BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 762 ----------------------------------------------------------------- |Author: |Mullin | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |June 1, 2015 |Hearing |July 14, 2015 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mareva Brown | |: | | ----------------------------------------------------------------- Subject: Day care centers: integrated licensing SUMMARY This bill requires a day care center with a toddler component to extend the toddler component to serve children 18 months to 3 years, and requires that the California Department of Social Services (CDSS) issue conforming guidelines. ABSTRACT Existing law: 1) Establishes the California Child Day Care Facilities Act, with stated Legislative intent to provide a comprehensive quality system for licensing child day care facilities separate from other facility types within the existing licensing system at CDSS because this system of licensure requires a special understanding of the unique characteristics and needs of child served by child day care facilities. (HSC 1596.70) 2) Defines a child day care facility to mean a facility that provides nonmedical care to children under 18 years of age including day care centers, employer-sponsored child care centers, and family day care homes; Defines a day care center to include any child day care facility AB 762 (Mullin) PageB of? other than a family day care home, including infant centers, preschools, extended day care facilities, and school age child care centers. (HSC 1596.750, HSC 1596.76) 3) Defines an infant as a child under two years of age (22 CCR § 101152 (i)) 4) Requires CDSS to develop guidelines and procedures to authorize licensed child day care centers serving infants to create a special program component for children between the ages of 18 months and 30 months, as specified. (HSC 1596.956) 5) Requires CDSS to develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between the ages of 18 months and 30 months, as specified. (HSC 1596.955) 6) Establishes in regulation separate staff-to-child ratios, the requirement to provide a toddler program separate from the infant program and other requirements for the optional toddler program in a child day care facility (CCR Title 22, Section 101417) 7) Permits a child whose developmental needs require continuation in an infant care center to remain in an infant care center up to a maximum age of three years. (CCR Title 22, Section 101361) This bill: 1) Requires a day care center with a toddler component to extend the toddler component to serve children between 18 months and three years of age commencing January 1, 2016, and states Legislative intent to provide continuity of care to California's children and parents. 2) Requires CDSS to modify guidelines and procedures for authorizing the optional toddler component of an infant day care program from the existing 18- to 30-months to 18 AB 762 (Mullin) PageC of? months to three years. FISCAL IMPACT According to an Assembly analysis, this bill will result in one-time costs to DSS of likely less than $100,000 for regulatory and policy changes. BACKGROUND AND DISCUSSION Purpose of the bill: According to the author, AB 762 bridges the gap in care for some children between the age of 30 and 36 months by extending the toddler option for infant child care licenses to three years. Community Care Licensing (CCL) provides and administers licenses for infants (birth to two yrs.) and Preschoolers (two years to entering first grade). The "Toddler Component" means the component of an infant or preschool care program license designed for children between the ages of 18 months and 30 months. Programs may apply for a waiver for each individual child to allow them to stay in the Toddler classroom until 30 months. According to the author, this is a time-consuming process and ultimately is up to the discretion and time available to process the multiple requests of local licensing analysts. However, the waiver still doesn't resolve the potential for a child to lose care from 30 to 36 months as most preschool classrooms serve children from three years old until they enter kindergarten. In this situation children lose the benefits of continuity of care and developmental gains, and their parents must often leave jobs or school to care for them, the author states. Infant and toddler development The ages between birth and age three are critical in a child's life, a time of the most rapid brain development, including learning gross- and fine-motor activities, the development of AB 762 (Mullin) PageD of? language, synaptic development and dynamic changes.<1> One especially critical growth stage during this time is the development of attachment to parents and caretakers which, according to researchers, takes place most substantially between birth and age five. If an attachment does not develop in this period then a child may suffer from irreversible developmental consequences, including an inability to bond with peers or adults through the lifetime, reduced intelligence and increased aggression.<2> In that context, researchers also found that when children are in safe, nurturing, and high-quality settings, maintaining the primary caregiving relationship until the child is at least three years old is an important effort to support continuity for the child and family.