BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1872 (Alejo) - Child day care facilities: nutrition.
Amended: July 5, 2012 Policy Vote: Human Services 4-2
Urgency: No Mandate: No
Hearing Date: August 6, 2012
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1872 would require, except as provided, a
family day care home to provide meals and snacks that meet
certain federal nutrition standards and would require family day
care homes to keep daily menus of all meals and snacks served.
This bill would require the Department of Social Services (DSS)
to inform prospective and current providers about the nutrition
requirements by posting information on its website, through
outreach materials, and during orientation and inspections of
providers. This bill would require the DSS to take specified
actions with respect to noncompliance, as specified.
Fiscal Impact:
Potential one-time costs of $150,000 (General Fund) for
the DSS to update forms and materials to include the new
nutrition requirements.
Ongoing costs of approximately $40,000 (General Fund) to
the DSS for additional workload to review for compliance at
regularly scheduled inspections.
Ongoing costs of $242,000 (Federal Funds) to the CDE for
two positions to provide outreach, training, and technical
assistance to new sponsors and providers.
Potential increased state reimbursement of approximately
$250,000 (General Fund) for every five percent increase in
participation by FCCH providers in the federal Child and
Adult Care Food Program (CACFP) that provides partial
reimbursement for meals served to children. This estimate
assumes an average of five children served per FCCH. The
associated increase in federal fund reimbursement provided
to FCCHs is estimated at $4.5 million (Federal Funds).
Background: Existing federal law establishes the Child and Adult
Care Food Program which identifies nutritional standards
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following the meal patterns established by the U.S. Department
of Agriculture (USDA) and provides reimbursement for meals and
snacks served in care centers that comply with CACFP meal
standards. The CACFP contributes to the nutritional and economic
safety net for low-income children in family day care homes by
providing up to $1,062 per child per year in federal
reimbursement for participation in the program. Additionally,
family day care homes may receive approximately $0.16 per meal
in state reimbursement for 75 percent of the breakfast and
lunches served to enrolled children.
Under existing regulations, state child care centers are
required to adhere to CACFP nutrition standards as a condition
of licensure and are provided the option to participate in the
reimbursement program. Family child care homes (FCCHs), however,
are not required to adhere to CACFP standards.
According to the DSS, there are approximately 35,000 family day
care homes in California with a capacity to serve about 352,000
children. It is estimated that only 50 percent of FCCHs
currently participate in the CACFP.
Proposed Law: This bill provides that for the purposes of
improving nutrition in child day care facilities and increasing
providers' capacity to serve healthy foods, the DSS is required
to inform prospective and current providers about the USDA CACFP
by posting information relating to eligibility, enrollment, and
reimbursement on its website, as well as disseminating
information through orientation materials, during regular
inspections, and through written communications to licensees.
Specifically, this bill:
Requires that a family day care home shall, at a
minimum, provide the amount of food and the components in
any meals and snacks served that are specified in the USDA
CACFP. The DSS is required to explain the nutritional
requirements on its website, DSS outreach material, and
during the orientation of prospective family day care home
providers.
If the CACFP is amended to include new nutritional
standards, the DSS may inform providers of the updated
standards by provider bulletin or other similar
instruction.
Exempts a FCCH if a child has a medical necessity, as
specified, to the extent necessary to meet the medical
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needs of the child.
Does not apply to meals or snacks provided by a parent
or legal guardian for his or her child at a family day care
home.
Requires FCCHs to keep daily menus available for parents
and guardians to see, of all meals and snacks served.
Requires the DSS to review the status of compliance with
the nutrition standards and provisions herein only during
regularly scheduled, authorized monitoring inspections. If
a FCCH is determined noncompliant with this section, the
DSS is to direct the FCCH to relevant nutrition information
and training opportunities.
Provides that the provisions under which willful or
repeated violations of the Child Day Care Facilities Act
constitute a misdemeanor are not applicable to the
provisions of this bill.
Related Legislation: AB 2084 (Brownley) Chapter 593/2010
requires a licensed child day care facility as of January 1,
2012, to follow specified requirements related to the provision
of beverages.
Staff Comments: The provisions of this bill will increase the
duties of the DSS by requiring the department to inform
prospective and current providers about the CACFP through
information posted on its website, orientation materials, during
regular inspections, and through written communications to
licensees. One-time costs to update forms and materials are
estimated at $150,000 (General Fund).
This bill additionally requires the DSS to review compliance
with the nutrition standards and menu provisions specified in
this bill during regularly scheduled inspections. Based on an
estimated additional five minutes per inspection over 10,500
FCCH inspections conducted annually (assuming a 30 percent
random sample protocol of the 35,000 FCCHs to be inspected
annually) would result in increased workload of approximately
$40,000 (General Fund) per year.
It is estimated that only half of the licensed child care
providers in the state participate in the CACFP. To the extent
the provisions of this bill result in increased participation by
FCCHs in the CACFP, additional federal reimbursement of $1,062
per child per year in federal reimbursements could be received.
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For every five percent increase in participation, or 875 FCCHs
who participate in the CACFP, additional federal reimbursement
of over $4.5 million could be received. The additional state
reimbursement for these meals is estimated to cost $250,000
(General Fund) assuming five children served per FCCH. This
estimate assumes $0.1562 per meal for 75 percent of the
breakfast and lunches served to enrolled children.
To the extent the provisions of this bill increase the number of
new sponsors and day care home providers enrolling in the CACFP,
the Department of Education (CDE) has indicated the provisions
of this bill may require additional staffing at a cost of up to
$242,000 (Federal Funds) on an ongoing basis to conduct outreach
to locate new sponsors in areas where a need is identified, as
well as to respond to added inquiries regarding the CACFP from
providers, sponsors, and potential new participants. The CDE
staff would also provide training and technical assistance for
new sponsors and providers. The CDE has indicated the federal
funds are available but funding authority would be required to
redirect the funds and staff these positions.
Recommended Amendments: Staff recommends a technical amendment
for consistency purposes on page 3 of the bill, line 34, as
follows:
If the department determines that a family day care home is
noncompliant with this section, based on examining the
posted daily menu or observing any meal or snack served during
the monitoring visit, the department shall direct the family day
care home to relevant nutrition information and training
opportunities.