BILL NUMBER: AB 2463 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Brownley
FEBRUARY 19, 2010
An act to amend Sections 8210, 8212, 8214, 8215, and 8216 of, to
add Sections 8212.5, 8217, and 8218 to, to repeal Sections 8211 and
8212.3 of, the Education Code, and to amend Section 1596.655 of the
Health and Safety Code, relating to child care and development
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2463, as introduced, Brownley. Child care 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 would delete provisions expressing the Legislature's
intent to appropriate certain funds for allocation to resource and
referral agencies. The bill would require a child care resource and
referral program to provide specified additional services, including
providing training and workshops relating to child care services,
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 provide
basic child care referrals, as defined, at no cost.
(2) 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, and
would require the Superintendent to allocate funds, including funds
from the federal Child Care and Development Block Grant quality
set-aside, in accordance with specified requirements. The bill would
establish the Growing, Learning, Caring Project to foster and improve
the quality of child care in all settings, including child care
settings that are exempt from licensing requirements.
(3) 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 resource and referral programs in
the administration of the trustline.
This bill would impose additional requirements on resource and
referral programs relating to the trustline, including providing
specified additional data, and reviewing and processing trustline
applications for in-home or license-exempt home-based child care
providers who are being paid through state-funded child care
subsidies. The bill would make other conforming 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. Section 8210 of the Education Code is amended to read:
8210. Funds appropriated for the purpose of this chapter
may article shall be used for child care
resource and referral programs which may be operated by public or
private nonprofit entities.
SEC. 2. Section 8211 of the Education Code is repealed.
8211. It is the intent of the Legislature that one hundred eighty
thousand dollars ($180,000) be appropriated each fiscal year for
allocation to child care and development resource and referral
agencies operated by local educational agencies for the purpose of
the child care resources and referral program set forth in this
article.
SEC. 3. Section 8212 of the Education Code is amended to read:
8212. For Child care resource and
referral programs are unique in their provision of services to
parents 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 the following
services:
(a) Identification of Identify 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 Establish a
referral process which that is described in
writing and is available to parents and providers upon request, that
responds to parental need for information and which is
. Referrals shall be available to all persons
requesting the information regardless of income level or other
eligibility requirements 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 . Referrals shall be made to unlicensed
care facilities only if there is no requirement that the facility be
licensed. , and, where available, programs that are
legally exempt from licensing. The referral process shall
afford parents maximum access and choice 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 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:
(A) Toll-free telephone lines.
(B) E-mail and other appropriate technology.
(B)
(C) Office space convenient to parents and providers.
(C)
(D) Referrals in languages which are spoken in the
community.
Each child care resource and referral program shall publicize its
services through all available media sources, agencies, and other
appropriate methods.
(2) (A) Provision of 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 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 Maintain 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:
(1) Number of calls and contacts to the child care
information resource and referral program 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 Provide 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 , the following :
(1) Information Provide 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 Provide
information and resources that help existing child care
services providers to maximize their ability to serve the children
and parents of their community , including, when appropriate,
site visits and toy and resource libraries .
(3) Provide training and workshops on health and safety, child
development, special needs, and other topics related to professional
development.
(3)
(4) Dissemination of
Disseminate information on current public issues affecting the
local and state delivery of child care services.
(4)
(5) Facilitation of Facilitate
communication between existing child care and child-related
services providers in the community served.
(6) Provide community resource assistance to parents, child care
providers, and other community organizations by providing information
about community resources, child care statistics, and initiating a
child care business.
(7) Collaborate with community partners to increase awareness of
child care issues and maximize federal, state, and local resources.
(8) Assist community and public agencies in planning,
coordinating, and improving child care in the area.
(9) Assist the local county welfare agency in determining the
child care needs of CalWORKs families, and provide CalWORKs families
with information on available child care.
(10) Facilitate efforts to expand child care services in the local
community based on demonstrated demand for services.
Services
(e) 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.
(e)
(f) (1) A program operating pursuant to this article
shall, within two business days of receiving notice, 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. 4. Section 8212.3 of the Education Code is repealed.
8212.3. (a) In addition to the services described in Section
8212, a child care resource and referral program, established to
serve a defined geographic area, may provide short-term respite child
care. "Short-term respite care," for purposes of this article, means
temporary child care services to do any of the following:
(1) Provide services to families identified and referred by child
protective agencies.
(2) Relieve the stress caused by child abuse, neglect, or
exploitation, or the risk of abuse, neglect, or exploitation.
(3) Assist parents who, because of serious illness or injury,
homelessness, or family crisis, including temporary absence from the
home because of illness or injury, would be unable without assistance
to provide the normal care and nurture expected of parents.
(4) Provide temporary relief to parents from the care of children
with exceptional needs.
