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AB-479 Family daycare homes: secondary licensees.(2021-2022)

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Date Published: 03/26/2021 04:00 AM
AB479:v98#DOCUMENT

Revised  April 22, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 479


Introduced by Assembly Member Grayson Members Grayson and Choi

February 08, 2021


An act to amend Section 1596.795 of Sections 1596.78 and 1597.45 of, and to add Section 1597.623 to, the Health and Safety Code, relating to care facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 479, as amended, Grayson. Family daycare homes: prohibition on smoking. secondary licensees.
The California Child Day Care Facilities Act generally requires the State Department of Social Services to license, inspect, and regulate various types of child daycare facilities, including, among others, family daycare homes. Existing law specifies that a family daycare home is where the provider resides. 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 authorize a person to apply to be a secondary licensee for a licensee and require a secondary licensee to meet all licensure requirements applicable to a licensee except the requirement to reside in the home in which the family daycare home is operated. The bill would specify that, if a family daycare home provider is a secondary licensee, a family daycare home is where the licensee resides. The bill would require a secondary licensee to have specified educational qualifications. The bill would make all rules and regulations related to the maintenance and operation of a family daycare home that are applicable to a licensee applicable to a secondary licensee. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

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.

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

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


SECTION 1.

 Section 1596.78 of the Health and Safety Code is amended to read:

1596.78.
 (a) “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, home or, if the provider is a secondary licensee, in the licensee’s home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.
(b) “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations.
(c) “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations.
(d) A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, resides or, if the family daycare provider is a secondary licensee, where the licensee resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.

SEC. 2.

 Section 1597.45 of the Health and Safety Code is amended to read:

1597.45.
 (a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.
(b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.
(c) Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.
(d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.
(e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter.
(f) For purposes of this chapter, “small family daycare home or large family daycare home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, resides or, if the family daycare provider is a secondary licensee, where the licensee resides, and includes a dwelling or dwelling unit that is rented, leased, or owned.

SEC. 3.

 Section 1597.623 is added to the Health and Safety Code, immediately following Section 1597.622, to read:

1597.623.
 (a) A person may apply to be a secondary licensee for a licensee. A secondary licensee shall meet all licensure requirements applicable to a licensee except that a secondary licensee shall not be required to reside in the home in which the family daycare home is operated.
(b)  A secondary licensee shall have one of the following:
(1) Twelve postsecondary semester or equivalent quarter units in early childhood education or child development completed, with passing grades, at an accredited or approved college or university, and at least six months of work experience in a licensed childcare center or comparable group childcare program.
(2) A current and valid Child Development Associate (CDA) credential with the appropriate age-level endorsement issued by the CDA National Credentialing Program of the Council for Early Childhood Professional Recognition and at least six months of on-the-job training or work experience in a licensed childcare center or comparable group childcare program.
(3) One of the following child development permits issued by the California Commission on Teacher Credentialing:
(A) Child Development Associate Teacher Permit.
(B) Child Development Teacher Permit.
(C) Child Development Master Teacher Permit.
(c) All rules and regulations related to the maintenance and operation of a family daycare home that are applicable to a licensee shall be applicable to a secondary licensee. To the extent that compliance with a rule or regulation can be satisfied by one person, either the licensee or the secondary licensee may comply.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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.

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REVISIONS:
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