BILL NUMBER: AB 458 CHAPTERED 10/10/99 CHAPTER 823 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 8, 1999 PASSED THE ASSEMBLY SEPTEMBER 3, 1999 PASSED THE SENATE AUGUST 31, 1999 AMENDED IN SENATE AUGUST 25, 1999 AMENDED IN SENATE AUGUST 17, 1999 AMENDED IN SENATE JULY 14, 1999 AMENDED IN SENATE JUNE 2, 1999 AMENDED IN ASSEMBLY APRIL 6, 1999 INTRODUCED BY Assembly Member Zettel FEBRUARY 16, 1999 An act to amend Sections 8201, 8202, and 8212 of, and to add Section 8226 to, the Education Code, and to amend Sections 1596.859 and 1596.890 of the Health and Safety Code, relating to child care. LEGISLATIVE COUNSEL'S DIGEST AB 458, Zettel. Child care providers. (1) Existing law requires every licensed child day care facility to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantial complaint investigation. Existing law requires each child day care facility to permanently post in a facility location accessible to parents and guardians a written notice of the right to make an inspection of the facility. Existing law also requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees through an organizational unit separate from that used to regulate all other licensing programs. This bill would require every child care resource and referral program and every alternative payment program to advise every person who requests a child care referral of his or her right to the licensing information of a licensed child day care facility required to be maintained at the facility, and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. A willful or repeated violation of related provisions is a misdemeanor pursuant to existing provisions of law. This bill would, notwithstanding those provisions, provide that the sole sanction for failure of a child care resource and referral agency or an alternative payment program to comply with the bill's requirement is that set forth in the "Funding Terms and Conditions" agreement between the affected agency or program and the State Department of Education. (2) This bill would incorporate additional changes in Section 8202 of the Education Code, proposed by SB 1249, to be operative only if SB 1249 and this bill are both chaptered and become effective on or before January 1, 2000, and this bill is chaptered last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as "Oliver's Law." SEC. 2. (a) The Legislature finds and declares all of the following: (1) The Education Code and the Health and Safety Code provide for the licensure of child day care facilities and providers. Parents and families of children who utilize licensed child care can make more informed child care choices by investigating, reviewing, and evaluating all available information regarding licensed child care facilities and providers. (2) Child care resource and referral agencies are in a unique position to provide notification to parents and families of children who utilize licensed child care of their right to review certain child care licensing files. (b) It is, therefore, the intent of the Legislature to encourage parental responsibility to thoroughly investigate, review, and evaluate all available information relating to licensed child care providers by providing notice to parents and families of children who utilize licensed child care of their right to review certain child care licensing files. SEC. 3. Section 8201 of the Education Code is amended to read: 8201. The purpose of this chapter is as follows: (a) To provide a comprehensive, coordinated, and cost-effective system of child care and development services for children to age 14 and their parents, including a full range of supervision, health, and support services through full- and part-time programs. (b) To encourage community-level coordination in support of child care and development services. (c) To provide an environment that is healthy and nurturing for all children in child care and development programs. (d) To provide the opportunity for positive parenting to take place through understanding of human growth and development. (e) To reduce strain between parent and child in order to prevent abuse, neglect, or exploitation. (f) To enhance the cognitive development of children, with particular emphasis upon those children who require special assistance, including bilingual capabilities to attain their full potential. (g) To establish a framework for the expansion of child care and development services. (h) To empower and encourage parents and families of children who require child care services to take responsibility to review the safety of the child care program or facility and to evaluate the ability of the program or facility to meet the needs of the child. SEC. 4. Section 8202 of the Education Code is amended to read: 8202. It is the intent of the Legislature that: (a) All families have access to child care and development services, through resource and referral services, where appropriate, regardless of ethnic status, cultural background, or special needs. It is further the intent that subsidized child care and development services be provided to persons meeting the eligibility criteria established under this chapter to the extent funding is made available by the Legislature and Congress. (b) The healthy physical, cognitive, social, and emotional growth and development of children be supported. (c) Families achieve and maintain their personal, social, economic, and emotional stability through an 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. (d) Community-level coordination in support of child care and development services be encouraged. (e) Families have a choice of programs that allow for maximum involvement in planning, implementation, operation, and evaluation of child care and development programs. (f) Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety of child care programs, including, but not limited to, their right to inspect child care licensing files. (g) Planning for expansion of child care and development programs be based on ongoing local needs assessments. (h) The Superintendent of Public Instruction, in providing funding to child care and development agencies, promote a range of services which will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following: (1) Programs located in centers, family day care homes, or in the child's own home. (2) Services provided part-day, full-day, and during nonstandard hours including weekend care, night and shift care, before and after school care, and care during holidays and vacation. (3) Child care services provided for infants, preschool, and schoolage children. (i) The Superintendent of Public Instruction be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this chapter. SEC. 4.5. Section 8202 of the Education Code is amended to read: 8202. It is the intent of the Legislature that: (a) All families have access to child care and development services, through resource and referral services, where appropriate, regardless of ethnic status, cultural background, or special needs. It is further the intent that subsidized child care and development services be provided to persons meeting the eligibility criteria established under this chapter to the extent funding is made available by the Legislature and Congress. (b) The healthy physical, cognitive, social, and emotional