BILL ANALYSIS Ó
AB 1897
Page 1
Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
AB 1897
(Mullin) - As Introduced February 11, 2016
SUBJECT: Day care centers: birth to first grade license option
SUMMARY: Directs the Department of Social Services (DSS) to
create an optional "birth through entering first grade" category
of day care licensure.
Specifically, this bill:
1)Makes certain Legislative findings and declarations pertaining
to the early care licensing system in California and its
separate treatment of infants and toddlers and preschool-age
children.
2)Declares the intent of the Legislature to create a third
category of licensure for facilities serving children from
birth through entering first grade, and states that this
additional license option shall not replace currently
available licensure options.
3)Declares the intent of the Legislature to require the
following under the birth-through-entering-first-grade
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licensing option:
a) Grouping children together by appropriate developmental
levels and following appropriate staff-child ratios and
group-size regulations;
b) Transitioning children from age-appropriate settings
when their developmental level warrants this move;
c) Considering a child's chronological age and the entire
group's need when making decisions regarding moving a
child;
d) Ensuring supervision of all children by teachers and
aides with appropriate qualifications;
e) Grouping toddlers with either infants or preschoolers as
long as the requirements applicable to the youngest age
group are followed;
f) Placing emphasis on improving quality of care and
education for children from birth through entering first
grade placed in center-based programs;
g) Promoting long-term efficiency within the Community Care
Licensing Division (CCLD) of DSS through eliminating
duplicate paperwork, toddler component waiver processing,
and compliance visits to day care centers; and
h) Implementing a single inspection visit and
administration of the birth to entering first grade day
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care center in order to increase efficiency and allow for
more holistic evaluation of the center.
4)Directs DSS, by January 1, 2018, and in consultation with
specified stakeholders, to adopt regulations to develop and
implement a "birth to entering first grade" license option for
day care centers that include age-appropriate transition
periods, as specified, and requirements that a birth to
entering first grade licensee list the age groups of children
being served, as specified, and that all other licensing
regulations that apply to a day care center shall apply to a
birth to entering first grade license option.
5)States that a new applicant for a birth to entering first
grade license may be charged a fee commensurate with other
age-specific facility license fee schedules.
6)Requires a day care center licensee to continue to meet
regulatory requirements and inspection standards for the age
groups of children receiving care in that center, until an
existing day care center license has been replaced with a
birth to entering first grade license.
EXISTING LAW:
1)Establishes the California Child Day Care Facilities Act,
creating a separate licensing category for child day care
centers and family day care homes within DSS's existing
licensing structure. (HSC 1596.70 et seq.)
2)Defines "day care center" to include infant centers,
preschools, extended day care facilities, and school-age child
care centers. (HSC 1596.76)
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3)Requires any person or entity operating, as specified, a child
day care facility in California to have a current valid
license. (HSC 1596.80)
4)Requires DSS to charge an original application fee for the
issuance of a license to operate a child day care facility
and, thereafter, an annual fee and that these fees be adjusted
by facility and capacity. (HSC 1596.803)
5)Directs DSS to develop guidelines and procedures for
authorizing licensed child day care centers serving
preschool-age children and licensed child day care centers
serving infants to create a special optional toddler program
for children between the ages of 18 months and 3 years of age
and further requires this optional toddler program to meet
certain requirements, as specified. (HSC 1596.955 and
1596.956)
6)Directs DSS, and any local agency with which it contracts for
purposes of licensing activities, to conduct an initial site
visit and grant or deny an application for license within 30
days of receiving a complete licensing application for a day
care center. (HSC 1597.13)
FISCAL EFFECT: Unknown.
COMMENTS:
Licensed child care: The California Child Day Care Facilities
Act governs the licensure and operation of child day care
centers and family day care homes. This law and the attendant
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regulations found in Title 22 of the California Code of
Regulations establish general health and safety requirements,
staff-to-child ratios, and provider training requirements.
