BILL ANALYSIS �
AB 1872
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CONCURRENCE IN SENATE AMENDMENTS
AB 1872 (Alejo)
As Amended August 22, 2012
Majority vote
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|ASSEMBLY: |52-25|(May 30, 2012) |SENATE: |23-13|(August 28, |
| | | | | |2012) |
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Original Committee Reference: HUM. S.
SUMMARY : Amends nutrition standards for family day care homes.
Specifically, this bill :
1)Requires the Department of Social Services (DSS), for the
purpose of improving the provision of nutrition in child care
facilities and benefitting current and prospective child care
providers, to post on its Internet Web site information about
the United States Department of Agriculture's Child and Adult
Care Food Program (CACFP).
2)Requires, except as provided, a family day care home to ensure
that meals and snacks provided include, at a minimum, the
amount of food and the components that are specified in CACFP.
3)Requires DSS to explain, and update as needed, these
nutritional requirements on its Internet Web site, in
department outreach material, and during the orientation of
prospective family day care home providers.
4)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.
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.
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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)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.
The Senate amendments :
1)Delete the requirement that a family day care home comply with
CACFP as a condition of licensure.
2)Delete the requirement that the family day care home post each
food item on its weekly menu and retain each weekly menu for
no less than six months.
3)Clarify that DSS may utilize the daily menu or observe a meal
or snack time for purposes of conducting a monitoring visit.
4)Clarify` that compliance with this measure would not supersede
other compliance procedures as required by the Child Day Care
Facilities Act.
EXISTING LAW provides, under the Child Day Care Facilities Act,
for the licensing and regulation of family day care homes by
DSS, Community Care Licensing Division.
AS PASSED BY THE ASSEMBLY , additionally required family child
care homes, as a condition of licensure, to provide meals and
snacks that met CACFP food standards. Also required family
child care homes to post weekly menus and to retain menus for up
to six months.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Potential one-time costs of $150,000 (General Fund) for the
DSS to update forms and materials to include the new nutrition
requirements.
2)Ongoing costs of approximately $40,000 (General Fund) to the
DSS for additional workload to review for compliance at
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regularly scheduled inspections.
3)Ongoing costs of $242,000 (Federal Funds) to the California
Department of Education (CDE) for two positions to provide
outreach, training, and technical assistance to new sponsors
and providers.
4)Potential increased federal fund reimbursement of
approximately $4.5 million for every 5% increase in
participation by FCCH providers in the federal CACFP that
provides partial reimbursement for meals served to children.
Associated ongoing increase in state reimbursement of $250,000
(General) per year to the extent state funds are appropriated
for meal reimbursement to family day care homes in years
subsequent to 2012-13.
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.
Purpose . Current regulations require child care centers to
follow the CACFP meal pattern as a condition of licensure. This
means that all foods served in the licensed centers must draw
from the basic food groups (i.e., milk, fruits/vegetables,
grains/breads, and meat/meat alternatives). However, family day
care homes are not required to follow the CACFP meal pattern or
any other nutrition standards for meals and snacks served. This
bill would treat family child care homes the same as child care
centers by requiring them to follow the CACFP as a condition of
licensure.
Background . Under the state Child Day Care Facilities Act,
child day care centers are required to provide safe and healthy
environments for children. Generally, these facilities must
comply with state mandated licensure requirements in the
following areas: fire clearance, capacity determination,
teacher to child ratio, indoor/outdoor space requirements,
staffing for water activities, administrator qualifications,
director qualifications, teacher and teacher aide
qualifications, and food service. There are currently 15,075
licensed center-based sites and 34,640 licensed family child
care homes in California, with capacity for 1.1 million children
from birth to 12 years of age. Generally, these licensed
facilities are inspected by DSS' community care licensing
division (CCLD) once every five years, barring complaints or
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annual inspection requirements attached to certain types of
federal funding.
By establishing nutritional standards as a condition of
licensure and as a condition for receipt of increase of CACFP
funds, the author believes this bill will put into practice good
eating habits that will decrease the likelihood of childhood
obesity and prevent adverse health conditions.
The USDA Child and Adult Care Food Program . CACFP is a federal
program that provides reimbursement for healthful meals and
snacks served to children and adults. CACFP facilities follow
the meal patterns established by the U.S. Department of
Agriculture (USDA):
1)Breakfast requires a serving of milk, fruit or vegetable and
bread or grain product.
2)Lunch and dinner consist of milk, bread or grain product, meat
or meat alternate, and two different servings of fruits and/or
vegetables.
3)Snacks include servings of milk, fruits or vegetables, bread
or grain product, or meat or meat alternate.
The federal government will reimburse providers who participate
in the CACFP. The current reimbursement rate for child care
homes is $1.24 per child for breakfast, $2.32 for lunch, and
$0.69 for snacks for fully subsidized children. Currently, the
state supplements the federal reimbursement for CACFP with
approximately 16 cents per meal for 75% of the meals served.
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.
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Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0005536