BILL ANALYSIS �
SB 309
Page 1
Date of Hearing: June 28, 2011
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
SB 309 (Liu) - As Amended: June 16, 2011
SENATE VOTE : 39-0
SUBJECT : Child day care facilities: youth with disabilities
SUMMARY : Allows child day care facilities to serve persons with
developmental disabilities who are age 18 to 22 and are enrolled
in a special education program under specified conditions.
Specifically, this bill :
1)Modifies the definition of "child day care facility" to
include a facility that provides nonmedical care to an
individual with a developmental disability between 18 and 22
years of age if specified conditions are met.
2)Provides an individual with a developmental disability who is
attending a facility with a school-age child care license may
continue to attend after the age of 18 if the following
conditions are met:
a) The individual is enrolled in a special education
program and has an individual education plan or an
individual transition plan;
b) The licensee submits to the Department of Social
Services (DSS) a written request for an exception, together
with substantiating evidence supporting the request; and,
c) DSS provides written approval of the request.
3)Provides that an individual with a developmental disability
who is not attending a school-age child care center upon
turning age 18 may attend the facility after the age of 18 if
the conditions specified in paragraph 2), above, are met and
attending a school-age child care center is specified in the
individual program plan (IPP) developed by a regional center
for people with developmental disabilities.
4)Requires an indoor activity space provided for middle school,
high school, and transition age youth to be physically
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separated from the space provided for younger, school-age
participants.
EXISTING LAW
1)Under the Education Code, establishes eligibility for special
education services for individuals with disabilities who need
specialized educational services to benefit from their
education.
2)Provides that individuals remain eligible for special
education until they graduate or meet proficiency standards,
or until they turn age 22 and for a number of months beyond
depending on the individual's birthday.
3)Under the California Child Day Care Facilities Act (CDCF Act),
defines "child day care facility" as a facility that provides
nonmedical services to children under age 18.
4)By regulation, authorizes DSS to approve written requests for
facility waivers or individual exceptions to child care center
licensing regulations that are supported by substantiating
evidence and are not detrimental to the health and safety of
any child in care. 22 California Code of Regulations (CCR)
Sections 80024; 101175(b).
5)Under the Lanterman Developmental Disabilities Services Act,
establishes 21 regional centers, which contract with the State
Department of Developmental Services to provide case
management services and arrange for, or purchase, services
that meet the needs of individuals with developmental
disabilities pursuant to each individual's IPP.
FISCAL EFFECT : Unknown
COMMENTS : The author points to inconsistencies between the
Education Code and the Health and Safety Code as being the basis
for this bill. Young adults who have not yet completed their
courses of study are eligible for inclusion in special education
programs with minors until they are age 22. On the other hand,
in the world of licensed child day care, 18-year-olds are too
old. The problem comes with care provided to school-aged youth
who need extended day care services before and after their
special education programs.
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The sponsor of this bill, Ability First, has been advised that
its child care license is not valid for adults who are still
attending a special education program. To serve this small
segment of their population, a separate license-for adult day
programs-is required. Having separate licenses raises questions
about whether the two sets of students can be integrated.
The system of licensure for child day care facilities was
established to meet the "unique characteristics and needs of the
children served by child day care facilities." Health & Safety
Code Section 1596.72(c). In enacting the CDCF Act, the
Legislature explicitly stated its intent to establish a
licensing structure for child day care facilities separate from
those facility types administered under the Community Care
Facilities Act, which includes, for example, adult day programs
serving people with developmental disabilities. Thus, it is
significant that this bill, as most recently amended, includes a
mechanism for reviewing requests for exceptions to the age limit
for child day care facilities on a case-by-case basis. A
similar process exists to enable children who have not graduated
from high school to remain in community treatment
facilities-residential programs providing mental health
treatment services to children younger than age 18-after they
turn 18. 9 CCR Section 1924; 22 CCR Section 80024.
Reportedly, until recently, DSS regularly reviewed requests for
individual exceptions to enable special education students with
developmental disabilities to attend child day care facilities.
However, DSS' authority to grant individual exceptions or
facility waivers applies only to regulatory licensing
requirements, not to statutory requirements. Therefore, that
practice was stopped. This bill would authorize DSS to grant
exceptions to the statutory age limit for child day care
facilities under conditions specified in the bill.
It is unlikely that there would be a significant workload impact
on DSS as a result of this bill. DSS reports that there are
only approximately 100 individuals in day care facilities
statewide who were granted exceptions prior to DSS' recent
cessation of that process. A statutory change might be expected
to result in an increase in the number of requests; however,
despite the fact that exceptions are no longer being authorized,
there does not appear to be a significant unmet need for before
or after-school programs for adult special education students
with developmental disabilities. While, for example, many day
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activity programs for adults with developmental disabilities
also end around 3:00 p.m., there are other options available for
students in need of after-school care or supervision. Many
adults with developmental disabilities live in licensed
residential programs or receive supported living services, where
supervision is provided. Others participate in generic
community programs (e.g., a YMCA), often with personal
assistance staff paid for by their regional center pursuant to
the individual's IPP, if necessary. Other options available
pursuant to an individual's regional center IPP could include,
for example, socialization or community integration programs, or
parent-vouchered day care, in which families are provided with
vouchers to purchase in-home day care services. This bill would
simply provide one more potential option.
REGISTERED SUPPORT / OPPOSITION :
Support
AbilityFirst (Sponsor)
Ala Costa Centers
American Federation of State, County and Municipal Employees
(AFSCME)
Bolton & Company
CARS+
Cass and Johansing
Developmental Disabilities Area Board 10
Easter Seals Southern California
Frank D. Lanterman Regional Center
Jay Nolan Community Services
Lawry's Restaurants, Inc.
Lincoln Training Center
New Horizons
PathPoint
STAPLES Center
Therapeutic Living Center for the Blind (TLC)
United Cerebral of Los Angeles, Ventura & Santa Barbara Counties
Valley Village
Villa Esperanza Services
273 Individuals
Opposition
None on file.
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Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089