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Legislative Update!

 
 
Child Care and Development Legislation (As of March 1, 2006)
 
AB 172 (Chan) Universal preschool.
Status: 06/15/2005-Referred to Com. on ED.
Location: Senate ED
Summary:
Existing law, the Child Care and Developmental Services Act, establishes various full- and part-time programs for a comprehensive, coordinated, and cost-effective system of developmental services for children to age 14 and their parents. Other existing law, the Kindergarten Readiness Pilot Program, permits, until January 1, 2011, school districts to participate in the program to provide kindergarten preparedness opportunities to increase a child's readiness for school. Existing law requires the Superintendent of Public Instruction to administer state preschool programs including part-time day and preschool appropriate programs for pre-kindergarten children 3 to 5 years of age. This bill would make certain findings and state the intent of the Legislature with regard to universal preschool. The bill would require the Superintendent of Public Instruction to report to the Legislature by January 1, 2007, on state preschool programs, with certain requirements. Generally, this bill will implement Prop. 82 if it passes in June.

AB 368 (Evans) CalWORKs.

Status: 06/09/2005-Referred to Com. on HUMAN S.
Location: Senate HUM. Services
Summary:
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) program, state, and county funds. This bill would, in conformance with federal TANF requirements, require the department and counties to provide various welfare-to-work services and child care services, maintain a safety net for children, encourage and assist family stability and unity, and assist and serve eligible legal aliens. This bill contains other related provisions and other existing laws.

AB 507 (Duacher) Trustline registry: Health studios.
Status: Com. on PUB. S. Held under submission.
Reconsideration granted.
Location: Senate PUB. S.
Summary:
Existing law authorizes a child care provider, as defined, and any person providing in-home educational or counseling services to a minor who possesses any one of 4 identification cards to initiate a background examination process by submitting 2 sets of fingerprints and a completed trustline application to the Department of Justice. Existing law requires the State Department of Social Services to establish a trustline registry and, upon submission of the trustline application and fingerprints, to enter into the trustline registry the provider's name and other specified information. The bill would require that a person under 18 years of age whose regular duties are to care for children as an employee or volunteer within the health studio's child day care center be supervised by a person who is 18 years of age or older for whom the health studio has obtained state and federal summary criminal history information and requested subsequent arrest notification. This bill contains other related provisions and other existing laws.

AB 633 (Benoit) Child day care facilities: licensing.
Status: 02/02/2006-Referred to Com. on HUMAN S.
Location: Senate HUM. Services
Summary:
The California Child Day Care Facilities Act provides for the licensing and regulation of child day care facilities, including day care centers, by the State Department of Social Services. The act makes it a misdemeanor to willfully or repeatedly violate certain provisions or certain rules or regulations. This bill would require each licensed child day care facility to make accessible to the public a copy of any licensing report or other public licensing document pertaining to the facility that documents a facility visit, a substantiated complaint investigation, a conference with a local licensing agency management representative and the licensee in which issues of noncompliance are discussed, or a copy of an accusation indicating the department's intent to revoke the facility's license. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 1095 (Mullin) Child care: center-based programs: schedule: staff training.
Status: 01/19/2006-In committee: Set, first hearing. Held under submission.
Location: Senate APPR. SUSPENSE FILE
Summary:
Under the Child Care and Development Services Act, administered by the Superintendent of Public Instruction, children up to 13 years of age are eligible, with certain requirements, for child care and development services, including supervision, health, and support services, through full- and part-time programs provided by public or private entities or agencies through local contractual agreements with the Superintendent. This bill would provide for one professional development day for child care centers, require the Superintendent to establish guidelines for center-based programs to provide enrolled families with a schedule of days the center will be open and closed for operation, and would require center-based programs to provide to parents the schedule and notice of any changes, as specified. This bill contains other related provisions and other existing laws. (Urgency bill)

AB 1144 (Harman) Playground safety standards.

Status: 09/06/2005-To inactive file on motion of Senator Romero.
Location: Senate INACTIVE FILE Summary:
Existing law requires the State Department of Health Services, in consultation with specified other agencies and entities, to adopt regulations for the design, installation, maintenance, inspection, supervision where appropriate, and training of personnel involved in the design, installation, and maintenance, of playgrounds either operated by public agencies or operated by any entity where the playground is open to the public. This bill would require the state department to adopt and amend, as necessary, its playground safety standards in order to meet current ASTM (American Society for Testing and Materials) standards for playground safety and other specified standards that relate to the design, installation, inspection, and maintenance of a playground and playground equipment. The bill would require the replacement of equipment or modification of components inside existing playgrounds to conform to the requirements of specified regulations. This bill contains other related provisions.

