BILL NUMBER: SB 244 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 20, 2009
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Wright
(Coauthors: Senators Alquist, Hancock, and Liu)
FEBRUARY 24, 2009
An act to amend Sections 8212, 8227, 8236,
8240, 8263, 8301, 8499.5, and 79121 of, and to add
Sections 8210 and 8499.11 to, the Education Code, and to amend
Sections 401 and 16001.9 of the Welfare and Institutions Code,
relating to children's services.
LEGISLATIVE COUNSEL'S DIGEST
SB 244, as amended, Wright. Children's services: high-risk
children.
(1) The Child Care and Development Services Act requires the
Superintendent of Public Instruction to administer child care and
development programs that provide a full range of services for
eligible children from infancy to 13 years of age.
This bill would require general child care and development
programs to include priority enrollment, when slots become available,
in programs operated by licensed child care providers or local
educational agencies, for children from birth to 5 years of age who
meet certain criteria, including children who are in the foster
system, are at risk of being neglected, abused, or exploited are in
relative care, were in the foster system and have recently been
adopted, are homeless, or have a custodial parent who is in the
foster care system, on probation, on parole, or in a correctional or
residential treatment facility.
(2) Existing law authorizes funds to be used for child care
resource and referral programs, and requires a child care and
resource referral provider to publicize its services through all
available media sources, agencies, and other appropriate methods.
This bill would require the child care and resource referral
provider to include in the publicity a statement regarding the state'
s special interest in enrolling children from birth to 5 years of age
who meet specified criteria in certain child care and development
programs, including children in the foster system, in relative care,
formerly in the foster system and recently adopted, who are homeless,
or who have a custodial parent who meets specified criteria.
(3) Existing law authorizes
funds appropriated for child care and development services to be used
for alternative payment programs, and requires alternative payment
agencies in each county to design, maintain, and administer a
countywide centralized eligibility list that includes specified
information relating to child characteristics.
This bill would require the central eligibility list also to
include certain additional information, including whether
the a child from birth to 5 years of age
is in the foster c are system, in
relative care or reunification , formerly in the foster
c are system and recently adopted, homeless, or
has a custodial parent who meets certain criteria.
(4)
(2) Existing law requires the Superintendent to
administer all California state preschool programs, and requires
applicants and contracting agencies to give priority to 3- or
4-year-old neglected or abused children or children who are at risk
of being neglected, abused, or exploited, as specified. Existing
law requires agencies, after children in that first priority
category are enrolled, to enroll eligible 4-year-old children prior
to enrolling eligible 3 -year-old children.
This bill also would require priority
to be given to children who meet specified other
further prioritize the enrollment of the children in the
2nd category based on specified criteria, including
children who are in relative care or reunification , are
formerly in the foster care system and recently adopted,
homeless, or have a custodial parent who meets specified criteria.
(5)
(3) Existing law sets forth certain requirements for a
family to be eligible for federal and state subsidized child
development services.
This bill would include families with children from birth to 5
years of age who se ek placement in a program
operated by a licensed child care provider or local educational
agency who are in relative care or reunification ,
were in the foster ca re system and recently
adopted, are homeless or are dependents of custodial
parents who meet specified criteria. The bill would make conforming
changes. T he bill would also specify that those
children have the right to continuous enrollment if their residence
or placement changes, except as specified.
(6)
(4) Existing law establishes the Early Learning Quality
Improvement System Advisory Committee, and requires the committee to
submit a report to the Legislature and the Governor by December 31,
2010.
This bill would require the committee to include additional
information in that report relating to the availability and adequacy
of services high-quality child care and
development programs for certain children, including ,
among others, children from birth to 5 years of age who
are in th e foster care system, in relative
care or reunification, or w ere formerly
in the foster ca re system, who are at
risk of abuse, neglect, or exploitation, are homeless, or have a
custodial parent who meets specified criteria.
(7)
(5) Existing law provides for the establishment of local
child care and development planning councils, and requires each
local planning council to conduct an assessment of child care needs
in the county that includes specified all
factors deemed appropriate by the local planning council,
as specified .
