Amended in Senate April 14, 2016

Senate Bill No. 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 amended, 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 begin delete Project - end delete begin insert Project end insert begin insert -- end insert State Program and the California Child Care Initiative begin delete Project - end delete begin insert Project -- end insert 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:

SECTION 1.  

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

SEC. 2.  

Section 8210 of the Education Code is amended to
read:

8210.  

Funds appropriated for the purpose of this article shall
be used for child care resource and referral programs that may be
operated by public or private nonprofit entities.

SEC. 3.  

Section 8211 of the Education Code is amended to
read:

8211.  

It is the intent of the Legislature to appropriate funding
each fiscal year for allocation to child care resource and referral
programs.

SEC. 4.  

Section 8212 of the Education Code is amended to
read:

8212.  

(a) Child care resource and referral programs are unique
in their provision of services to all parents regardless of income
and all types of child care providers. For purposes of this article,
child care resource and referral programs, established to serve a
defined geographic area, shall provide all of the following services:

(1) Identification of the full range of existing child care services
through information provided by all relevant public and private
agencies in the areas of service, and the development of a resource
file of those services that shall be maintained and updated at least
quarterly. These services shall include, but not be limited to, family
day care homes, public and private day care programs, full-time
and part-time programs, and infant, preschool, and extended care
programs. The resource file shall include, but not be limited to, all
of the following information:

(A) Type of program.

(B) Hours of service.

(C) Ages of children served.

(D) Fees and eligibility for services.

(E) Significant program information.

(2) (A) (i) Establishment of a referral process that is described
in writing and is available to begin delete parents end delete begin insert parents, providers, end insert and
begin insert potential end insert providers upon request, that responds to parental need
for information to make the most informed child care choice for
the family. Referrals shall be available to all persons requesting
the information regardless of income level or other eligibility
requirements. A child care resource and referral program shall
limit the distribution of lists of small family day care homes as
required pursuant to Section 1596.86 of the Health and Safety
Code except when necessary to collaborate with federal, state, and
local emergency response organizations for emergency
preparedness and response efforts. Referrals shall be provided with
full recognition of the confidentiality rights of parents. Resource
and referral programs shall make referrals to licensed child day
care facilities, and may make referrals to programs that are legally
exempt from licensing. The referral process shall afford parents
maximum access to all referral information. This access shall
include, but is not limited to, telephone referrals to be made
available for at least 30 hours per week as part of a full week of
contracted operation. Every effort shall be made to make child
care referrals accessible to all parents within the defined geographic
area by using methods including, but not limited to, any of the
following:

(I) Toll-free telephone lines.

(II) Email and other appropriate technology.

(III) Office space convenient to parents and providers.

(IV) Referrals in languages that are spoken in the community.

(ii) Each child care resource and referral program shall publicize
its services through all available media sources, agencies, and other
appropriate methods.

(B) (i) Provision of information to any person who requests a
child care referral of his or her right to view the licensing
information of a licensed child day care facility required to be
maintained at the facility pursuant to Section 1596.859 of the
Health and Safety Code and to access any public files pertaining
to the facility that are maintained by the State Department of Social
Services Community Care Licensing Division.

(ii) A written or oral advisement in substantially the following
form will comply with the requirements of clause (i):

begin insert end insert

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

begin insert end insert

(3) (A) Maintenance of ongoing documentation of requests for
service tabulated through the internal referral process. The
following documentation of requests for service shall be maintained
by all child care resource and referral programs:

(i) Number of calls and contacts to the child care resource and
referral program or component.

(ii) Ages of children served.

(iii) Time category of child care request for each child.

(iv) Special time category, such as nights, weekends, and swing
shift.

(v) Reason that the child care is needed.

(vi) Requests for other child care information.

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

(B) This information shall be maintained in a manner that is
easily accessible for dissemination purposes.

(4) Provision of technical assistance to existing and potential
providers of all types of child care services to improve access to,
increase the supply of, and improve the quality of child care
available in every community in California. This assistance shall
include, but not be limited to, all of the following:

(A) Providing information on all aspects of initiating new child
care services including, but not limited to, licensing, zoning,
program and budget development, and assistance in finding this
information from other sources.

