California Senate Bill SB1154 Amended / Bill

 BILL NUMBER: SB 1154AMENDED BILL TEXT AMENDED IN SENATE APRIL 14, 2016 INTRODUCED BY Senator Liu FEBRUARY 18, 2016 An act to amend Sections 8210, 8211, 8212, 8214, 8215, and 8216 of, to add Sections 8212.5, 8215.5, and 8218 to, and to repeal Section 8212.3 of, the Education Code, relating to child care and development services. LEGISLATIVE COUNSEL'S DIGEST SB 1154, as amended, Liu. Child care and development services: resource and referral programs. (1) The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs. Existing law authorizes funds appropriated for purposes of the act to be used for child care resource and referral programs, which may be operated by public or private nonprofit entities and are required to provide certain information and services to parents and child care providers relating to child care services in a defined geographic area. This bill, which would be known as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016, would require a child care resource and referral program to provide specified additional services, including providing training and workshops relating to child care services, providing community resource assistance, and collaborating with and assisting other community agencies in planning, coordinating, and improving child care. The bill would delete provisions authorizing a resource and referral program to provide short-term respite care, as defined. The bill would require a resource and referral program to implement written complaint procedures. The bill would require a resource and referral program to provide basic child care referrals, as defined, at no cost. The bill would require a resource and referral program to include additional information in the documentation a resource and referral program is required to maintain. (2) Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of facilities identified as small family day care homes, with certain exceptions. This bill, in addition, would require a child care resource and referral program to limit the distribution of lists of small family day care homes except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. (3) Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state. This bill would instead establish 2 projects, to be known as the California Child Care Initiative  Project -   Project   --  State Program and the California Child Care Initiative  Project -   Project --  Quality Plan Program, respectively. (4) Existing law requires the State Department of Social Services to establish a trustline registry for purposes of conducting background checks for specified child care service providers and imposes certain responsibilities on child care resource and referral programs in the administration of the trustline registry. This bill would impose additional requirements on resource and referral programs relating to the trustline registry, including reviewing trustline applications for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies and facilitating the trustline Web-based application process. (5) This bill would make other conforming changes and nonsubstantive changes. 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. This act shall be known, and may be cited, as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016. SEC. 2. Section 8210 of the Education Code is amended to read: 8210. Funds appropriated for the purpose of this article shall be used for child care resource and referral programs that may be operated by public or private nonprofit entities. SEC. 3. Section 8211 of the Education Code is amended to read: 8211. It is the intent of the Legislature to appropriate funding each fiscal year for allocation to child care resource and referral programs. SEC. 4. Section 8212 of the Education Code is amended to read: 8212. (a) Child care resource and referral programs are unique in their provision of services to all parents regardless of income and all types of child care providers. For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide all of the following services: (1) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services that shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs. The resource file shall include, but not be limited to, all of the following information: (A) Type of program. (B) Hours of service. (C) Ages of children served. (D) Fees and eligibility for services. (E) Significant program information. (2) (A) (i) Establishment of a referral process that is described in writing and is available to  parents   parents, providers,  and  potential  providers upon request, that responds to parental need for information to make the most informed child care choice for the family. Referrals shall be available to all persons requesting the information regardless of income level or other eligibility requirements. A child care resource and referral program shall limit the distribution of lists of small family day care homes as required pursuant to Section 1596.86 of the Health and Safety Code except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. Referrals shall be provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities, and may make referrals to programs that are legally exempt from licensing. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of contracted operation. Every effort shall be made to make child care referrals accessible to all parents within the defined geographic area by using methods including, but not limited to, any of the following: (I) Toll-free telephone lines. (II) Email and other appropriate technology. (III) Office space convenient to parents and providers. (IV) Referrals in languages that are spoken in the community. (ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods. (B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. (ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i): "State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files." (3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs: (i) Number of calls and contacts to the child care resource and referral program or component. (ii) Ages of children served. (iii) Time category of child care request for each child. (iv) Special time category, such as nights, weekends, and swing shift. (v) Reason that the child care is needed. (vi) Requests for other child care information. (vii) Child care supply information, including the number of licensed child care programs, and, if available, the number of license-exempt child care providers. (B) This information shall be maintained in a manner that is easily accessible for dissemination purposes. (4) Provision of technical assistance to existing and potential providers of all types of child care services to improve access to, increase the supply of, and improve the quality of child care available in every community in California. This assistance shall include, but not be limited to, all of the following: (A) Providing