Bill Text: CA SB567 | 2015-2016 | Regular Session | Introduced
Bill Title: Child care programs: continuity of services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB567 Detail]
Download: California-2015-SB567-Introduced.html
BILL NUMBER: SB 567 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
FEBRUARY 26, 2015
An act to amend Section 8263 of the Education Code, relating to
child care.
LEGISLATIVE COUNSEL'S DIGEST
SB 567, as introduced, Liu. Child care programs: continuity of
services.
The Child Care and Development Services Act is enacted for, among
other purposes, the purpose of providing a comprehensive,
coordinated, and cost-effective system of child care and development
services for children from infancy to 13 years of age and their
parents, including a full range of supervision, health, and support
services through full- and part-time programs.
Existing law authorizes a family enrolled in state or federally
funded child care and development program whose services would
otherwise be terminated because the family no longer meets the
program criteria to continue to receive child development services in
another state or a federally funded child care and development
program, as provided.
This bill would require a child to be deemed eligible for the
remainder of the program year subsequent to enrollment in a state or
federally funded child care program.
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. It is the intent of the Legislature to strategically
use state and federal funds to provide a stable, comprehensive, and
adequately funded early learning and educational support system for
children from birth to five years of age that promotes access to
safe, high-quality, part-day and full-day services that support the
development of the whole child, especially for those children who
need it most, that includes, but is not limited to, the following:
(a) Supporting positive parent-child relationships and responsive
caregiving.
(b) Promoting language-rich environments, including at home.
(c) Developmentally appropriate curriculum with differentiated
instruction.
(d) Knowledgeable, caring, and well-trained educators, staff, and
providers.
(e) Program activities and services that are age appropriate and
meet the developmental needs of each child, including special needs
children.
(f) Promotion of healthy practices and activities.
(g) An educationally enriched environment that respects and
supports cultural, linguistic, and ability diversity.
(h) A physical environment that is safe and appropriate to the
ages and developmental needs of the children served.
(i) Provision for nutritional needs and physical activity of
children.
(j) Access for low-income infants, toddlers, and preschoolers to
high-quality early learning and care.
(k) Support services for children and families that include
referral of children to appropriate agencies, including referrals
related to, but not limited to, all of the following:
(1) Health care.
(2) Social services that include, but are not limited to, child
abuse prevention, identification of child and family needs, and
referral to appropriate agencies.
(3) Early childhood mental health services, including primary
prevention, crisis intervention, assessments, and referrals.
(4) Family support, parenting education, and family and community
engagement.
(5) Counseling, including family counseling.
(6) Nutrition services.
(7) Interagency coordination and collaboration among the state
agencies responsible for the provision of support services to
children and their families.
SEC. 2. 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.
(2) A family needs the child care services (A) because the child
is identified by a legal, medical, or 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) 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 federal and state 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. 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.
(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, 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 law, in order to promote continuity
of services, subsequent to enrollment in a state or federally funded
child care program, a child shall be deemed eligible for the
remainder of the program year.
(c)
(d) Notwithstanding any other 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 before 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.
(d)
(e) In order to promote continuity of services, the
Superintendent may extend the 60-working-day period specified in
subdivision (a) of Section 18086.5 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)
(f) A physical examination and evaluation, including
age-appropriate immunization, shall be required before, 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)
(g) 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)
(h) 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.
(h)
(i) 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.
(i)
(j) 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.
