Senate BillNo. 1154


Introduced by Senator Liu

February 18, 2016


An act to amend Sections 8210, 8211, 8212, 8214, 8215, and 8216 of, to add Sections 8212.5, 8215.5, and 8218 to, and to repeal Section 8212.3 of, the Education Code, relating to child care and development services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1154, as introduced, Liu. Child care and development services: resource and referral programs.

(1) The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs. Existing law authorizes funds appropriated for purposes of the act to be used for child care resource and referral programs, which may be operated by public or private nonprofit entities and are required to provide certain information and services to parents and child care providers relating to child care services in a defined geographic area.

This bill, which would be known as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016, would require a child care resource and referral program to provide specified additional services, including providing training and workshops relating to child care services, providing community resource assistance, and collaborating with and assisting other community agencies in planning, coordinating, and improving child care. The bill would delete provisions authorizing a resource and referral program to provide short-term respite care, as defined. The bill would require a resource and referral program to implement written complaint procedures. The bill would require a resource and referral program to provide basic child care referrals, as defined, at no cost. The bill would require a resource and referral program to include additional information in the documentation a resource and referral program is required to maintain.

(2) Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of facilities identified as small family day care homes, with certain exceptions.

This bill, in addition, would require a child care resource and referral program to limit the distribution of lists of small family day care homes except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts.

(3) Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state.

This bill would instead establish 2 projects, to be known as the California Child Care Initiative Project - State Program and the California Child Care Initiative Project - Quality Plan Program, respectively.

(4) Existing law requires the State Department of Social Services to establish a trustline registry for purposes of conducting background checks for specified child care service providers and imposes certain responsibilities on child care resource and referral programs in the administration of the trustline registry.

This bill would impose additional requirements on resource and referral programs relating to the trustline registry, including reviewing trustline applications for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies and facilitating the trustline Web-based application process.

(5) This bill would make other conforming changes and nonsubstantive 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.  

This act shall be known, and may be cited, as the
2Patricia Siegel Child Care Resource and Referral Memorial Act
3of 2016.

P3    1

SEC. 2.  

Section 8210 of the Education Code is amended to
2read:

3

8210.  

Funds appropriated for the purpose of thisbegin delete chapter mayend delete
4begin insert article shallend insert be used for child care resource and referral programs
5begin delete whichend deletebegin insert thatend insert may be operated by public or private nonprofit entities.

6

SEC. 3.  

Section 8211 of the Education Code is amended to
7read:

8

8211.  

It is the intent of the Legislaturebegin delete that one hundred eighty
9thousand dollars ($180,000) be appropriatedend delete
begin insert to appropriate fundingend insert
10 each fiscal year for allocation to child carebegin delete and developmentend delete
11 resource and referralbegin delete agencies operated by local educational
12agencies for the purpose of the child care resources and referral
13program set forth in this article.end delete
begin insert programs.end insert

14

SEC. 4.  

Section 8212 of the Education Code is amended to
15read:

16

8212.  

begin insert(a)end insertbegin insertend insertbegin insertChild care resource and referral programs are
17unique in their provision of services to all parents regardless of
18income and all types of child care providers.end insert
For purposes of this
19article, child care resource and referral programs, established to
20serve a defined geographic area, shall providebegin insert all ofend insert the following
21services:

begin delete

22(a)

end delete

23begin insert(1)end insert Identification of the full range of existing child care services
24through information provided by all relevant public and private
25agencies in the areas of service, and the development of a resource
26file of those servicesbegin delete whichend deletebegin insert thatend insert shall be maintained and updated
27at least quarterly. These services shall include, but not be limited
28to, family day care homes, public and private day care programs,
29full-time and part-time programs, and infant, preschool, and
30extended care programs. The resource file shall include, but not
31be limited to,begin insert all ofend insert the following information:

begin delete

32(1)

end delete

33begin insert(A)end insert Type of program.

begin delete

34(2)

end delete

35begin insert(B)end insert Hours of service.

begin delete

36(3)

end delete

37begin insert(C)end insert Ages of children served.

begin delete

38(4)

end delete

39begin insert(D)end insert Fees and eligibility for services.

begin delete

40(5)

end delete

P4    1begin insert(E)end insert Significant program information.

