Child daycare facilities., the official text

An act to add Section 1596.7997 to the Health and Safety Code, relating to child daycare facilities.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, including daycare centers and daycare homes, by the State Department of Social Services. Under existing law, any person who willfully or repeatedly violates this provision, as specified, is guilty of a misdemeanor. Existing law requires the licensee or administrator of a licensed child daycare facility, as applicable, to report to the State Department of Social Services and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of immigration enforcement.
This bill would, except as required by state or federal law or as required to administer a state or federally supported early care and learning program, prohibit employees of a licensed child daycare facility from providing voluntary consent to a law enforcement officer to enter a nonpublic area unless presented with a valid judicial warrant, judicial subpoena or a court order or if exigent circumstances exist. The bill would provide that a violation of these provisions is not subject to a criminal, civil, or administrative penalty, and a licensee shall not be subject to a citation.

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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Since 2025, United States Immigration and Customs Enforcement officers have terrorized California residents, United States citizens, and noncitizens alike through untargeted arrests and brutality based on nothing more than subjects’ racial appearances, languages spoken, means of earning a living, and expression protected under the First Amendment to the United States Constitution.
(b) California is home to more than 10,000,000 immigrants, most of whom are naturalized United States citizens.
(c) Law enforcement activities, including immigration enforcement, in schools and childcare facilities have traumatized children and dissuaded hundreds of thousands of Hispanic and Asian children from attending school or utilizing childcare facilities.
(d) Ensuring that childcare facilities are safe and free from violence is a matter of statewide concern.

SEC. 2.
Section 1596.7997 is added to the Health and Safety Code, to read:
1596.7997.
(a) Except as required by state or federal law or as required to administer a state or federally supported early care and learning program, employees of a licensed child daycare facility shall not provide voluntary consent to a law enforcement officer to enter a nonpublic area of a licensed child daycare facility unless presented with a valid judicial warrant, judicial subpoena, or a court order or if exigent circumstances exist. Any employee of a licensed child daycare facility shall, to the extent practicable, request a valid identification from a law enforcement officer seeking to enter a nonpublic area of a licensed child daycare facility. This subdivision does not apply to law enforcement officers who are complying with the requirements of the Child Abuse and Neglect Reporting Act pursuant to Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. This subdivision shall not be construed to limit a licensed child daycare facility’s or employee’s right to consult with counsel or challenge the validity of a warrant, subpoena, or court order in a court of competent jurisdiction.
(b) A violation of this section is not subject to criminal, civil, or administrative penalty, and shall not result in a licensee being subject to citation under this act.