Amended in Senate July 10, 2013

Amended in Senate June 17, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 641

Introduced by Assembly Member Rendon

(Coauthors: Assembly Members Ammiano and Bradford)

February 20, 2013

An act to add Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, begin insert and to add Section 1596.811 to the Health and Safety Code, end insert relating to child care.

LEGISLATIVE COUNSEL’S DIGEST

AB 641, as amended, Rendon. Child care: family child care providers: bargaining representative.

begin delete

Existing law authorizes employees of public schools to form, join, and participate in the activities of an employee organization for the purpose of representation on matters of employer-employee relations, including terms and conditions of employment.

end delete

Existing law, begin insert the California Child Day Care Facilities Act, provides for the licensure and regulation of family day care homes by the State Department of Social Services. Existing law, end insert 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 that offer a full range of services for eligible children from infancy to 13 years of age begin insert , including, among others, resource and referral programs, alternative payment programs, and family child care home education networks end insert .

This bill would authorize family child care providers, as defined, to begin delete choose whether to be represented by a single end delete begin insert form, join, and participate in the activities of end insert provider begin delete organization, end delete begin insert organizations, end insert as defined, begin delete that would be designated end delete begin insert and to seek the certification of a provider organization to act as the exclusive representative for family child care providers on matters related to child care subsidy programs end insert pursuant to a begin delete specified end delete petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board. The bill would also establish a Family Child Care Parent Advisory Committee begin delete that is required end delete begin insert , consisting of 11 members, end insert to begin delete (A) end delete advise begin insert , and make recommendations to, end insert the Governor and any certified provider organization on certain issues, and begin delete (B) make specified recommendations end delete begin insert would provide for the reimbursement of members of the committee for related travel expenses end insert .

The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding family child care providers available to provider organizations begin insert , end insert and would require the provider organization requesting the information to bear the costs of collecting the information.

The bill would begin delete authorize a certified provider organization to perform various functions, including meeting with state regulatory agencies and engaging in various types of negotiation on matters within a specified scope of representation with the Department of Human Resources, in consultation with the Superintendent of Public Instruction and other state agencies that administer programs of publicly funded child care. The bill would prohibit provider organizations from calling strikes and from interfering with, intimidating, restraining, coercing, or discriminating against a family child care provider because the family child care provider joins or refuses to join a provider organization. The state, as defined, also would be subject to the latter prohibition. end delete begin insert establish the scope of representation of the certified provider organization, and would require the Governor, through the Department of Human Resources, in consultation with the Superintendent of Public Instruction and other entities, to meet and confer in good faith with the certified provider organization on all matters within that scope of representation. The bill would require the parties to jointly prepare a memorandum of understanding if agreement is reached, which would be binding on all state departments and agencies, and their contractors and subcontractors, that are involved in the administration of child care subsidy programs. end insert The bill would authorize the begin delete Governor, through the Department of Human Resources, and the certified provider organization, end delete begin insert parties, end insert if, after a reasonable period of time they fail to reach agreement, to agree to submit unresolved issues to the California State Mediation and Conciliation Service for mediation or binding arbitration, and would authorize either party to declare that an impasse has been reached and request the Public Employment Relations Board to appoint a mediator or arbitrator from the service to perform mediation or binding arbitration.

begin insert

The bill would authorize a certified provider organization to enter into an agreement with the state regarding deduction of membership dues and fair share fees from subsidy payments made to providers, and would prohibit provider organizations and the state, as defined, from calling strikes and from interfering with, intimidating, restraining, coercing, or discriminating against a family child care provider for joining or refusing to join a provider organization.

end insert begin insert

The bill would require the State Department of Education to require all resource and referral agencies to provide, without charge, workshops to family child care providers that include, among other things, training on child development and literacy, and to provide copies of curricula, frameworks, and introductory materials related to childhood education endorsed or published by the State Department of Education.

end insert begin insert

The bill would require the State Department of Social Services to consult with a stakeholder group, as specified, regarding ways to ensure the most effective implementation of safety standards for family child care homes.

end insert

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.  

The Legislature finds and declares all of the
following:

(a) Quality, affordable child care is essential to prepare
California’s children to succeed in school and in life and to allow
families to work and contribute to the state’s economy with the
assurance that their children are safe and well cared for.