This bill would require local planning councils to
include additional factors relating to would include
among those factors the need for child care for income-eligible
children from birth to 5 years of age in relative care or
reunification , who have formerly been in the foster
care system and have recently been adopted, are homeless,
or have a custodial parent that meets specified criteria.
(8)
(6) The federal Head Start Act is established to
promote school readiness for children from lower income families.
Existing law states the Legislature's findings and declarations
relating to federal requirements for grantees of federal Head Start
funds.
This bill would express the Legislature's intent that
grantors of federal when Head Start
funds and early Head Start programs perform community
needs assessments and determine local priorities, that they
seriously consider the needs of hidden populations and
giving first priority for open slots to inc
ome-eligible children from birth to 5 years
of age who meet certain criteria, including children who
are in the foster c are system or at risk of
abuse, neglect, or exploitation, among others.
(9)
(7) Existing law authorizes any county to institute a
program of advocates for pupils in foster care placement that uses
educational advocates to assist children in foster care through the
educational system, including facilitating the school enrollment of
pupils in foster care.
This bill would also require the advocate to facilitate the
enrollment of children in the foster care system
in child care and development programs.
(10)
(8) Existing law specifies that children in foster care
have certain rights, including the right to attend school.
This bill would also include the right to attend high-quality
child care and development programs.
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 is added to the Education Code, to read:
8210. In recognition of the importance of early brain development
and the lifelong personal, social, and economic impacts of unmet
early childhood needs, it is the intent of the Legislature that
the highest high priority for
enrollment in child care and development programs be given to
children from birth to five years of age with the greatest ability to
benefit from those programs. These include children who have been or
are at risk of being abused, neglected or exploited, are in relative
care or reunification , were in the foster care
system and recently adopted, are homeless, or are dependents of
parents who are in the foster care system, on probation,
on parole, or in a correctional or residential treatment facility.
Those children shall have the right to continuous enrollment in those
programs even if the residence in which they are placed changes, if
continued enrollment is considered to be in the best interest of the
child.
Recognizing that meeting the needs of these children may present
special challenges to child care and development programs, it is the
intent of the Legislature to provide resources, when they become
available, to ensure that those programs benefit from the training
and other support necessary to offer and maintain programs of the
highest quality and achieve the desired child outcomes.
SEC. 2. 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 that shall be maintained and updated
at least quarterly. These services shall include, but are not 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 is not 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 that responds to
parental need for information and that is 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. 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 that 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. The publicity shall include a statement
regarding the state's special interest in enrolling the following
children in programs that are operated by licensed child care
providers or local educational agencies: children from birth to five
years of age who are in the foster system, in relative care, formerly
in the foster system and recently adopted, homeless, or who have a
custodial parent who is in the foster care system, on probation, on
parole, or in a correctional or residential treatment facility.
(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 programs:
(1) Number of calls and contacts to the child care information 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 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 that 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.
(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.
(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. 3. SEC. 2. Section 8227 of the
Education Code is amended to read:
8227. (a) To the extent that funding is made available for this
purpose through the annual Budget Act, the alternative payment agency
in each county shall design, maintain, and administer a system to
consolidate local child care waiting lists so as to establish a
countywide centralized eligibility list. In those counties with more
than one alternative payment agency, the agency that also administers
the resource and referral program shall have the responsibility of
developing, maintaining, and administering the countywide centralized
eligibility list. In those counties with more than one alternative
payment agency and more than one resource and referral program, the
department shall establish a process to select the agency to develop,
maintain, and administer the countywide centralized eligibility
list.
(b) Notwithstanding subdivision (a), in those counties in which a
countywide centralized eligibility list exists, as of the date that
the act adding this section is enacted, the entity administering that
list may receive funding, instead of the entity specified under
subdivision (a).
(c) Each centralized eligibility list shall include all of the
following:
(1) Family characteristics, including ZIP Code of residence, ZIP
Code of employment, monthly income, and size.
(2) Child characteristics, including birth date and whether the
child has special needs, and whether the child is in the
foster a child from birth to five years of age is in
the foster care system, in relative care or reunification
, formerly in the foster care system and recently
adopted, homeless, or has a custodial parent who is in the foster
care system, on probation, on parole, or in a correctional or
residential treatment facility.
