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 AB 1897 Page 2 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 AB 1897 Page 3 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) AB 1897 Page 4 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 AB 1897 Page 5 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 AB 1897 Page 6 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 AB 1897 Page 7 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: AB 1897 Page 8 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 AB 1897 Page 9 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) AB 1897 Page 10 Resource Connection Early Childhood Programs Opposition None on file. Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089