(b) Family child care is the child care setting of choice for many
families because of its warm homelike environment, convenience,
and affordability. The flexibility offered by many family child care
providers is particularly vital to the more than one-in-five
California workers who work nontraditional schedules and need
child care on evenings, overnight, and weekends.

(c) Family child care providers are small business owners who
contribute significantly to the economies of their communities and
the state. As businesses, family child care providers are engines
for economic growth, generating 100,000 direct and indirect jobs,
three billion five hundred million dollars ($3,500,000,000) in
economic output, and five hundred fifty million dollars
($550,000,000) in tax revenues. Family child care providers also
contribute to the economy by serving as a vital job support for
working families.

(d) There is a need to improve the quality of child care and to
increase stability in the industry that is charged with providing
safe and quality care for children in California. Turnover among
family child care providers is estimated at more than 30 percent
per year, more than four times higher than among teachers in the
public school system. Losing a caregiver leaves working parents
scrambling to find other arrangements and disrupts children’s
cognitive and social development, putting them at a disadvantage
when it is time for them to start school.

(e) Experienced family child care providers who care for
children under California’s child care subsidy program are leaving
the profession because low reimbursement rates and a lack of
access to affordable health insurance mean they cannot afford to
provide for their own families. The state’s fragmented, disorganized
system for paying family child care providers under the child care
subsidy program, in which more than 120 different agencies
contract with the state to pay family child care begin delete providers end delete begin insert providers, end insert
also contributes to the turnover. Family child care providers’ pay
is often late, is reduced, or never arrives, and there is a lack of
clear authority and redress when problems arise.

(f) The supply of quality child care in the market is inadequate
to meet the demand in California. Since begin delete 2008 end delete begin insert 2008, end insert the state has
lost nearly 11,000 licensed child care providers, representing a
25-percent decrease in the supply of licensed child care providers
and an elimination of 21 percent of, or 86,500, licensed slots for
children in these homes. In 2011, there was only licensed capacity
to care for 25 percent of children begin delete with end delete begin insert of end insert working parents.

(g) Child care presents a perfect opportunity for early learning
and increased school readiness. However, there are few connections
between the state’s child care system and the elementary and
secondary educational system. Establishing such links would
improve the quality of early education and care for California’s
children and strengthen the elementary and secondary educational
system by ensuring that children would be better prepared to start
school.

(h) Family child care providers’ role in the state’s child care
system gives them unique insight into how quality, access, and
stability could be improved for children and families. In the last
year, family child care providers have worked with the begin delete California end delete
begin insert State end insert Department of Education to make improvements to the
state’s requirements for timeliness of payment and communications
with family child care providers and families. This progress shows
the value that family child care provider voices can add. But it also
highlights the need for family child care providers to have a formal
role in decisionmaking on issues that shape the child care system
and the way they carry out their profession.

(i) To promote higher quality and greater access and stability
in the child care system, it is necessary to enact legislation to grant
family child care providers the right to choose a representative to
negotiate collectively with the state over the operation of the child
care subsidy program. Permitting family child care providers a
formal voice will allow the state to get input from family child
care providers and to maximize its return on its investment in child
care, and will allow family child care providers to advocate to
improve the quality, access, and stability of care available to
California’s children and families.

(j) Families who receive child care subsidies also lack any
formal voice into the way the child care system operates. Forming
a Family Child Care Parent Advisory Committee on matters related
to the begin insert state end insert child care subsidy program will permit the state to
benefit from the experience and recommendations of families who
rely on the begin insert state end insert child care subsidy program.

begin insert

(k) Research demonstrates that substantive orientation training
for family child care providers, accompanied by educational
material, and the opportunity for family child care providers to
give formal feedback to oversight agencies are effective ways to
improve quality outcomes among family child care providers and
children. For example, a survey in Oregon found that
license-exempt child care providers who attended an orientation
training and received a toolkit were 44 percent more likely to read
to their children five or more times a week than before they had
attended the orientation training and received the toolkit.

end insert begin insert

(l) While many resource and referral agencies make high-quality
training opportunities available to family child care providers,
including through the California Child Care Initiative Project,
these opportunities are not available to all family child care
providers. Requiring that high-quality training be made available
to family child care providers at convenient times and in
community-based locations on topics such as child development
and literacy will increase the quality of care provided and
maximize the state’s return on its investment in the child care
system.

end insert begin insert

(m) Establishing a stakeholder group of family child care
providers and parents whose children participate in family child
care to consult with the State Department of Social Services and
the State Department of Education regarding best practices to
ensure the well-being of children, including, but not limited to, the
most effective implementation of safety standards and training,
will also improve the quality of care provided to California’s
children.

end insert

SEC. 2.  

