California Senate Bill SB192 Introduced / Bill

 BILL NUMBER: SB 192INTRODUCED BILL TEXT INTRODUCED BY Senator Liu FEBRUARY 7, 2013 An act to amend Sections 8202, 8214, 8220.5, and 8352 of the Education Code, relating to child care. LEGISLATIVE COUNSEL'S DIGEST SB 192, as introduced, Liu. Child care: early learning and school support resources. The Child Care and Development Services Act (act), administered by the State Department of Education, provides that children from infancy to 13 years of age and their parents are eligible, with certain requirements, for child care and development services. The act declares the intent of the Legislature that all families have accesses to child care and development services through resource and referral programs, as specified. This bill would additionally declare the intent of the Legislature that all children in California have access to high-quality early learning and education support programs so that they thrive in their early learning settings and succeed throughout kindergarten and grades 1 to 12, inclusive, as specified. The act provides that child care resource and referral services shall be provided to all persons requesting services and to all types of child care providers, regardless of income level or other eligibility criteria. The act provides for child care alternative payment programs, the purpose of which is to provide for parental choice in child care, and requires those programs to provide support services to families, including information to parents to assist them in making informed choices. Existing law also requires that child care be provided in 3 stages to recipients of benefits under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. The first stage of child care begins upon the entry of a person into the CalWORKs program. The 2nd stage of child care begins when a county determines that the work or approved work activity of the recipient is stable or when a recipient is making the transition off of aid and child care. The 3rd stage of child care, which is administered by programs contracting with the department, begins when a funded child care space becomes available for the child or children of the eligible CalWORKs recipient. This bill would require child care resource and referral programs to provide information about certain child care services available when a family is determined eligible for child care and development services or recertified as eligible for those services under the alternative payment program or stages 2 or 3 of the CalWORKs program. The bill would require child care resource and referral agencies to give priority to providing information about safe, caring, and age-appropriate early learning and school support environments for children as well as environments that support the parents' work activity. The bill would require the department to develop and certify a list of high-quality early learning and school support resources and to post the list on its Internet Web site. The bill would provide that in providing information about child care, child care resource and referral agencies may use resources from the department's certified list or local resources, as specified. 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. Section 8202 of the Education Code is amended to read: 8202. It is the intent of the Legislature that:  (a) All children in California have access to high-quality early learning and education support programs so that they thrive in their early learning settings and succeed throughout kindergarten and grades 1 to 12, inclusive. It is further the intent of the Legislature that this be accomplished through the creation of a comprehensive early learning and school support system for children from birth through third grade that will promote both of the following:   (1) Access to safe, high-quality programs.   (2) Comprehensive support for the development of the whole child, including healthy physical, cognitive, social, and emotional growth and development.   (a)   (b)  All families have access to child care and development services, through resource and referral services, where appropriate, regardless of ethnic status, cultural background, or special needs. It is further the intent that subsidized child care and development services be provided to persons meeting the eligibility criteria established under this chapter to the extent funding is made available by the Legislature and Congress.  (b) The healthy physical, cognitive, social, and emotional growth and development of children be supported.  (c) Families achieve and maintain their personal, social, economic, and emotional stability through an opportunity to attain financial stability through employment, while maximizing growth and development of their children, and enhancing their parenting skills through participation in child care and development programs. (d) Community-level coordination in support of child care and development services be encouraged. (e) Families have a choice of programs that allow for maximum involvement in planning, implementation, operation, and evaluation of child care and development programs. (f) Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety of child care programs, including, but not limited to, their right to inspect child care licensing files. (g) Planning for expansion of child care and development programs be based on ongoing local needs assessments. (h) The Superintendent  of Public Instruction  , in providing funding to child care and development agencies, promote a range of services  which   that  will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following: (1) Programs located in centers, family day care homes, or in the child's own home. (2) Services provided part-day, full-day, and during nonstandard hours including weekend care, night and shift care, before and after school care, and care during holidays and vacation. (3) Child care services provided for infants, preschool, and schoolage children. (i) The Superintendent  of Public Instruction  be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this chapter. SEC. 2. Section 8214 of the Education Code is amended to read: 8214.  (a)    Child care resources and referral shall be provided to all persons requesting services and to all types of child care providers, regardless of income level or other eligibility criteria. In addition to the services prescribed by this section, child care resource and referral may provide a wide variety of parent and provider support and educational services.  (b) The information provided to parents pursuant to subdivision (a) of Section 8220.5 shall be provided to all families determined eligible for and receiving services through the alternative payment programs established pursuant to Article 3 (commencing with Section 8220) and to all parents eligible for and receiving services through the CalWORKs stage 2 and stage 3 programs pursuant to Article 15.5 (commencing with Section 8350). These services shall be provided at the time the family is determined eligible for child care services and at recertification of eligibility so that parents may make informed choices about child care services available. Priority shall be given to providing information about child care services that offer a safe, caring, and age-appropriate early learning and school support environment for children as well as an environment that supports the parents' work activity. When providing information to parents about high-quality early learning and school support options, child care resource and referral agencies may use resources from the certified list posted on the department's Internet Web site required by subdivision (c) or may develop local resources that shall include, but are not limited to, the following:   (1) Licensing and trustline requirements for centers, family homes, and homes exempt from licensure.   (2) Caretaker-child interactions.   (3) Caretaker experience with young children.   (4) Environments that support the healthy development of young children.   (5) Daily or regular schedules, routines, and policies.   (6) Information on quality rating and improvement systems, where available.   (c) The department shall develop and certify a list of high-quality early learning and school support resources to provide parents with information about high-quality options for child care. The list of certified resources shall be posted and maintained on the department's Internet Web site.   (d) The department shall make the resources described in subdivision (c) available to both resource and referral programs and alternative payment programs.  SEC. 3. Section 8220.5 of the Education Code is amended to read: 8220.5. To offer maximum support for parents and providers, alternative payment programs shall have access to resource and referral services. Funding shall be adequate to purchase care at the fee charged the private client for the same service as well as to provide locally designed support services for parents and providers.  In communities where there are no resource and referral agencies, alternative   Alternative  payment programs shall  , in collaboration with the resource and referral agencies in the county,  provide the following support services: (a)  Information   (1)     At the time the family is determined eligible for child care services and at recertification of eligibility, provide information  for parents to assist them in making informed choices  about the available types of care that offer a safe, caring, and age-appropriate early learning and school support environment for children as well as an environment that supports the parents' work activities, including, but not limited to, information about high-quality early learning and school support resources   identified pursuant to subdivision (b) of Section 8214  .  (2) Where available, provide information on quality rating and improvement systems.  (b) Professional and technical assistance and information for providers. (c) Parenting information. SEC. 4. Section 8352 of the Education Code is amended to read: 8352. (a) As soon as appropriate, a county welfare department shall refer families needing child care services to the local child care resource and referral program funded pursuant to Article 2 (commencing with Section 8210). Resource and referral program staff shall colocate with a county welfare department's case management offices for aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any successor program, or arrange other means of swift communication with parents and case managers of this aid. The local child care resource and referral program shall assist families to establish stable child care arrangements as soon as possible. These child care arrangements may include licensed and license-exempt care.  (b) In providing the support services required by Section 8220.5, the resource and referral agencies in the county shall provide information regarding high-quality early learning and school support resources identified pursuant to subdivision (b) of Section 8214. Where available, that information shall include information on quality rating and improvement systems.   (b)   (c)    A program operating pursuant to this article shall, within two business days of being notified of a revocation or a temporary suspension order for a licensed child day care facility, do both of the following: (1) Terminate payment to the facility. (2) Notify each parent and the facility in writing that payment has been terminated and the reason for the termination.  (c)   (d)  A program operating pursuant to this article shall, upon being notified that a licensed child care facility has been placed on probation, provide written notice to each parent utilizing the facility that the facility has been placed on probation and that the parent has the option of selecting a different child day care provider or remaining with the facility without risk of subsidy payments to the provider being terminated. The Legislature urges each agency operating pursuant to this section to provide the written notice required by this subdivision in the primary language of the parent, to the extent feasible.