(3) Service characteristics, including reason for need, whether
full-time or part-time service is requested, and whether after hours
or weekend care is requested.
(d) Information collected for the centralized eligibility list
shall be reported to the Superintendent on an annual basis on the
date and in the manner determined by the department.
(e) (1) To be eligible to enter into an agreement with the
department to provide subsidized child care, a contractor shall
participate in and use the centralized eligibility list.
(2) A contractor with a campus child care and development program
operating pursuant to Section 66060, migrant child care and
development program operating on a seasonal basis pursuant to Section
8230, or program serving severely handicapped children pursuant to
subdivision (d) of Section 8250 and who has a local site waiting list
shall submit eligibility list information to the centralized
eligibility list administrator for any parent seeking subsidized
child care for whom these programs are not able to provide child care
and development services. A child care and development contractor or
program described in this paragraph may utilize any waiting lists
developed at its local site to fill vacancies for its specific
population. Families enrolled from a local site waiting list shall be
enrolled pursuant to Section 8263.
SEC. 4. SEC. 3. Section 8236 of the
Education Code, as amended by Section 4 of Chapter 308 of the
Statutes of 2008, is amended to read:
8236. (a) (1) Each applicant or contracting agency funded
pursuant to Section 8235 shall give first priority to three- or
four-year-old neglected or abused children who are recipients of
child protective services, or who are at risk of being neglected,
abused, or exploited upon written referral from a legal, medical,
or social service agency, or who are in relative care,
formerly in the foster system and recently adopted, homeless, or have
a custodial parent in the foster system, on probation, on parole, or
in a correctional or residential treatment facility. If an agency is
or social service agency. If an agency is
unable to enroll a child in this first priority category, the
agency shall refer the child's parent or guardian to local resource
and referral services so that services for the child can be located.
Priority enrollment shall be granted when slots become
available, but shall not be used to displace children who are
currently receiving care.
(2) Notwithstanding Section 8263, after children in the first
priority category set forth in paragraph (1) are enrolled, each
agency funded pursuant to Section 8235 shall give priority
to eligible four-year-old children prior to enrolling eligible
three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children. of enrollment in the following
order:
(A) Eligible four-year-old children who are in relative care or
reunification, were in the foster care system and recently adopted,
are homeless, or have a custodial parent in the foster care system,
on probation, on parole, or in a correctional or residential
treatment facility.
(B) Other eligible four-year-old children.
(C) Eligible three-year-old children who are in relative care or
reunification, were in the foster care system and recently adopted,
are homeless, or have a custodial parent in the foster care system,
on probation, on parole, or in a correctional or residential
treatment facility.
(D) Other eligible three-year-old children.
(b) For California state preschool programs operating with funding
that was initially allocated in a prior fiscal year, at least
one-half of the children enrolled at a preschool site shall be
four-year-old children. An exception to this requirement shall be
approved by the Superintendent. The Superintendent shall inform the
Secretary for Education and the Department of Finance of exceptions
that have been granted and the reasons for granting the exceptions.
(c) The following provisions apply to the award of new funding for
the expansion of the California state preschool program that is
appropriated by the Legislature for that purpose in any fiscal year:
(1) In an application for those expansion funds, an agency shall
furnish the Superintendent with an estimate of the number of
four-year-old and three-year-old children that it plans to serve in
the following fiscal year with those expansion funds. The agency also
shall furnish documentation that indicates the basis of those
estimates.
(2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
headquarters preferences and eligibility criteria relating to fiscal
or programmatic noncompliance established pursuant to Section 8261,
shall give priority to applicant agencies that, in expending the
expansion funds, will be serving the highest percentage of
four-year-old children.
(d) Nothing in this section shall be deemed to preclude a local
educational agency from subcontracting with an appropriate public or
private agency to operate a California state preschool program and to
apply for funds made available for the purposes of this section. If
a school district chooses not to operate or subcontract for a
California state preschool program, the Superintendent shall work
with the county office of education and other eligible agencies to
explore possible opportunities in contracting or alternative
subcontracting to provide a California state preschool program.
(e) Nothing in this section shall prevent eligible children who
are currently receiving services from continuing to receive those
services in future years pursuant to this chapter.