Article 19.5 (commencing with Section 8430) is added
to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
Code, to read:

 

Article 19.5.  Quality Family Child Care

 

8430.  

This article shall be known, and may be cited, as the
Quality Family Child Care Act.

8430.5.  

(a) The purpose of this article is to promote quality,
access, and stability in the child care system by authorizing an
appropriate unit of family child care providers to choose a provider
organization to act as their exclusive representative on all matters
specified in this article. It is also the purpose of this article to
promote full communication between family child care providers
and the state by permitting a provider organization certified as the
representative of family child care providers to meet and confer
with the state regarding the state’s child care system.

(b) This article does not change family child care providers’
status as independent business owners or classify family child care
providers as public employees.

8431.  

As used in this article:

(a) “Certified provider organization” means a provider
organization that is, or provider organizations that jointly are,
certified by the board as the exclusive representative of family
child care providers in an appropriate unit after a proceeding under
Section 8434.

(b) “Child care subsidy program” means a program established
pursuant to this chapter and administered by the department or the
State Department of Social Services, or both, or any successor
program or similar program subsequently established or
administered by any departments of the state or a political
subdivision of the state, to subsidize families in purchasing child
care.

(c) “Family child care provider” or “provider” means a child
care provider that participates in a child care subsidy program and
is either of the following:

(1) A family day care home provider, as defined in Section
1596.78 of the Health and Safety Code, who is licensed pursuant
to the requirement in Section 1596.80 of the Health and Safety
Code.

(2) An individual who meets begin delete all end delete begin insert both end insert of the following criteria:

(A) Provides child care in his or her own home or in the home
of the child receiving care.

(B) Is exempt from licensing requirements pursuant to Section
1596.792 of the Health and Safety Code.

begin delete

(C) Participates in a child care subsidy program.

end delete

(d) “Provider organization” means an organization that has all
of the following characteristics:

(1) Includes family child care providers.

(2) Has as one of its main purposes the representation of family
child care providers in their relations with public and private
entities in California.

(3) Is not an entity that contracts with the state or a county to
administer or process payments for a child care subsidy program.

(e) “Public Employment Relations Board” or “board” means
the Public Employment Relations Board established pursuant to
Section 3541 of the Government Code. The powers and duties of
the board described in Sections 3514.5, 3520.5, and 3541.3 of the
Government Code, and the respective implementing regulations,
shall apply, as appropriate, to this article to the extent those
procedures are not inconsistent with the procedures specified in
this article. If a provision of this article is the same or substantially
the same as that contained in Chapter 10 (commencing with Section
3500), Chapter 10.3 (commencing with Section 3512), or Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of
the Government Code, it shall be interpreted and applied in
accordance with the judicial interpretations of the provision in
those statutes.

8431.3.  

(a) There is hereby established a Family Child Care
Parent Advisory Committee. The committee shall consist of 11
members, nine of whom shall be the parents or guardians of
children who participate or have participated in a child care subsidy
program begin insert , with particular consideration given to parents who are
involved with, or have received training from, organizations
focused on child care advocacy or made up of parents whose
children receive child care end insert . The Director of the State Department
of Social Services, or his or her designee, shall serve on the
committee. The Superintendent, or his or her designee, shall serve
on the committee and act as the committee chair. A majority of
members of the committee shall constitute a quorum for the
transaction of any business.

(b) The Governor shall appoint five parent or guardian members
to the committee.

(c) The Speaker of the Assembly, and the Senate Committee
on Rules shall each appoint two parent or guardian members to
the committee.

(d) The committee members shall serve three-year terms.

(e) The committee shall meet not more than three times per
calendar year and the committee members shall each be entitled
to reimbursement for travel by the department not to exceed four
hundred dollars ($400) per meeting for airfare, or fifty-six and
four-tenths cents ($0.564) per mile for motor vehicle mileage per
meeting.

(f) The committee shall advise the Governor, or his or her
designee, and any certified provider organization regarding issues
related to the quality, affordability, and accessibility of child care
offered through child care subsidy programs of the state. In
particular, the committee shall make recommendations regarding
both of the following:

(1) Strategies for improving quality, affordability, and access
to child care for families, begin delete including, but not limited to, end delete begin insert and for
ensuring that families are informed of their rights and eligibility
for benefits under the child care subsidy programs of the state.
These strategies shall include recommendations relevant to end insert families
who cannot participate in the child care subsidy program because
of wait lists or other hurdles.

