Bill Text: CA AB2463 | 2009-2010 | Regular Session | Amended
Bill Title: Child care resource and referral programs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB2463 Detail]
Download: California-2009-AB2463-Amended.html
BILL NUMBER: AB 2463 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 3, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
INTRODUCED BY Assembly Member Brownley
( Coauthor: Senator Hancock
)
FEBRUARY 19, 2010
An act to amend Sections 8210, 8211, 8212, 8214, 8215, and 8216
of, to add Sections 8212.5, 8215.5, and 8218 to, and to repeal
Section 8212.3 of, the Education Code, relating to child care and
development services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2463, as amended, Brownley. Child care resource and referral
programs.
(1) The Child Care and Development Services Act, administered by
the State Department of Education, requires the Superintendent of
Public Instruction to administer child care and development programs.
Existing law authorizes funds appropriated for purposes of the act
to be used for child care resource and referral programs, which may
be operated by public or private nonprofit entities and are required
to provide certain information and services to parents and child care
providers relating to child care services in a defined geographic
area.
This bill would require a child care resource and referral program
to provide specified additional services, including providing
training and workshops relating to child care services, community
resource assistance, and collaborating with and assisting other
community agencies in planning, coordinating, and improving child
care. The bill would delete provisions authorizing a resource and
referral program to provide short-term respite care, as defined. The
bill would require a resource and referral program to provide basic
child care referrals, as defined, at no cost. The bill would
require a child care resource and referral program to
include additional information in the documentation that a
resource and referral program is required to maintain.
(2) Existing law requires the State Department of Social Services
to prevent the use of lists containing names, addresses, and other
identifying information of facilities identified as small family day
care homes, with certain exceptions.
This bill, in addition, would require a child care resource and
referral program to limit the distribution of lists of small family
day care homes except when necessary to collaborate with federal,
state, and local emergency response organizations for emergency
preparedness and response efforts.
(3) Existing law establishes the California Child Care Initiative
Project for certain purposes, including increasing the availability
of qualified child care programs in the state.
This bill would instead establish 2 projects, to be known as the
California Child Care Initiative Project - State Program, and the
California Child Care Initiative Project - Quality Plan Program.
The bill would establish the Growing, Learning, Caring
Project to foster and improve the quality of child care in home-based
settings.
(4) Existing law requires the State Department of Social Services
to establish a trustline registry for purposes of conducting
background checks for specified child care service providers, and
imposes certain responsibilities on resource and referral programs in
the administration of the trustline.
This bill would impose additional requirements on resource and
referral programs relating to the trustline, including reviewing
and processing trustline applications for in-home
or license-exempt home-based child care providers who are being paid
through state-funded child care subsidies, and facilitating the
trustline automated registration process or the trustline Web-based
application process. The bill would make other conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8210 of the Education Code is amended to read:
8210. Funds appropriated for the purpose of this article shall be
used for child care resource and referral programs which may be
operated by public or private nonprofit entities.
SEC. 2. Section 8211 of the Education Code is amended to read:
8211. It is the intent of the Legislature to appropriate each
fiscal year funding for allocation to child care and development
resource and referral programs.
SEC. 3. Section 8212 of the Education Code is amended to read:
8212. Child care resource and referral programs are unique in
their provision of services to parents and all types of child care
providers. For purposes of this article, child care resource and
referral programs, established to serve a defined geographic area,
shall provide the following services:
(a) Identify the full range of existing child care services
through information provided by all relevant public and private
agencies in the areas of service, and the development of a resource
file of those services which shall be maintained and updated at least
quarterly. These services shall include, but not be limited to,
family day care homes, public and private day care programs,
full-time and part-time programs, and infant, preschool, and extended
care programs.
The resource file shall include, but not be limited to, the
following information:
(1) Type of program.
(2) Hours of service.
(3) Ages of children served.
(4) Fees and eligibility for services.
(5) Significant program information.
