California Legislature—2015–16 Regular Session

Assembly BillNo. 2150


Introduced by Assembly Members Santiago and Weber

February 17, 2016


An act to amend Sections 8263, 8263.1, and 8273.1 of the Education Code, and to amend Section 11323.2 of the Welfare and Institutions Code, relating to child care and development services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2150, as introduced, Santiago. Subsidized child care and development services: eligibility periods.

Existing law, the Child Care and Development Services Act, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law requires the Superintendent to adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement the act. The act, and regulations adopted pursuant to the act, set forth eligibility requirements for families to receive federal and state subsidized child development services and impose various time limits for receipt of services and recertification for continued services.

This bill would require that a family, upon establishing initial eligibility or ongoing eligibility for services under the act, be considered to meet all eligibility requirements for those services for not less than 12 months, receive those services for not less than 12 months before having their eligibility redetermined, and not be required to report changes to income or other changes for at least 12 months, except as provided. The bill would revise the definition of “income eligible” and provide that the definition applies for purposes of establishing initial income eligibility for services under the act, and would add a definition of “ongoing income eligible” for purposes of establishing ongoing income eligibility for services under the act. The bill would repeal certain provisions that impose time limits for services under the act and a provision that authorizes the Superintendent to grant an extension of services, as specified. The bill would make other conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 8263 of the Education Code is amended
2to read:

3

8263.  

(a) The Superintendent shall adopt rules and regulations
4on eligibility, enrollment, and priority of services needed to
5implement this chapter. In order to be eligible for federal and state
6subsidized child development services, families shall meet at least
7one requirement in each of the following areas:

8(1) A family is (A) a current aid recipient, (B) income eligible,
9(C) homeless, or (D) one whose children are recipients of protective
10services, or whose children have been identified as being abused,
11neglected, or exploited, or at risk of being abused, neglected, or
12exploited.

13(2) A family needs the child care services (A) because the child
14is identified by a legal, medical, or social services agency, a local
15educational agency liaison for homeless children and youths
16designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
17the United States Code, a Head Start program, or an emergency
18or transitional shelter as (i) a recipient of protective services, (ii)
19being neglected, abused, or exploited, or at risk of neglect, abuse,
20or exploitation, or (iii) being homeless or (B) because the parents
21are (i) engaged in vocational training leading directly to a
22recognized trade, paraprofession, or profession, (ii) employed or
23seeking employment, (iii) seeking permanent housing for family
24stability, or (iv) incapacitated.

25(b) Except as provided in Article 15.5 (commencing with Section
268350), priority for federal and state subsidized child development
27services is as follows:

28(1) begin delete(A)end deletebegin deleteend deleteFirst priority shall be given to neglected or abused
29children who are recipients of child protective services, or children
P3    1who are at risk of being neglected or abused, upon written referral
2from a legal, medical, or social services agency. If an agency is
3unable to enroll a child in the first priority category, the agency
4shall refer the family to local resource and referral services to
5locate services for the child.

begin delete

6(B) A family who is receiving child care on the basis of being
7a child at risk of abuse, neglect, or exploitation, as defined in
8subdivision (k) of Section 8208, is eligible to receive services
9pursuant to subparagraph (A) for up to three months, unless the
10family becomes eligible pursuant to subparagraph (C).

end delete
begin delete

11(C) A family may receive child care services for up to 12 months
12on the basis of a certification by the county child welfare agency
13that child care services continue to be necessary or, if the child is
14receiving child protective services during that period of time, and
15the family requires child care and remains otherwise eligible. This
16time limit does not apply if the family’s child care referral is
17recertified by the county child welfare agency.

end delete

18(2) Second priority shall be given equally to eligible families,
19regardless of the number of parents in the home, who are income
20eligible. Within this priority, families with the lowest gross monthly
21income in relation to family size, as determined by a schedule
22adopted by the Superintendent, shall be admitted first. If two or
23more families are in the same priority in relation to income, the
24family that has a child with exceptional needs shall be admitted
25first. If there is no family of the same priority with a child with
26exceptional needs, the same priority family that has been on the
27waiting list for the longest time shall be admitted first. For purposes
28of determining order of admission, the grants of public assistance
29recipients shall be counted as income.

30(3) The Superintendent shall set criteria for, and may grant
31specific waivers of, the priorities established in this subdivision
32for agencies that wish to serve specific populations, including
33children with exceptional needs or children of prisoners. These
34new waivers shall not include proposals to avoid appropriate fee
35schedules or admit ineligible families, but may include proposals
36to accept members of special populations in other than strict income
37order, as long as appropriate fees are paid.

