Senate Bill No. 192

Introduced by Senator Liu

February 7, 2013

An act to amend Sections 8202, 8214, 8220.5, and 8352 of the Education Code, relating to child care.

LEGISLATIVE COUNSEL’S DIGEST

SB 192, as introduced, Liu. Child care: early learning and school support resources.

The Child Care and Development Services Act (act), administered by the State Department of Education, provides that children from infancy to 13 years of age and their parents are eligible, with certain requirements, for child care and development services. The act declares the intent of the Legislature that all families have accesses to child care and development services through resource and referral programs, as specified.

This bill would additionally declare the intent of the Legislature that all children in California have access to high-quality early learning and education support programs so that they thrive in their early learning settings and succeed throughout kindergarten and grades 1 to 12, inclusive, as specified.

The act provides that child care resource and referral services shall be provided to all persons requesting services and to all types of child care providers, regardless of income level or other eligibility criteria. The act provides for child care alternative payment programs, the purpose of which is to provide for parental choice in child care, and requires those programs to provide support services to families, including information to parents to assist them in making informed choices. Existing law also requires that child care be provided in 3 stages to recipients of benefits under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. The first stage of child care begins upon the entry of a person into the CalWORKs program. The 2nd stage of child care begins when a county determines that the work or approved work activity of the recipient is stable or when a recipient is making the transition off of aid and child care. The 3rd stage of child care, which is administered by programs contracting with the department, begins when a funded child care space becomes available for the child or children of the eligible CalWORKs recipient.

This bill would require child care resource and referral programs to provide information about certain child care services available when a family is determined eligible for child care and development services or recertified as eligible for those services under the alternative payment program or stages 2 or 3 of the CalWORKs program. The bill would require child care resource and referral agencies to give priority to providing information about safe, caring, and age-appropriate early learning and school support environments for children as well as environments that support the parents’ work activity. The bill would require the department to develop and certify a list of high-quality early learning and school support resources and to post the list on its Internet Web site. The bill would provide that in providing information about child care, child care resource and referral agencies may use resources from the department’s certified list or local resources, as specified.

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 8202 of the Education Code is amended
to read:

8202.  

It is the intent of the Legislature that:

begin insert

(a) All children in California have access to high-quality early
learning and education support programs so that they thrive in
their early learning settings and succeed throughout kindergarten
and grades 1 to 12, inclusive. It is further the intent of the
Legislature that this be accomplished through the creation of a
comprehensive early learning and school support system for
children from birth through third grade that will promote both of
the following:

end insert begin insert

(1) Access to safe, high-quality programs.

end insert begin insert

(2) Comprehensive support for the development of the whole
child, including healthy physical, cognitive, social, and emotional
growth and development.

end insert begin delete

(a)

end delete

begin insert (b) end insert  All families have access to child care and development
services, through resource and referral services, where appropriate,
regardless of ethnic status, cultural background, or special needs.
It is further the intent that subsidized child care and development
services be provided to persons meeting the eligibility criteria
established under this chapter to the extent funding is made
available by the Legislature and Congress.

begin delete

(b) The healthy physical, cognitive, social, and emotional growth
and development of children be supported.

end delete

(c) Families achieve and maintain their personal, social,
economic, and emotional stability through an opportunity to attain
financial stability through employment, while maximizing growth
and development of their children, and enhancing their parenting
skills through participation in child care and development
programs.

(d) Community-level coordination in support of child care and
development services be encouraged.

(e) Families have a choice of programs that allow for maximum
involvement in planning, implementation, operation, and evaluation
of child care and development programs.

(f) Parents and families be fully informed of their rights and
responsibilities to evaluate the quality and safety of child care
programs, including, but not limited to, their right to inspect child
care licensing files.

(g) Planning for expansion of child care and development
programs be based on ongoing local needs assessments.

(h) The Superintendent begin delete of Public Instruction end delete , in providing
funding to child care and development agencies, promote a range
of services begin delete which end delete begin insert that end insert will allow parents the opportunity to choose
the type of care most suited to their needs. The program scope may
include the following:

(1) Programs located in centers, family day care homes, or in
the child’s own home.

(2) Services provided part-day, full-day, and during nonstandard
hours including weekend care, night and shift care, before and
after school care, and care during holidays and vacation.

(3) Child care services provided for infants, preschool, and
schoolage children.

(i) The Superintendent begin delete of Public Instruction end delete be responsible for
the establishment of a public hearing process or other public input
process that ensures the participation of those agencies directly
affected by a particular section or sections of this chapter.

SEC. 2.  