growth and development of children be supported. (c) Families achieve and maintain their personal, social, economic, and emotional stability through an 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. (d) Community-level coordination in support of child care and development services be encouraged. (e) Families have, and are informed that they have, a choice of programs that allow for maximum involvement in planning, implementation, operation, and evaluation of child care and development programs and that they be given the maximum possible information about the availability, cost, operation, and effectiveness of each option. (f) Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety of child care programs, including, but not limited to, their right to inspect child care licensing files. (g) Planning for expansion of child care and development programs be based on ongoing local needs assessments. (h) The Superintendent of Public Instruction, in providing funding to child care and development agencies, promote a range of services which will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following: (1) Programs located in centers, family day care homes, or in the child's own home. (2) Services provided part-day, full-day, and during nonstandard hours including weekend care, night and shift care, before and after school care, and care during holidays and vacation. (3) Child care services provided for infants, preschool, and schoolage children. (i) The Superintendent of Public Instruction be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this chapter. SEC. 5. Section 8212 of the Education Code is amended to read: 8212. For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services: (a) 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 which 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, the following information: (1) Type of program. (2) Hours of service. (3) Ages of children served. (4) Fees and eligibility for services. (5) Significant program information. (b) (1) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. 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 operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following: (A) Toll-free telephone lines. (B) Office space convenient to parents and providers. (C) Referrals in languages which are spoken in the community. Each child care resource and referral agency shall publicize its services through all available media sources, agencies, and other appropriate methods. (2) (A) 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. (B) A written or oral advisement in substantially the following form will comply with the requirements of subparagraph (A): "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." (c) 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 agencies: (1) Number of calls and contacts to the child care information and referral agency or component. (2) Ages of children served. (3) Time category of child care request for each child. (4) Special time category, such as nights, weekends, and swing shift. (5) Reason that the child care is needed. This information shall be maintained in a manner that is easily accessible for dissemination purposes. (d) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to: (1) 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. (2) Information and resources which shall help existing child care services providers to maximize their ability to serve the children and parents of their community. (3) Dissemination of information on current public issues affecting the local and state delivery of child care services. (4) Facilitation of communication between existing child care and child-related services providers in the community served. 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. SEC. 6. Section 8226 is added to the Education Code, to read: 8226. (a) When making referrals, every agency operating pursuant to this article shall provide 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. (b) A written or oral advisement in substantially the following form will comply with the requirements of subdivision (a): "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." SEC. 7. Section 1596.859 of the Health and Safety Code is amended to read: 1596.859. (a) (1) Each licensed child day care facility shall 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. An individual report shall not be required to be maintained beyond three years from the date of issuance, and shall not include any information that would not have been accessible to the public through the State Department of Social Services Community Care Licensing Division. (2) (A) Every child care resource and referral program established pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of Part 6 of the Education Code, and every alternative payment program established pursuant to Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 of the Education Code shall advise every person who requests a child care referral of his or her right to the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to this section and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. (B) A written or oral advisement in substantially the following form will comply with the requirements of subparagraph (A): "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." (b) Within 30 days after the date specified by the department for a licensee to correct a deficiency, the department shall provide the licensee with a licensing report or other appropriate document verifying compliance or noncompliance. Notwithstanding any other provision of law, and with good cause, the department may provide the licensee with an alternate timeframe for providing the licensing report or other appropriate document verifying compliance or noncompliance. If the department provides the licensee with an alternate timeframe, it shall also provide the reasons for the alternate timeframe, in writing. The licensee may make this documentation available to the public. SEC. 8. Section 1596.890 of the Health and Safety Code is amended to read: 1596.890. (a) Any person who willfully or repeatedly violates any provision of this chapter, or any rule or regulation promulgated under this chapter is guilty of a misdemeanor. Upon conviction thereof, such a person shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days, or by both the fine and imprisonment. The operation of a child day care facility without a license issued pursuant to this chapter shall make the owner or operator, or both, subject to a summons to appear in court. (b) Notwithstanding subdivision (a) or any other provision of law, the sole sanction for failure of a resources and referral agency or an alternative payment program to comply with paragraph (2) of subdivision (a) of Section 1596.859 shall be set forth in the "Funding Terms and Conditions" agreement between the affected agency or program and the State Department of Education. SEC. 9. Section 4.5 of this bill incorporates amendments to Section 8202 of the Education Code proposed by both this bill and SB 1249. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2000, (2) each bill amends Section 8202 of the Education Code, and (3) this bill is enacted after SB 1249, in which case Section 4 of this bill shall not become operative.