Existing law requires the Superintendent of Public Instruction to contract with entities organized to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized care. Existing law requires the family child care home education network programs to include certain components, including an assessment of each family child care home provider to ensure that services are of high quality and are educationally and developmentally appropriate.

This bill would require that tools used to make these assessments be appropriate to family child care home settings and would require a family child care home education network program to include the maintenance of a developmental portfolio for each child, as provided.

Existing law imposes various requirements on family child care home education network contractors, including ensuring that a developmental profile is completed for each child.

This bill would impose additional requirements on those contractors, including that the developmental profiles specified above be completed in accordance with the providers observations, conducting site visits, and offering training and technical assistance, as specified.

The bill would also impose various duties on family child care home education network providers, including requiring those providers to adopt and use a curriculum and to provide age and developmentally appropriate educational activities for children.

Existing law requires the Superintendent of Public Instruction to contract with entities organized to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized care. Existing law requires the family child care home education network programs to include certain things, components, including an assessment of each family child care home provider to ensure that services are of high quality and are educationally and developmentally appropriate. Existing law also requires each family child care home education network to do certain things, including assess the educational quality of the program offered in each family child care home in the network and ensure that a developmental profile is completed for each child in consultation with the provider.

This bill would require that tools used to make these assessments be appropriate to family child care home settings. The bill would require the network to complete the developmental profile in collaboration with the provider by doing certain things, including conducting a parent survey of a childs developmental progress as directed by the department and incorporating it into the profile. The bill settings and would require a family child care home education network program to include the maintenance of a developmental portfolio, portfolio for each child, as provided. The bill would also require a family child care home education network to conduct a minimum of 9 site visits to each affiliated provider in a calendar year, as provided, among other things.

This bill would delete this law. a provision specifying that the provisions relating to family child care home education networks do not impose any new requirements on a family child care home education network or require any increase in reimbursement rates.

The bill would require a provider in a also impose various duties on family child care home education network providers, including requiring those providers to adopt and use a curriculum or curricula of the providers choosing that is appropriate for the age range of children in the home. The bill would also impose additional duties on providers, including providing and to provide age and developmentally appropriate educational activities for children.

Existing law requires the Superintendent of Public Instruction to contract with entities organized to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized care. Existing law requires the family child care home education network programs to include certain things, including an assessment of each family child care home provider to ensure that services are of high quality and are educationally and developmentally appropriate. Existing law also requires each family child care home education network to do certain things, including assess the educational quality of the program offered in each family child care home in the network and ensure that a developmental profile is completed for each child in consultation with the provider.

This bill would require that tools used to make these assessments be appropriate to family child care home settings. The bill would require the network to complete the developmental profile in collaboration with the provider by doing certain things, including conducting a parent survey of a childs developmental progress as directed by the department and incorporating it into the profile. The bill would require a family child care home education network to include the maintenance of a developmental portfolio, as provided. The bill would also require a family child care home education network to conduct a minimum of 9 site visits to each affiliated provider in a calendar year, as provided, among other things.

Existing law provides that the above laws do not impose any new requirements on a family child care home education network nor does it require any increase in reimbursement rates.

This bill would delete this law.

The bill would require a provider in a family child care home education network to adopt and use a curriculum or curricula of the providers choosing that is appropriate for the age range of children in the home. The bill would also impose additional duties on providers, including providing age and developmentally appropriate educational activities for children.

Existing law requires the Superintendent of Public Instruction to contract with entities organized to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized care. Existing law requires the family child care home education network programs to include certain things, including an assessment of each family child care home provider to ensure that services are of high quality and are educationally and developmentally appropriate. Existing law also requires each family child care home education network to do certain things, including assess the educational quality of the program offered in each family child care home in the network and ensure that a developmental profile is completed for each child in consultation with the provider.

This bill would require that tools used to make these assessments be appropriate to family child care home settings. The bill would require the network to complete the developmental profile in collaboration with the provider by doing certain things, including conducting a parent survey of a childs developmental progress as directed by the department and incorporating it into the profile. The bill would require a family child care home education network to include the maintenance of a developmental portfolio, as provided. The bill would also require a family child care home education network to conduct a minimum of 9 site visits to each affiliated provider in a calendar year, as provided, among other things.

