AMENDED IN SENATE JULY 2, 2026
AMENDED IN ASSEMBLY MAY 18, 2026
AMENDED IN ASSEMBLY MARCH 23, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
96
URGENCY STATUTE
Introduced by Assembly Members Solache and Carrillo
(Coauthors: Assembly Members Bonta, Calderon, Lee, and Kalra)
February 19, 2026
An act to add Section 1596.868 to the Health and Safety Code, relating to childcare, and declaring the urgency thereof, to take effect immediately.
Vote: 2/3 Appropriation: no Fiscal committee: yes Local program: no
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 family daycare homes, by the State Department of Social Services. Existing law imposes various training requirements on child daycare facilities, including, among others, at least 15 hours of specified health and safety training that includes pediatric first aid, pediatric CPR, and preventive health practices, and mandated reporter training. A person who willfully or repeatedly violates any provision of the act or any rule or regulation promulgated under the act is guilty of a crime.
Existing law prohibits licensed child daycare facilities, employees of licensed child daycare facilities, and license-exempt California state preschool program facilities from collecting information or documents regarding citizenship or immigration status of children or their family members. Existing law also requires the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child daycare facilities, as specified, and requires the State Department of Social Services to inform licensed daycare facilities of the model policies.
This bill would require the State Department of Social Services to notify all licensed and license-exempt family daycare home providers of a person’s rights under the Fourth Amendment to the United States Constitution, as specified, and would also require the department to designate a statewide entity to develop and provide a training program about those rights. The bill would require the designated statewide entity to offer the training program commencing July 1, 2026,
60 days after the effective date of the bill, and would require licensed family daycare home providers to complete the training within specified timeframes. The bill would specify that a violation of these requirements is not subject to criminal, civil, or administrative penalties, and does not subject a licensee to citation under the act.
This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1.
Section 1596.868 is added to the Health and Safety Code, to read:
1596.868.
(a) (1) The department shall notify all licensed and license-exempt family daycare home providers of a person’s rights under the Fourth Amendment to the United States Constitution. The notice shall include, but is not limited to, information relating to the protections against searches and seizures of a home and detentions and arrests of a person in a home by local, state, or federal law enforcement officers and employees, including the United States Immigration and Customs Enforcement, without providing valid identification, a written statement of purpose, and a valid judicial warrant.
(2) This notification shall be developed and provided in coordination with the training required pursuant to subdivision (b).
(b) (1) The department, with the concurrence of any exclusive representative for licensed and license-exempt family daycare home providers, shall designate a statewide entity that has recent and significant experience in providing plain language, accessible childcare worker training in multiple languages to develop and provide a training program about the rights and responsibilities of a family daycare home related to a person’s rights under the Fourth Amendment to the United States Constitution, as described in paragraph (1) of subdivision (a). The training program shall include the policies limiting assistance with immigration enforcement at licensed child daycare facilities, published pursuant to Section 1597.640.
(2) Commencing July 1, 2026, 60 days after the effective date of this section, the designated statewide entity shall offer the training program described in paragraph (1) to licensed and license-exempt family daycare home providers. Family daycare home providers that are licensed on the date that the act that added this section becomes effective shall complete this training no later than June 30, 2027, and family daycare home providers that are licensed after the date that the act that added this section becomes effective shall complete this training within 12 months of their initial licensing.
(c) A violation of this section is not subject to criminal, civil, or administrative penalties, and shall not result in a licensee being subject to citation under this act.
SEC. 2.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure guaranteed access to vital childcare without fear of harassment, intimidation, or unwarranted searches by United States Immigration and Customs Enforcement officials, it is necessary that this act take effect immediately.