AB 1246 (Wolk) Preschool learning standards.

Status: 11/21/2005-In committee: Hearing postponed by committee.
Location: Senate APPR.
Summary:
Existing law requires the Superintendent of Public Instruction to administer all state preschool programs and general child care and development programs, with certain requirements. This bill would require the Superintendent, by January 1, 2007, and in consultation with specified individuals, to develop and adopt preschool learning standards and to develop preschool curriculum guides in 4 subject areas, as specified. The bill would authorize the Superintendent to develop and adopt preschool curriculum standards in additional content areas. The bill would require that these learning standards and curriculum guides be developed and adopted by the Superintendent using existing funding and resources from the federal Child Care and Development Fund. The bill would require the Superintendent establish and convene a panel, as specified, every 7 years to review the learning standards. The bill would require the Superintendent to conduct regional hearings prior to modifying learning standards after convening that panel in order to give parents and other members of the public the opportunity to comment on the standards.

AB 1282 (Mullin) Income taxes: credits: child care.
Status: 02/02/2006-Referred to Com. on REV. & TAX.
Location: Senate REV. & TAX
Summary:
The existing Personal Income Tax and Corporation Tax Law provide tax credits for startup expenses for child care programs or constructing a child care facility, costs for child care information and referral services, and costs paid or incurred for contributions to a qualified care plan. Under existing law these credits are only available for certain taxable years beginning before January 1, 2007. This bill would extend the credits to taxable years beginning before January 1, 2012. This bill would also require the Franchise Tax Board to report to the Legislature on the effectiveness of these credits, as specified. This bill contains other related provisions.

AB 1298 (Evans) Health and human services.
Status:, 08/25/2005-In committee: Set, first hearing. Held under submission.
Location: Senate APPR. SUSPENSE FILE
Summary:
Existing law creates various programs to provide child care and health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi-Cal program administered by the State Department of Health Services, and the California Special Supplemental Food Program for Women, Infants, and Children. This bill would require the California Health and Human Services Agency to convene a workgroup by July 1, 2006, to consider options that will make, to the greatest extent possible, the application and eligibility factors in certain programs transparent to the public and uniform statewide, and to report no later than April 1, 2007, to the appropriate committees of the Legislature for the establishment of aligned policies and procedures in specified programs. This bill contains other existing laws.

AB 1601 (Laird) Child care: provider registration: background checks.
Status: 07/12/2005-In committee: Set second hearing. Failed passage. Reconsideration granted.
Location: Senate HUM. S.
Summary:
Existing law establishes a process whereby any license-exempt child care provider, defined as a person 18 years of age or older who provides child care or supervision, or any person providing in-home educational or counseling services to a minor, and who is not otherwise required to be licensed, is authorized to initiate a background examination to become a registered trustline provider. This bill would require the State Department of Social Services and the State Department of Education, by January 1, 2006, to adopt and implement, in coordination with the county welfare department and representatives from the California Child Care Resource and Referral Network and the California Alternative Payment Program Association, regulations to require license-exempt child care providers who are paid for their services through a child care subsidy program to submit a trustline application within 14 days of the date the person applied to become a registered trustline provider, with up to a possible additional 14 days that may be granted at the time of application at the option of the Alternative Payment Program or the county welfare department. By imposing additional duties on a county welfare department, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 1800 (Laird) 2006-07 Budget.

Status: 01/23/2006-Referred to Com. on BUDGET.
Location: Assembly BUDGET
Summary:
This bill would make appropriations for support of state government for the 2006-07 fiscal year. This bill contains other related provisions.

AB 2046 (Coto) Kindergarten.
Status: 02/23/2006-May be heard in committee March 25.
Location: Assembly Rules
Summary:
Existing law provides that school districts offering kindergarten may maintain kindergarten classes at different school sites for different lengths of time. This bill would require that, commencing with the 2008-09 school year, school districts offering kindergarten begin to implement full-day kindergarten program. This bill would require that school districts provide full-day kindergarten in at least 1/3 of the schools that offer kindergarten. This bill would require all schools offering kindergarten provide full-day kindergarten no later than the 2010-11 school year. This bill would permit a school to obtain a one-year exemption if its governing board approves the postponement of the requirements no later than June 30 of the year in which the exemption is to occur. This bill would require the governing board to submit the reasons for the exemption to the State Department of Education. This bill would provide that a minimum school day for full-day kindergarten is 230 minutes, as specified. This bill would provide that a school district that has received a one-year exemption from the full-day kindergarten requirement has a minimum school day of 180 minutes. This bill contains other related provisions and other existing laws.