(b) (1) Establish a referral process that is described in writing
and is available to parents and providers upon request, that responds
to parental need for information. Referrals shall be available to
all persons requesting the information regardless of income level or
other eligibility requirements. A child care resource and referral
program shall limit the distribution of lists of small family day
care homes as required pursuant to Section 1596.86 of the Health and
Safety Code except when necessary to collaborate with federal, state,
and local emergency response organizations for emergency
preparedness and response efforts. Referrals shall be provided with
full recognition of the confidentiality rights of parents. Resource
and referral programs shall make referrals to licensed child day care
facilities, and may make referrals to programs that are legally
exempt from licensing. The referral process shall afford parents
maximum access and choice to all referral information. This access
shall include, but is not limited to, telephone referrals to be made
available for at least 30 hours per week as part of a full week of
contracted operation. Every effort shall be made to make child care
referrals accessible to all parents within the defined geographic
area by using methods including, but not limited to, any of the
following:
(A) Toll-free telephone lines.
(B) E-mail and other appropriate technology.
(C) Office space convenient to parents and providers.
(D) Referrals in languages that are spoken in the community.
Each child care resource and referral program shall publicize its
services through available media sources, agencies, and other
appropriate methods.
(2) (A) Provide information to any person who requests a child
care referral of his or her right to view the licensing information
of a licensed child day care facility required to be maintained at
the facility pursuant to Section 1596.859 of the Health and Safety
Code and to access any public files pertaining to the facility that
are maintained by the State Department of Social Services Community
Care Licensing Division.
(B) A written or oral advisement in substantially the following
form will comply with the requirements of subparagraph (A):
"State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining to
the facility that documents a facility visit or a substantiated
complaint investigation. In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing Division. You
have the right to access any public information in these files."
(c) Maintain ongoing documentation of requests for service
tabulated through the internal referral process. The following
documentation of requests for service shall be maintained by all
child care resource and referral programs:
(1) Number of calls and contacts to the child care resource and
referral program or component.
(2) Ages of children served.
(3) Time category of child care request for each child.
(4) Special time category, such as nights, weekends, and swing
shift.
(5) Reason that the child care is needed.
(6) Requests for other child care information.
(7) Child care supply information, including the number of
licensed child care programs, licensed family day care homes,
license-exempt child care programs, and, if available, the number of
license exempt child care providers.
This information shall be maintained in a manner that is easily
accessible for dissemination purposes.
(d) Provide technical assistance to existing and potential
providers of all types of child care services to improve access to,
increase the supply of, and improve the quality of child care
available in every community in California. This assistance shall
include, but not be limited to, the following:
(1) Provide information on all aspects of initiating new child
care services including, but not limited to, licensing, zoning,
program and budget development, and assistance in finding this
information from other sources.
(2) Provide information and resources that help existing child
care services providers to maximize their ability to serve the
children and parents of their community, including, for example, site
visits and toy and resource libraries.
(3) Provide training and workshops on health and safety, child
development, special needs, and other topics related to professional
development.
(4) Disseminate information on current public issues affecting the
local and state delivery of child care services.
(5) Facilitate communication between existing child care and
child-related services providers in the community served.
(6) Provide information about community resources, child care
statistics, and opening a child care business to parents, child care
providers, community organizations, and government entities.
(7) Collaborate with community partners to increase awareness of
child care issues.
(8) Assist community and public agencies in planning,
coordinating, and improving child care in the area.
(9) Partner with local county welfare agencies in meeting the
child care needs of CalWORKs families.
(10) Facilitate efforts to expand child care services in the local
community based on demonstrated demand for services.
(e) Services prescribed by this section shall be provided in order
to maximize parental choice in the selection of child care to
facilitate the maintenance and development of child care services and
resources.
(f) (1) For purposes of statewide data compilation, a child care
resource and referral program shall provide to the California Child
Care Resource and Referral Network the following information:
(A) Data from its service area on child care supply and demand.
(B) Data on other child care resource and referral services,
including, but not limited to, training and technical assistance
provided to parents and providers.
(2) A child care resource and referral program shall provide the
information in subparagraph (A) at least biennially and the
information in subparagraph (B) no more frequently than quarterly.
(3) The network shall share compiled information on child care
resource and referral services with the department annually.
(g)
(f) (1) When a program operating pursuant to this
article receives notice from the community care licensing division of
the State Department of Social Services that the license of a child
day care facility has been revoked or suspended or that the facility
is on probation, the program shall remove the facility from its
referral lists.
(2) A program operating pursuant to this article shall, within two
business days of receiving notice, notify all entities, operating a
program under Article 3 (commencing with Section 8220) and Article
15.5 (commencing with Section 8350) in the program's jurisdiction, of
a licensed child day care facility with a revocation or a temporary
suspension order, or that is on probation.
