Amended
IN
Assembly
April 19, 2021 |
Introduced by Assembly Member Robert Rivas (Coauthor: Assembly Member McCarty) (Coauthor: Senator Cortese) |
February 11, 2021 |
(2)The California Child Day Care Facilities Act authorizes any person to request an inspection of any child day care facility by transmitting to the State Department of Social Services notice of an alleged violation of applicable requirements prescribed by statutes or
regulations of this state. Complaints under the act may be made either orally or in writing.
This bill, commencing January 1, 2022, would authorize any person to submit a complaint related to discriminatory or exclusionary practices, including suspension or expulsion of a child, persuading a family to withdraw a child, or cutting hours of care unrelated to a change in family need, to the State Department of Social Services orally or in writing. With respect to such a complaint, the bill would require that the complainant be asked to indicate the age, race, and ethnicity of the child, the facility type of the provider, and whether the care was provided by a subsidized program. The bill would prohibit complaints regarding discriminatory or exclusionary practices from triggering an inspection or investigation, but would require the department to report data on the total number of such complaints to the Legislature annually starting in January 2023.
The bill would also require the department to include in the notice it provides, under existing law, to each licensed child day care facility for posting, information indicating that complaints may be made regarding health and safety, discrimination, and exclusion.
(3)
(a)Any person may request an inspection of any child day care facility in accordance with the California Child Day Care Facilities Act by transmitting to the department notice of an alleged violation of applicable requirements prescribed by the statutes or regulations of this state. A complaint may be made either orally or in writing.
(b)The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in
the complaint, except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c)(1)Upon receipt of a complaint, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, the department shall make an onsite inspection within 10 days after receiving the complaint, except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the department’s proposed course of action.
(2)If the department determines that the complaint is without a reasonable basis, then the complaint shall be marked confidential and shall not be disclosed to the public. The childcare provider shall be notified in writing within 30 days of the dismissal that the complaint has been dismissed.
(d)(1)The department shall notify a resource and referral program funded under Section 8210 of the Education Code, as follows:
(A)Upon the issuance or denial of a license for a child day care
facility within the resource and referral program’s jurisdiction.
(B)Within one business day of a finding that physical or sexual abuse has occurred at a child day care facility within the resource and referral program’s jurisdiction.
(C)Within two business days of the issuance of a temporary suspension order, or the revocation or placement on probation of a license for a child day care facility within the resource and referral program’s jurisdiction.
(D)The department shall also notify the resource and referral program of the final resolution of any action specified in this paragraph.
(2)With the exception of parents seeking local day care service, any other entity specified in subdivision (b) of Section 1596.86 may request that the department
provide the notification described in paragraph (1).
(e)When the department substantiates an allegation that it deems to be serious in a facility funded by the Child Development Division of the State Department of Education pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 the Education Code it shall notify the Child Development Division.
(f)(1)Notwithstanding any other provision of this section, commencing January 1, 2022, any person may submit a complaint related to discriminatory or exclusionary practices, including suspension or expulsion of a child, persuading a family to withdraw a child, or cutting hours of care unrelated to
a change in family need, to the department orally or in writing. Complainants shall be asked to indicate the age, race, and ethnicity of the child, the facility type of the provider, and whether the care was provided by a subsidized program including the California State Preschool Program, as described in Section 8235 of the Education Code, or the early learning and care programs described in Section 10203 of the Education Code. Complaints regarding discriminatory or exclusionary practices shall not trigger an inspection or investigation.
(2)The department shall report the total number of complaints regarding discriminatory or exclusionary practices as described in this subdivision to the Legislature on or before January 31, 2023, and on or before January 31 of each year thereafter. A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(a) The State Department of Social Services shall furnish each licensed child day care facility with a notice that shall be posted at the facility where it can be easily seen by employees and consumers. The required notice shall contain information that does all of the following:
(1) Identifies the licensing agency and how licensing regulations may be obtained.
(2) Gives local telephone numbers where complaints may be made.
(3)Indicates that complaints may be made regarding health and safety, discrimination, and exclusion.
(4)Contains the nonretaliation provision in Section 1596.881.
(b) The licensee of the child day care facility shall make the licensee’s
copy of current licensing regulations available to employees and consumers.