Amended in Senate June 16, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 12, 2016

Amended in Assembly April 5, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2133

Introduced by Assembly Member Chu

February 17, 2016

An act to begin delete add Section 8221.6 to the Education Code, end delete begin insert end insert begin insert amend Section 1596.86 of, and to add Section 1596.864 to, the Health and Safety Code, end insert relating to child begin delete care and development. end delete begin insert end insert begin insert care. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2133, as amended, Chu. Child care: begin delete alternative payment programs: complaint process. end delete begin insert provider training. end insert

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Existing law requires the State Department of Social Services to license and regulate family day care home providers and to regulate other nonlicensed persons who provide in-home child care. Violation of these provisions is a crime.

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This bill, as of July 1, 2017, would require a family child care provider, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care. The bill would require the Department of Industrial Relations to select an entity to provide the training required, based on a competitive process, and would require the State Department of Social Services to administer the contract with that entity. By creating a new crime, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law, the Child Care and Development Services Act, requires the State Department of Education to contract with local contracting agencies for alternative payment programs that are intended to allow for maximum parental choice in child care.

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This bill would provide that a licensed or license-exempt child care provider who receives payment through a designated alternative payment program may file a complaint, alleging that the alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures in the California Code of Regulations, as specified.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares both of the
following:

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(a) Improving occupational health and safety in all lines of work
is a priority for the State of California, and that focus should extend
to family child care providers. Improving health and safety for
family child care providers will also protect the health and safety
of the children under their care, because a safer and healthier
environment for family child care providers means a safer and
healthier environment for children.

end insert begin insert

(b) Family child care providers are at risk for occupational
health and safety hazards on the job, including from toxic
chemicals, illness, stress, and physical hazards such as lifting and
bending. According to the Bureau of Labor Statistics, child care
workers have musculoskeletal injury rates comparable to those of
industrial truck and tractor operators and construction equipment
operators. Since family child care providers are not covered by
workers’ compensation insurance, it is particularly important to
them and to the children under their care that they be trained to
avoid injury and illness on the job.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1596.86 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1596.86.  

(a) The director shall annually publish and make
available to interested persons a list or lists covering all licensed
child day care facilities, other than small family day care homes,
and the services for which each facility has been licensed or issued
a special permit. The lists shall also specify the licensed capacity
of the facility and whether it is licensed by the department or by
another public agency.

(b)  To encourage the recruitment of small family day care
homes and protect their personal privacy, the department shall
prevent the use of lists containing names, begin delete addresses end delete begin insert addresses, end insert
and other identifying information of facilities identified as small
family day care homes, except as necessary for administering the
licensing program, facilitating the placement of children in these
facilities, and providing the names and addresses to resource and
referral agencies funded by the State Department of Education,
food and nutrition programs funded by the State Department of
Education, alternative payment programs funded by the State
Department of Education, county programs under the Greater
Avenues for Independence Act of 1985 (Article 3.2 (commencing
with Section 11320) of Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code), begin insert the entity selected to provide the
trainings required pursuant to Section 1596.864, end insert family day care
organizations, or specialized health care service plans licensed
under the Knox-Keene Health Care Service Plan Act of 1975, as
contained in Chapter 2.5 (commencing with Section 1340), which
provide employee assistance program services that include child
care referral services. Upon request, parents seeking local day care
services may receive the names and telephone numbers of local
small family day care providers.

(c)  The department, in consultation with the Child Development
Division of the State Department of Education, shall adopt
regulations relating to the confidentiality of information provided
pursuant to subdivision (b) on small family day care homes. These
regulations shall include procedures for updating lists or other
information on small family day care providers to ensure referral
only to licensed homes in good standing with the department. Any
person or entity violating the regulations under this subdivision
may be denied access by the department to information on small
family day care homes and shall be reported by the department to
the appropriate funding or licensing department.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 1596.864 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1596.864. end insert   

(a) For purposes of this section, the following
definitions shall apply:

(1) “Family child care provider” or “provider” means either
of the following:

(A) A family day care home provider, as described in Section
1596.78, who is licensed pursuant to the requirement in Section
1596.80.

(B) A person who provides child care to children, in his or her
own home or in the home of the child receiving care, under a
publicly funded child care program and who is exempt from
licensing requirements pursuant to Section 1596.792, but excluding
family child care providers who are the relatives of the children
receiving care.

