Bill Text: CA AB1038 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1038

Bill Title: Family childcare home education networks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-09-12 - Ordered to inactive file at the request of Senator Dahle. [AB1038 Detail]

Download: California-2023-AB1038-Amended.html

Amended IN Senate July 13, 2023

Amended IN Senate June 19, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1038

Introduced by Assembly Member Rendon
(Coauthor: Assembly Member Reyes)

February 15, 2023

An act to amend Sections 10250 and 10251 of, and to add Sections 10253 and 10254 to, the Welfare and Institutions Code, relating to childcare.

LEGISLATIVE COUNSEL'S DIGEST

AB 1038, as amended, Rendon. Family childcare home education networks.

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of child care and development services for children up to 13 years of age. The act requires the department to contract with entities organized to operate family childcare home education networks that support educational objectives for children in licensed family childcare homes that serve families eligible for subsidized care. Existing law requires the family childcare home education network programs to include certain components, including an assessment of each family childcare home provider to ensure that services are of high quality and are educationally and developmentally appropriate. Existing law also imposes various requirements on family childcare home education network contractors, including ensuring that a developmental profile is completed for each child.

This bill would require that tools used to make the family assessments be appropriate to family childcare home settings, and would require a family childcare home education network program to maintain a developmental portfolio for each child, as provided, and include opportunities for parent involvement. This bill would impose additional requirements on family childcare home education network contractors, including that the developmental profiles specified above be completed in accordance with the provider’s observations, and that the contractors conduct site visits and offer training and technical assistance to providers, as specified. The bill would also impose various duties on family childcare home education network providers, including requiring providers to adopt and use a curriculum and to provide age-appropriate and developmentally appropriate educational activities for children.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 10250 of the Welfare and Institutions Code is amended to read:

10250.

(a) The department, with funds appropriated for this purpose, shall contract with authorized entities to operate family childcare home education networks that support educational objectives for children in licensed family childcare homes that serve families eligible for subsidized childcare.

(b) Family childcare home education network programs shall include, but are not limited to, all of the following:

(1) Age-and developmentally appropriate activities for children.

(2) Care and supervision of children.

(3) Parenting education.

(4) Identification of child and family social or health needs and referral of the child or the family to the appropriate social or health services.

(5) Nutrition education and training.

(6) Training and support for the network’s family childcare home providers and staff.

(7) Assessment of each family childcare provider to ensure that services are of high quality and are educationally and developmentally appropriate. Tools used to make an assessment shall be appropriate to family childcare home settings.

(8) Developmental profiles for children enrolled in the program.

(9) Maintenance of a folder, known as a developmental portfolio, for each child that includes, among other items, a child’s work product and observations of the child.

(10) Opportunities for parent involvement.

SEC. 2.

Section 10251 of the Welfare and Institutions Code is amended to read:

10251.

(a) A family childcare home education network contractor, in addition to the requirements set forth in subdivision (b) of Section 10250, shall do all of the following:

(1) Recruit, enroll, and certify eligible families.

(2) Recruit, train, support, and reimburse licensed family childcare providers.

(3) Ensure collection of family fees in accordance with contract requirements.

(4) Develop and implement a plan for timely payment to providers.

(5) Assess, according to standards set by the department, the educational quality of the program offered in each family childcare home in the network using assessment tools that are appropriate to family childcare home settings.

(6) Complete a developmental profile for each child based upon observations of network staff, and in accordance with the provider’s observations, by doing at least both of the following:

(A) In consultation with the provider, completing the developmental child assessment profile selected by the department. The contractor’s child development specialist shall sign the developmental profile.

(B) Utilizing the developmental portfolio described in paragraph (9) of subdivision (b) of Section 10250 maintained by the provider, including provider observations of each child.

(7) Conduct a parent survey, as directed by the department.

(8) Ensure that parent conferences are offered to the parent of each enrolled child. The parent may decline a parent conference.

(9) Monitor each family childcare home affiliated with the network to ensure that requirements are met, including, but not limited to, basic health, nutrition, and quality standards.

(10) Provide data and reporting in accordance with contract requirements.

(11) Conduct no less than six site visits to each affiliated provider in a program year for purposes of conducting assessments and providing technical assistance, training, and support.

(12) Support the affiliated providers in meeting the standards for program quality by reviewing, observing, and assessing the providers’ program components, and providing technical assistance, training, and coaching.

(13) Offer providers at least 12 hours annually of training and technical assistance in group or individual settings. Training may include, but is not limited to, all of the following:

(A) Age-and developmentally appropriate educational practices and activities for children.

(B) Appropriate care and supervision of children.

(C) Engaging parents in the program and providing parenting information on age-appropriate child development and activities.

(D) Menu planning and nutrition information.

(E) Provider and family communication.

(F) Understanding the developmental measures of the developmental profile child assessment instrument.

(G) Individualizing the provider’s program to meet the needs of each child in the provider’s care by using the results of the developmental profile.

(H) Inclusion of children with exceptional needs, dual language learners, and trauma-informed care.

(14) Employ at least one child development specialist who has educational qualifications equivalent to a child development teacher permit, to provide training, technical assistance, and coaching to providers. Notwithstanding any other law, family childcare home education network providers shall not be required to employ individuals with child development teacher permits.

(15) Maintain a signed, written agreement with each affiliated provider and an authorized representative of the family childcare home education network. The agreement shall include, but not be limited to, all of the following:

(A) The provider’s status as an independent contractor with the family childcare home education network.

(B) The provider’s nondiscrimination policy.

(b) A family childcare home education network contractor is not required to maintain a parent advisory committee.

SEC. 3.

Section 10253 is added to the Welfare and Institutions Code, to read:

10253.

(a) A provider in a family childcare home education network shall adopt and use a curriculum or curricula, of the provider’s choosing, appropriate for the age range of children in the home.

(b) In order to ensure educational quality for children, the family childcare home education network contractor may adopt a policy limiting the curricula acceptable within its network. The policy shall include not less than three curricula, and the contractor may approve provider-developed curricula if they are educational and appropriate for the age ranges of children in the homes.

SEC. 4.

Section 10254 is added to the Welfare and Institutions Code, to read:

10254.

(a) A provider in a family childcare home education network shall do all of the following:

(1) Provide age-appropriate and developmentally appropriate educational activities for children.

(2) Provide care and supervision of children.

(3) Provide parenting education to parents. Parenting education may include, but is not limited to, general program information and formal or informal parent conferences and exchange of information about the development, needs, and skills of the parents’ child or children.

(4) Identify child and family social service or health needs, and share those needs with the family childcare home education network contractor.

(5) Provide nutrition that is consistent with standards of the federal Child and Adult Care Food Program of the United States Department of Agriculture.

(6) Work in consultation with the contractor to complete the developmental profile for each child, including doing all of the following:

(A) In consultation with the contractor, complete the developmental profile child assessment instrument.

(B) Maintain a developmental portfolio, as described in paragraph (9) of subdivision (b) of Section 10250, for each child that includes items produced by the child. A copy of this portfolio shall be shared with the contractor for purposes of department review.

(D) Conduct or participate in parent conferences per contractor policies.

(7) Provide the contractor with copies of all citations issued to the provider by the Community Care Licensing Division of the State Department of Social Services within five calendar days of the issuing date of the citation.

(8) Obtain no less than 12 hours of professional training per year, and maintain documentation of the training for three years. Training may include group or individual training provided by the contractor, or training provided by other qualified individuals or organizations.

(b) A provider may, but is not required to, encourage parent involvement in the provider’s family childcare home education network program.