Senate BillNo. 567

Introduced by Senator Liu

February 26, 2015

An act to amend Section 8263 of the Education Code, relating to child care.


SB 567, as introduced, Liu. Child care programs: continuity of services.

The Child Care and Development Services Act is enacted for, among other purposes, the purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs.

Existing law authorizes a family enrolled in state or federally funded child care and development program whose services would otherwise be terminated because the family no longer meets the program criteria to continue to receive child development services in another state or a federally funded child care and development program, as provided.

This bill would require a child to be deemed eligible for the remainder of the program year subsequent to enrollment in a state or federally funded child care program.

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

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

P1    1


It is the intent of the Legislature to strategically
2use state and federal funds to provide a stable, comprehensive, and
P2    1adequately funded early learning and educational support system
2for children from birth to five years of age that promotes access
3to safe, high-quality, part-day and full-day services that support
4the development of the whole child, especially for those children
5who need it most, that includes, but is not limited to, the following:

6(a) Supporting positive parent-child relationships and responsive

8(b) Promoting language-rich environments, including at home.

9(c) Developmentally appropriate curriculum with differentiated

11(d) Knowledgeable, caring, and well-trained educators, staff,
12and providers.

13(e) Program activities and services that are age appropriate and
14meet the developmental needs of each child, including special
15needs children.

16(f) Promotion of healthy practices and activities.

17(g) An educationally enriched environment that respects and
18supports cultural, linguistic, and ability diversity.

19(h) A physical environment that is safe and appropriate to the
20ages and developmental needs of the children served.

21(i) Provision for nutritional needs and physical activity of

23(j) Access for low-income infants, toddlers, and preschoolers
24to high-quality early learning and care.

25(k) Support services for children and families that include
26referral of children to appropriate agencies, including referrals
27related to, but not limited to, all of the following:

28(1) Health care.

29(2) Social services that include, but are not limited to, child
30abuse prevention, identification of child and family needs, and
31referral to appropriate agencies.

32(3) Early childhood mental health services, including primary
33prevention, crisis intervention, assessments, and referrals.

34(4) Family support, parenting education, and family and
35community engagement.

36(5) Counseling, including family counseling.

37(6) Nutrition services.

38(7) Interagency coordination and collaboration among the state
39agencies responsible for the provision of support services to
40children and their families.

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SEC. 2.  

Section 8263 of the Education Code is amended to



(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

13(2) A family needs the child care services (A) because the child
14is identified by a legal, medical, or social services agency, or
15emergency shelter as (i) a recipient of protective services or (ii)
16being neglected, abused, or exploited, or at risk of neglect, abuse,
17or exploitation, or (B) because the parents are (i) engaged in
18vocational training leading directly to a recognized trade,
19paraprofession, or profession, (ii) employed or seeking
20employment, (iii) seeking permanent housing for family stability,
21or (iv) incapacitated.

22(b) Except as provided in Article 15.5 (commencing with Section
238350), priority for federal and state subsidized child development
24services is as follows:

25(1) (A) First priority shall be given to neglected or abused
26children who are recipients of child protective services, or children
27who are at risk of being neglected or abused, upon written referral
28from a legal, medical, or social services agency. If an agency is
29unable to enroll a child in the first priority category, the agency
30shall refer the family to local resource and referral services to
31locate services for the child.

32(B) A family who is receiving child care on the basis of being
33a child at risk of abuse, neglect, or exploitation, as defined in
34subdivision (k) of Section 8208, is eligible to receive services
35pursuant to subparagraph (A) for up to three months, unless the
36family becomes eligible pursuant to subparagraph (C).

37(C) A family may receive child care services for up to 12 months
38on the basis of a certification by the county child welfare agency
39that child care services continue to be necessary or, if the child is
40receiving child protective services during that period of time, and
P4    1the family requires child care and remains otherwise eligible. This
2time limit does not apply if the family’s child care referral is
3recertified by the county child welfare agency.