(2) The structure of the child care subsidy program of the state,
including, but not limited to, the application and renewal process,
eligibility rules and standards, and the amount of family
copayments.

8431.5.  

The state action antitrust exemption to the application
of federal and state antitrust laws is applicable to the activities of
family child care providers and their representatives authorized
under this article.

8432.  

Family child care providers have the right to form, join,
and participate in the activities of provider organizations of their
own choosing for the purpose of being represented in all matters
specified in this article. Family child care providers have the right
to refuse to join or participate in the activities of provider
organizations, except that a certified provider organization may
charge family child care providers who receive payment from a
child care subsidy program a fair share fee pursuant to Section
8436.

8432.5.  

Family child care providers are not public employees,
and this article does not create an employer-employee relationship
between family child care providers and the state or a public or
private nonprofit entity for any purpose, including, but not limited
to, eligibility for health or retirement benefits or vicarious liability
in tort. This article does not alter the status of a family child care
provider as a business owner, an employee of a family, or a
contractor.

8433.  

This article does not alter the rights of families to select,
direct, and terminate the services of family child care providers.

8433.5.  

(a) Within 10 days of receipt of a request from a
provider organization, the State Department of Social Services
shall make available to that provider organization information
regarding family child care providers described in paragraph (1)
of subdivision (c) of Section 8431, including each provider’s name,
home address, mailing address, telephone number, email address,
and license number.

(b) Within 30 days of receipt of a request from a provider
organization, the department, with the assistance of the State
Department of Social Services and any state department or agency,
or its contractor or subcontractor, in possession of the relevant
information, shall collect information regarding family child care
providers, including each provider’s name, home address, mailing
address, telephone number, email address, unique provider
identification number, if applicable, and shall make that
information available to the provider organization. The provider
organization shall bear the reasonable costs of collecting the
information described in this subdivision if that information has
not been previously collected.

(c) A provider organization under this article shall be considered
a day care organization for purposes of subdivisions (b) and (c) of
Section 1596.86 of the Health and Safety Code. All confidentiality
requirements applicable to recipients of information pursuant to
Section 1596.86 of the Health and Safety Code apply to provider
organizations and shall apply also to protect the personal
information of family child care providers as defined in paragraph
(2) of subdivision (c) of Section 8431. Information provided
pursuant to this section shall be used only for purposes of
organizing and representing family child care providers.

8434.  

(a) An appropriate unit of family child care providers,
as defined in subdivision (e), may designate, in accordance with
the provisions of this article, the provider organization, if any, that
shall be its exclusive representative. The board shall certify a
provider organization designated by an appropriate unit of family
child care providers as the exclusive representative of those
providers.

(b) Requests for elections, challenges, and competing claims,
requests for intervention, and requests for decertification shall be
filed with, received by, and acted upon by the board, provided that
a valid petition for a certification or decertification election is
resolved by a secret ballot election among family child care
providers. The board may designate a neutral third party to act on
any of the requests filed with the board pursuant to this subdivision.

(c) The provider organization that presents a petition requesting
certification shall pay the reasonable costs of verifying the number
of family child care providers that have designated a provider
organization to act as their exclusive representative. The board, or
a neutral third party designated by the board to act on a request
for certification election, shall consider a document evidencing a
family child care provider’s support for a provider organization
valid if it was signed by the family child care provider within two
years of the date it is submitted to the board.

(d) All provider organizations placed on the ballot shall share
equally the cost of an election.

(e) The only appropriate unit shall consist of all family child
care providers in the state.

(f) A certified provider organization shall represent each
provider in the represented unit fairly, without discrimination and
without regard to whether the provider is a member of the provider
organization.

8434.5.  

The scope of representation shall include all of the
following:

(a) The administration of laws and regulations governing
licensing for providers.

(b) Joint labor-management committees.

(c) Contract grievance arbitration.

(d) Expanded access to professional development and training
opportunities for providers.

(e) Benefits for providers.

(f) Payment procedures for child care subsidy programs.

(g) Reimbursement rates and other economic matters.

(h) Expanded access to food and nutrition programs.

(i) The deduction of membership dues, fair share fees, and any
voluntary deductions authorized by individual family child care
providers.

