BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 762
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          |Author:   |Mullin                                                |
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          |Version:  |June 1, 2015           |Hearing    |July 14, 2015    |
          |          |                       |Date:      |                 |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mareva Brown                                          |
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                  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  








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               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  









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               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  












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          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/









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          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 between  the 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  









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                 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
          
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          |Assembly Floor:                                            |78 - |
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          |-----------------------------------------------------------+-----|
          |Assembly Appropriations Committee:                         |14 - |
          |                                                           |0    |
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          |Assembly Human Services Committee:                         |7 -  |
          |                                                           |0    |
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            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









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               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.      


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