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AB-1737 Children’s camps: safety.(2021-2022)

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Date Published: 08/12/2022 10:41 AM
AB1737:v92#DOCUMENT

Amended  IN  Senate  August 11, 2022
Amended  IN  Senate  June 30, 2022
Amended  IN  Senate  June 21, 2022
Amended  IN  Senate  June 08, 2022
Amended  IN  Assembly  May 19, 2022
Amended  IN  Assembly  April 20, 2022
Amended  IN  Assembly  March 28, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1737

Introduced by Assembly Member Holden

January 31, 2022

An act to amend Section 18897 of, and to add and repeal Division 40 (commencing with Section 60000) to, the Health and Safety Code, relating to children’s camps.


LEGISLATIVE COUNSEL'S DIGEST


AB 1737, as amended, Holden. Children’s camps: safety.
Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps. Existing law requires the State Fire Marshal to adopt minimum fire safety regulations for organized camps. Existing law requires local health officers to enforce building standards relating to organized camps and the other rules and regulations adopted by the State Public Health Officer. Existing law defines “organized camp,” for these purposes, 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 additionally would define “children’s camp” as a camp that offers daytime or overnight experiences administered by adults who provide social, cultural, educational, recreational, or artistic programming to more than 5 children between 3 and 17 years of age for 5 days or longer, except as specified. The bill would exempt youth sports leagues and teams, and camps owned or operated by local education agencies, from the definition of a children’s camp.

This bill would require the Secretary of the California Health and Human Services Agency, in coordination with the Director of Social Services, to lead the development and implementation of a master plan for children’s camp safety, to serve as a blueprint for state government, local government, and the private sector to implement strategies and partnerships that promote health and safety in children’s camps across California. The bill would require the secretary and director to convene an agency workgroup for camp safety, with specified membership, to advise the secretary and director in developing and issuing the master plan, and a children’s camp safety stakeholder advisory committee to provide advice and input to the administration on the development of the master plan. The bill would require the State Department of Social Services to submit a report to the Governor and the Legislature by January 31, 2024, identifying the recommendations of the workgroup and advisory committee and outlining the master plan.

This bill would require the State Department of Social Services, in consultation with the specified state entities and stakeholders, to provide a report to the Legislature, on or before January 1, 2024, that includes information regarding topics related to the health and safety of children attending children’s camps and recommendations for developing and issuing requirements for the regulatory oversight of children’s camps.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature that the State Department of Social Services develop recommendations for children’s camp safety for the purpose of ensuring that children attending a camp in California are protected from abuse and harm, and that a system of regulatory oversight and health and safety requirements be established for children’s camps in the state.

SEC. 2.

 Division 40 (commencing with Section 60000) is added to the Health and Safety Code, to read:

DIVISION 40. Children’s Camp Safety

60000.
 (a) On or before January 1, 2024, the State Department of Social Services, in consultation with the State Department of Public Health, the State Department of Education, the Office of the State Fire Marshal, the Department of Industrial Relations, parent advocate organizations, and other stakeholders, shall provide a report to the Legislature that includes information regarding topics related to the health and safety of children attending children’s camps and recommendations for developing and issuing requirements for the regulatory oversight of children’s camps.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this division is repealed on January 1, 2028.

SECTION 1.

It is the intent of the Legislature in enacting this act that a master plan for children’s camp safety be developed to ensure that all children attending camp in California are protected from abuse and harm, and for a clear regulatory framework to be established for children’s camps in the state.

SEC. 2.Section 18897 of the Health and Safety Code is amended to read:
18897.

(a)“Organized camp” means 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 five days or more during one or more seasons of the year.

(b)“Children’s camp” means a camp that offers daytime or overnight experiences administered by adults who provide 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 a youth sports league or team, or a camp owned or operated by a local education agency.

(c)The term “organized camp” does not include a children’s camp, motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp, and does not include a childcare institution or home-finding agency.

(d)The term “organized camp” also does not include any charitable or recreational organization that complies with the rules and regulations for recreational trailer parks.

SEC. 3.Division 40 (commencing with Section 60000) is added to the Health and Safety Code, to read:
40.Children’s Camp Safety
60000.

(a)(1)The Secretary of California Health and Human Services, in coordination with the Director of Social Services, shall lead the development and implementation of a master plan for children’s camp safety. The master plan shall serve as a blueprint for state government, local government, and the private sector to implement strategies and partnerships that promote health and safety in children’s camps across California.

(2)For purposes of this division, “children’s camp” means the same as defined in Section 18897.

(b)The secretary and director shall convene an agency workgroup for camp safety to advise the secretary and director in the developing and issuing the master plan.

(c)The secretary and director, with the assistance of the workgroup, shall work with the following state agencies, as needed, to identify policies, efficiencies, and strategies necessary to implement the master plan:

(1)The State Department of Social Services.

(2)The State Department of Public Health.

(3)The State Department of Health Care Services.

(4)The State Department of Education.

(5)The Department of Parks and Recreation.

(d)The workgroup shall solicit input from stakeholders and gather information on the impact of children’s camps on California’s children and families, as well as the need for health and safety-related licensure and regulation of these programs.

(e)The secretary and director shall convene a children’s camp safety stakeholder advisory committee to provide advice and input to the administration on the development of the master plan.

(f)The stakeholder advisory committee established pursuant to this section shall include representation from parents, forprofit recreational camps operated in California, nonprofit recreational camps operated in California, children’s advocates, children’s safety experts, local parks departments, local health departments, emergency medical services professionals, community-based organizations, academic researchers, and others as the secretary or their designee deems appropriate.

(g)The master plan shall focus on the development of a licensing and regulatory framework for California’s children camps, as well as increasing access to high quality children’s camp programming.

(h)(1) The State Department of Social Services shall submit a report to the Governor and the Legislature by January 31, 2024, identifying the recommendations of the workgroup and advisory committee and outlining the master plan.

(2)A report submitted under paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code.