SEC. 5. Section 8240 of the Education Code is
amended to read:
8240. The Superintendent, with funds appropriated for this
purpose, shall administer general child care and development
programs.
General child care and development programs shall include:
(a) Age and developmentally appropriate activities for children.
(b) Supervision.
(c) Parenting education and parent involvement.
(d) Social services that include, but are not limited to,
identification of child and family needs and referral to appropriate
agencies.
(e) Health services.
(f) Nutrition.
(g) Training and career ladder opportunities, documentation of
which shall be provided to the Department of Education.
(h) Priority enrollment, when slots become available in programs
operated by licensed child care providers or local educational
agencies, for children from birth to five years of age who meet any
of the following criteria:
(1) Are in the foster system.
(2) Are at risk of being neglected or abused, upon written
referral from a legal, medical, or social service agency.
(3) Are in relative care.
(4) Were formerly in the foster system and recently adopted.
(5) Are homeless.
(6) Have a custodial parent in the foster system, on probation, on
parole, or in a correctional or residential treatment facility.
SEC. 6. SEC. 4. Section 8263 of the
Education Code is amended to read:
8263. (a) The Superintendent shall adopt rules and regulations on
eligibility, enrollment, and priority of services needed to
implement this chapter. In order to be eligible for federal and state
subsidized child development services, families shall meet at least
one requirement in each of the following areas:
(1) A family is (A) a current aid recipient, (B) income eligible,
(C) homeless, or (D) one whose children are recipients of protective
services, or whose children have been identified as being abused,
neglected, or exploited, or at risk of being abused, neglected, or
exploited, or whose children from birth to five years of age
are in relative care, formerly in the foster system and recently
adopted, or who have a custodial parent in the foster system, on
probation, on parole, or in a correctional or residential treatment
facility. exploited.
(2) A family needs the child care services (A) because the child
is identified by a legal, medical, social services agency, or
emergency shelter as (i) a recipient of protective services or (ii)
being neglected, abused, or exploited, or at risk of neglect, abuse,
or exploitation , or (B) ; (B) because a
child is from birth to five years of age and seeks placement in a
program operated by a licensed child care provider or local
educational agency and is in relative care or
reunification, or was in the foster care system and recently adopted,
or is homeless or has a custodial parent in the foster care system,
on probation, on parole, or in a correctional or residential
treatment facility; or (C) because the parents are (i) engaged
in vocational training leading directly to a recognized trade,
paraprofession, or profession, (ii) employed or seeking employment,
(iii) seeking permanent housing for family stability, or (iv)
incapacitated.
(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for state and federally subsidized child development
services is as follows:
(1) (A) First priority shall be given to neglected or abused
children who are recipients of child protective services, or children
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social services agency, or
children from birth to five years of age who are in relative care,
formerly in the foster system and recently adopted, homeless, or who
have a custodial parent in the foster system, on probation, on
parole, or in a correctional or residential treatment facility. If an
agency is agency. If an agency is unable to
enroll a child in the first priority category, the agency shall refer
the family to local resource and referral services to locate
services for the child. Priority enrollment shall be granted
when slots become available, but shall not be used to displace
children who are currently receiving care.
(B) A family who is receiving child care on the basis of being a
child at risk of abuse, neglect, or exploitation, as defined in
subdivision (k) of Section 8208, is eligible to receive services
pursuant to subparagraph (A) for up to three months, unless the
family becomes eligible pursuant to subparagraph (C).
(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or, if the child is
receiving child protective services during that period of time, and
the family requires child care and remains otherwise eligible. This
time limit does not apply if the family's child care referral is
recertified by the county child welfare agency.
(2) Second priority shall be given equally to
eligible families, regardless of the number of parents in the home,
who are income eligible. Within this priority, children from
birth to five years of age who are (i) seeking placement in a program
operated by a licensed child care provider or local educational
agency and (ii) in relative care or reunification, or were in the
foster care system and recently adopted, or are homeless, or have a
custodial parent in the foster care system, on probation, on parole,
or in a correctional or residential treatment facility shall be
placed at the top of the eligibility list. Following those children,
families with the lowest gross monthly income in relation to
family size, as determined by a schedule adopted by the
Superintendent, shall be admitted first. If two or more families are
in the same priority in relation to income, the family that has a
child with exceptional needs shall be admitted first. If there is no
family of the same priority with a child with exceptional needs, the
same priority family that has been on the waiting list for the
longest time shall be admitted first. For purposes of determining
order of admission, the grants of public assistance recipients shall
be counted as income.