4(2) Second priority shall be given equally to eligible families,
5regardless of the number of parents in the home, who are income
6eligible. Within this priority, families with the lowest gross monthly
7income in relation to family size, as determined by a schedule
8adopted by the Superintendent, shall be admitted first. If two or
9more families are in the same priority in relation to income, the
10family that has a child with exceptional needs shall be admitted
11first. If there is no family of the same priority with a child with
12exceptional needs, the same priority family that has been on the
13waiting list for the longest time shall be admitted first. For purposes
14of determining order of admission, the grants of public assistance
15recipients shall be counted as income.

16(3) The Superintendent shall set criteria for, and may grant
17specific waivers of, the priorities established in this subdivision
18for agencies that wish to serve specific populations, including
19children with exceptional needs or children of prisoners. These
20new waivers shall not include proposals to avoid appropriate fee
21schedules or admit ineligible families, but may include proposals
22to accept members of special populations in other than strict income
23order, as long as appropriate fees are paid.

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24(c) Notwithstanding any other law, in order to promote
25continuity of services, subsequent to enrollment in a state or
26federally funded child care program, a child shall be deemed
27eligible for the remainder of the program year.

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29begin insert(d)end insert Notwithstanding any other law, in order to promote
30continuity of services, a family enrolled in a state or federally
31funded child care and development program whose services would
32otherwise be terminated because the family no longer meets the
33program income, eligibility, or need criteria may continue to
34receive child development services in another state or federally
35funded child care and development program if the contractor is
36able to transfer the family’s enrollment to another program for
37which the family is eligible before the date of termination of
38services or to exchange the family’s existing enrollment with the
39enrollment of a family in another program, provided that both
40families satisfy the eligibility requirements for the program in
P5    1which they are being enrolled. The transfer of enrollment may be
2to another program within the same administrative agency or to
3another agency that administers state or federally funded child
4care and development programs.

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6begin insert(e)end insert In order to promote continuity of services, the Superintendent
7may extend the 60-working-day period specified in subdivision
8(a) of Section 18086.5 of Title 5 of the California Code of
9Regulations for an additional 60 working days if he or she
10determines that opportunities for employment have diminished to
11the degree that one or both parents cannot reasonably be expected
12to find employment within 60 working days and granting the
13extension is in the public interest. The scope of extensions granted
14pursuant to this subdivision shall be limited to the necessary
15geographic areas and affected persons, which shall be described
16in the Superintendent’s order granting the extension. It is the intent
17of the Legislature that extensions granted pursuant to this
18subdivision improve services in areas with high unemployment
19rates and areas with disproportionately high numbers of seasonal
20agricultural jobs.

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22begin insert(f)end insert A physical examination and evaluation, including
23age-appropriate immunization, shall be required before, or within
24six weeks of, enrollment. A standard, rule, or regulation shall not
25require medical examination or immunization for admission to a
26child care and development program of a child whose parent or
27guardian files a letter with the governing board of the child care
28and development program stating that the medical examination or
29immunization is contrary to his or her religious beliefs, or provide
30for the exclusion of a child from the program because of a parent
31or guardian having filed the letter. However, if there is good cause
32to believe that a child is suffering from a recognized contagious
33or infectious disease, the child shall be temporarily excluded from
34the program until the governing board of the child care and
35development program is satisfied that the child is not suffering
36from that contagious or infectious disease.

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38begin insert(g)end insert Regulations formulated and promulgated pursuant to this
39section shall include the recommendations of the State Department
40of Health Care Services relative to health care screening and the
P6    1provision of health care services. The Superintendent shall seek
2the advice and assistance of these health authorities in situations
3where service under this chapter includes or requires care of
4children who are ill or children with exceptional needs.

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6begin insert(h)end insert The Superintendent shall establish guidelines for the
7collection of employer-sponsored child care benefit payments from
8a parent whose child receives subsidized child care and
9development services. These guidelines shall provide for the
10collection of the full amount of the benefit payment, but not to
11exceed the actual cost of child care and development services
12provided, notwithstanding the applicable fee based on the fee

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15begin insert(i)end insert The Superintendent shall establish guidelines according to
16which the director or a duly authorized representative of the child
17care and development program will certify children as eligible for
18state reimbursement pursuant to this section.

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20begin insert(j)end insert Public funds shall not be paid directly or indirectly to an
21agency that does not pay at least the minimum wage to each of its