(2) “Publicly funded child care program” means a program to
subsidize early learning and care for children that is administered
by the State Department of Education, the State Department of
Social Services, or another department, agency, or political
subdivision of the state, including, but not limited to, child care
voucher programs, contracted child care slots, the California State
Preschool Program, and programs established subsequent to the
passage of this section, but not including the K-12 public education
system.

(b) A family child care provider shall attend a one-time,
two-hour training on occupational health and safety risks specific
to the child care profession and how to identify and avoid those
risks to protect the provider’s own health and safety and the health
and safety of the children in his or her care.

(c) The State Department of Social Services may establish a
schedule according to which all family child care providers shall
be required to complete the training in no less than four years
from when the training is first offered pursuant to this section, or
within three months of the provider becoming a family child care
provider, whichever occurs later. In establishing this schedule,
the department shall prioritize the training of licensed family child
care providers.

(d) The training sessions required pursuant to subdivision (b)
shall include all of the following:

(1) A discussion of all of the following risks and how those risks
can be identified and minimized in a child care setting:

(A) Chemical and biological hazards.

(B) Infectious disease.

(C) Physical hazards and stress.

(2) Small and large group discussion.

(3) An opportunity for the provider to learn from current child
care professionals.

(4) Upon approval by the department based on a determination
that the presentations would be relevant and useful to the
providers, presentations by organizations that foster collective
engagement by providers around improving the child care system,
including the health and safety of providers and children, and
about the organizations’ training and other opportunities for
providers.

(5) An opportunity for a provider to give feedback on the
training he or she has received.

(e) (1) The Department of Industrial Relations shall select an
entity to provide the training required in this section based on a
competitive process. The Department of Industrial Relations shall
select an entity that meets all of the following requirements:

(A) Has experience providing occupational health and safety
training, as described in this section, to family child care providers.

(B) Trains family child care providers to give the training
required by this section to other providers.

(C) Will provide periodic updates on health and safety matters
to providers who have completed the training.

(2) The entity selected to provide the training required by this
section shall develop the curriculum for the training sessions with
input from family child care providers. The curriculum shall be
reviewed and approved by the Division of Occupational Safety
and Health within the Department of Industrial Relations.

(3) The State Department of Social Services shall administer
the contract with the entity selected to provide the training.

(f) The training required by this section shall be coordinated,
to the extent possible, with other preservice training requirements
for family child care providers, and with resource and referral
networks, so as to reduce the burden on providers.

(g) On a monthly basis, the department shall provide lists of
the family child care providers who have attended the training
and of those who are required to attend the training, but have not
yet attended, and their contact information, to the entity selected
to provide the training. The entity shall use that information for
the purpose of providing family child care providers with periodic
updates on health and safety issues and other educational
information. Upon written request of a provider, the department
shall remove the provider’s home address and home telephone
number from the lists before the lists are released.

(h) The department and the entity selected to provide the training
shall comply with the Dymally-Alatorre Bilingual Services Act
(Chapter 17.5 (commencing with Section 7290) of Division 7 of
Title 1 of the Government Code), which includes, among alternative
communication options, providing the same type of training
materials in any non-English language spoken by a substantial
number of members of the public whom the department serves.

(i) This section shall become operative on July 1, 2017.

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begin insert SEC. 4. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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begin delete

SECTION 1.  

It is the intent of the Legislature to codify the
rights of child care providers who are paid to provide child care
through an alternative payment program to file a complaint with
the State Department of Education when a child care provider has
reason to believe that the alternative payment program contractor
has violated federal or state law or regulation.

SEC. 2.  

Section 8221.6 is added to the Education Code, to
read:

8221.6.  

(a) A licensed or license-exempt child care provider
who receives payment through the alternative payment program
may file a complaint, alleging that an alternative payment program
has not complied with federal or state law or regulation, pursuant
to the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.

(b) For purposes of this section, alternative payment programs
are operated by contractors reimbursed under the following contract
types:

(1) The California Alternative Payment Program.

(2) The CalWORKs Stage 2 Program.

(3) The CalWORKs Stage 3 Program.

(4) The Migrant Alternative Payment Program.

(c) The operation of this section is contingent upon the
enactment of an appropriation for this purpose in the annual Budget
Act or another statute.

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