(3) The Superintendent shall set criteria for and may grant
specific waivers of the priorities established in this subdivision
for agencies that wish to serve specific populations, including
children with exceptional needs or children of prisoners. These new
waivers shall not include proposals to avoid appropriate fee
schedules or admit ineligible families, but may include proposals to
accept members of special populations in other than strict income
order, as long as appropriate fees are paid.
(c) Notwithstanding any other provision of law, in order to
promote continuity of services, a family enrolled in a state or
federally funded child care and development program whose services
would otherwise be terminated because the family no longer meets the
program income, eligibility, or need criteria may continue to receive
child development services in another state or federally funded
child care and development program if the contractor is able to
transfer the family's enrollment to another program for which the
family is eligible prior to the date of termination of services or to
exchange the family's existing enrollment with the enrollment of a
family in another program, provided that both families satisfy the
eligibility requirements for the program in which they are being
enrolled. The transfer of enrollment may be to another program within
the same administrative agency or to another agency that administers
state or federally funded child care and development programs.
Also to promote continuity of services, children from
birth to f ive years of age who are enrolled in a program
operated by a licensed child care provider or local educational
agency and who are in relative care or reunification, or were in the
foster care system and recently adopted, or are homeless, or have a
custodial parent in the foster care system, on probation, on parole,
or in a correctional or residential treatment facility have the right
to continuous enrollment if their residence or placement changes and
no space is available in a comparable program in their new place of
residence.
(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision (a) of
Section 18101 of Title 5 of the California Code of Regulations for
an additional 60 working days if he or she determines that
opportunities for employment have diminished to the degree that one
or both parents cannot reasonably be expected to find employment
within 60 working days and granting the extension is in the public
interest. The scope of extensions granted pursuant to this
subdivision shall be limited to the necessary geographic areas and
affected persons, which shall be described in the Superintendent's
order granting the extension. It is the intent of the Legislature
that extensions granted pursuant to this subdivision improve services
in areas with high unemployment rates and areas with
disproportionately high numbers of seasonal agricultural jobs.
(e) A physical examination and evaluation, including
age-appropriate immunization, shall be required prior to, or within
six weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to a child
care and development program of a child whose parent or guardian
files a letter with the governing board of the child care and
development program stating that the medical examination or
immunization is contrary to his or her religious beliefs, or provide
for the exclusion of a child from the program because of a parent or
guardian having filed the letter. However, if there is good cause to
believe that a child is suffering from a recognized contagious or
infectious disease, the child shall be temporarily excluded from the
program until the governing board of the child care and
development program is satisfied
that the child is not suffering from that contagious or infectious
disease.
(f) Regulations formulated and promulgated pursuant to this
section shall include the recommendations of the State Department of
Health Care Services relative to health care screening and the
provision of health care services. The Superintendent shall seek the
advice and assistance of these health authorities in situations where
service under this chapter includes or requires care of children who
are ill or children with exceptional needs.
(g) (1) The Superintendent shall establish a fee schedule for
families utilizing child care and development services pursuant to
this chapter, including families receiving services under paragraph
(1) of subdivision (b). Families receiving services under
subparagraph (B) of paragraph (1) of subdivision (b) may be exempt
from these fees for up to three months. Families receiving services
under subparagraph (C) of paragraph (1) of subdivision (b) may be
exempt from these fees for up to 12 months. The cumulative period of
time of exemption from these fees for families receiving services
under paragraph (1) of subdivision (b) shall not exceed 12 months.
(2) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act and
Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of
the Welfare and Institutions Code shall not be included as income
for the purposes of determining the amount of the family fee.
(h) The family fee schedule shall include, but not be limited to,
the following restrictions:
(1) Fees shall not be assessed for families whose children are
enrolled in the state preschool program.