Existing law provides that the above laws do not impose any new requirements on a family child care home education network nor does it require any increase in reimbursement rates.

This bill would delete this law.

The bill would require a provider in a family child care home education network to adopt and use a curriculum or curricula of the providers choosing that is appropriate for the age range of children in the home. The bill would also impose additional duties on providers, including providing age and developmentally appropriate educational activities for children.

Existing law requires the Superintendent of Public Instruction to contract with entities organized to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized care. Existing law requires the family child care home education network programs to include certain things, including an assessment of each family child care home provider to ensure that services are of high quality and are educationally and developmentally appropriate. Existing law also requires each family child care home education network to do certain things, including assess the educational quality of the program offered in each family child care home in the network. network and ensure that a developmental profile is completed for each child in consultation with the provider.

This bill would require that tools used to make these assessments be appropriate to family child care home settings. The bill would require the network to complete the developmental profile in collaboration with the provider by doing certain things, including conducting a parent survey of a childs developmental progress as directed by the department and incorporating it into the profile. The bill would also require a family child care home education network to conduct a minimum of 9 site visits to each affiliated provider in a calendar year, as provided, among other things.

Existing law provides that the above laws do not impose any new requirements on a family child care home education network nor does it require any increase in reimbursement rates.

This bill would delete this law.

Existing law requires the Superintendent of Public Instruction to contract with entities organized to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized care. Existing law requires the family child care home education network programs to include certain things, including an assessment of each family child care home provider to ensure that services are of high quality and are educationally and developmentally appropriate. Existing law also requires each family child care home education network to do certain things, including assess the educational quality of the program offered in each family child care home in the network.

This bill would require that tools used to make these assessments be appropriate to family child care home settings.

Existing law provides that the above laws do not impose any new requirements on a family child care home education network nor does it require any increase in reimbursement rates.

This bill would delete this law.

This bill would state that it is the intent of the Legislature to provide consistency in the implementation and administration of family child care home education network programs, as provided.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 598 (Calderon) - Child care: family child care home education networks

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill codifies activities of family child care home education networks (networks).

Fiscal Impact:

• Unknown, likely significant cost pressure related to codifying activities and existing practices of family child care home education networks. To the extent all contractors and providers are not currently satisfying all the duties being codified in this bill, additional resources would be needed to come into compliance with the new law, thereby putting pressure on state resources. For context, the total contract value for the networks is $35 million, prior to the enactment of the Budget Act of 2016. If these activities constitute 5 percent of the total contract value, the statewide cost pressure could exceed $1 million. See staff comments. (General Fund)

Background:

Existing state law establishes the Child Care and Development Services Act to provide child care and development services as part of a coordinated, comprehensive, and cost effective system serving children from birth to 13 years old and their parents including a full range of supervision, health, and support services through full- and part-time programs. Child care and development services are defined as services designed to meet a wide variety of children's and families' needs while parents and guardians are working, in training, seeking employment, incapacitated, or in need of respite. (Education Code § 8200, et seq.)

Existing law requires the Superintendent of Public Instruction to contract with entities organized under law to operate networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized child care. Existing law lists requirements for the networks including: ensuring that provider services are of high quality and educationally and developmentally appropriate; recruiting and enrolling eligible families; and collecting family fees. Networks contract with the California Department of Education (CDE) to make payments to licensed family child care home providers, and to provide educational and support services to providers and to children and families eligible for state-subsidized child care and development services. (EC § 8245, 8246, and 8208)

Proposed Law:

This bill codifies activities of network contractors and providers. Specifically, this bill:

• Expands the required components of a network program to include: nutrition education and training, and maintenance of a developmental portfolio for each child that includes, among other items, a child’s work product and observations of the child.
• Requires a network contractor to do specified activities when completing the developmental profile for each child, including completing the developmental assessment profile selected by CDE and utilizing the developmental portfolio maintained by the provider, including provider observations of each child.
• Requires a network contractor to also:
  • Develop and implement a plan for timely payment to providers;
  • Conduct a parent survey as directed by the CDE;
  • Ensure that parent conferences are offered to the parent of each enrolled child;
  • Support affiliated providers in meeting the standards for program quality by reviewing, observing, and assessing the providers’ program components, and providing technical assistance, training, and coaching;
  • Offer providers at least 12 hours annually of training and technical assistance, as specified, in group or individual settings.
  • Employ at least one child development specialist who has educational qualifications equivalent to a child development teacher permit to provide training, technical assistance, and coaching to providers; and
  • Maintain a signed agreement, including specified components, with each affiliated provider and an authorized representative of the network.
• Expands beyond current law the requirement that a network contractor conduct periodic assessments of program quality to require the network contractor to conduct no less than six site visits to each affiliated provider in a program year to conduct assessments and provide technical assistance, training, and support.
• Requires a provider in a network to adopt and use a curriculum appropriate for the ages of the children in the home. Allows a contractor to adopt a policy limiting the curricula acceptable within its network.
• Requires a provider in a network to, among other things, provide age and developmentally appropriate educational activities for children; provide parenting education, as specified; provide nutrition that is consistent with federal standards; work in consultation with the contractor to complete the developmental profile for each child, as specified; and obtain no less than 12 hours of professional training per year and maintain documentation of the training for three years.

Related Legislation:

SB 1154 (Liu, 2016) codifies the duties of child care resource and referral programs (R&R), many of which are included in state regulations. R&Rs provide information and services related to child care to all parents regardless of income and to all providers. This bill (AB 598) similarly codifies the duties of the networks which provide information and services specifically to family home child care providers and contractors. SB 1154 failed passage in this committee.

Staff Comments:

According to the author, this bill codifies the expectations for both the contracting agency and the provider in administering child care programs within home settings.

Family child care home education networks were codified in the Education Code through Chapter 897, Statutes of 2004 (AB 379, Mullin). However, the CDE has contracted with networks for over 30 years under the General Child Care and Development Program, though their duties are not codified in statute. AB 379 established a second type of network, the California Family Child Care Home Education Network. This bill would further codify its activities. According to the CDE, it contracts with 33 agencies that provide service to 2,625 children via 799 family child care home providers. Under the General Child Care and Development program authority, there are 60 agencies serving 4,503 children. Some agencies hold contracts under both types of networks.

While several of the activities appear to be required through regulations and contract funding terms and conditions, their codification creates a cost pressure for the specified activities. Codifying activities in statute makes activities an ongoing obligation whereas regulations can be more easily amended or deleted. Also, to the extent all contractors and providers are not currently satisfying all the duties being codified, such as six site visits in a program year, providing 12 hours of professional training, or employing at least one child development specialist who has educational qualifications equivalent to a child development teacher permit, additional resources would be needed to come into compliance with the new law, thereby putting pressure on state resources. The total contract value for family child care home education networks is $35 million, prior to the enactment of the Budget Act of 2016. If these activities constitute 5 percent of the total contract value, the statewide cost pressure could exceed $1 million.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 598

Subject: Child care: family child care home education networks

SUMMARY

This bill codifies, clarifies and standardizes the duties and responsibilities of family child care home education network (FCCHEN) contractors and providers.

BACKGROUND

Existing law:

1. Establishes the Child Care and Development Services Act to provide child care and development services as part of a coordinated, comprehensive, and cost-effective system serving children from birth to 13 years old and their parents including a full range of supervision, health, and support services through full- and part-time programs. (Education Code § 8200, et seq.)
2. Defines "child care and development services" to mean services designed to

meet a wide variety of children's and families' needs while parents and guardians are working, in training, seeking employment, incapacitated, or in need of respite. (EC § 8208)

