AB 274, as amended, Bonilla. Child care and development services.
(1) The Child Care and Development Services Act, administered by the State Department of Education, provides that children up to 13 years of age are eligible, with certain requirements, for child care and development services. The act requires the department to contract with local contracting agencies to provide for alternative payment programs, and authorizes alternative payment programs for services provided in licensed centers and family day care homes and for other types of programs that conform to applicable law.
This bill would require child care providers authorized to provide services pursuant to those provisions to submit to the alternative payment program a monthly attendance record or invoice for each child who received services that, at a minimum, documents, the dates and actual times care was provided each day. The bill would require the monthly attendance record or invoice to, at a minimum, be signed by the parent or guardian of the child receiving services and the child care provider once per month to attest that the child’s attendance is accurately reflected. The bill would require verification of attendance to be made by signature at the end of each month of care and under penalty of perjury by both the parent or guardian of the child receiving services and the child care provider. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would require an alternative payment program to accept the monthly attendance record or invoice as documentation of the hours of care provided if the attendance record or invoice includes adequate information documented on a daily basis, as specified. The bill would specify the hours or days and hours that an alternative payment program is required to reimburse.begin insert The bill would make these provisions operative on July 1, 2014.end insert
The
end deletebegin insertThisend insert bill would also authorize alternative payment programs and providers and other contractors providing child care development services to maintain records in electronic format if the original documents were created in electronic format, including, but not limited to, child immunization records.
(2) Existing law authorizes the Superintendent of Public Instruction to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services related to the delivery of child care and development services or the furnishing of property, facilities, personnel, supplies, equipment, and administrative services related to the delivery of child care development services.
This bill would require the department, on and after the date on which the Superintendent determines that the Financial Information System for California has been implemented within the department, at the request of a contractor, to request the Controller to make payments via direct deposit by electronic funds transfer, as specified.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 8221.5 is added to the Education Code,
2to read:
(a) Child care providers authorized to provide services
4pursuant to this article shall submit to the alternative payment
5program a monthly attendance record or invoice for each child
6who received services that, at a minimum, documents the dates
7and actual times care was provided each day, including the time
8the child entered and the time the child left care each day. The
9information shall be documented on a daily basis.
10(b) The monthly attendance record or invoice shall, at a
11minimum, be signed by the parent or guardian of the child receiving
12services and the child care provider once per month to attest that
13the child’s attendance is accurately reflected. The
verification of
14attendance shall be made by signature at the end of each month of
15care and under penalty of perjury by both the parent or guardian
16of the child receiving services and the child care provider.
17(c) The monthly attendance record or invoice shall be maintained
18by the child care provider in the unaltered original format in which
19it was created, which may be in paper form or electronic format.
20(d) The alternative payment program shall accept the monthly
21attendance record or invoice as documentation of the hours of care
22provided if the attendance record or invoice includes adequate
23information documented on a daily basis,
including, at a minimum,
24the dates and actual times care was provided each day, including
25the time the child entered and the time the child left care each day.
26The alternative payment program shall reimburse child care
27providers based upon the following criteria:
28(1) The hours of service provided that are broadly consistent
29with certified hours of need.
P4 1(2) For families with variable schedules, the actual days and
2hours of attendance, up to the maximum certified hours.
3(3) For license-exempt providers that provide part-time services,
4the actual days and hours of attendance, up to the maximum
5certified hours.
6(e) For purposes of reimbursement to
providers through an
7alternative payment program, contractors shall not be required to
8track absences.
9(f) For purposes of this section, a monthly attendance record or
10invoice is defined as documentation that includes, at a minimum,
11the name of the child receiving services, the dates and actual times
12care was provided each day, including the time the child entered
13and the time the child left care each day, that is signed under
14penalty of perjury by both the parent or guardian and the child care
15provider, attesting that the information provided is accurate.
16(g) This section shall become operative on July 1, 2014.
end insertSection 8227.3 is added to the Education Code, to
18read:
(a) Alternative payment programs and providers
20operating or providing services pursuant to this article may
21maintain records in electronic format only if the original documents
22were created in electronic format. Records that may be created in
23electronic format and maintained electronically include, but are
24not limited to, the following:
25(1) Child immunization records.
26(2) Parental job verification records.
27(3) Parent income verification.
28(4) Parent school or
training verifications and attendance
29records.
30(b) Pursuant to Section 33421, the original records shall be
31retained by each contractor for at least five years, or, where an
32audit has been requested by a state agency, until the date the audit
33is resolved, whichever is longer.
34(c) Nothing in this section requires an alternative payment
35program or provider to create records electronically.
Section 8262.1 is added to the Education Code, to
37read:
(a) Contractors operating or providing services
39pursuant to this chapter may maintain records in electronic format
40only if the original documents were created in electronic format.
P5 1Records that may be created in electronic format and maintained
2electronically include, but are not limited to, the following:
3(1) Child immunization records.
4(2) Parental job verification records.
5(3) Parent income verification.
6(4) Parent school or training verifications and attendance
7records.
8(b) Pursuant to Section 33421, the original records shall be
9retained by each contractor for at least five years, or, where an
10audit has been requested by a state agency, until the date the audit
11is resolved, whichever is longer.
12(c) Nothing in this section requires a contractor to create records
13electronically.
Section 8262.3 is added to the Education Code, to
15read:
On and after the date on which the Superintendent
17determines that the Financial Information System for California
18(Fi$Cal Project) has been implemented within the department, at
19the request of a contractor, for a contract executed by the
20department pursuant to Section 8262, the department shall request
21the Controller to make a payment via direct deposit by electronic
22funds transfer through the Fi$Cal Project into the contractor’s
23account at the financial institution of the contractor’s choice.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.
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