BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 567
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|Author: |Liu |
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|Version: |February 26, 2015 Hearing Date: |
| | April 29, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Olgalilia Ramirez |
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Subject: Child care programs: continuity of services
SUMMARY
This bill deems a child who is enrolled in a federal or state
funded child care program to be eligible for the remainder of
the program year in order to promote continuity of service and
includes legislative intent language regarding early learning
and child development services.
BACKGROUND
Existing law establishes the Child Care and Developmental
Services Act to provide child care and development services as
part of a coordinated, comprehensive, and cost-effective system
serving children from birth to 13 years old and their parents
including a full range of supervision, health, and support
services through full- and part-time programs. (Education Code §
8200, et. seq.)
Existing law states legislative intent that all families have
access to child care and development services, regardless of
demographic background or special needs, that families are
provided the opportunity to attain financial stability through
employment, while maximizing growth and development of their
children, and enhancing their parenting skills through
participation in child care and development programs, among
other things. (EC § 8202)
Existing law requires the Superintendent of Public Instruction
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to adopt rules and regulations regarding eligibility,
enrollment, and priority of services. The Superintendent may
extend the 60-day eligibility limit for job-seeking activities,
as specified, in order to promote continuity of care. Existing
law also requires a physical examination and evaluation for
enrollment, as specified. (EC § 8263)
ANALYSIS
This bill:
1. Deems a child who is enrolled in a federal or state funded
child care program to be eligible for the remainder of the
program year in order to promote continuity of service.
2. States legislative intent that promotes access to specified
federal and state funded early learning and educational
support services from birth to five years of age,
including:
A. Supporting parent-child relationships,
promoting language enrichment, developing curriculum
with differentiated instruction, knowledgeable
educators and staff, developing appropriate program
activities and services, promoting healthy practices,
supporting cultural, linguistic and ability diversity,
ensuring a safe environment, providing for nutritional
needs and physical activity and ensuring access for
low-income families.
B. Support services that include specified
referrals related to health care, child abuse
prevention, identifying child and family needs, mental
health services, parenting education, family and
community engagement, counseling, nutrition services
and interagency collaboration among state agencies.
STAFF COMMENTS
1. Need for the bill. According to the author, families in
California that receive state subsidized childcare are
certified for 12-months of eligibility, however, they are
also required to report changes in circumstances throughout
that period which can result in the loss of the child care
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subsidy. For example, an increase in hourly wages could
push a family past the income threshold resulting in
termination of service. The author contends that the loss
of the child care subsidy can destabilize families, create
financial disincentives, and interrupt the continuity of
care for children. This bill seeks to guarantee eligibility
to families enrolled in subsidized care for the remainder
of the program year.
2. Child Care Eligibility. Existing law specifies that
children are eligible for subsidized child care if the
family currently receives aid, meets specified income
eligibility requirements, is homeless, or if the child is
the recipient of protective services, or has been
identified as neglected, abused or exploited (or at risk of
such). In addition, the family must be in need of the child
care services due to specified social service
circumstances, employment training, or other specified
needs.
Families are required to report changes in these circumstances
throughout their child's enrollment that could disqualify a
child from the program. Specifically, state regulations require:
A. Recertification and eligibility verification
of each family/child as follows:
(1) Families receiving services because the
child is at risk of abuse, neglect, or
exploitation are recertified at least once every
six months.
(2) Families receiving services because of
actual abuse, neglect, or exploitation are
recertified at least every six months, as
specified.
(3) All other families are recertified at
least once each contract period and at intervals
not to exceed 12 months. (5 CCR § 18103)
B. Families to notify the child care provider
(contractor) within five calendar days of any changes
in family income, size or the need for service.
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(5 CCR § 18102)
C. Documentation to determine continued need and
eligibility and any change to fee assessment, if
applicable. (5 CCR § 18103)
This bill statutorily deems a child enrolled in a
subsidized child care program to remain eligible for the
remainder of the program year before they can be
terminated. As a result, a child that becomes ineligible
during the program year would be allowed to continue to
receive federal or state funded child care for the duration
of the program year.
3. Child Care and Development Block Grant (CCDBG): The
federal Child Care and Development Block Grant Act of 1990
was reauthorized in 2014. This reauthorization brought
about a number of changes aimed at addressing health and
safety requirements, quality of care, and consumer and
provider education. Among the changes adopted, the
reauthorization establishes a 12-month eligibility
redetermination period for families, regardless of changes
in income (provided income does not exceed 85% of State
median income), or temporary changes in participation in
work, training, or education activities.
As mentioned in comment 2 in the analysis, state regulations
establish a 6-month eligibility redetermination period in some
special cases. These provisions call into question whether the
state currently meets the federal 12-month eligibility
requirement. The Department of Education is seeking a legal
opinion to determine if the state qualifies for CCDBG based on
current regulations and/or if clarifying language is needed.
According to the author's office, this bill moves the state
toward meeting the 12-month eligibility requirement by
clarifying that families should receive care for a full program
year or for the remainder of the program year if a family is
offered care after the program year has begun.
4. Related and prior legislation.
RELATED LEGISLATION
AB 233 (Lopez, 2015) adopts a 12-month eligibility determination
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process for subsidized child care and removes certain reporting
and administrative requirements. AB 233 is scheduled to be heard
in Assembly Education on April 29th.
PRIOR LEGISLATION
SB 1123 (Liu, 2014) would have increased access to infant
and toddler care and family support services by
establishing grant programs in parent engagement and
voluntary home visitation. Additionally the bill would have
provided for greater flexibility and allowed services to be
tailored to fit community needs including remainder of
program year eligibility. SB 1123 was held in the Assembly
Appropriations Committee.
SUPPORT
Los Angeles Unified School District
OPPOSITION
None received.
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