Bill Text: CA AB2463 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2463	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2010

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 19, 2010

   An act to amend Sections 8210,  8211,  8212, 8214, 8215,
and 8216 of, to add Sections 8212.5,  8217,  
8215.5   ,  and 8218 to,  and  to repeal
 Sections 8211 and   Section  8212.3 of,
the Education Code,   and to amend Section 1596.655 of the
Health and Safety 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 delete provisions expressing the
Legislature's intent to appropriate certain funds for allocation to
resource and referral agencies. The 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. 
   (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.  
   (2) 
    (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
 , and would require the Superintendent to allocate funds,
including funds from the federal Child Care and Development Block
Grant quality set-aside, in accordance with specified requirements
 . The bill would establish the Growing, Learning, Caring
Project to foster and improve the quality of child care in 
all settings, including child care settings that are exempt from
licensing requirements   home-based settings  .

   (3) 
    (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 
providing specified additional data, and  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
repealed. 
   SEC. 2.    Section 8211 of the   Education
Code   is amended to read: 
   8211.  It is the intent of the Legislature  that one
hundred eighty thousand dollars ($180,000) be appropriated 
 to appropriate  each fiscal year  funding  for
allocation to child care and development resource and referral
 agencies operated by local educational agencies for the
purpose of the child care resources and referral program set forth in
this article   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 referrals  
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
 , where available,   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  which   that
 are spoken in the community.
   Each child care resource and referral program shall publicize its
services through  all  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.
   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,  when
appropriate   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 community resource assistance to parents, child care
providers, and other community organizations by providing information
about community resources, child care statistics, and initiating a
child care business.  
   (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  and maximize federal, state, and local
resources  .
   (8) Assist community and public agencies in planning,
coordinating, and improving child care in the area. 
   (9) Assist the local county welfare agency in determining the
child care needs of CalWORKs families, and provide CalWORKs families
with information on available child care.  
   (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) A program operating pursuant to this article shall, within
two business days of receiving notice, remove a licensed child day
care facility with a revocation or a temporary suspension order, or
that is on probation from the program's referral list.  

   (f) (1) For purposes of statewide data compilation, a child care
resource and referral agency 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 agency 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) (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,  shall   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
 programs  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.
 
   Projects in accordance with the following provisions: 
    (1)     For the
California Child Care Initiative Project - State Program, the
Superintendent   Initiative Project - State Program and
 shall ensure that each dollar of state funds allocated pursuant
to  subdivision (c)   this subdivision  is
matched by two dollars ($2) from other sources, including private
corporations, the federal government, or local governments. 
   (2) For the California Child Care Initiative Project - Quality
Plan Program, the Superintendent shall allocate state and federal
funds from the federal Child Care and Development Block Grant quality
set-aside.  
   (d) The Superintendent shall develop a database for the two
projects. 
   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. 
   SEC. 8.   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, as
well as information to a family on the family's ability to choose a
license-exempt provider.   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. 9.    Section 8217 is added to the Education
Code, to read:
   8217.  (a) There is hereby established the Growing, Learning,
Caring Project. The intent of the Legislature in establishing the
project is to foster and improve the quality of child care in all
settings, including child care settings that are exempt from
licensing requirements.
   (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.
   (c) The Superintendent shall allocate state and federal funds
appropriated for purposes of the Growing, Learning, Caring Project.

  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.
 
  SEC. 11.    Section 1596.655 of the Health and
Safety Code is amended to read:
   1596.655.  A child care resource and referral agency established
pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of
Part 6 of the Education Code shall have the following
responsibilities in the administration of the trustline within its
local geographic area of service:
   (a) Implement the local elements of the promotion plan designed by
the California Child Care Resource and Referral Network pursuant to
Section 1596.643 and publicize the availability, purpose, and
benefits of the trustline to parents, child care providers,
prospective child care providers, and institutions and agencies that
have frequent contact with parents and providers.
   (b) Cooperate with the California Child Care Resource and Referral
Network in promotional and data collection efforts, including
providing information on child care supply and demand data on a
biennial basis from their service areas, and data on other child care
resource and referral services, such as training and technical
assistance, on a quarterly basis for the purposes of statewide data
compilation.
   (c) Report annually to the California Child Care Resource and
Referral Network on local promotional efforts, problems encountered,
and recommendations for program improvement.
   (d) Ensure that the trustline is accessible to all persons in the
state, regardless of their ability to speak English.
   (e) Provide information and technical assistance on the trustline
process to parents, child care providers, and other interested
parties.
   (f) Review and process trustline applications for in-home or
license-exempt, home-based child care providers who are being paid
through state-funded child care subsidies.
   (g) 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.