(2) A contractor or provider may require parents to provide
diapers. A contractor or provider offering field trips either may
include the cost of the field trips within the service rate charged
to the parent or may charge parents an additional fee. Federal or
state money shall not be used to reimburse parents for the costs of
field trips if those costs are charged as an additional fee. A
contractor or provider that charges parents an additional fee for
field trips shall inform parents, prior to enrolling the child, that
a fee may be charged and that no reimbursement will be available. A
contractor or provider may charge parents for field trips or require
parents to provide diapers only under the following circumstances:
(A) The provider has a written policy that is adopted by the
agency's governing board that includes parents in the decisionmaking
process regarding both of the following:
(i) Whether or not, and how much, to charge for field trip
expenses.
(ii) Whether or not to require parents to provide diapers.
(B) The maximum total of charges per child in a contract year does
not exceed twenty-five dollars ($25).
(C) A child shall not be denied participation in a field trip due
to the parent's inability or refusal to pay the charge. Adverse
action shall not be taken against a parent for that inability or
refusal.
Each contractor or provider shall establish a payment system that
prevents the identification of children based on whether or not their
parents have paid a field trip charge.
Expenses incurred and income received for field trips pursuant to
this section shall be reported to the department. The income received
for field trips shall be reported specifically as restricted income.
(i) The Superintendent shall establish guidelines for the
collection of employer-sponsored child care benefit payments from a
parent whose child receives subsidized child care and development
services. These guidelines shall provide for the collection of the
full amount of the benefit payment, but not to exceed the actual cost
of child care and development services provided, notwithstanding the
applicable fee based on the fee schedule.
(j) The Superintendent shall establish guidelines according to
which the director or a duly authorized representative of the child
care and development program will certify children as eligible for
state reimbursement pursuant to this section.
(k) Public funds shall not be paid directly or indirectly to an
agency that does not pay at least the minimum wage to each of its
employees.
SEC. 7. SEC. 5. Section 8301 of the
Education Code is amended to read:
8301. (a) The advisory committee shall develop the policy and
implementation plan for an Early Learning Quality Improvement System
for the state and shall submit, to the Legislature and the Governor,
an interim report by December 31, 2009, and a final report by
December 31, 2010, containing its recommendations for the creation of
an Early Learning Quality Improvement System. The report shall
address, but need not be limited to, the following four elements of a
quality improvement system:
(1) An assessment and analysis of the existing early care and
education infrastructure, including other state and local early
learning quality improvement systems. The assessment shall identify
and review existing quality rating systems in use and determine the
features of those systems that are most effective in determining and
improving quality.
(2) The development of an early learning quality rating scale for
child development and care programs, including preschool, that serve
children from birth to five years of age, inclusive, including
preschool age children, infants, and toddlers. The early learning
quality rating scale shall reflect features of quality rating systems
that most directly contribute to high-quality care, as identified in
the assessment pursuant to paragraph (1). The advisory committee
shall consider consumer awareness so that parents receive accurate
information about the type of program in which their children are
enrolled. The advisory committee also may consider, but need not be
limited to, the following features of high-quality programs:
(A) Developmentally, linguistically, and culturally appropriate
practices.
(B) Staff qualifications and professional development and
education needs.
(C) Staff compensation and retention.
(D) Group size and ratios.
(E) Learning environment.
(F) Statutory and regulatory compliance, including provisions of
Title 5 and Title 22 of the California Code of Regulations relating
to child care and development.
(G) Articulation within systems of care for children from birth to
five years of age, and with the K-12 public school system.
(H) The inclusion of children with exceptional needs and children
with disabilities.
(I) English learner support.
(J) Family involvement.
(K) Comprehensive health and development screenings using standard
tools.
(L) Data collection and methods to support continuous quality
improvement.
(M) Program management and leadership.
(N) Availability and adequacy of services
high-quality child care and development programs for children
from birth to five years of age who are in the foster care
system, at risk of abuse, neglect, or exploitation, in relative care
or reunification , formerly in the foster care
system and recently adopted, homeless, or who have a custodial
parent in the foster care system, on probation, on parole,
or in a correctional or residential treatment facility.
(3) The development of a funding model aligned with the quality
rating scale for child care and development programs that serve
children from birth to five years of age, inclusive, including
preschool.