38(c) Notwithstanding any other law, in order to promote
39continuity of services, a family enrolled in a state or federally
40funded child care and development program whose services would
P4    1otherwise be terminated because the family no longer meets the
2program income, eligibility, or need criteria may continue to
3receive child development services in another state or federally
4funded child care and development program if the contractor is
5able to transfer the family’s enrollment to another program for
6which the family is eligible before the date of termination of
7services or to exchange the family’s existing enrollment with the
8enrollment of a family in another program, provided that both
9families satisfy the eligibility requirements for the program in
10which they are being enrolled. The transfer of enrollment may be
11to another program within the same administrative agency or to
12another agency that administers state or federally funded child
13care and development programs.

begin delete

14(d) In order to promote continuity of services, the Superintendent
15may extend the 60-working-day period specified in subdivision
16(a) of Section 18086.5 of Title 5 of the California Code of
17Regulations for an additional 60 working days if he or she
18determines that opportunities for employment have diminished to
19the degree that one or both parents cannot reasonably be expected
20to find employment within 60 working days and granting the
21extension is in the public interest. The scope of extensions granted
22pursuant to this subdivision shall be limited to the necessary
23geographic areas and affected persons, which shall be described
24in the Superintendent’s order granting the extension. It is the intent
25of the Legislature that extensions granted pursuant to this
26subdivision improve services in areas with high unemployment
27rates and areas with disproportionately high numbers of seasonal
28agricultural jobs.

29(e)

end delete

30begin insert(d)end insert A physical examination and evaluation, including
31age-appropriate immunization, shall be required before, or within
32six weeks of, enrollment. A standard, rule, or regulation shall not
33require medical examination or immunization for admission to a
34child care and development program of a child whose parent or
35guardian files a letter with the governing board of the child care
36and development program stating that the medical examination or
37immunization is contrary to his or her religious beliefs, or provide
38for the exclusion of a child from the program because of a parent
39or guardian having filed the letter. However, if there is good cause
40to believe that a child is suffering from a recognized contagious
P5    1or infectious disease, the child shall be temporarily excluded from
2the program until the governing board of the child care and
3development program is satisfied that the child is not suffering
4from that contagious or infectious disease.

begin delete

5(f)

end delete

6begin insert(e)end insert Regulations formulated and promulgated pursuant to this
7section shall include the recommendations of the State Department
8of Health Care Services relative to health care screening and the
9provision of health care services. The Superintendent shall seek
10the advice and assistance of these health authorities in situations
11where service under this chapter includes or requires care of
12children who are ill or children with exceptional needs.

begin delete

13(g)

end delete

14begin insert(f)end insert The Superintendent shall establish guidelines for the
15 collection of employer-sponsored child care benefit payments from
16a parent whose child receives subsidized child care and
17development services. These guidelines shall provide for the
18collection of the full amount of the benefit payment, but not to
19exceed the actual cost of child care and development services
20provided, notwithstanding the applicable fee based on the fee
21schedule.

begin delete

22(h)

end delete

23begin insert(g)end insert The Superintendent shall establish guidelines according to
24which the director or a duly authorized representative of the child
25care and development program will certify children as eligible for
26state reimbursement pursuant to this section.

begin insert

27(h) Except as provided in paragraphs (1) to (3), inclusive, upon
28establishing initial eligibility or ongoing eligibility for services
29under this chapter, a family shall be considered to meet all
30eligibility requirements for those services for not less than 12
31months, shall receive those services for not less than 12 months
32before having their eligibility redetermined, and shall not be
33required to report changes to income or other changes for at least
3412 months.

end insert
begin insert

35(1) A family shall report increases in income that exceed the
36threshold for ongoing income eligibility as described in subdivision
37(b) of Section 8263.1, and the family’s ongoing eligibility for
38services shall at that time be redetermined.

end insert
begin insert

P6    1(2) A family that establishes initial eligibility or ongoing
2eligibility on the basis of seeking employment shall receive services
3under this chapter as follows:

end insert
begin insert

4(A) If seeking employment is the basis for initial eligibility, the
5family shall receive services under this chapter for not less than
6six months.

end insert
begin insert

7(B) If seeking employment is the only basis for ongoing eligibility
8at the time of redetermination, the family shall receive services
9under this chapter for six additional month unless the family
10becomes eligible on another basis pursuant to paragraph (2) of
11subdivision (a).

end insert
begin insert

12(3) A family may at any time voluntarily report income or other
13changes. This information shall be used, as applicable, to reduce
14a family’s fees, increase the family’s subsidy, or extend the period
15of the family’s eligibility before redetermination.

end insert

16(i) Public funds shall not be paid directly or indirectly to an
17agency that does not pay at least the minimum wage to each of its
18employees.

19

SEC. 2.  

Section 8263.1 of the Education Code is amended to
20read:

21

8263.1.  

(a) For purposes ofbegin insert establishing initial income
22eligibility for services underend insert
this chapter, “income eligible” means
23that a family’s adjusted monthly income is at or below 70 percent
24of the state median income,begin delete adjusted for family size, and adjusted
25annually.end delete
begin insert based on the most recent data on state median income
26published by the United States Census Bureau, for a family of the
27same size.end insert

begin delete

28(b) Notwithstanding any other law, for the 2011-12 fiscal year,
29the income eligibility limits that were in effect for the 2007-08
30fiscal year shall be reduced to 70 percent of the state median
31income that was in use for the 2007-08 fiscal year, adjusted for
32family size, effective July 1, 2011.

