BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       AB 2463
          AUTHOR:        Brownley
          AMENDED:       May 28, 2010
          FISCAL COMM:   Yes            HEARING DATE:  June 30, 2010
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :   Child care resource and referral programs.

           KEY POLICY ISSUES   

          Should existing duties and responsibilities of child care  
          resource and referral programs be codified?

          Will codification create additional budgetary pressure to  
          fund these duties and responsibilities?

           SUMMARY   

          This bill updates, clarifies and codifies the duties and  
          responsibilities of child care resource and referral  
          programs.

           BACKGROUND  
          Resource and referral programs (R&Rs) help parents find child  
          care by identifying the full range of existing public and  
          private, licensed and license-exempt, subsidized or  
          fee-based, child care services.  R&Rs give parents  
          information such as types of 
          programs that are available, the hours of service, ages of  
          children served, and fees and eligibility for services.   
          (Education Code  8212)  

          The roles and responsibilities of R&Rs, and requirements R&Rs  
          must meet, are contained in the Education Code, Health &  
          Safety Code, regulations, and Funding Terms and Conditions.

          Every county in California is served by at least one R&R  
          program.  The Child Development Division of the California  
          Department of Education administers the R&Rs' state  
          contracts.





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           ANALYSIS  

           This bill  updates, clarifies and codifies the duties and  
          responsibilities of child care resource and referral  
          programs.  Specifically, this bill (by Section):

          1)   Corrects the reference to funding for Resource and  
               Referral programs (R&Rs) included in the R&R article of  
               the Education Code.

          2)   Deletes obsolete language that identified a fixed amount  
               of funding for R&Rs, and instead makes a general funding  
               allocation statement with regard to R&Rs.

          3)   Includes a cross-reference to the Health & Safety Code  
               regarding the authority to limit the distribution of the  
               list of small family day care homes; adds use of e-mail  
               to the methods used to provide information to parents;  
               expands specified options for technical assistance to  
               include training, providing certain information to  
               parents, partner with county welfare services, helping  
               plan and improve child care in local communities, and  
               help advise on potential expansion of child care  
               services; requires R&Rs to provide certain information  
               to the California Child Care Resource & Referral Network  
               (Network), and requires the Network to annually submit  
               the compiled information to the California Department of  
               Education; deletes the requirement to remove a child  
               care provider whose license has been revoked or  
               suspended from the list of providers within two business  
               days, and instead requires these providers to be removed  
               from the list upon notification from Community Care  
               Licensing that the license has been revoked or  
               suspended.

          4)   Repeals a code section regarding funding that was  
               provided for R&Rs to serve families under stress who  
               needed short term assistance to avoid the Child  
               Protective Service system.  Since that time, many of  
               those funds have been reallocated to Alternative Payment  
               Programs (APP), most of whom work closely and/or are  
               under the same agency as the R&R.  These funds have been  
               co-mingled with APP funds to serve at-risk families and  
               the service is no longer under the auspice of R&R  
               services.  





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          5)   Adds a written complaint procedure process to conform to  
               existing R&R regulations.  

          6)   Adds language specifying that the basic child care  
               referral shall be at no cost to anyone requesting  
               services; authorizes a fee for an enhanced referral that  
               includes more information than a basic referral;  
               requires a basic referral to include the name and phone  
               number of the providers referred; provides examples of a  
               wide variety of supports and educational services for  
               parents and providers that may be free or fee-based.

          7)   Adds language to describe the California Child Care  
               Initiative Project-Quality Plan Program.

          8)   Adds language to describe the Growing, Learning, Caring  
               Project regarding the training of license-exempt child  
               care providers.

          9)   Adds language to clarify the role of R&Rs in providing  
               maximum parent choice and maximum access to services in  
               order to conform to existing R&R regulations; adds the  
               requirement for R&Rs to provide information to parents  
               about how to select child care that meets their needs,  
               licensing 
               requirements, and eligibility for subsidized care, and  
               to give a range of child care alternatives to parents.

          10)  Adds a new code section outlining the R&Rs role in the  
               implementation of Trustline for license-exempt providers  
               and to provide a cross-reference to the Health & Safety  
               Code.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, "Over the  
               past thirty years, California's R&R services have  
               evolved from a grassroots effort helping parents find  
               child care, to a well-developed system that supports  
               parents, providers, and local communities in finding,  
               planning for, and providing affordable, quality child  
               care.  While R&R agencies have evolved, the California  
               Code which governs them has not."

           2)   Why codify  ?  This bill appears to codify existing duties  
               and responsibilities of R&Rs.  Bringing together the  




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               many references to R&Rs in the Health & Safety Code,  
               regulations and the Funding Terms and Conditions into  
               one area of the Education Code may provide greater  
               awareness of, and compliance with, roles,  
               responsibilities and requirements.  However,  
               codification could create cost pressure to provide  
               additional funding for the services specified in this  
               bill.

           3)   Fiscal impact  .  According to the Assembly Appropriations  
               Committee, this bill would not impose any significant  
               costs.

           4)   Technical amendment  .  Staff recommends amendments to  
               change any reference to R&R "agencies" to R&R  
               "programs."

           SUPPORT
           
          Advancement Project
          BANANAS
          California Alternative Payment Program
          California Association for the Education of Young Children
          California Child Care Resource & Referral Network
          California Healthcare Institute
          Child Action, Inc.
          Childcare Coordinating Council of San Mateo County
          Child Care Links
          Child Care Resource Center
          Choices for Children of El Dorado and Alpine Counties
          Community Child Care Coordinating Council of Alameda County
          Community Child Care Council of Sonoma County
          Community Connection for Child Care
          Community Resources for Children
          Connections for Children
          Contra Costa Child Care Council
          Del Norte Child Care Council
          Family Resource and Referral Center
          Marin Child Care Council
          Option - A Child Care and Human Services Agency
          Pathways
          Santa Cruz County Office of Education, Child Development  
          Resource and Referral 
               Center
          Solano Family & Children's Services
          Valley Oak Children's Services




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          Wu Yee Children's Services
          Numerous individuals

           OPPOSITION
           
          None received.