(j) Building connections between the family child care system
and the elementary and secondary educational system.

(k) Expanded access to the begin delete subsidized family end delete child care begin delete system end delete
begin insert subsidy program end insert to families in need of subsidies.

(l) Any changes to current practice other than those listed in
subdivisions (a) to (k), inclusive, that would do any of the
following:

(1) Improve recruitment and retention of qualified providers.

(2) Improve the quality of the programs.

(3) Encourage qualified providers to seek additional education
and training.

(4) Promote the health and safety of providers and the children
in their care.

8435.  

(a) The Governor, through the Department of Human
Resources, in consultation with the Superintendent, other state
agencies that administer programs of publicly funded child care,
and their contractors, as needed, shall meet and confer in good
faith regarding all matters within the scope of representation with
representatives of a certified provider organization and, before
arriving at a determination of policy or course of action, shall
consider fully the presentations made by the certified provider
organization on behalf of the providers it represents.

(b) As used in this section, “meet and confer in good faith”
means that the Governor, through the Department of Human
Resources, and representatives of the certified provider
organization shall have the mutual obligation to meet and confer
promptly upon request by either party and continue for a reasonable
period of time in order to exchange freely information, opinions,
and proposals. The duty to meet and confer in good faith also
requires the parties to begin negotiations sufficiently in advance
of the adoption of the state’s final budget for the ensuing fiscal
year so that there is adequate time for agreement to be reached
before the adoption of the final budget and for the resolution of
an impasse.

8435.5.  

(a) If agreement is reached between the Governor,
through the Department of Human Resources, and the certified
provider organization, they jointly shall prepare a written
memorandum of understanding. Any portions of the memorandum
of understanding requiring appropriation by the Legislature or
statutory or regulatory revisions shall be subject to legislative
approval of those appropriations or statutory or regulatory
revisions.

(b) A memorandum of understanding between the Governor,
through the Department of Human Resources, and the certified
provider organization is binding on all state departments and
agencies that are involved in the administration of child care
subsidy programs, and the relevant contractors or subcontractors
of those departments and agencies.

(c) An agreement pursuant to this section may provide for
binding arbitration of grievances concerning the interpretation,
application, or violation of the agreement.

(d) This article does not alter the requirements governing the
child care reimbursement system that are set forth in Section 8222.

8436.  

(a) A certified provider organization shall have the same
right to enter into an agreement with the state regarding deduction
of membership dues and fair share fees from subsidy payments
made to providers, including payments made through state
agencies, departments, contractors, or subcontractors, as recognized
employee organizations have under Sections 3515.7 and 3515.8
of the Government Code.

(b) The amount of any fair share fee shall not exceed the amount
of the dues payable by the members of the certified provider
organization. The costs covered by the fair share fee may include
all of the following:

(1) The certified provider organization’s costs for meeting and
conferring with the state.

(2) Contract administration.

(3) Securing for the represented providers improvements in
subsidy rates, benefits, payment systems, training opportunities,
and other matters related to the family child care system in addition
to those secured through meeting and conferring with the state.

(4) Other activities germane to the certified provider
organization’s function as the exclusive representative of providers.

(c) If the deduction of membership dues or fair share fees for a
provider requires action by more than one agency, department,
contractor, or subcontractor, the certified provider organization
shall establish procedures to ensure both of the following:

(1) The amount of the dues or fees does not exceed the total
membership or fair share fee owed by that provider.

(2) The administrative procedures for deducting dues or fees
are reasonable.

(d) The state, its agencies and departments, and their contractors
and subcontractors shall not be liable in any action by a provider
seeking recovery of, or damage for, improper calculation or use
of fair share fees.

8436.5.  

(a) It is unlawful for the state, including its agencies,
boards, commissions, departments, public benefit corporations,
political subdivisions, contractors, subcontractors, or employees,
to do to providers or provider organizations any of the things made
unlawful under Section 3519 of the Government Code.

(b) It shall be unlawful for a provider organization to do to the
state or to providers any of the things made unlawful under Section
3519.5 of the Government Code.

(c) For purposes of subdivisions (a) and (b), the references in
subdivision (e) of Section 3519 of, and subdivision (d) of Section
3519.5 of, the Government Code to “the mediation procedure set
forth in Section 3518” shall be deemed to refer to the impasse
procedures set forth in Section 8437.5.

