BILL ANALYSIS �
AB 1872
Page 1
Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 1872 (Alejo) - As Amended: March 28, 2012
SUBJECT : Family day care homes: nutrition
SUMMARY : Establishes nutrition standards for family day care
homes. Specifically, this bill :
1)States legislative findings and declarations as follows:
a) Nearly 25% of children between 2 and 5 years of age in
California are overweight or obese and at risk of
developing chronic diseases that contribute to escalating
health costs.
b) Research demonstrates that:
i) Taste preferences and lifelong nutrition habits are
formed in early childhood; and,
ii) The nutritional environment in child care facilities
could be improved by encouraging appropriate portion size
and a nutritionally balanced diet.
c) Recent changes to improve school nutrition should be
complemented with changes to the nutritional environment in
child care facilities.
d) More than 50% of nearly 50,000 licensed child care
centers and licensed family day care homes in California,
serving more than 500,000 children, do not participate in
the federal Child and Adult Care Food Program (CACFP),
often because child care providers lack information about
this nutrition program.
e) Over 5,000 licensed child care centers and 5,000
licensed family day care homes do not receive available
CACFP reimbursements, at an overall loss in California of
tens of millions of dollars to these programs per year.
f) California has a strong policy and financial interest in
the licensed child care system and the safety of children
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in the system.
2)Requires that, except as provided, a family day care home must
ensure that meals and snacks provided include, at a minimum,
the amount of food and the components that are specified in
the United States Department of Agriculture Child and Adult
Care Food Program (CACFP).
3)Provides that the above CACFP standards do not apply:
a) If the child has a documented medical necessity that
includes the need for "medical food," to the extent
necessary to meet the child's medical needs; or,
b) To meals or snacks provided by a parent or legal
guardian for his or her child at a family day care home.
4)Requires family day care homes, annually, to self-certify to
the Department of Social Services (DSS) whether the licensee
understands the nutrition standards required under this bill
and the home's progress toward compliance.
5)Provides that DSS shall only review the status of compliance
with the requirements of this bill during regularly scheduled,
authorized monitoring inspections, and is not required to
conduct separate and independent visits.
6)Requires that DSS, if it determines a family day care home is
noncompliant with the requirements of this bill to recommend
to the family day care home relevant nutrition information and
training.
7)Requires DSS to inform prospective and current providers about
the CACFP by posting information on its Internet Web site, and
by disseminating information by other means it deems
appropriate, which means may include, but are not limited to,
orientation materials, during regular inspections, and through
written communications to licensees.
8)Provides that provisions under which willful or repeated
violations of the Child Day Care Facilities Act or
implementing rules and regulations constitute a misdemeanor
are not applicable to the provisions of this bill.
EXISTING LAW provides, under the Child Day Care Facilities Act,
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for the licensing and regulation of family day care homes by
DSS, Community Care Licensing Division.
FISCAL EFFECT : Unknown
COMMENTS : According to DSS statistics, as of March 6, 2012,
there are approximately 34,184 family day care homes in
California, with a capacity to serve 341,774 children.
In stating the need for this bill, the author says:
Nearly 25% of children under the age of five are
overweight or obese. These children have a higher
risk of developing chronic diseases like diabetes and
heart disease. In California 37% of the children are
enrolled in child care centers and thousands more
spend time in family day care homes. The child care
environment represents a great opportunity to promote
healthy eating and an arena to battle the obesity
epidemic. This bill would be a step forward in our
state's effort to improve the nutrition quality of
meals served in the child care setting. Additionally,
this bill would provide an opportunity for family day
care homes to get healthy food paid by an existing
federal program.
According to the author:
�M]ore than 50% of the nearly 50,000 licensed child
care centers and homes in California-serving over half
a million kids-don't participate �CACFP], a federal
nutrition program that provides reimbursement for
meals and snacks served that comply with the CACFP
meal pattern. Often, child care providers don't
participate because of the lack of information about
the CACFP program and how to apply.
This bill would require family day care homes, with specified
exceptions, to follow the CACFP standards as a condition of
licensure. It would also require licensing agencies to inform
family day care homes and child care centers about eligibility,
enrollment and reimbursement requirements under CACFP.