<3> Another milestone of development for toddlers is the ability to toilet. According to the National Institutes of Health,<4> most children in Western countries achieve bladder and bowel control between 24 and 48 months of age, although the question of when to toilet train is highly individualized and "reaching this developmental milestone may be difficult for both the child and parents." Advancement in child care settings may be tied to the achievement of potty training. Day Care Centers As of May, CDSS licensed 1,972 infant centers with a total capacity of 45,071 children and an additional 10,480 day care centers with a capacity for 591,745 toddlers and preschoolers. Current regulations allow child care centers with an infant license to serve children between 0 and 24 months, unless they apply to DSS for the toddler option, allowing them to continue caring for children up to 30 months of age. A waiver must be --------------------------- <1> ZERO TO THREE: National Center for Infants, Toddlers and Families, http://www.zerotothree.org/child-development/early-development/ <2> McLeod, S. A. (2009). Attachment Theory. Retrieved from www.simplypsychology.org/attachment.html <3> Promoting Continuity of Care in Infant/Toddler Settings: What Can State/Territory Leaders Do?," Infant/Toddler Community Practice group, funded by the U.S. Administration for Children and Families, July 2012 <4> http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2819951/ AB 762 (Mullin) PageE of? filed for each child pursuing the toddler option. CDSS does not have records of how many toddler option waivers have been filed, Preschool licenses may begin at either 24 or 36 months, leaving a potential gap for children who exit infant care at 24 months and enter preschool care at 36 months. This bill seeks to address that gap by extending the ability of an infant center to use the existing toddler permit process up to 36 months, rather than ending it at 30 months, as is current law. Related legislation: SB 629 (Morgan, Chapter 1079, Statutes of 1989) established this optional license category for day care programs SB 434 (Morgan, Chapter 246, Statutes of 1993) refined and made the optional program permanent. COMMENTS Current statute permits a toddler waiver for an infant center up to 30 months. This bill additionally would give centers that have both infant and preschool licenses the flexibility to transition children into the preschool portion of the program later in order to accommodate kindergarten departure schedules, and children who need additional time to reach developmental milestones, potty train or adjust socially to the transition. In order for waiver to conform to all types of child education programs, staff recommends the following amendment: HSC 1596.955. (a) The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children betweenthe ages of 18 months and 30 months.18 and 36 months of age. This optional toddler program shall be subject to the following basic conditions: (1) An amended application is submitted to and approved AB 762 (Mullin) PageF of? by the department.(2) No child shall be placed in the preschool program before the age of 30 months without parental permission. A child who is more than 30 months of age may participate in the toddler program with parental permission.(3) Parents give permission for the placement of their children in the toddler program. (4) A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher. (5) The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers. (6) The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation. (7) All other preschool regulations are complied with. (b) The toddler program shall be considered an extension of the preschool license, without the need for a separate license. (c) The department shall immediately prepare proposed regulations for public hearing which would consider the foregoing basic conditions as well as any additional health and safety safeguards deemed necessary for this age group. (d) The guidelines in subdivision (a) shall remain in force and effect only until regulations implementing this section are adopted by the department. (e) Commencing January 1, 2016, a day care center with a toddler component pursuant to this section shall extend the toddler component to serve children between 18 months to three years of age. It is the intent of the Legislature to provide continuity of care to California's children and parents in the implementation of this subdivision. PRIOR VOTES ----------------------------------------------------------------- |Assembly Floor: |78 - | | |0 | AB 762 (Mullin) PageG of? |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |14 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Human Services Committee: |7 - | | |0 | ----------------------------------------------------------------- POSITIONS Support: Advancement Project Alameda County Developmental Disabilities Planning and Advisory Council Association of California School Administrators California Association for the Education of Young Children California Child Care Coordinators Association California Child Care Resource & Referral Network California Child Development Administrators Association California Head Start Association Californians for Quality Early Learning California State PTA Child Care Partnership Council Child Care Resource Center Children Now Contra Costa County County of San Mateo Early Edge California East Bay Developmental Disabilities Legislative Coalition Easter Seals Footsteps Child Care Institute for Human and Social Development Kidango Los Angeles County Office of Education AB 762 (Mullin) PageH of? MAAC Pacific Clinics Peninsula family Service Professional Association for Childhood Education San Francisco Child Care Planning and Advocacy Council Santa Clara County Office of Education Oppose: None received. -- END --