1. States the intent of the Legislature that all families have access to child care and development services, through resource and referral where appropriate, and regardless of demographic background or special needs, and that families are provided the opportunity to attain financial stability through employment, while maximizing growth and development of their children, and enhancing their parenting skills through participation in child care and development programs. (EC § 8202)
2. Requires the Superintendent of Public Instruction to ensure that contracts for child care and development programs include a requirement that each provider maintain a developmental profile to appropriately identify the emotional, social, physical, and cognitive growth of each child served in order to promote the child’s success in the public schools. (EC § 8203.5(b))
3. Requires the Superintendent of Public Instruction to administer general child care and development programs to include, among other things as specified, age- and developmentally-appropriate activities, supervision, parenting education and involvement, and nutrition. (EC § 8240 and § 8241)
4. Defines a "family child care home education network" to mean an entity organized under law that contracts with the California Department of Education (CDE), as specified, to make payments to licensed family child care home providers, and to provide educational and support services to providers and to children and families eligible for state-subsidized child care and development services. (EC § 8208(p))
5. Requires the Superintendent of Public Instruction to contract with entities organized under law to operate family child care home education networks (FCCHEN), as specified, and establishes requirements for FCCHEN programs including to ensure that provider services are of high quality and educationally and developmentally appropriate. (EC § 8245 and § 8246)

ANALYSIS

This bill codifies, clarifies and standardizes the duties and responsibilities of FCCHEN contractors and providers. Specifically, it:

1. Codifies additional requirements for FCCHEN contractors, including:
   1. Using the appropriate tools to assess FCCHEN providers, when

conducting mandated assessments.

• 1. Maintaining a developmental portfolio for each child that includes, among

other items, a child’s work product and observations of the child.

• 1. Ensuring each developmental profile is completed, using the

developmental child assessment profile selected by the department and

the developmental portfolio maintained by the provider, as specified.

• 1. Conducting a parent survey and ensuring the offerings of parent

conferences.

• 1. Monitoring each affiliated provider in meeting basic health and nutrition

and quality standards and supporting providers in meeting quality standards by assessing program components and providing technical assistance, among other things.

• 1. Conducting no less than 6 site visits for purposes of providing technical

assistance, training, support and conducting assessments.

• 1. Offering providers at least 12 hours annually of technical assistance

training that may include, among other things, developmentally

appropriate educational practices and parent engagement.

• 1. Employing at least one child development specialist who has educational

qualifications equivalent to a child development teacher permit.

• 1. Maintaining a signed, written agreement with each affiliated provider and

an authorized representative of the family child care home education

network (FCCHEN).

1. Codifies requirements for FCCHEN providers, including:
   1. Adopting curriculum or curricula, of the provider’s choosing, appropriate

for the age range of children in the home. The contractor may adopt a

policy limiting the curricula acceptable within its network, as specified.

• 1. Providing age and developmentally appropriate educational activities for

children; care and supervision of children; and nutrition that is consistent

with standards of the Child and Adult Care Food Program of the United

States Department of Agriculture.

• 1. Identifying child and family social service or health needs and share those

needs with the contractor.

• 1. Completing the developmental profile, in consultation with the contractor

by completing the developmental child assessment profile, maintaining the

developmental portfolio, documenting observations of the child’s skills and

conducting parent teacher conferences.

• 1. Providing the contractor with copies of all citations issued to the provider

by Community Care Licensing Division of the State Department of Social

Services.

• 1. Obtaining no less than 12 hours of training per year, as specified.

1. Specifies that providers or contractors are not required to maintain a parent advisory committee.
2. Makes other technical changes.

STAFF COMMENTS

1. Need for the bill. According to the author, “current law lacks consistent administration and implementation of FCCHENs, so tools used to make quality assessments may not be appropriate to family child care home settings.” This bill seeks to provide consistency in administering FCCHEN programs and codify standards for both the contracting agencies and providers.
2. Family Child Care Home Education Networks. The California Department of Education (CDE) has contracted with Networks for over 30 years to recruit licensed family home providers to provide care, place children with providers, ensure children receive an appropriate education program, provide training for both parents and providers, collect parent co-pays, and collect invoices from providers, among other responsibilities. The roles, responsibilities, and requirements that FCCHENs are required to meet, are contained in the Education Code and regulations developed by the CDE.

