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Legal Resources | Health and Safety Code |  HS  1596.7926  

Public recreation program   

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(a) For purposes of this section "public recreation program" means a recreation program operated by the state, city, county, special district, school district, community college district, chartered city, chartered county, or chartered city and county.

(b) In addition to the exempt settings set forth in Section 1596.792, this chapter and Chapter 3.5 (commencing with Section 1596.90) shall not apply to any public recreation program in Riverside County that meets the following criteria:

(1) The program operates only during hours other than normal school hours for grades 1 to 8, inclusive, in the public school district where the program is located, or operates only during periods when students in grades 1 to 8, inclusive, are normally not in session in the public school district where the program is located, and operates for either of the following periods:

(A) For under 20 hours per week.

(B) For a total of 12 weeks or less per school program or track during a 12-month period. This total applies to any 12 weeks within any 12-month period, without regard to whether the weeks are consecutive. In determining "normal school hours" or periods when students are "normally not in session," the department shall, where appropriate, consider the normal school hours or periods when students are normally not in session for students attending a year-round school.

(2) No charges or costs shall be associated with the provision of care.

(3) Employees must be professional recreation or child care workers.

(4) Employees must:

(A) Have a current certificate in first aid and cardiopulmonary resuscitation issued by an approved training program that has been approved by the Emergency Medical Services Authority.

(B) Be at least 18 years of age.

(C) Have received a criminal records clearance through a criminal background check, including fingerprints unless prohibited by an individual's physical condition, performed by the Department of Justice and a Child Abuse Index Clearance and the results have been returned to the public recreation program, school, or school district.

(c) It is the intent of the Legislature in enacting this section that the following occur:

(1) The public recreation programs exempted from the requirements of this chapter and Chapter 3.5 (commencing with Section 1596.90) pursuant to subdivision (b) shall ensure the health and safety of participating children and shall provide a safe and effective means of reducing juvenile crime.

(2) There are no costs to this program other than those provided by the jurisdiction of the participating public recreation program, and the participating children and their families shall not incur any cost for the program pursuant to this section.

(3) The overall quality of care is not adversely affected.

(4) This section was established to provide for the unique needs of the participating families whose commute to work to and from neighboring counties prohibits them from picking up their children within the limits prescribed by subdivision (g) of Section 1596.792 of this chapter.

(5) The programs will be provided immediately following the school day.

(6) This program prevents participants from becoming "latchkey" children.

(d) This section does not require all public recreation programs to operate the program pursuant to this section. A public recreation program may elect to operate subject to all licensure requirements otherwise applicable to day care programs set forth in this chapter or may be required pursuant to the contract that the program operate subject to all licensure requirements.

(e) A public recreation program that operates an excess of the number of hours provided in paragraph (g) in Section 1596.792 and fewer than 20 hours per week for children in grades 1 to 8, inclusive, as a licensed exempt provider shall conduct an annual evaluation of their program, and the results of this evaluation shall be reported to the appropriate policy committees of the Legislature by June 1, 2000.

(f) This section shall become inoperative on September 1, 2001, and, as of January 1, 2002, is repealed, unless a later enacted statute that is enacted before January 1, 2002, deletes or extends the dates on which it becomes inoperative and is repealed.

(Added by Stats. 1998, Ch. 638, Sec. 2.)