(b) Pursuant to the delivery of short-term respite child care
services, priority shall be given for the provision of services to
families identified and referred by child protective agencies, to
relieve the stress caused by child abuse, neglect, or exploitation,
or the risks thereof, as described in paragraphs (1) and (2) of
subdivision (a). Priority shall be given to assist parents and to
provide temporary relief to parents, as described in paragraphs (3)
and (4) of subdivision (a) to the extent that resources are
available.
SEC. 5. 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. 6. Section 8214 of the Education Code is amended to read:
8214. Child Basic child care
resources and referral referrals shall
be provided at no cost to all persons requesting services
and to all types of child care providers ,
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 guardi an seeking referrals. 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 parent and provider support and educational services.
Services, including training, technical assistance, and other
appropriate supports that improve the quality of child care available
in the community, shall be provided for all types of child care
providers.
SEC. 7. Section 8215 of the Education Code is amended to read:
8215. (a) There is are hereby
established a project two projects,
known as the California Child Care Initiative Project - State
Program, and the California Child Care Initiative Project - Quality
Plan Program . It is the intent of the Legislature to promote
and foster the project California Child Care
Initiative Project - State Program in cooperation with private
corporations and local governments. The objective of the
project both projects is to increase the
availability of quality child care programs in the state.
(b) For purposes of this section, the purpose of the
California Child Care Initiative Project means a project to
expand is to clarify the role and functions of
selected resource and referral agencies
programs in activities including needs
assessment, recruitment and screening of providers, technical
assistance, and staff development and training, in order to aid
communities in increasing their capability in
to increase the number of child care spaces available and
improve the quality of child care services offered.
(c) The Superintendent of Public Instruction
shall allocate all state and federal funds appropriated for
the California Child Care Initiative Project for the
purpose of making grants to those child care resource and referral
agencies that have been selected as pilot sites for the project
.
(d) The project
Projects in accordance with the following provisions:
(1) For the California Child
Care Initiative Project - State Program, the Superintendent
shall ensure that each dollar of state funds allocated pursuant to
subdivision (c) is matched by two dollars ($2) from other sources,
including private corporations, the federal government, or local
governments.
(e) The grants to the sites made available by the project shall be
comprised of a combination of state funds and other funds pursuant
to subdivision (d).
(2) For the California Child Care Initiative Project - Quality
Plan Program, the Superintendent shall allocate state and federal
funds from the federal Child Care and Development Block Grant quality
set-aside.
(f)
(d) The Superintendent of Public Instruction
shall develop a data base database
for the project the two projects
.
SEC. 8. 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 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.
When
(b) When making referrals,
every 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, as well as
information to a family on the family's ability to choose a
license exempt license-exempt provider.
SEC. 9. Section 8217 is added to the Education Code, to read:
8217. (a) There is hereby established the Growing, Learning,
Caring Project. The intent of the Legislature in establishing the
project is to foster and improve the quality of child care in all
settings, including child care settings that are exempt from
licensing requirements.
(b) For purposes of this section, the Growing, Learning, Caring
Project clarifies the role and functions of resource and referral
programs in training, technical assistance, and supports for
license-exempt providers.
(c) The Superintendent shall allocate state and federal funds
appropriated for purposes of the Growing, Learning, Caring Project.
SEC. 10. Section 8218 is added to the Education Code, to read:
8218. 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.
SEC. 11. Section 1596.655 of the Health and Safety Code is amended
to read:
1596.655. A child care resource and referral agency established
pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of
Part 6 of the Education Code shall have the following
responsibilities in the administration of the trustline within its
local geographic area of service:
(a) Implement the local elements of the promotion plan designed
by the California Child Care Resource and Referral Network pursuant
to Section 1596.643 and publicize the availability, purpose, and
benefits of the trustline to parents, child care providers,
prospective child care providers, and institutions and agencies that
have frequent contact with parents and providers.
(b) Cooperate with the California Child Care Resource and
Referral Network in promotional and data collection efforts ,
including providing information on child care supply and demand data
on a biennial basis from their service areas, and data on other child
care resource and referral services, such as training and technical
assistance, on a quarterly basis for the purposes of statewide data
compilation .
(c) Report annually to the California Child Care Resource and
Referral Network on local promotional efforts, problems encountered,
and recommendations for program improvement.
(d) Ensure that the trustline is accessible to all persons in the
state, regardless of their ability to speak English.
(e) Provide information and technical assistance on the trustline
process to parents, child care providers, and other interested
parties.
(f) Review and process trustline applications for in-home or
license-exempt, home-based child care providers who are being paid
through state-funded child care subsidies.
(g) Cooperate with the California Child Care Resource and Referral
Network to facilitate the use of the trustline automated
registration process or the trustline web-based application process.