to be in the toddler program.(3)Parents shall give permission for the placement of their children in the toddler program.(4)A ratio of six children to each teacher shall be maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.(5)The maximum group size, with two teachers, or one fully qualified teacher and one aide, shall not exceed 12 toddlers.(6)The toddler program shall be conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.(7)All other regulations pertaining to infants shall be complied with.(b)The toddler program shall be considered an extension of the infant center license, without the need for a separate license.(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of the daycare center, if the center can establish that it is unable to find an alternative placement.

SEC. 3. Section 1596.956 of the Health and Safety Code is repealed.

### SEC. 3.

1596.956.(a)The department shall develop guidelines and procedures to authorize licensed child daycare centers serving infants to create a special program component for children between 18 months to three years of age. The optional toddler program shall be subject to the following basic conditions:(1)An amended application shall be submitted to, and approved by, the department.(2)A child younger than 18 months of age shall not be moved into the toddler program. A child who is older than 18 months of age shall not be required to be in the toddler program.(3)Parents shall give permission for the placement of their children in the toddler program.(4)A ratio of six children to each teacher shall be maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.(5)The maximum group size, with two teachers, or one fully qualified teacher and one aide, shall not exceed 12 toddlers.(6)The toddler program shall be conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.(7)All other regulations pertaining to infants shall be complied with.(b)The toddler program shall be considered an extension of the infant center license, without the need for a separate license.(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of the daycare center, if the center can establish that it is unable to find an alternative placement.



(a)The department shall develop guidelines and procedures to authorize licensed child daycare centers serving infants to create a special program component for children between 18 months to three years of age. The optional toddler program shall be subject to the following basic conditions:



(1)An amended application shall be submitted to, and approved by, the department.



(2)A child younger than 18 months of age shall not be moved into the toddler program. A child who is older than 18 months of age shall not be required to be in the toddler program.



(3)Parents shall give permission for the placement of their children in the toddler program.



(4)A ratio of six children to each teacher shall be maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.



(5)The maximum group size, with two teachers, or one fully qualified teacher and one aide, shall not exceed 12 toddlers.



(6)The toddler program shall be conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.



(7)All other regulations pertaining to infants shall be complied with.



(b)The toddler program shall be considered an extension of the infant center license, without the need for a separate license.



(c)The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of the daycare center, if the center can establish that it is unable to find an alternative placement.