information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources. (B) Providing information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community. (C) Providing training and workshops on health and safety, child development, special needs, and other topics related to professional development. (D) Disseminating information on current public issues affecting the local and state delivery of child care services. (E) Facilitating communication between existing child care and child-related services providers in the community served. (F) Providing information about community resources, child care statistics, and opening a child care business to parents, child care providers, community organizations, and government entities. (G) Collaborating with community partners to increase awareness of child care issues. (H) Assisting community and public agencies in planning, coordinating, and improving child care in the defined geographic area. (I) Partnering with local county welfare agencies in meeting the child care needs of CalWORKs families. (J) Facilitating efforts to expand child care services in the local community based on demonstrated demand for services. (b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources. (c) (1) A program operating pursuant to this article shall, within two business days of receiving notice from the State Department of Social Services Community Care Licensing Division, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the program's referral list. (2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the program's jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation. SEC. 5. Section 8212.3 of the Education Code is repealed. SEC. 6. Section 8212.5 is added to the Education Code, to read: 8212.5. A child care resource and referral program shall develop and implement written complaint procedures that include all of the following: (a) Procedures for documenting and resolving complaints. (b) Procedures for referring reports of licensing violations to appropriate agencies. (c) Procedures for removing and reinstating a child care provider from referral files. SEC. 7. Section 8214 of the Education Code is amended to read: 8214. Basic child care referrals shall be provided at no cost to all persons requesting services, regardless of income level or other eligibility criteria. A basic child care referral shall include the names and telephone numbers of child care providers that meet the requested need of the parent or guardian seeking referrals in addition to the information and services described in Section 8216. A fee may be charged for an enhanced referral that includes information in addition to basic child care referral information. In addition to the services prescribed by this section, a child care resource and referral program may provide a wide variety of other parent and provider support and educational services. Services, including training, technical assistance, and other appropriate support that improves the quality of child care available in the community, may be provided for all types of child care providers, depending on the available funding for the services. SEC. 8. Section 8215 of the Education Code is amended to read: 8215. (a) There are hereby established two projects, known as the California Child Care Initiative  Project -   Project --  State Program and the California Child Care Initiative  Project -   Project --  Quality Plan Program, respectively.  It is the intent of the Legislature to promote and foster the California Child Care Initiative Project - State Program in cooperation with private corporations and local governments.  The objective of both projects is to increase the availability of quality child care in the state. (b) For purposes of this section,  the  California Child Care Initiative  Project   Projects  means  a project   projects  to clarify the role and functions of resource and referral programs in activities, including needs assessment, recruitment and screening of providers, technical assistance, and staff development and training, in order to aid communities to increase the number of child care spaces available and improve the quality of child care services offered. (c)  It is the intent of the Legislature to promote and foster the California Child Care Initiative Project -- State Program in cooperation with private corporations and local governments.  The Superintendent shall allocate all state funds appropriated for the California Child Care Initiative  Project -   Project   --  State Program and shall ensure that each dollar of state funds allocated pursuant to this subdivision is matched by two dollars ($2) statewide from other sources, including private corporations, the federal government, or local governments. SEC. 9. Section 8215.5 is added to the Education Code, to read: 8215.5. Child care resource and referral programs shall provide a range of professional development services to all types of child care providers, including, but not limited to, license-exempt child care providers, licensed family day care homes, and center-based child care and development programs, to support the development of new child care services and to improve the quality of services available in the state. SEC. 10. Section 8216 of the Education Code is amended to read: 8216. (a) A child care resource and referral program shall maximize parental choice and supports for parents in locating child care resources in their community by doing all of the following: (1) Provide information regarding how to select child care services that meet the needs of the parent and child. (2) Provide a range of possible child care alternatives from which a parent may choose. (3) Provide information on licensing requirements and procedures. (4) Provide information on available child care subsidies and eligibility requirements. (b) When making referrals, an agency operating both a direct service program and a resource and referral program shall provide at least four referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control. If there are fewer than four providers that meet the request of the parent, a resource and referral program shall provide all of the referrals that meet the parent's request. SEC. 11. Section 8218 is added to the Education Code, to read: 8218. (a) A child care resource and referral program shall implement the trustline registry program for license-exempt child care providers pursuant to Section 1596.655 of the Health and Safety Code. (b) In addition to the responsibilities specified in Section 1596.655 of the Health and Safety Code, a child care resource and referral program shall do both of the following: (1) Review trustline applications for completeness and forward the necessary application information to the State Department of Social Services for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies. (2) Cooperate with the California Child Care Resource and Referral Network to facilitate the use of the trustline Web-based application process.