begin delete

2(b) (1)  Establishment

end delete

3begin insert(2)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insert(i)end insertbegin insertend insertbegin insertEstablishmentend insert of a referral processbegin delete whichend deletebegin insert that is
4described in writing and is available to parents and providers
5upon request, thatend insert
responds to parental need forbegin insert information to
6make the most informed child care choice for the family. Referrals
7shall be available to all persons requesting theend insert
information
8begin insert regardless of income level or other eligibility requirements. A child
9care resourceend insert
andbegin delete which isend deletebegin insert referral program shall limit the
10distribution of lists of small family day care homes as required
11 pursuant to Section 1596.86 of the Health and Safety Code except
12when necessary to collaborate with federal, state, and local
13emergency response organizations for emergency preparedness
14and response efforts. Referrals shall beend insert
provided with full
15recognition of the confidentiality rights of parents. Resource and
16referral programs shall make referrals to licensed child day care
17begin delete facilities. Referrals shall be madeend deletebegin insert facilities, and may make referralsend insert
18 tobegin delete unlicensed care facilities only if there is no requirementend delete
19begin insert programsend insert thatbegin delete the facility be licensed.end deletebegin insert are legally exempt from
20licensing.end insert
The referral process shall afford parents maximum access
21to all referral information. This access shall include, but is not
22limited to, telephone referrals to be made available for at least 30
23hours per week as part of a full week ofbegin insert contractedend insert operation.
24Every effort shall be made tobegin delete reachend deletebegin insert make child care referrals
25accessible toend insert
all parents within the defined geographicbegin delete area,end deletebegin insert area
26by using methodsend insert
including, but not limited to, any of the
27following:

begin delete

28(A)

end delete

29begin insert(I)end insert Toll-free telephone lines.

begin insert

30(II) Email and other appropriate technology.

end insert
begin delete

31(B)

end delete

32begin insert(III)end insert Office space convenient to parents and providers.

begin delete

33(C)

end delete

34begin insert(IV)end insert Referrals in languagesbegin delete whichend deletebegin insert thatend insert are spoken in the
35community.

36begin insert(ii)end insertbegin insertend insertEach child care resource and referral program shall publicize
37its services through all available media sources, agencies, and other
38appropriate methods.

begin delete

39(2) (A)  Provision

end delete

P5    1begin insert(B)end insertbegin insertend insertbegin insert(i)end insertbegin insertend insertbegin insertProvisionend insert of information to any person who requests a
2child care referral of his or her right to view the licensing
3information of a licensed child day care facility required to be
4maintained at the facility pursuant to Section 1596.859 of the
5Health and Safety Code and to access any public files pertaining
6to the facility that are maintained by the State Department of Social
7Services Community Care Licensing Division.

begin delete

8(B)

end delete

9begin insert(ii)end insert A written or oral advisement in substantially the following
10form will comply with the requirements ofbegin delete subparagraph (A):end delete
11begin insert clause (i):end insert

12“State law requires licensed child day care facilities to make
13accessible to the public a copy of any licensing report pertaining
14to the facility that documents a facility visit or a substantiated
15complaint investigation. In addition, a more complete file regarding
16a child care licensee may be available at an office of the State
17Department of Social Services Community Care Licensing
18Division. You have the right to access any public information in
19these files.”

begin delete

20(c)

end delete

21begin insert(3)end insertbegin insert(A)end insertbegin insertend insertMaintenance of ongoing documentation of requests for
22service tabulated through the internal referral process. The
23following documentation of requests for service shall be maintained
24by all child care resource and referral programs:

begin delete

25(1)

end delete

26begin insert(i)end insert Number of calls and contacts to the child carebegin delete informationend delete
27begin insert resourceend insert and referral program or component.

begin delete

28(2)

end delete

29begin insert(ii)end insert Ages of children served.

begin delete

30(3)

end delete

31begin insert(iii)end insert Time category of child care request for each child.

begin delete

32(4)

end delete

33begin insert(iv)end insert Special time category, such as nights, weekends, and swing
34shift.

begin delete

35(5)

end delete

36begin insert(v)end insert Reason that the child care is needed.

begin insert

37(vi) Requests for other child care information.

end insert
begin insert

38(vii) Child care supply information, including the number of
39licensed child care programs, and, if available, the number of
40license-exempt child care providers.

end insert
begin delete

P6    1(2) This

end delete

2begin insert(B)end insertbegin insertend insertbegin insertThis end insertinformation shall be maintained in a manner that is
3easily accessible for dissemination purposes.

begin delete

4(d)

end delete

5begin insert(4)end insert Provision of technical assistance to existing and potential
6providers of all types of child carebegin delete services.end deletebegin insert services to improve
7access to, increase the supply of, and improve the quality of child
8care available in every community in California.end insert
This assistance
9shall include, but not be limitedbegin delete to:end deletebegin insert to, all of the following:end insert

begin delete

10(1) Information

end delete

11begin insert(A)end insertbegin insertend insertbegin insertProviding information end inserton all aspects of initiating new child
12care services including, but not limited to, licensing, zoning,
13program and budget development, and assistance in finding this
14information from other sources.

begin delete

15(2) Information

end delete

16begin insert(B)end insertbegin insertend insertbegin insertProviding information end insertand resources that help existing child
17care services providers to maximize their ability to serve the
18children and parents of their community.

begin insert

19(C) Providing training and workshops on health and safety,
20child development, special needs, and other topics related to
21professional development.

