An act to
amend Section 1516 of, and to
add Section 1596.810
to,
to
the Health and Safety Code, relating to day care facilities.

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


SECTION 1.
Section 1516 of the
Health and Safety Code
is amended to read:
1516.
(a)A crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502, shall be licensed by the department to operate a crisis residential overnight program. Notwithstanding Section 1596.80, a crisis nursery may also provide crisis day services.
(b)A crisis nursery shall be organized and operated on a nonprofit basis by either a private nonprofit corporation or a nonprofit public benefit corporation.
(c)A facility licensed on or before January 1, 2004, as a group home for children under six years of age with a licensed capacity greater than 14 children, but less than 21 children, that provides crisis nursery services shall be allowed to retain its capacity if issued a crisis nursery license until there is a change in the licensee’s program, location, or client population.
(d)Each crisis nursery shall collect and maintain information, in a format specified by the department, indicating the total number of children placed in the program, the length of stay for each child, the reasons given for the use of the crisis nursery, and the age of each child. This information shall be made available to the department upon request.
(e)Notwithstanding Section 1596.80, a crisis nursery may provide crisis day services for children under six years of age at the same site that it is providing crisis residential overnight services.
(1)A child shall not receive crisis day services at a crisis nursery for more than 30 calendar days, maximum of 12 hours per day, or a total of 360 hours, in a six-month period unless the department issues an exception to allow a child to receive additional crisis day services in a six-month period.
(2)The department, upon receipt of an exception request pursuant to paragraph (1) and supporting documentation as required by the department, shall respond within five working days to approve or deny the request.
(3)No more than two exceptions, in seven-calendar day or 84-hour increments, may be granted per child in a six-month period.
(f)A crisis nursery license shall be issued for a specific capacity determined by the department.
(1)(A)The maximum licensed capacity for crisis day services shall be based on 35 square feet of indoor activity space per child. Bedrooms, bathrooms, halls, offices, isolation areas, food-preparation areas, and storage places shall not be included in the calculation of indoor activity space. Floor area under tables, desks, chairs, and other equipment intended for use as part of children’s activities shall be included in the calculation of indoor space. This subparagraph shall not apply to a crisis nursery that is located in an office building.
(B)There shall be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. Swimming pools, adjacent pool decking, and natural or man-made hazards shall not be included in the calculation of outdoor activity space.
(2)Except as provided in subdivision (c), the maximum licensed capacity for a crisis residential overnight program shall be 14 children.
(3)A child who has been voluntarily placed in a crisis residential overnight program shall be included in the licensed capacity for crisis day services.
(g)Exceptions to group home licensing regulations pursuant to subdivision (c) of Section 84200 of Title 22 of the California Code of Regulations, in effect on August 1, 2004, for county-operated or county-contracted emergency shelter care facilities that care for children under six years of age for no more than 30 days, shall be contained in regulations for crisis nurseries.
(h)For purposes of this section, the following definitions shall apply:
(1)“Crisis day services” means temporary, nonmedical care and supervision for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for less than 24 hours per day. Crisis day services shall be provided during a time period defined by the crisis nursery in its plan of operation, but not to exceed a period of 14 hours per day. The plan of operation shall assure sleeping arrangements are available for children there after 7 p.m. A child may not receive crisis day services at a crisis nursery for more than 30 calendar days, or a total of 360 hours, in a six-month period unless the department issues an exception.
(2)“Crisis residential overnight program” means short-term, 24-hour nonmedical residential care and supervision, including overnight, for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for no more than 30 days.
(3)“Voluntarily placed” means a child, who is not receiving Aid to Families with Dependent Children-Foster Care, placed by a parent or legal guardian who retains physical custody of, and remains responsible for, the care of his or her children who are placed for temporary emergency care. “Voluntarily placed” does not include placement of a child who has been removed from the care and custody of his or her parent or legal guardian and placed in foster care by a child welfare services agency.
SEC. 2.
SECTION 1.
Section 1596.810 is added to the Health and Safety Code, immediately following Section 1596.809, to read:
1596.810.
A child day care facility, other than a family day care home, shall not be required to meet the square footage requirements of indoor activity space for child care centers if the facility is located in an office building.

Summary: Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, as defined,
and crisis nurseries
by the State Department of Social Services. Existing law requires that the maximum licensed capacity for those facilities be based on 35 square feet of indoor activity space per child.
This bill would exempt those facilities from the 35 square footage requirement if the facility is located in an office building.