AB2150 (McCarthy) Pre-Kindergarten Instruction

Status: 02/21/2006- May be heard in committee March 25
Location: Assembly Rules
Summary:
Existing law provides the adopted course of study for kindergarten and grades 1 to 12, inclusive, and requires a school district to offer instruction on a variety of subjects. This bill would express the intent of the Legislature to enact legislation to provide a cost-effective, 5-week intensive academic program that prepares 4-year-old children for kindergarten.

AB 2196 (Spitzer) Child day care: information: registered sex offenders.
Status: 02/23/2006-May be heard in committee March 25.
Location: Assembly Rules

Summary:
The existing California Child Day Care Facilities Act provides for the licensure and regulation of specified types of child day care facilities and day care homes responsible for the regular care of children. A willful violation of these provisions is a crime. This bill would require each child day care facility, as defined, and family day care home, as defined, that offers a program of services for which there is a contract or agreement between any parent or guardian and the day care facility or family day care home for the regular care of a child, entered into on or after January 1, 2007, to provide the parent or guardian with specified information about registered sex offenders that is made available to the public via a specified Internet Web site maintained by the Department of Justice as provided. This bill contains other related provisions and other existing laws.

AB 2403 (DeVore) Large family day care homes: permits.
Status: 02/23/2006-May be heard in committee March 25.
Location: Assembly Rules
Summary:
The California Child Day Care Facilities Act provides for the licensing and regulation of child day care facilities, including family day care homes, by the State Department of Social Services. The act prohibits a city, county, or city and county from prohibiting large family day care homes on lots zoned for single-family dwellings, but requires a city, county, or city and county to either (1) classify large family day care homes as a permitted use of residential property for zoning purposes, (2) grant a nondiscretionary permit to use a lot zoned for a single-family dwelling to any large family day care home that complies with certain local ordinances, or (3) require any large family day care home to apply for a permit to use a lot zoned for single-family dwellings. Under the 3rd possible action by a city, county, or city and county, the act requires the permit to be granted if the large family day care home complies with certain local ordinances and the local government is required to process the permit as economically as possible, with fees charged for review not to exceed the costs of the review and permit process. This bill, with respect to the 3rd possible action, would prohibit any fee charged by the local government for application review from exceeding the costs of the review and permit process or $500, whichever is less. The bill would also require the local government to grant or deny the permit within 45 days of receiving the application, and would clarify the factors to be considered in making its determination. The bill would require the local government to provide an applicant with written fee verification, within 45 days of the applicant's request. This bill contains other related provisions and other existing laws.

AB 2611 (Spitzer) Family Day Care Homes: Insurance. Status: 02/24/2006-May be heard in committee March 25.
Location: Assembly Rules
Summary:
Existing law requires certain family day care homes to be licensed by the State Department of Social Services. Existing law requires all family day care homes for children to maintain either liability insurance or a bond. In lieu of this requirement, the family day care home may maintain a file of affidavits signed by each parent of an enrolled child that states that the parent has been informed that the family day care home does not have either liability insurance or a bond. Existing law requires the department to review these affidavits at each licensing inspection. This bill would subject a family day care home that does not provide the department with proof of insurance or bond or allow inspection of the affidavits to a civil penalty of $50.

AB 2556 (Jones) Social services: childhood poverty.
Status: 02/24/2006-May be heard in committee March 26.
Location: Assembly Rules
Summary:
Existing law creates the Department of Finance, and specifies the duties and responsibilities of that department. Existing law authorizes the Joint Legislative Budget Committee to appoint a Legislative Analyst and such other clerical and technical employees as may appear necessary. This bill would declare that it is a goal of the Legislature to reduce child poverty by one-half by January 1, 2016, and to eliminate it entirely by January 1, 2026. This bill contains other related provisions.

AB 2608 (Committee on Human Services) Child care: eligibility: termination of services.
Status: 02/27/2006-Read first time.
Location: Assembly Rules
Summary:
Existing law, the Child Care and Development Services Act, provides child care and development services to children from birth to age 13 and their parents through full- and part-time programs. Existing law provides that, 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 enrollment of the family to another program for which the family is eligible, as specified, or to exchange the existing enrollment of the family with the enrollment of a family in another program, as specified. This bill would expand that provision to include a child that receives child protective services who is enrolled in a state or federally funded child care and development program and whose services would otherwise be terminated because the child has a new foster care placement.