end insert
begin delete

22(3) Dissemination of

end delete

23begin insert(D)end insertbegin insertend insertbegin insertDisseminating end insertinformation on current public issues affecting
24the local and state delivery of child care services.

begin delete

25(4) Facilitation of

end delete

26begin insert(E)end insertbegin insertend insertbegin insertFacilitating end insertcommunication between existing child care and
27child-related services providers in the community served.

begin insert

28(F) Providing information about community resources, child
29care statistics, and opening a child care business to parents, child
30care providers, community organizations, and government entities.

end insert
begin insert

31(G) Collaborating with community partners to increase
32awareness of child care issues.

end insert
begin insert

33(H) Assisting community and public agencies in planning,
34coordinating, and improving child care in the defined geographic
35area.

end insert
begin insert

36(I) Partnering with local county welfare agencies in meeting
37the child care needs of CalWORKs families.

end insert
begin insert

38(J) Facilitating efforts to expand child care services in the local
39community based on demonstrated demand for services.

end insert
begin delete

40Services

end delete

P7    1begin insert(b)end insertbegin insertend insertbegin insertServices end insertprescribed by this section shall be provided in order
2to maximize parental choice in the selection of child care to
3facilitate the maintenance and development of child care services
4and resources.

begin delete

5(e)

end delete

6begin insert(c)end insert (1)  A program operating pursuant to this article shall, within
7two business days of receivingbegin delete notice,end deletebegin insert notice from the State
8Department of Social Services Community Care Licensing Division,end insert

9 remove a licensed child day care facility with a revocation or a
10temporary suspension order, or that is on probation from the
11program’s referral list.

12(2) A program operating pursuant to this article shall, within
13two business days of receiving notice, notify all entities, operating
14a program under Article 3 (commencing with Section 8220) and
15Article 15.5 (commencing with Section 8350) in the program’s
16jurisdiction, of a licensed child day care facility with a revocation
17or a temporary suspension order, or that is on probation.

18

SEC. 5.  

Section 8212.3 of the Education Code is repealed.

begin delete
19

8212.3.  

(a) In addition to the services described in Section
208212, a child care resource and referral program, established to
21serve a defined geographic area, may provide short-term respite
22child care. “Short-term respite care,” for purposes of this article,
23means temporary child care services to do any of the following:

24(1) Provide services to families identified and referred by child
25protective agencies.

26(2) Relieve the stress caused by child abuse, neglect, or
27exploitation, or the risk of abuse, neglect, or exploitation.

28(3) Assist parents who, because of serious illness or injury,
29homelessness, or family crisis, including temporary absence from
30the home because of illness or injury, would be unable without
31assistance to provide the normal care and nurture expected of
32parents.

33(4) Provide temporary relief to parents from the care of children
34with exceptional needs.

35(b) Pursuant to the delivery of short-term respite child care
36services, priority shall be given for the provision of services to
37families identified and referred by child protective agencies, to
38relieve the stress caused by child abuse, neglect, or exploitation,
39or the risks thereof, as described in paragraphs (1) and (2) of
40subdivision (a). Priority shall be given to assist parents and to
P8    1provide temporary relief to parents, as described in paragraphs (3)
2and (4) of subdivision (a) to the extent that resources are available.

end delete
3

SEC. 6.  

Section 8212.5 is added to the Education Code, to
4read:

5

8212.5.  

A child care resource and referral program shall
6develop and implement written complaint procedures that include
7all of the following:

8(a) Procedures for documenting and resolving complaints.

9(b) Procedures for referring reports of licensing violations to
10appropriate agencies.

11(c) Procedures for removing and reinstating a child care provider
12from referral files.

13

SEC. 7.  

Section 8214 of the Education Code is amended to
14read:

15

8214.  

begin deleteChild end deletebegin insertBasic child end insertcarebegin delete resources and referralend deletebegin insert referralsend insert
16 shall be providedbegin insert at no costend insert to all persons requestingbegin delete services and
17to all types of child care providers,end delete
begin insert services,end insert regardless of income
18level or other eligibility criteria.begin insert A basic child care referral shall
19include the names and telephone numbers of child care providers
20that meet the requested need of the parent or guardian seeking
21referrals in addition to the information and services described in
22Section 8216. A fee may be charged for an enhanced referral that
23includes information in addition to basic child care referral
24information.end insert
In addition to the services prescribed by this section,
25begin insert aend insert child care resource and referralbegin insert programend insert may provide a wide
26variety ofbegin insert otherend insert parent and provider support and educational
27services.begin insert Services, including training, technical assistance, and
28other appropriate support that improves the quality of child care
29available in the community, may be provided for all types of child
30care providers, depending on the available funding for the services.end insert

31

SEC. 8.  

Section 8215 of the Education Code is amended to
32read:

33

8215.  