(4) The advisory committee shall consider and make recommendations
on how local, state, federal, and private resources, including
resources available pursuant to the California Children and Families
Act of 1998 (Division 108 (commencing with Section 130100) of the
Health and Safety Code), can best be utilized to complement a
statewide funding model as part of a comprehensive effort to improve
the child care and development system of the state, including
preschool.
(b) The advisory committee shall meet no less frequently than each
quarter per year, at the call of the chairperson, at a time and
location convenient to the public, as the chairperson deems
appropriate. All meetings shall be open to the public in accordance
with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2 of the Government Code. Once a draft report
of the final report is complete, the advisory committee shall
conduct no less than four public hearings in different parts of the
state to ensure that the advisory committee obtains meaningful public
input prior to submitting its report to the Governor and the
Legislature.
SEC. 8. SEC. 6. Section 8499.5 of
the Education Code is amended to read:
8499.5. (a) The department shall allocate child care funding
pursuant to Chapter 2 (commencing with Section 8200) based on the
amount of state and federal funding that is available.
(b) By May 30 of each year, upon approval by the county board of
supervisors and the county superintendent of schools, each local
planning council shall submit to the department the local priorities
it has identified that reflect all child care needs in the county. To
accomplish this, each local planning council shall do all of the
following:
(1) Conduct an assessment of child care needs in the county no
less than once every five years. The department shall define and
prescribe data elements to be included in the needs assessment and
shall specify the format for the data reporting. The needs assessment
also shall include all factors deemed appropriate by the local
planning council in order to obtain an accurate picture of the
comprehensive child care needs in the county. The factors include,
but are not limited to, all of the following:
(A) The needs of families eligible for subsidized child care.
(B) The needs of families not eligible for subsidized child care.
(C) The waiting lists for programs funded by the department and
the State Department of Social Services.
(D) The need for child care for children determined by the child
protective services agency to be neglected, abused, or exploited, or
at risk of being neglected, abused, or exploited, or for
income-eligible children from birth to five years of age who
are in relative care or reunification , formerly in the
foster care system and recently adopted, homeless, or who
have a custodial parent in the foster care system, on
probation, on parole, or in a correctional or residential treatment
facility.
(E) The number of children in families receiving public
assistance, including food stamps, housing support, and Medi-Cal, and
assistance from the Healthy Families Program and the Temporary
Assistance to Needy Families (TANF) program.
(F) Family income among families with preschool or schoolage
children.
(G) The number of children in migrant agricultural families who
move from place to place for work or who are currently dependent for
their income on agricultural employment in accordance with
subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of,
Section 8231.
(H) The number of children who have been determined by a regional
center to require services pursuant to an individualized family
service plan, or by a local educational agency to require services
pursuant to an individualized education program or an individualized
family service plan.
(I) The number of children in the county by primary language
spoken pursuant to the department's language survey.
(J) Special needs based on geographic considerations, including
rural areas.
(K) The number of children needing child care services by age
cohort.
(2) Document information gathered during the needs assessment
which shall include, but need not be limited to, data on supply,
demand, cost, and market rates for each category of child care in the
county.
(3) Encourage public input in the development of the priorities.
Opportunities for public input shall include at least one public
hearing during which members of the public can comment on the
proposed priorities.
(4) Prepare a comprehensive countywide child care plan designed to
mobilize public and private resources to address identified needs.
(5) Conduct a periodic review of child care programs funded by the
department and the State Department of Social Services to determine
if identified priorities are being met.
(6) Collaborate with subsidized and nonsubsidized child care
providers, county welfare departments, human service agencies,
regional centers, job training programs, employers, integrated child
and family service councils, local and state children and families
commissions, parent organizations, early start family resource
centers, family empowerment centers on disability, local child care
resource and referral programs, and other interested parties to
foster partnerships designed to meet local child care needs.
(7) Design a system to consolidate local child care waiting lists,
if a centralized eligibility list is not already in existence.
(8) Coordinate part-day programs, including state preschool and
Head Start, with other child care and development services to provide
full-day child care.
(9) Submit the results of the needs assessment and the local
priorities identified by the local planning council to the board of
supervisors and the county superintendent of schools for approval
before submitting them to the department.
