Code Section Group

Welfare and Institutions Code - WIC

DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.82]

  ( Division 9 added by Stats. 1965, Ch. 1784. )

PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206]

  ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. )

CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206]
  ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. )

10200.
  

This part shall be known, and may be cited, as the Early Childhood Development Act of 2020.

(Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)

10201.
  

This chapter shall become operative July 1, 2021.

(Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020.)

10202.
  

Legislature finds and declares both of the following:

(a) The state’s system of early learning and care must become more integrated and coordinated to achieve its goals of promoting a high-quality, affordable, early childhood system designed to comprehensively and effectively serve children and families.

(b) Social determinants of health, adverse childhood experiences, quality learning and care for children, and economic and other supports for the needs of families are critical determinants of life outcomes for children, and California’s system of early learning and care must address inequities and disproportionalities.

(Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)

10203.
  

(a) It is the intent of the Legislature to launch a phased approach to achieving the goals of the state’s Master Plan for Early Learning and Care, uniting childcare programs where they can best be integrated with other child and family focused benefits, programs, and services, and support childcare providers and programs while maintaining vital connections to preschool, transitional kindergarten, and K-12 education.

(b) To effectuate this transition, effective July 1, 2021, responsibility for the following programs, responsibilities, services, and systems are hereby transferred from the State Department of Education and the Superintendent of Public Instruction to the State Department of Social Services:

(1) Alternative payment programs pursuant to Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(2)  Migrant alternative payment programs pursuant to Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(3) CalWORKs Stage 2 childcare pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(4) CalWORKs Stage 3 childcare pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(5) General childcare and development programs pursuant to Article 8 (commencing with Section 8240) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(6) Migrant childcare and development programs pursuant to Article 6 (commencing with Section 8230) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(7) Childcare and development services for children with severe disabilities pursuant to Article 9 (commencing with Section 8250) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(8) The Child and Adult Care Food Program implemented pursuant to Section 1766 of Title 42 of the United States Code.

(9) Childcare and development facilities capital outlay pursuant to Article 24 (commencing with Section 8493) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(10) Responsibility as the lead agency for administration of the Child Care and Development Fund, as defined in Section 98.2 of Title 45 of the Code of Federal Regulations, and as set forth in Sections 8206 to 8206.6, inclusive, of the Education Code.

(11) Responsibility as the lead agency for the Child Care and Development Fund State Plan Early Learning and Care Infrastructure Grant Program pursuant to Section 8280 of the Education Code.

(12) The Early Learning and Care Workforce Development Grants Program pursuant to Section 8280.1 of the Education Code.

(13) The California Head Start State Collaboration Office funded by collaboration grants awarded pursuant to Section 9837b of Title 42 of the United States Code.

(14) The Early Head Start-Child Care Partnerships Grant from the United States Department of Health and Human Services.

(15) Resource and referral agencies pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(16) Local childcare and development planning councils pursuant to Chapter 2.3 (commencing with Section 8499) of Part 6 of Division 1 of Title 1 of the Education Code.

(17) The California Child Care Initiative Project pursuant to Section 8215 of the Education Code.

(18) Other childcare quality improvement projects.

(19) Any memoranda of understanding and partnerships related to the programs, services, and systems listed in this subdivision.

(20) The Child Development Management Information System and other related data systems as they pertain to the programs, services, and systems listed in this subdivision.

(Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)

10204.
  

(a) For purposes of this part, “department” means the State Department of Social Services.

(b) Commencing July 1, 2021, whenever the laws governing the programs, responsibilities, services, or systems listed in subdivision (b) of Section 10203 refer to the “State Department of Education,” “department,” “Superintendent of Public Instruction,” or “Superintendent,” the reference shall be construed to be to the State Department of Social Services.

(Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)

10205.
  

(a) Commencing July 1, 2021, the department succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203.

(b) The department may enter into memoranda of understanding or interagency agreements or contracts with the California Health and Human Services Agency, its other departments and offices, the State Department of Education, and any other state agency, department, or office, as necessary to implement this part.

(c) Unless the context clearly requires otherwise, any reference to the State Department of Education or the Superintendent of Public Instruction in any regulation, contract, or in any other code, with respect to any of the programs, responsibilities, services, or systems listed in subdivision (b) of Section 10203, is a reference to the State Department of Social Services.