AB 2881 (Mullin) State preschool programs.
Status: 02/27/2006-Read first time.
Location: Assembly Rules
Summary:
The Child Care and Development Services Act provides a comprehensive, coordinated, and cost-effective system of child care and development services for children 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 requires the Superintendent of Public Instruction to administer all state preschool programs, as specified, for pre-kindergarten-age children, in accordance with specified funding priorities, and to contract with public or private entities or agencies, as specified, to operate a state preschool program. Existing law specifies that these programs shall include, but not be limited to, part-day and preschool appropriate programs for pre-kindergarten children 3 to 5 years of age in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. Existing law defines "state preschool services" as part-day educational programs for low-income or otherwise disadvantaged pre-kindergarten-age children. This bill codify existing program requirements for preschools and Title 5 centers and would provide for "full-day" preschool. The bill would establish separate provisions requiring the Superintendent to administer part-day and full-day preschool programs, respectively. This bill would require Family Child Care Home Education Networks be notified of licensees who have been suspended or revoked. This bill requires the Superintendent to make recommendations about the reallocation of unexpended child development funds. (Urgency bill)

AB 3029 (Laird) Public social services: CalWORKs and the Food Stamp Program: re-determination and recertification
Status: 02/24/2006-Read first time.
Location: Assembly Rules
Summary:
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) program, state, and county funds. Under existing law, the county is required to annually re-determine eligibility for CalWORKs benefits. Existing law additionally requires the county to implement a recipient monthly reporting system, consistent with federal law until the Director of Social Services makes a specified declaration, at which time the county would be required to re-determine recipient eligibility and grant amounts on a quarterly basis, using prospective budgeting, and to prospectively determine the grant amount that a recipient is entitled to receive for each month of the quarterly reporting period. Under existing law, a CalWORKs recipient is required to report to the county, orally or in writing, specified changes that could affect the amount of aid to which the recipient is entitled. Existing law requires the quarterly re-determination report form to be signed by the recipient under penalty of perjury. This bill would repeal the quarterly re-determination requirements and instead would impose similar requirements for a semiannual re-determination. This bill would require the re-determination report form to be signed under penalty of perjury, thus creating a new crime and imposing a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 539 (Ashburn) Child day care: CalWORKs child care program.
Status: 06/28/2005-Set first hearing. Failed passage. Reconsideration granted.
Location: Assembly APPR.
Summary:
Under existing law the Child Care and Development Services Act provides a comprehensive, coordinated, and cost-effective system of providing developmentally appropriate activities for children, parenting education, and parent involvement. This bill would specify that payment to a child care provider shall not commence until the State Department of Social Services confirms that the child care provider is a registered child care trustline provider or is exempted from trustline registration, and would revise the scope of circumstances that would require that the payment shall immediately cease. The bill would apply these provisions only in counties in which the trustline automated registration process and the LiveScan system are operational, and would make additional changes to conform with existing law. This bill contains other existing laws.

SB 638 (Torlakson) After School Education and Safety Program.
Status: 02/21/2006-From committee with author's amendments. Read second time. Amended.
Location: Assembly APPR. SUSPENSE FILE
Summary:
Existing law, the After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act provides a formula for determining an amount to be continuously appropriated from the General Fund to the State Department of Education for purposes of the program. This bill, additionally, would require that grants made to public elementary, middle, and junior high schools under a specified provision of existing law relating to community learning centers, for the 2002-03, 2003-04, and 2004-05 fiscal years, continue to be funded under the act in each subsequent fiscal year immediately following the expiration of the grant made under the specified provision of law, at the same award level as the grant was funded under the specified provision of law for the 2004-05 fiscal year, before any grants are funded under certain provisions of the act, if the school applies for the grant and is otherwise qualified under the act. This bill contains other related provisions and other existing laws.

SB 1195 (Alquist) Child care: regional market rates. Status: Set for hearing March 14.
Location: Senate HUM. Svs.
Summary:
The existing Child Care and Development Services Act establishes a comprehensive system of child care and development services for children to age 13 and their parents through full- and part-time programs. Existing law defines the term "income eligible" for purposes of determining the eligibility of a family to participate in those programs. This bill would revise that definition to require the annual adjustment of the monthly income of a family to reflect changes in the Consumer Price Index, as specified. This bill contains other related provisions and other existing laws.

