Today's Law As Amended


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SB-1154 Child care and development services: resource and referral programs.(2015-2016)



As Amends the Law Today


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 chapter may article shall  be used for child care resource and referral programs which 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 that one hundred eighty thousand dollars ($180,000) be appropriated  to appropriate funding  each fiscal year for allocation to child care and development  resource and referral agencies operated by local educational agencies for the purpose of the child care resources and referral program set forth in this article. 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) (A)  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 which 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: 
(B) The resource file shall include, but not be limited to, the following information:
(i) (A)  Type of program.
(ii) (B)  Hours of service.
(iii) (C)  Ages of children served.
(iv) (D)  Fees and eligibility for services.
(v) (E)  Significant program information.
(2) (A) (i) Establishment of a referral process which  that is described in writing and is available to parents, providers, and potential providers upon request, that  responds to parental need for information and which is  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. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed.  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 reach  make child care referrals accessible to  all parents within the defined geographic area,  area by using methods  including, but not limited to, any of the following:
(I) Toll-free telephone lines.
(II) Email and other appropriate technology.
(II) (III)  Office space convenient to parents and providers.
(III) (IV)  Referrals in languages which 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 information 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 and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan. purposes. 
(4) Provision of technical assistance to existing and potential providers of all types of child care services.  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: to, all of the following: 
(A) Information  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) Information  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.
(C) (D)  Dissemination of  Disseminating  information on current public issues affecting the local and state delivery of child care services.
(D) (E)  Facilitation of  Facilitating  communication between existing child care and child-related services providers in the community served.
(5) (F)  (A) Providing  (i)  Provision of   information about community resources, child care statistics, and opening  a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the child’s family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the child’s social worker and child and family team to assess child care opportunities appropriate to the child’s age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child. business to parents, child care providers, community organizations, and government entities. 
(ii) (G)  As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IV–E of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a child’s receipt of a child care payment or voucher. Collaborating with community partners to increase awareness of child care issues. 
(B) (H)  (i) Assisting  Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.  community and public agencies in planning, coordinating, and improving child care in the defined geographic area. 
(ii) (I)  As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IV–E of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. 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,  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.

8212.3.
 (a) In addition to the services described in Section 8212, a child care resource and referral program, established to serve a defined geographic area, may provide short-term respite child care. “Short-term respite care,” for purposes of this article, means temporary child care services to do any of the following:
(1) Provide services to families identified and referred by child protective agencies.
(2) Relieve the stress caused by child abuse, neglect, or exploitation, or the risk of abuse, neglect, or exploitation.
(3) Assist parents who, because of serious illness or injury, homelessness, or family crisis, including temporary absence from the home because of illness or injury, would be unable without assistance to provide the normal care and nurture expected of parents.
(4) Provide temporary relief to parents from the care of children with exceptional needs.
(b) Pursuant to the delivery of short-term respite child care services, priority shall be given for the provision of services to families identified and referred by child protective agencies, to relieve the stress caused by child abuse, neglect, or exploitation, or the risks thereof, as described in paragraphs (1) and (2) of subdivision (a). Priority shall be given to assist parents and to provide temporary relief to parents, as described in paragraphs (3) and (4) of subdivision (a) to the extent that resources are available.

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.
 Child care resources and referral  Basic child care referrals  shall be provided at no cost  to all persons requesting services and to all types of child care providers,  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 is are  hereby established a project two projects,  known as the California Child Care Initiative Project. It is the intent of the Legislature to promote and foster the project in cooperation with private corporations and local governments.  Project — State Program and the California Child Care Initiative Project — Quality Plan Program, respectively.  The objective of the project both projects  is to increase the availability of quality child care programs  in the state.
(b) For purposes of this section, the  California Child Care Initiative Project Projects  means a project  projects  to expand clarify  the role and functions of selected  resource and referral agencies programs  in activities activities,  including needs assessment, recruitment and screening of providers, technical assistance, and staff development and training, in order to aid communities in increasing their capability in  to increase  the number of child care spaces available and improve  the quality of child care services offered.
(c) The Superintendent of Public Instruction shall allocate all state funds appropriated for the California Child Care Initiative Project for the purpose of making grants to those child care resource and referral agencies that have been selected as pilot sites for the project.
(d) (c)  The project shall  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— State Program and shall  ensure that each dollar of state funds allocated pursuant to this  subdivision (c)  is matched by two dollars ($2) statewide  from other sources, including private corporations, the federal government, or local governments.
(e) The grants to the sites made available by the project shall be comprised of a combination of state funds and other funds pursuant to subdivision (d).
(f) The Superintendent of Public Instruction shall develop a data base for the project.

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, every 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, as well as information to a family on the family’s ability to choose a license exempt provider. 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.