Code Section Group

Welfare and Institutions Code - WIC

DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98]

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

PART 1.8. Child Care and Development Services Act [10207 - 10490]

  ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. )

CHAPTER 18. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy Plans [10340 - 10349.5]
  ( Chapter 18 added by Stats. 2021, Ch. 116, Sec. 260. )

10340.
  

The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10341.
  

For purposes of this chapter, “county” means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10342.
  

(a) For purposes of this chapter, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 10340, which includes all of the following:

(1) An assessment to identify the county’s goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:

(A) Needs assessment data collected pursuant to subdivision (b) of Section 10486.

(B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 10219.

(C) The county’s self-sufficiency income level.

(D) The cost of providing child care.

(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care.

(B) The local policy shall do all of the following:

(i) Prioritize lowest income families first.

(ii) Follow the family fee schedule established pursuant to Section 10290 of this code or Section 8252 of Education Code, as applicable, for those families who are income eligible, as defined by Section 10271.5 of this code or Section 8213 of the Education Code, as applicable, and provide the exemptions for family fees specified in Section 10291 of this code or Section 8253 of the Education Code, as applicable.

(iii) Meet local goals that are consistent with the state’s child care goals.

(iv) Identify existing policies that would be affected by the county’s plan.

(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.

(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 10344.

(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.

(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Chapter 21 (commencing with Section 10370), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Chapter 21 (commencing with Section 10370). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Chapter 21 (commencing with Section 10370) that provides a greater benefit to participating families than is provided for in the local policy.

(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:

(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.

(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 10271.5 of this code or Section 8213 of the Education Code, as applicable.

(iii) Reimbursement rates, including adjustment factors identified in Section 10281.5 of this code or Section 8244 of the Education Code, as applicable.

(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.

(3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the county’s plan.

(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system.

(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.

(c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act.

(d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10343.
  

The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10344.
  

(a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 10480, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.

(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.

(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.

(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 10480, for approval prior to final approval of the plan by the department.

(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.

(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this chapter or that are in conflict with federal law.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10345.
  

(a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 10346, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 2015–16 fiscal year.

(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 10346, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 2014–15 fiscal year.

(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 10346, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 2016–17 fiscal year.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10346.
  

(a)  Using a template developed by the department, the county shall prepare and submit to the Legislature and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:

(1) At the end of year one of the plan, a report that describes the first year of implementation.

(2) At the end of year three of the plan, a report that describes years two and three of implementation.

(3) At the end of year five of the plan, a report that describes years four and five of implementation.

(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan.

(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan.

(d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10347.
  

A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10348.
  

This chapter shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.

(Amended by Stats. 2021, Ch. 497, Sec. 3. (AB 1294) Effective October 5, 2021. Note: Prescribed operations affect Chapter 18, comprising Sections 10340 to 10349.5)

10349.
  

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 department may implement and administer this chapter through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates, and processes for requesting additional participating contractors.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

10349.5.
  

Commencing on the effective date of the act that added this section, the components of the plan relating to preschool shall be overseen by the State Department of Education and the components of the plan addressing all other child care programs shall be overseen by the department.

(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 10348.)

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