33(c) Notwithstanding any other law, for the 2012-13, 2013-14,
342014-15, and 2015-16 fiscal years, the income eligibility limits
35shall be 70 percent of the state median income that was in use for
36the 2007-08 fiscal year, adjusted for family size.

37(d)

end delete
begin insert

38(b) For purposes of establishing ongoing income eligibility
39under this chapter, “ongoing income eligible” means that a
40family’s adjusted monthly income is at or below 85 percent of the
P7    1state median income, based on the most recent data on state median
2income published by the United States Census Bureau, for a family
3of the same size.

end insert

4begin insert(c)end insert The income of a recipient of federal supplemental security
5income benefits pursuant to Title XVI of the federal Social Security
6Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
7 benefits pursuant to Title XVI of the federal Social Security Act
8and Chapter 3 (commencing with Section 12000) of Part 3 of
9Division 9 of the Welfare and Institutions Code shall not be
10included as income for purposes of determining eligibility for child
11care under this chapter.

12

SEC. 3.  

Section 8273.1 of the Education Code is amended to
13read:

begin delete
14

8273.1.  

(a) Families receiving services pursuant to
15subparagraph (B) of paragraph (1) of subdivision (b) of Section
168263 may be exempt from family fees for up to three months.

17(b) Families receiving services pursuant to subparagraph (C) of
18paragraph (1) of subdivision (b) of Section 8263 may be exempt
19from family fees for up to 12 months.

20(c) The cumulative period of time of exemption from family
21fees for families receiving services pursuant to paragraph (1) of
22subdivision (b) of Section 8263 shall not exceed 12 months.

end delete
23begin insert

begin insert8273.1.end insert  

end insert
begin insert

(a) A family that receives services pursuant to
24paragraph (1) of subdivision (b) of Section 8263 may be exempt
25from family fees for up to 12 months.

end insert
begin delete

26(d)

end delete

27begin insert(b)end insert Notwithstanding any other law, a family receiving
28CalWORKs cash aid shall not be charged a family fee.

begin delete

29(e)

end delete

30begin insert(c)end insert Notwithstanding any other law, commencing with the
312014-15 fiscal year, family fees shall not be assessed for the
32part-day California preschool program to income eligible families
33whose children are enrolled in that program pursuant to Article 7
34(commencing with Section 8235).

35

SEC. 4.  

Section 11323.2 of the Welfare and Institutions Code
36 is amended to read:

37

11323.2.  

(a) Necessary supportive services shall be available
38to every participant in order to participate in the program activity
39to which he or she is assigned or to accept employment or the
40participant shall have good cause for not participating under
P8    1subdivision (f) of Section 11320.3. As provided in the
2welfare-to-work plan entered into between the county and
3participant pursuant to this article, supportive services shall include
4all of the following:

5(1) Child care.

6(A) Paid child care shall be available to every participant with
7a dependent child in the assistance unit who needs paid child care
8if the child is 10 years of age or under, or requires child care or
9supervision due to a physical, mental, or developmental disability
10or other similar condition as verified by the county welfare
11department, or who is under court supervision.

12(B) To the extent funds arebegin delete availableend deletebegin insert available,end insert paid child care
13shall be available to a participant with a dependent child in the
14assistance unit who needs paid child care if the child is 11 or 12
15years of age.

16(C) Necessary child care services shall be available to every
17former recipient for up to two years, pursuant to Article 15.5
18(commencing with Section 8350) of Chapter 2 of Part 6 of Division
191 of Title 1 of the Education Code.

20(D) A child in foster care receiving benefits under Title IV-E
21 of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or
22a child who would become a dependent child except for the receipt
23of federal Supplemental Security Income benefits pursuant to Title
24XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et
25seq.) shall be deemed to be a dependent child for the purposes of
26this paragraph.

27(E) The provision of care and payment rates under this paragraph
28shall be governed by Article 15.5 (commencing with Section 8350)
29of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
30Code. Parent fees shall be governed bybegin delete subdivisions (g) and (h)
31ofend delete
Section 8263 of the Education Code.

32(2) Transportation costs, which shall be governed by regional
33market rates as determined in accordance with regulations
34established by the department.

35(3) Ancillary expenses, which shall include the cost of books,
36tools, clothing specifically required for the job, fees, and other
37necessary costs.

38(4) Personal counseling. A participant who has personal or
39family problems that would affect the outcome of the
40welfare-to-work plan entered into pursuant to this article shall, to
P9    1the extent available, receive necessary counseling or therapy to
2help him or her and his or her family adjust to his or her job or
3training assignment.

4(b) If provided in a county plan, the county may continue to
5provide case management and supportive services under this
6section to former participants who become employed. The county
7may provide these services for up to the first 12 months of
8employment to the extent they are not available from other sources
9and are needed for the individual to retain the employment.



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