(10) Identify at least one, but not more than two, members to
serve as part of the department team that reviews and scores
proposals for the provision of services funded through contracts with
the department. Local planning council representatives shall not
review and score proposals from the geographic area covered by their
own local planning council. The department shall notify each local
planning council whenever this opportunity is available.
(c) The department, in conjunction with the State Department of
Social Services and all appropriate statewide agencies and
associations, shall develop guidelines for use by local planning
councils to assist them in conducting needs assessments that are
reliable and accurate. The guidelines shall include acceptable
sources of demographic and child care data, and methodologies for
assessing child care supply and demand.
(d) The department shall allocate funding within each county in
accordance with the priorities identified by the local planning
council of that county and submitted to the department pursuant to
this section, unless the priorities do not meet the requirements of
state or federal law.
SEC. 9. SEC. 7. Section 8499.11 is
added to the Education Code, to read:
8499.11. It is the intent of the Legislature that when Head Start
programs determine local priorities, they seriously
consider giving first priority for open slots to children from birth
to five years of age who meet the following criteria:
(a) Are in the foster system.
(b) Are at risk of abuse, neglect, or exploitation.
(c) Are in relative care.
(d) Were in the foster care system and have recently been adopted.
(e) Are homeless.
(f) Have a
custodial parent in the foster system, on probation, on parole, or in
a correctional or residential treatment facility. and
early Head Start programs perform community needs assessments and
determine local priorities, they seriously consider the needs of
hidden populations and giving open slots to income-eligible children
who are in the foster care system, are at risk of being abused,
neglected, or exploited, are in relative care or reunification, were
in the foster care system and recently adopted, are homeless, or have
a custodial parent in the foster care system, on probation, on
parole, or in a correctional or residential treatment facility.
SEC. 10. SEC. 8. Section 79121 of the
Education Code is amended to read:
79121. (a) Notwithstanding any other provision of law, a child
under two years of age whose parent is a student, or whose parents
are students, may attend child development centers consistent with
the priorities established pursuant to law.
(b) Children of students attending school at a particular campus
shall have first priority for attendance at a child development
center at that campus.
(c) Student families, as described in Section 8263, shall pay fees
according to the fee schedule established by the Superintendent
pursuant to that section.
(d) Highest priority shall be given to student families with the
greatest income deficit, and lowest priority to student families with
the greatest income.
(e) For the purposes of assigning eligibility priority, applicant
student families shall be grouped according to the amount of their
income in one-hundred-dollar ($100) monthly increments. All student
families within a particular income range shall be treated as if
their incomes were the same, and priority for eligibility within each
particular income range shall be assigned on the following basis:
(1) Single-parent student families.
(2) Two-parent families, where both parents are students or where
one parent is a student and the other is working.
(f) Student families who are recipients of public assistance shall
be subject to the same assignment of priority as other student
families whose incomes fall in the same income range.
SEC. 11. SEC. 9. Section 401 of the
Welfare and Institutions Code is amended to read:
401. The program shall utilize educational advocates to assist
children in foster care through the educational system. To the extent
possible, an advocate shall reflect the same racial or ethnic
identification as the pupil being assisted. The educational advocates
shall be required to comply with all statutory and regulatory
provisions regarding standards of confidentiality that are applicable
to children of schoolage who have been placed in foster care. The
responsibilities of an advocate shall include at least the following
duties:
(a) Facilitating the school enrollment of pupils in foster care,
including enrollment in school or a program operated by a licensed
child care provider or local educational agency.
(b) Locating a pupil's transcripts, immunization and school health
records, individual education plans, and having these documents sent
to the school to which the child is applying for enrollment, and to
the department so that the information can be included in the child's
health and education passport.
(c) Educating foster parents regarding how to enroll the pupil in
school and what educational services are available.
SEC. 12. SEC. 10. Section 16001.9 of
the Welfare and Institutions Code is amended to read:
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in any room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend high-quality child care and development programs
and schools, and participate in extracurricular, cultural, and
personal enrichment activities, consistent with the child's age and
developmental level.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of changes
to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To confidentiality of all juvenile court records consistent
with existing law.
(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(24) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (24) of subdivision (a).