SEC. 4. Section 8212.3 of the Education Code is repealed.
SEC. 5. Section 8212.5 is added to the Education Code, to read:
8212.5. A child care resource and referral program shall develop
and implement written complaint procedures that include all of the
following:
(a) Procedures for documenting and resolving complaints.
(b) Procedures for referring reports of licensing violations to
appropriate agencies.
(c) Procedures for removing and reinstating a child care provider
from referral files.
SEC. 6. Section 8214 of the Education Code is amended to read:
8214. Basic child care referrals shall be provided at no cost to
the requesting party and shall be available to all persons requesting
services, regardless of income level or other eligibility criteria.
A basic child care referral shall include the names and telephone
numbers of child care providers that meet the requested need of the
parent or guardian seeking referrals in addition to the information
and services described in Section 8216. A fee may be charged for an
enhanced referral that includes information in addition to basic
child care referral information. In addition to the services
prescribed by this section, a child care resource and referral
program may provide a wide variety of other parent and provider
support and educational services either at no cost to the parent or
provider or on a fee-for-service basis. Services, including training,
technical assistance, and other appropriate supports that improve
the quality of child care available in the community, may be provided
for all types of child care providers.
SEC. 7. Section 8215 of the Education Code is amended to read:
8215. (a) There are hereby established two projects, known as the
California Child Care Initiative Project- State Program, and the
California Child Care Initiative Project - Quality Plan Program. It
is the intent of the Legislature to promote and foster the California
Child Care Initiative Project - State Program in cooperation with
private corporations and local governments. The objective of both
projects is to increase the availability of quality child care in the
state.
(b) For purposes of this section, the purpose of the California
Child Care Initiative Project is to clarify the role and functions of
resource and referral programs in activities including needs
assessment, recruitment and screening of providers, technical
assistance, and staff development and training, in order to aid
communities to increase the number of child care spaces available and
improve the quality of child care services offered.
(c) The Superintendent shall allocate all state and federal funds
appropriated for the California Child Care Initiative Project-State
Program and shall ensure that each dollar of state funds allocated
pursuant to this subdivision is matched by two dollars ($2) from
other sources, including private corporations, the federal
government, or local governments.
SEC. 8. Section 8215.5 is added to the Education Code, to read:
8215.5. (a) There is hereby established the Growing, Learning,
Caring Project a license-exempt training project for child care
providers who offer informal child care. The intent of the
Legislature in establishing the project is to foster and improve the
quality of child care in home-based child care settings.
(b) For purposes of this section, the Growing, Learning, Caring
Project clarifies the role and functions of resource and referral
programs in training, technical assistance, and supports for
license-exempt providers.
8215.5. Child care resource and referral programs
shall provide a range of professional development services to all
types of child care providers, including, but not limited to, license
exempt child care providers, licensed family day care homes, and
center-based child care and development programs, to support the
development of new child care services and to improve the quality of
services available in the state.
SEC. 9. Section 8216 of the Education Code is amended to read:
8216. (a) A child care resource and referral program shall
maximize parental choice and supports for parents in locating child
care resources in their community by doing the following:
(1) Provide information regarding how to select child care
services that meet the needs of the parent and child.
(2) Provide a range of possible child care alternatives from which
a parent may choose.
(3) Provide information on licensing requirements and procedures.
(4) Provide information on available child care subsidies and
eligibility requirements.
(b) When making referrals, an agency operating both a direct
service program and a resource and referral program shall provide at
least four referrals, at least one of which shall be a provider over
which the agency has no fiscal or operational control. If there are
fewer than four providers that can meet the request of the parent, a
resource and referral program shall provide all of the referrals that
meet the parent's request.
SEC. 10. Section 8218 is added to the Education Code, to read:
8218. (a) A child care resource and referral program shall
implement the trustline registry program for license-exempt child
care providers pursuant to Section 1596.655 of the Health and Safety
Code.
(b) In addition to the responsibilities specified in Section
1596.655 of the Health and Safety Code, a child care resource and
referral program shall do both of the following:
(1) Review trustline applications for completeness and forward the
necessary application information to the State Department of Social
Services in-home or license-exempt, home-based child care providers
who are being paid through state or federally funded child care
subsidies.
(2) Cooperate with the California Child Care Resource and Referral
Network to facilitate the use of the trustline automated
registration process or the trustline Web-based application process.