(d) Without limiting any other powers or duties, the department shall ensure compliance with the terms of any state plans, memoranda of understanding, administrative orders, interagency agreements, contracts, assurances, single state agency obligations, federal statutes and regulations, and any other form of agreement or obligation that vital government activities rely upon or are a condition to the continued receipt by the department of state or federal funds or services.

(e) All existing regulations relating to programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 that have been adopted by the State Department of Education on or before June 30, 2021, are expressly continued in force, unless they conflict with the act that added this part. Any statute, law, rule, or regulation relating to the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 that are in force on June 30, 2020, or that may hereafter be enacted or adopted with reference to this part, shall apply to the department.

(f) A contract, lease, license, state or federal grant, memorandum of understanding, or any other agreement relating to the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 to which the State Department of Education is a party is not void or voidable by reason of the act that added this part, but are continued in full force and effect, with the department assuming all of the rights, obligations, and duties of the State Department of Education. The assumption by the department does not in any way affect the rights of the parties to the contract, lease, license, state or federal grant, memorandum of understanding, or agreement.

(g) Any legal action concerning the duties, responsibilities, obligations, liabilities, and functions described in this chapter shall not abate, and shall continue in the name of the department. The substitution of the department for the State Department of Education or the Superintendent of Public Instruction does not affect the rights of the parties to the action.

(h) All financial and accounting records, documents, records, and property relating to programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 shall be transferred to the department by the State Department of Education. The format and timing of this transfer shall be mutually agreed upon by the State Department of Social Services and the State Department of Education and the Superintendent of Public Instruction, and shall not require formal agreement or approval by any other entity.

(i) On or before July 1, 2021, the Governor shall establish the position of Deputy Director of Child Development within the department, as an exempt position, to be appointed by the Governor, subject to confirmation by the Senate, and who holds office at the pleasure of the Governor.

(j) On or before March 31, 2021, the department shall submit to the appropriate budget and policy committees of the Legislature, the Department of Finance, and the Early Childhood Policy Council, a plan that describes how the department will achieve the intent expressed in Section 10203, including a description of activities undertaken by the department up until that date, and specifying all of the following:

(1) How the department intends to make childcare programs more integrated.

(2) How the department plans to maintain existing connections or enhance connections to California state preschool programs, transitional kindergarten, and elementary and secondary education.

(3) An estimate of the ongoing cost of the State Department of Social Services for administering childcare programs. A description of the number of positions that will move to the State Department of Social Services from the State Department of Education and the number of additional positions the State Department of Social Services will need.

(4) How this shift results in better services for children and families, including how this shift will ensure families have the most comprehensive information about their choices in comprehensive supports for their families, including childcare.

(5) How the department plans to prevent administrative duplication and regulatory conflict for providers that have contracts for both general childcare and development programs and California state preschool programs.

(6) How the department plans to maintain the existing provider flexibility to transfer funds across contracts for both general childcare and development programs and California state preschool programs.

(7) How the department plans to ensure quality projects support state-supported childcare in all settings, including California state preschool programs.

(8) How the California Head Start State Collaboration Office will continue to engage with California state preschool program providers and school districts.

(9) How parents will be provided enhanced information about making an informed childcare choice that best meets their child’s and family’s needs, from the full spectrum of quality childcare available.

(10) How a cradle-to-career, interagency data system will provide improved state-level reporting, support the goals of the Master Plan for Early Learning and Care, and support the achievement of paragraph (9).

(11) Further plans to align activities with recommendations from the Master Plan for Early Learning and Care regarding childcare.

(k) From October 1, 2020, to December 31, 2024, inclusive, the department shall submit to the appropriate budget and policy committees of the Legislature, the Department of Finance, and the Early Childhood Policy Council a quarterly report that describes how the department is making progress on the transition required by this chapter, and how the department is furthering the intent of this transition.

(Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)

10206.
  

(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Education may implement, interpret, or make specific this part by means of all-county letters, bulletins, or similar written instructions from either department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations.

(b) Initial regulations developed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) that are necessary to implement the act that added this part shall be adopted by each department no later than December 31, 2023.

(Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)

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