BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1897


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          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