The author says that requiring family day care homes to follow
the CACFP meal pattern would not be burdensome. He notes that
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the same requirement has been in force for decades for licensed
child care centers in California. Moreover, the author points
out, other states, including Washington, Oregon, and Arizona,
require family day care homes to serve meals that comply with
the CACFP meal pattern. "Parents should feel confident that
when they place their children in licensed child care-whether in
a center-based or home-based setting-the food served will be
nutritious."
In support of this bill, the Community Child Care Council of
Santa Clara County (4C) notes that currently "no nutrition
standards exist for foods served in licensed family day care
homes in California. By contrast, for decades, licensed child
care centers in California have been required to follow the
CACFP meal pattern." 4C says that "�i]nadequate information
about enrollment and eligibility and misconceptions about CACFP
administrative requirements are documented barriers to child
care providers' enrollment in the program." This bill, 4C says,
"supports the development of healthy taste preferences and
habits at an early age and helps to alleviate adverse health
consequences down the road.
Need for further clarification of enforcement provisions? This
bill requires that family day care homes ensure that provided
meals meet specified nutritional standards. It requires that
DSS review the status of compliance with this bill's
requirements and, if the home is out of compliance, recommend
relevant nutrition information and training. It is unclear,
however, how DSS would evaluate compliance. For example,
because care is provided in family homes, it may not be possible
to determine if the food provided to the children in day care
meets the nutritional standards. Unlike a day care facility,
food provided for the children in a family day care home is not
necessarily distinguishable upon inspection from the food for
the family who reside in the home. The refrigerator in a day
care facility would not be stocked with beer, for example; the
refrigerator in a family day care home, on the other hand, might
be.
Prior legislation : AB 2084 (Brownley), Chapter 593, Statutes of
2010, requires a licensed child day care facility, as of January
1, 2012, to follow specified requirements relating to the
provision of beverages.
RECOMMENDED TECHNICAL AMENDMENTS
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Should this bill be passed by the Committee, the following
technical amendments should be made:
On page 2, lines 16-21, amend (e) as follows:
(e) More than Almost 50 percent of the nearly approximately
50,000 licensed child care centers and licensed family day
care homes in California, which serve more than 500,000
children, do not participate in the federal Child and Adult
Care Food Program (CAFP) often because child care providers
lack adequate information about this nutrition program.
On page 2, line 22 through page 3, line 3, amend (f) as follows:
(f) Child care centers and family day care homes may
receive up to $1,200 per child and $1,100 per child,
respectively, in federal CACFP reimbursements each year,
but over 5,000 licensed child care centers and 5,000 16,000
licensed family day care homes do not receive these much
needed reimbursements. ?
Amend Section 1597.50(f), page 3, line 39 - page 4, line 8, as
follows:
(f) For the purposes of improving nutrition in family day
care homes and child day care facilities generally and
increasing providers' capacity to serve healthy foods, the
department shall inform prospective and current providers
about the CACFP by posting information relating to
eligibility, enrollment, and reimbursement on the
department's Internet Web site, and by disseminating
information by other means deemed appropriate by the
department. ?
Amend Section 1597(g), page 4, lines 9-12, as follows:
(g) Sections 1596.56 1597.56 , 1596.62 1597.62 , and 1596.890
shall not apply to this section. The compliance procedures
described in subdivision (e) shall supersede any other
compliance procedures required by this chapter.
REGISTERED SUPPORT / OPPOSITION :
Support
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American Federation of State, County and Municipal Employees
(AFSCME)
American Heart Association
CA WIC Association
California Food Policy Advocates
California Pan-Ethnic Health Network
Child Care Food Program Roundtable
Children Now
Choices for Children
Community Child Care Council of Santa Clara County (4C)
Del Norte Child Care Council
Family Child Care Council
First 5 Shasta
Imperial County Children and Families First Commission
North Coast Opportunities, Inc.
Options A Child Care and Human Services Agency
Solano Family & Children's Services
The Atkins Center for Weight and Health, UC Berkeley
Valley Oak Children's Services
Opposition
California Right to Life Committee
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089