Section 8214 of the Education Code is amended to
read:

8214.  

begin insert (a) end insert begin insert   end insert Child care resources and referral shall be provided
to all persons requesting services and to all types of child care
providers, regardless of income level or other eligibility criteria.
In addition to the services prescribed by this section, child care
resource and referral may provide a wide variety of parent and
provider support and educational services.

begin insert

(b) The information provided to parents pursuant to subdivision
(a) of Section 8220.5 shall be provided to all families determined
eligible for and receiving services through the alternative payment
programs established pursuant to Article 3 (commencing with
Section 8220) and to all parents eligible for and receiving services
through the CalWORKs stage 2 and stage 3 programs pursuant
to Article 15.5 (commencing with Section 8350). These services
shall be provided at the time the family is determined eligible for
child care services and at recertification of eligibility so that
parents may make informed choices about child care services
available. Priority shall be given to providing information about
child care services that offer a safe, caring, and age-appropriate
early learning and school support environment for children as
well as an environment that supports the parents’ work activity.
When providing information to parents about high-quality early
learning and school support options, child care resource and
referral agencies may use resources from the certified list posted
on the department’s Internet Web site required by subdivision (c)
or may develop local resources that shall include, but are not
limited to, the following:

end insert begin insert

(1) Licensing and trustline requirements for centers, family
homes, and homes exempt from licensure.

end insert begin insert

(2) Caretaker-child interactions.

end insert begin insert

(3) Caretaker experience with young children.

end insert begin insert

(4) Environments that support the healthy development of young
children.

end insert begin insert

(5) Daily or regular schedules, routines, and policies.

end insert begin insert

(6) Information on quality rating and improvement systems,
where available.

end insert begin insert

(c) The department shall develop and certify a list of high-quality
early learning and school support resources to provide parents
with information about high-quality options for child care. The
list of certified resources shall be posted and maintained on the
department’s Internet Web site.

end insert begin insert

(d) The department shall make the resources described in
subdivision (c) available to both resource and referral programs
and alternative payment programs.

end insert

SEC. 3.  

Section 8220.5 of the Education Code is amended to
read:

8220.5.  

To offer maximum support for parents and providers,
alternative payment programs shall have access to resource and
referral services. Funding shall be adequate to purchase care at the
fee charged the private client for the same service as well as to
provide locally designed support services for parents and providers.
begin delete In communities where there are no resource and referral agencies,
alternative end delete begin insert Alternative end insert payment programs shall begin insert , in collaboration
with the resource and referral agencies in the county, end insert provide the
following support services:

(a)  begin delete Information end delete begin insert (1) end insert begin insert   end insert begin insert At the time the family is determined eligible
for child care services and at recertification of eligibility, provide
information end insert for parents to assist them in making informed choices
begin insert about the available types of care that offer a safe, caring, and
age-appropriate early learning and school support environment
for children as well as an environment that supports the parents’
work activities, including, but not limited to, information about
high-quality early learning and school support resources identified
pursuant to subdivision (b) of Section 8214 end insert .

begin insert

(2) Where available, provide information on quality rating and
improvement systems.

end insert

(b) Professional and technical assistance and information for
providers.

(c) Parenting information.

SEC. 4.  

Section 8352 of the Education Code is amended to
read:

8352.  

(a) As soon as appropriate, a county welfare department
shall refer families needing child care services to the local child
care resource and referral program funded pursuant to Article 2
(commencing with Section 8210). Resource and referral program
staff shall colocate with a county welfare department’s case
management offices for aid under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any successor program, or arrange other
means of swift communication with parents and case managers of
this aid. The local child care resource and referral program shall
assist families to establish stable child care arrangements as soon
as possible. These child care arrangements may include licensed
and license-exempt care.

begin insert

(b) In providing the support services required by Section 8220.5,
the resource and referral agencies in the county shall provide
information regarding high-quality early learning and school
support resources identified pursuant to subdivision (b) of Section
8214. Where available, that information shall include information
on quality rating and improvement systems.

end insert begin delete

(b) 

end delete

begin insert (c) end insert begin insert   end insert A program operating pursuant to this article shall, within
two business days of being notified of a revocation or a temporary
suspension order for a licensed child day care facility, do both of
the following:

(1) Terminate payment to the facility.

(2) Notify each parent and the facility in writing that payment
has been terminated and the reason for the termination.

begin delete

(c)

end delete

begin insert (d) end insert  A program operating pursuant to this article shall, upon
being notified that a licensed child care facility has been placed
on probation, provide written notice to each parent utilizing the
facility that the facility has been placed on probation and that the
parent has the option of selecting a different child day care provider
or remaining with the facility without risk of subsidy payments to
the provider being terminated. The Legislature urges each agency
operating pursuant to this section to provide the written notice
required by this subdivision in the primary language of the parent,
to the extent feasible.