SB 1302 (Ashburn) Before and after school programs: grant management: funding priorities. Status: Set for hearing March 29.
Location: Senate ED.
Summary: Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens program for the purpose of creating incentives for establishing locally driven after school enrichment programs that partner schools and communities to provide academic support and safe, constructive alternatives for high school pupils in the hours after the regular school day. This bill would expand the purpose of the program to include instruction and services designed to help pupils pass the high school exit examination required for high school graduation under certain provisions of existing law. This bill contains other related provisions and other existing laws.

SB 1421 (Margett) Child care: CalWORKs recipients: fraud.
Status: May be acted upon on or after March 25.
Location: Senate Rules,br> Summary:
Existing law requires that child care be provided in various stages to recipients of benefits under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law provides that the first stage of child care begins upon the entry of a person into the CalWORKs program. Existing law provides that the second 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 transitioning off of aid and child care is available through a local stage two program. Existing law provides that the third stage of child care begins when a funded child care space becomes available for the child or children of the eligible CalWORKs recipient. This bill would require the State Department of Education, subject to approval by the State Board of Education, to establish a two-year pilot project in the County of Los Angeles to investigate potential incidents of fraud regarding second and third stage child care. The bill would require the county welfare department of the County of Los Angeles to, upon completion of the pilot project, prepare and submit to the Legislature a report, as specified, regarding investigations conducted pursuant to the pilot project, thereby imposing a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 1534 (Alarcon) Coordinated low-income program eligibility assistance.
Status: 02/23/2006. May be acted upon on or after March 25.
Location: Senate Rules
Summary:
Under existing law, various state entities administer programs to provide financial assistance and public health and social services to low-income individuals and families who meet the eligibility requirements for those programs. This bill would require the California Health and Human Services Agency, the Public Utilities Commission, the State Department of Education, and the Department of Insurance to work together to ensure that individuals and families meeting equivalent eligibility requirements for low-income programs administered by these entities are concurrently enrolled in all available programs for which they are eligible. The bill would authorize the entities to work to create a single low-income program application to cover all services afforded to low-income populations, and to establish a Low-Income Advisory Board to implement the bill's requirements.

SB 1600 (Kuehl) Child care.
Status: Read first time.
Location: Senate Rules
Summary:
Existing law authorizes the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs and to contract for the provision of child care and development services. This bill would require the Child Development Division of the State Department of Education, on or before July 1, 2008, to provide to the Superintendent of Public Instruction a baseline assessment of the supply and demand for subsidized and unsubsidized child care, as specified. The bill would require the Superintendent, on or before March 1, 2009, and every 2 years thereafter, to make recommendations to the Legislature based on that assessment, as specified. This bill contains other related provisions.

SB 1750 (Vincent) Child development centers: funding and auditing.
Status: Read first time.
Location: Senate Rules
Summary:
Existing law establishes a system of child care and development services for children up to 13 years of age and provides certain requirements for the payment by the state for these child care and development services. Existing law establishes reimbursement rates, including requirements for their adjustment and application. This bill would establish a role in the reimbursement rate process for the Joint Legislative Budget Committee by requiring the State Department of Education to provide it with a list of new requirements for the operation of child care development centers and any unusual industry-wide increases in costs associated with the provision of center-based child care by October 1, 2006, and annually thereafter, so the Joint Legislative Budget Committee can determine whether to appropriate funds for the adjustment of the reimbursement rate for the next fiscal year. This bill specifies procedures and auditing requirements for when centers are funded by multiple funding sources. (Urgency measure)

Child Care Budget Hearings Scheduled

The Senate and Assembly have scheduled some of their Budget subcommittee hearings of interest to the Child Development community:

March 13 - Senate Sub #1 (Educ) - Child Development; Prop 49; 21st Century
 
Upon adj. Room 113

March 22 - Assembly Sub #1 (HHS) - CalWORKs/Child Care (overview)
 
1:30 PM Room 444

March 30 - Senate Sub #3 (HHS) - Community Care Licensing
 
Upon adj. Room 4203

April 21 - Assembly Sub #1 (HHS) - Dept of Education - Child Development
1:30 PM Room 444

May 4 - Senate Sub #3 (HHS) - CalWORKs, including child care
Upon adj. Room 4203

© 2006 Child Development Policy Institute

 

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