Bill Text: CA AB2546 | 2019-2020 | Regular Session | Amended

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Bill Title: Family daycare homes: licensee duties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on HUM. S. [AB2546 Detail]

Download: California-2019-AB2546-Amended.html

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Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2546

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Introduced by Assembly Member Grayson

February 19, 2020

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An act to amend Section 1596.795 of add Section 1597.50 to the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 2546, as amended, Grayson. Family daycare homes: prohibition on smoking. licensee duties.

The California Child Day Care Facilities Act (act) generally requires the State Department of Social Services to license, inspect, and regulate various types of child day care facilities, defined to include, among others, family daycare homes. Existing regulations require a family daycare home licensee to be present in the home, ensure children are supervised at all times, and not be absent from the family daycare home more than 20% of the hours the licensee is providing care per day. Existing regulations also require a family daycare home to be clean with heating and ventilation, as specified, maintain telephone service, and provide safe toys and play equipment and materials. A violation of the act or a willful or repeated violation of any rule or regulation promulgated under the act is a crime and enforceable with a civil penalty.

This bill would codify the above-described regulations as part of the act, and instead prohibit a family daycare licensee from being absent from the family daycare home more than 30% of the hours that the licensee is providing care per day.

The California Child Day Care Facilities Act prohibits the smoking of a tobacco product in a private residence that is licensed as a family daycare home, both in the home and in those areas of the family daycare home where children are present. The act specifies that a city or county is not prohibited from enacting or enforcing an ordinance relating to smoking in a family daycare home if the ordinance is more stringent than the prohibition under the act.

This bill would make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 1597.50 is added to the Health and Safety Code, to read:

1597.50.

 (a) The licensee shall be present in the family daycare home and shall ensure that children are supervised at all times. The licensee shall arrange for a substitute adult to care for and supervise the children during circumstances when the licensee is temporarily absent from the home. Temporary absences shall not exceed 30 percent of the hours that the family daycare home is providing care per day.

(b) The home shall be kept clean and orderly, with heating and ventilation for safety and comfort.

(c) The home shall maintain telephone service.

(d) The home shall provide safe toys and play equipment and material.

SECTION 1.Section 1596.795 of the Health and Safety Code is amended to read:

1596.795.

(a)(1)The smoking of a tobacco product in a private residence that is licensed as a family daycare home shall be prohibited in the home and in those areas of the family daycare home where children are present.

(2)Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family daycare home if the ordinance is more stringent than this section.

(b)The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.

(c)For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(d)For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.