(d) The initial determination as to whether charges of unfair
practices are justified and, if so, what remedy is necessary to
effectuate the purposes of this article shall be a matter within the
exclusive jurisdiction of the board.

8437.  

A provider organization shall not direct or call a strike.

8437.5.  

If after a reasonable period of time the parties fail to
reach agreement, the parties may agree to submit unresolved issues
to the California State Mediation and Conciliation Service
established by the Department of Industrial Relations for mediation
or binding arbitration, or either party may declare that an impasse
has been reached and request the board to appoint a mediator or
an arbitrator from the California State Mediation and Conciliation
Service to perform mediation or binding arbitration. A
memorandum of understanding reached by means of mediation or
arbitration is subject to appropriation by the Legislature and
necessary statutory and regulatory revisions.

begin insert

begin insert 8438. end insert   

(a) To ensure that family child care providers have the
opportunity to receive substantive training on topics such as child
development and literacy and on other resources available to
family child care providers and the families they serve, the
department shall require all resource and referral agencies to
provide in-person introductory workshops to all family child care
providers in that region who participate in child care subsidy
programs. Other child care providers and parents who participate
in child care subsidy programs may also be invited to attend the
provider workshops.

(b) A provider workshop shall be offered without charge to
family child care providers, at times and in community-based
settings that are convenient and accessible, with a particular focus
on making the workshops accessible to family child care providers
serving children who are English learners.

(c) If a substantial number of the family child care providers
participating in child care subsidy programs in a county are
non-English speaking, some provider workshops, including written
material distributed at the workshops, shall be provided in the
languages spoken by a substantial number of family child care
providers, in order to facilitate full participation from all providers.

(d) Alternatives to in-person provider workshops shall be offered
on a case-by-case basis for family child care providers who have
been unable to attend a scheduled workshop within two years after
the workshop is first offered, or within six months after the family
child care provider begins participating in the child care subsidy
program.

(e) A provider workshop shall include all of the following:

(1) Training on child development and literacy, including best
practices on how to align early education with standards for
kindergarten and grades 1 to 5, inclusive.

(2) Providing attendees with copies of curricula, frameworks,
and introductory materials related to childhood education that
are published or endorsed by the department.

(3) Information on resources available to family child care
providers and the children and families they serve, including the
federal Child and Adult Care Food Program, the state early
intervention system, First 5 county commissions, and alternative
payment programs. This information may be delivered through
brief presentations by representatives of those organizations.

(4) An opportunity for family child care providers to provide
input and feedback on the workshop.

(f) A provider workshop may also include the following:

(1) Training on all of the following:

(A) Setting up a family child care home to create an enriching
environment for children.

(B) Creating a routine for children.

(C) Creating a curriculum.

(D) Involving parents in their children’s early education and
care.

(2) Information on bilingual teaching practices.

(3) Information on available training and professional
development opportunities, including those offered by local
resource and referral agencies, community colleges, and in
association with First 5 county commissions.

(4) Opportunities for coaching or mentoring by early childhood
professionals, including other family child care providers.

(5) Information on the state’s licensing system for family child
care providers, including how to become a licensed provider, and
how providers are informed of licensing rules and regulations.

(g) If there is a certified provider organization, it shall be
permitted to make a brief presentation at the provider workshops.

(h) The implementation of this section is contingent upon
appropriation of funds for purposes of this section in the annual
Budget Act.

(i) The curricula and other materials required to be distributed
to family child care providers participating in child care subsidy
programs pursuant to paragraph (2) of subdivision (e) shall also
be provided to all licensed family child care providers, including
those who do not participate in child care subsidy programs, either
by mail or electronic mail. The department shall work with the
State Department of Social Services to distribute these materials.

(j) The Superintendent may adopt rules and regulations to set
standards regarding the introductory core provider workshops
required pursuant to this section.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1596.811 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1596.811. end insert   

(a) The department shall consult with a stakeholder
group made up of up to four family child care providers, up to four
parents or guardians of children who attend or have attended
family child care, and the State Department of Education regarding
ways to ensure the most effective implementation of safety
standards for family child care homes.

(b) The family child care provider participants in the stakeholder
group shall be designated by the provider organization certified
pursuant to Section 8434 of the Education Code, or, if no provider
organization has been certified, by the Governor.

(c) The parent or guardian participants shall be designated by
the Family Child Care Parent Advisory Committee established by
Section 8431.3 of the Education Code.

end insert