(a) Therebegin delete isend deletebegin insert areend insert hereby establishedbegin delete a projectend deletebegin insert two projects,end insert
34 known as the California Child Care Initiativebegin delete Project.end deletebegin insert Project -
35State Program and the California Child Care Initiative Project -
36Quality Plan Program, respectively.end insert
It is the intent of the
37Legislature to promote and foster thebegin delete projectend deletebegin insert California Child Care
38Initiative Project - State Programend insert
in cooperation with private
39corporations and local governments. The objective ofbegin delete the projectend delete
P9    1begin insert both projectsend insert is to increase the availability of quality child care
2begin delete programsend delete in the state.

3(b) For purposes of this section, the California Child Care
4Initiative Project means a project tobegin delete expandend deletebegin insert clarifyend insert the role and
5functions ofbegin delete selectedend delete resource and referralbegin delete agenciesend deletebegin insert programsend insert in
6begin delete activitiesend deletebegin insert activities,end insert including needs assessment, recruitment and
7screening of providers, technical assistance, and staff development
8and training, in order to aid communitiesbegin delete in increasing their
9capability inend delete
begin insert to increaseend insert the number of child care spaces available
10andbegin insert improveend insert the quality of child care services offered.

begin delete end deletebegin delete

11(c) The Superintendent of Public Instruction shall allocate all
12state funds appropriated for the California Child Care Initiative
13Project for the purpose of making grants to those child care
14resource and referral agencies that have been selected as pilot sites
15for the project.

end delete
begin delete end deletebegin delete

16(d)

end delete

17begin insert(c)end insert Thebegin delete projectend deletebegin insert Superintendentend insert shallbegin insert allocate all state funds
18appropriated for the California Child Care Initiative Project -
19State Program and shallend insert
ensure that each dollar of state funds
20allocated pursuant tobegin insert thisend insert subdivisionbegin delete (c)end delete is matched by two dollars
21($2)begin insert statewideend insert from other sources, including private corporations,
22the federal government, or local governments.

begin delete end deletebegin delete

23(e) The grants to the sites made available by the project shall
24be comprised of a combination of state funds and other funds
25pursuant to subdivision (d).

end delete
begin delete end deletebegin delete end deletebegin delete

26(f) The Superintendent of Public Instruction shall develop a data
27base for the project.

end delete
begin delete end delete
28

SEC. 9.  

Section 8215.5 is added to the Education Code, to
29read:

30

8215.5.  

Child care resource and referral programs shall provide
31a range of professional development services to all types of child
32care providers, including, but not limited to, license-exempt child
33care providers, licensed family day care homes, and center-based
34child care and development programs, to support the development
35of new child care services and to improve the quality of services
36available in the state.

37

SEC. 10.  

Section 8216 of the Education Code is amended to
38read:

39

8216.  

begin deleteWhen end deletebegin insert(a)end insertbegin insertend insertbegin insertA child care resource and referral program
40shall maximize parental choice and supports for parents in locating
P10   1child care resources in their community by doing all of the
2following:end insert

begin insert

3(1) Provide information regarding how to select child care
4services that meet the needs of the parent and child.

end insert
begin insert

5(2) Provide a range of possible child care alternatives from
6which a parent may choose.

end insert
begin insert

7(3) Provide information on licensing requirements and
8procedures.

end insert
begin insert

9(4) Provide information on available child care subsidies and
10eligibility requirements.

end insert

begin insert end insert
11begin insert(b)end insertbegin insertend insertbegin insertWhen end insertmaking referrals,begin delete everyend deletebegin insert anend insert agency operating both a
12direct service program and a resource and referral program shall
13provide at least four referrals, at least one of which shall be a
14provider over which the agency has no fiscal or operationalbegin delete control,
15as well as information toend delete
begin insert control. If there are fewer than four
16providers that meet the request of the parent,end insert
abegin delete family onend deletebegin insert resource
17and referral program shall provide all ofend insert
thebegin delete family’s ability to
18choose a license exempt provider.end delete
begin insert referrals that meet the parent’s
19request.end insert

20

SEC. 11.  

Section 8218 is added to the Education Code, to read:

21

8218.  

(a) A child care resource and referral program shall
22implement the trustline registry program for license-exempt child
23care providers pursuant to Section 1596.655 of the Health and
24Safety Code.

25(b) In addition to the responsibilities specified in Section
261596.655 of the Health and Safety Code, a child care resource and
27referral program shall do both of the following:

28(1) Review trustline applications for completeness and forward
29the necessary application information to the State Department of
30Social Services for in-home or license-exempt, home-based child
31care providers who are being paid through state- or federally funded
32child care subsidies.

33(2) Cooperate with the California Child Care Resource and
34Referral Network to facilitate the use of the trustline Web-based
35application process.



O

    99