(B) Providing information and resources that help existing child
care services providers to maximize their ability to serve the
children and parents of their community.

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

(D) Disseminating information on current public issues affecting
the local and state delivery of child care services.

(E) Facilitating communication between existing child care and
child-related services providers in the community served.

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

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

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

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

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

(b) Services prescribed by this section shall be provided in order
to maximize parental choice in the selection of child care to
facilitate the maintenance and development of child care services
and resources.

(c) (1) A program operating pursuant to this article shall, within
two business days of receiving notice from the State Department
of Social Services Community Care Licensing Division, remove
a licensed child day care facility with a revocation or a temporary
suspension order, or that is on probation from the program’s
referral list.

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

SEC. 5.  

Section 8212.3 of the Education Code is repealed.

SEC. 6.  

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

8212.5.  

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

(a) Procedures for documenting and resolving complaints.

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

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

SEC. 7.  

Section 8214 of the Education Code is amended to
read:

8214.  

Basic child care referrals shall be provided at no cost to
all persons requesting services, regardless of income level or other
eligibility criteria. A basic child care referral shall include the
names and telephone numbers of child care providers that meet
the requested need of the parent or guardian seeking referrals in
addition to the information and services described in Section 8216.
A fee may be charged for an enhanced referral that includes
information in addition to basic child care referral information. In
addition to the services prescribed by this section, a child care
resource and referral program may provide a wide variety of other
parent and provider support and educational services. Services,
including training, technical assistance, and other appropriate
support that improves the quality of child care available in the
community, may be provided for all types of child care providers,
depending on the available funding for the services.

SEC. 8.  

Section 8215 of the Education Code is amended to
read:

8215.  

(a) There are hereby established two projects, known
as the California Child Care Initiative begin delete Project - end delete begin insert Project -- end insert State
Program and the California Child Care Initiative begin delete Project - end delete begin insert Project
-- end insert Quality Plan Program, respectively. begin delete It is the intent of the
Legislature to promote and foster the California Child Care
Initiative Project - State Program in cooperation with private
corporations and local governments. end delete The objective of both projects
is to increase the availability of quality child care in the state.

(b) For purposes of this section, begin delete the end delete California Child Care
Initiative begin delete Project end delete begin insert Projects end insert means begin delete a project end delete begin insert projects end insert to clarify the
role and functions of resource and referral programs in activities,
including needs assessment, recruitment and screening of providers,
technical assistance, and staff development and training, in order
to aid communities to increase the number of child care spaces
available and improve the quality of child care services offered.

(c)  begin insert It is the intent of the Legislature to promote and foster the
California Child Care Initiative Project -- State Program in
cooperation with private corporations and local governments. end insert The
Superintendent shall allocate all state funds appropriated for the
California Child Care Initiative begin delete Project - end delete begin insert Project end insert begin insert -- end insert State Program
and shall ensure that each dollar of state funds allocated pursuant
to this subdivision is matched by two dollars ($2) statewide from
other sources, including private corporations, the federal
government, or local governments.

SEC. 9.  

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

8215.5.  

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

SEC. 10.  

Section 8216 of the Education Code is amended to
read:

8216.  

(a) A child care resource and referral program shall
maximize parental choice and supports for parents in locating child
care resources in their community by doing all of the following:

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

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

(3) Provide information on licensing requirements and
procedures.

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

(b) When making referrals, an agency operating both a direct
service program and a resource and referral program shall provide
at least four referrals, at least one of which shall be a provider over
which the agency has no fiscal or operational control. If there are
fewer than four providers that meet the request of the parent, a
resource and referral program shall provide all of the referrals that
meet the parent’s request.

SEC. 11.  

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

8218.  

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

(b) In addition to the responsibilities specified in Section
1596.655 of the Health and Safety Code, a child care resource and
referral program shall do both of the following:

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

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