The California Child Day Care Facilities Act (the Act) authorizes the State Department of Social Services to license and regulate facilities that provide nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis (Child Day Care Facility) by. For purposes of the Act, a Child Day Care Facility includes a day care center, an employer-sponsored child care center, and a family day care home. The Act requires, in addition to any other required training, at least one director or teacher at each day care center to have at least 15 hours of health and safety training, including pediatric first aid, pediatric cardiopulmonary resuscitation (CPR), and preventative health practices courses (Health and Safety Training).
Assembly Bill 2317 (AB 2317) requires the State Department of Social Services, in consultation with the Emergency Medical Services Authority (EMSA) and State Department of Education, to establish an anaphylactic policy on or before July 1, 2027 that sets forth guidelines and procedures recommended for child day care personnel to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis. EMSA is required to review minimum standards of training for the administration of epinephrine auto-injectors as necessary and notify the State Department of Social Services of any changes to the training course, as specified. AB 2317 requires State Department of Social Services and the State Department of Education to publish the anaphylactic policy on their websites on or before September 1, 2027.
On and after January 1, 2028, a Child Day Care Facility may implement the anaphylactic policy developed by State Department of Social Services. If the Child Day Care Facility implements an anaphylactic policy, it must notify the parent or guardian of the anaphylactic policy upon enrollment and on an annual basis. The notice must include contact information at the Child Day Care Facility to allow parent or guardian to learn more about the policy and notification of the liability limitations set forth in section 1799.102 and section 1714.23 of the Civil Code.
On and after January 1, 2026, at least one director or teacher at each day care center shall obtain training in a pediatric first aid or pediatric CPR course that includes instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors (Anaphylaxis Training). Those who completed the applicable Health and Safety Training, on or before December 31, 2025, that did not receive the Anaphylaxis Training shall obtain the Anaphylaxis Training for the next renewal period.
AB 2317 requires that the Health and Safety Training will include Anaphylaxis Training on and after January 1, 2028.
(AB 2317 amends section 1596.866 of, and adds section 1596.7985 to, the Health and Safety Code)