BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Deborah V. Ortiz, Chair
BILL NO: AB 379
A
AUTHOR: Mullin
B
AMENDED: May 27, 2004
HEARING DATE: June 23, 2004
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FISCAL: Appropriations
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CONSULTANT:
Hailey/sl
SUBJECT
Family child care home education networks
SUMMARY
Establishes family child care home education networks,
within the Child Care and Development Services Act, to
support educational objectives for children in licensed
family child care homes.
ABSTRACT
Existing law:
1.Establishes a classification of community care facility
called family day care home, licensed for up to six
children or, with a second adult present, up to 12
children. (Health and Safety Code Sections 1597.30 et
seq.) This bill refers to family day care homes as
family child care homes.
2.Defines "child care and development programs" as programs
that offer a full range of services for children from
infancy to 14 years of age for any part of the day, in
centers or family child care homes. (Education Code
Section 8208)
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3.Requires the Superintendent of Public Instruction (SPI)
to fund and to develop standards of quality for these
programs. (Education Code Sections 8202 and 8203)
4.Allows the State Department of Education (SDE) to
contract with networks of family child care homes.
(Education Code Sections 8240 through 8244)
This bill:
1.Expresses the intent of the Legislature to clarify and
codify state law governing current contracts with
networks of family child care homes.
2.Establishes a new program, within the Child Care and
Development Services Act, called family child care home
education networks.
3.Defines a network as an entity that contracts with SDE to
make payments to licensed family child care home
providers, and to provide educational and support
services to those providers and to children and families
eligible for state-subsidized child care and development
services.
4.Requires the SPI to contract with networks that support
educational objectives for children in licensed family
day care homes that serve families eligible for
subsidized child care, when funds are appropriated for
this purpose.
5.Requires network programs to include at least the
following:
Age and developmentally appropriate activities
for children.
Care and supervision of children.
Parenting education and parental involvement.
Social services, including the identification
of child and family needs and referral to
appropriate agencies.
Health services including referrals.
Nutrition.
Training and support for network providers and
staff.
Assessment of each provider to ensure that
services are of high quality and educationally and
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developmentally appropriate.
Developmental profiles of children.
6.Requires network contractors to:
Recruit, enroll, and certify eligible families.
Recruit, train, support, and reimburse licensed
family home providers.
Collect family fees.
Assess the educational quality of each
participating home, pursuant to requirements to be
established by the SDE.
Monitor requirements and conduct periodic
assessments.
Ensure that basic health and nutrition
requirements are met.
Provide data and reporting in accordance with
contract requirements.
Establish a written policy that describes the
relationship between the Network and each provider
including the establishment of rates and the
conditions that determine whether the provider is an
independent contractor or is an employee of the
Network.
1.States that the act does not impose any new requirement
on a network that entered into an agreement with the SDE
on or before January 1, 2005, and does not require any
increases in reimbursement rates under that contract.
Also states that the act does not require the SDE to
modify its contracting procedure that was in effect prior
to January 1, 2005.
FISCAL IMPACT
According to the Assembly Floor analysis, SDE maintains
that costs are absorbable. The Assembly Appropriations
Committee confirms that there is no cost.
BACKGROUND AND DISCUSSION
Family child care home education networks are not currently
defined in state law. SDE has contracted with networks for
over 30 years to recruit licensed family home providers to
provide care, place children with providers, ensure
children receive an appropriate education program, provide
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training for both parents and providers, collect family
fees, and collect invoices from providers, among other
responsibilities. In 2001-02 more than 5,000 children were
served by 32 network contracts.
The author's purpose
During the past 30 years, SDE has contracted with family
child care networks under the general rubric of child care
and development programs. The author believes that
codifying existing practice and defining the purpose,
responsibilities, and outcome measures for family child
care networks is in order.
Family child care networks
Under current provisions of the Education Code, SDE
contracts with family child care networks - including
requiring appropriate activities for children, parenting
education and involvement, social and health services,
nutrition, and training and career ladder opportunities.
The contract includes a maximum amount of funds and a daily
per-child rate for child care and development services.
The network provides administration of the contract -
recruiting licensed family child care providers, certifying
the eligibility of children, enrolling children, and
ensuring that all required services are provided to the
children and families who are enrolled in subsidized care.
These contracts are authorized through Article 8, General
Child Care, of the Child Care and Development Services Act.
Potential conflict
Legislative counsel advises the author and the committee
that AB 379 appears to be in conflict with SB 1657.
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COMMENTS AND QUESTIONS
1.Need for the bill. Family child care networks, like
child care centers, have received direct contracts from
SDE for 30 years. The Education Code provisions for
General Child Care, specifically Section 8240, apply to
centers and to family child care networks. The Code has
served family child care networks well. Is there a need
to add an article to the Education Code?
2.Reduced flexibility? Currently, centers and family child
care networks operate under the "general child care"
rubric. This bill establishes a new program type for
family child care networks. Is establishing a separate
program type in the long-term interest of having a
flexible and responsive child care and development
system?
PRIOR ACTIONS
Senate Education: 11 - 0 Do Pass
Assembly Floor: 65 - 13 Pass
Assembly Appropriations: 23 - 0 Do Pass
Assembly Human Services: 6 - 1 Do Pass as Amended
POSITIONS
Support: California Child Care Resource and Referral
Network
California Child Development Administrators
Associates
California State PTA
Consumers Union
Health Access California
Oppose: None on file
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