The Community Care Licensing Division (CCLD) of DSS is
responsible for licensing and monitoring the state's 10,467 day
care centers, which, as of June 30, 2015, provided 590,596 child
care slots. CCLD is required to conduct unannounced site visits
of all licensed child day care facilities and homes. CCLD
conducts random inspections of 30% of facilities annually, and
each facility must be visited at least once every five years.
Some exceptions triggering more frequent inspections exist, and
federal funding requires approximately10% of facilities to be
inspected annually. Prior to 2004, annual inspections were
required for most facilities; the 2003-04 state budget reduced
the required frequency to once every five years. Based on
changes adopted in the 2015-16 state budget, starting in January
2017, DSS will increase inspections to once every three years
for all facilities. (Beginning in 2018, all facilities except
child care will be inspected once every two years, and starting
in 2019, adult day care facilities and residential care
facilities for the elderly will be inspected annually.)
Infant centers serve children under two years old, preschool
child care centers serve children between the ages of 2 and when
they start school, and school-age child care centers serve
children who have entered the first grade or are in a child care
program exclusively for children in kindergarten and above. A
"combination center" is any combination of an infant center,
preschool child care center, school-age child care center and
child care center for mildly ill children that is owned and
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operated by one licensee at a common address. In California,
separate licenses are currently required for serving infants and
for serving preschool-age children. Thus, owner/operators of
combination centers serving both populations must get two
licenses and undergo separate inspection and compliance
processes for each license.
Continuity of care and child development: Child care providers
and caregivers, when they form continuous attachments with young
children through providing regular care, can have positive
impacts on the development of those children. Research
indicates that infants who form strong attachments with their
child care providers exhibit higher likelihood of playing,
exploring, and interacting with adults in their child care
settings. Conversely, it has been found that when very young
children are made to transition from one room to another in a
care setting due to pre-determined developmental stages (often
based on birthdate), they can experience high levels of
distress. Fewer demonstrations of behavior problems while at
child care have also been found in young children who experience
lower turnover in care providers and longer periods spent with
their primary caregiver. Continuity of care for young children
can also provide benefits for caregivers and parents, allowing
for the continued development of trust between parents and care
providers.
Need for this bill: According to the author, "[This bill] will
allow [DSS] to create an integrated child care facility license
as an additional option that providers can choose when applying
for or renewing their facility license. The addition of an
integrated birth through entering first grade facility license
option will allow child care and preschool providers the ability
to implement the best practices around continuity of care when
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transitioning children, teachers and peers between age specific
classrooms. This integrated facility license option will also
allow providers with federal contracts to more fully meet
continuity of care regulations. Additionally, [this bill] will
allow child care providers the ability to better manage their
school year enrollment so that their facility can reach maximum
utilization, thus serving more children and families. A single
license option will reduce the administrative burden on severely
underfunded child care centers and [DSS] so that they can both
focus on providing a safe and healthy environment for
California's children."
PRIOR LEGISLATION:
AB 762 (Mullin), Chapter 373, Statutes of 2015, increased the
upper age limit for optional toddler programs authorized by DSS
from 30 months to three years of age.
REGISTERED SUPPORT / OPPOSITION:
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Support
Advancement Project
Board of Supervisors, Contra Costa County
California Alternative Payment Program Association (CAPPA)
California Child Care Resource and Referral Network
California Child Development Administrators Association (CCDAA)
California Head Start Association
Californians for Quality Early Learning (CQEL)
Child Care Alliance of Los Angeles
Child Care Law Center
Child Care Partnership Council of San Mateo County
Child Development Center
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Children Now
Community Child Care Council of Sonoma County
Educare California of Silicon Valley
Footsteps Child Care
Go Kids, Inc.
Kidango, Inc.
KidZKount
Local Early Education Planning Council of Santa Clara
Los Angeles County Office of Education (LACOE)
Millbrae Nursery School.
Peninsula Family Service
Plaza de la Raza Child Development Service Inc.
Professional Association for Childhood Education (PCACE)
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Resource Connection Early Childhood Programs
Opposition
None on file.
Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089