BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 567 (Liu) - Child care programs: continuity of services.
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|Version: February 26, 2015 |Policy Vote: HUMAN S. 3 - 1, |
| | ED. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 18, 2015 |Consultant: Jillian Kissee |
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This bill meets the criteria for referral to the Suspense File.
Bill
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.
Fiscal
Impact:
Unknown, but potential costs in the low tens of millions
General Fund annually for CalWORKS Stage 2 and Stage 3 to
expand eligibility to provide services for the remainder of
the program year.
Expanded eligibility also likely results in longer waitlists
for programs that have a capped number of slots due to
children remaining in programs despite changes in income or
need that would have otherwise caused them to become
ineligible, thus freeing up a slot for a waiting family.
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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
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)
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:
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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. (5 CCR § 18102)
C. Documentation to determine continued need and
eligibility and any change to fee assessment, if
applicable. (5 CCR § 18103)
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.
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.
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Proposed Law:
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. 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.
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.
Related
Legislation:1. AB 233 (Lopez, 2015) adopts a 12-month eligibility determination
process for subsidized child care and removes certain reporting
and administrative requirements. AB 233 is pending in the
Assembly Appropriations Committee.
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
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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.
Staff
Comments: This bill imposes unknown but potential costs to
CalWORKS Stage 1 and Stage 2 costs in the tens of millions
General Fund to the state to expand eligibility for a child
enrolled in a state or federally funded child care program to
continue receiving services through the end of the program year,
if a family's eligibility would have otherwise changed. Because
federal funds would not rise, the state would have to bear all
resulting costs. Costs are ultimately unknown because the state
does not have access to information that indicates how long a
child stays in care or reasons for leaving care. Reasons for
leaving care extend beyond changes in eligibility.
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