To date there are two types of family child care home education networks (FCCHEN) in operation. The first operates under the California Family Child Care Home Education Network contract type which utilizes the regional market rate. California Department of Education (CDE) contracts with 33 of these agencies/contractors who provide services to 2,625 children through 799 family child care home providers. The second type operates under the General Child Care and Development Program and utilizes the standard reimbursement rate. There are 60 agencies/contractors of this type serving 4,503 children. Some agencies hold contracts under both provisions. Overall there are roughly 30 to 40 FCCHENs statewide.

1. Why codify? This bill codifies existing duties and responsibilities of FCCHENs, thereby establishing a standard framework for FCCHENs. In so doing, may provide greater awareness of, and compliance with, responsibilities, and requirements. However, codification could create cost pressure to provide additional funding for the services specified in this bill. Supporters of the bill assert that given that family child care providers of independent small businesses that do not otherwise have an infrastructure of support, promoting awareness of FCCHENs that provide a structure for professional development support and resources would help build quality care in family child care home settings.
2. Related legislation. SB 1154 (Liu, 2016) updates, clarifies and codifies the duties and responsibilities of child care resource and referral programs (R&R). R&Rs provide information and services related to child care to all parents regardless of income and to all providers. This bill similarly clarifies and codifies the duties and responsibilities of family child care home education network (FCCHEN) of which provide information and services specifically to family home child care providers and contractors. SB 1154 was approved by this committee 8-1 and held in the Senate Appropriations Committee.

SUPPORT

California Child Development Administration Association

Central Valley Children’s Services Network

Child Care Alliance Los Angeles

Child Care Resource Center

Child Development Resources

Children Now

Children’s Council San Francisco

Common Sense Kids Action

First 5 California

Northern California Association of Family Child Care Home Education Networks

Northern Director’s Group

The Resource Connection

Wu Yee Children’s Services

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 598

Author:(Calderon)

As Amended Ver:January 21, 2016

Majority vote

SUMMARY: Adopts and clarifies requirements for family child care home education network (FCCHEN) contractors and providers. Specifically, this bill:

1. Adopts additional requirements for FCCHEN contractors, including, but not limited to, and as specified: using assessment tools that are appropriate to family child care home settings when conducting mandated assessments of each FCCHEN provider; clarifying steps to be taken when ensuring that a developmental profile for each child is completed; and ensuring that parent conferences are offered.
2. Adopts requirements for FCCHEN providers, including, but not limited to: providing age- and developmentally-appropriate educational activities for children; providing care and supervision of children; and providing parenting education, as specified.
3. Permits FCCHEN providers to encourage parent involvement in the provider’s home program.
4. Specifies that providers are not required to maintain a parent advisory committee.

EXISTING LAW:

1. Establishes the Child Care and Development Services Act to provide child care and development services as part of a coordinated, comprehensive, and cost-effective system serving children from birth to 13 years old and their parents including a full range of supervision, health, and support services through full- and part-time programs. (Education Code Section (EDC) 8200 et seq.)
2. Defines "child care and development services" to mean services designed to meet a wide variety of children's and families' needs while parents and guardians are working, in training, seeking employment, incapacitated, or in need of respite. (EDC 8208)
3. States the intent of the Legislature that all families have access to child care and development services, through resource and referral where appropriate, and regardless of demographic background or special needs, and that families are provided the opportunity to attain financial stability through employment, while maximizing growth and development of their children, and enhancing their parenting skills through participation in child care and development programs. (EDC 8202)
4. Requires the Superintendent of Public Instruction to administer general child care and development programs to include, among other things as specified, age- and developmentally-appropriate activities, supervision, parenting education and involvement, and nutrition. Further allows such programs to be designed to meet child-related needs identified by parents or guardians, as specified. (EDC 8240 and 8241)
5. Defines a "family child care home education network" to mean an entity organized under law that contracts with the California Department of Education (CDE), as specified, to make payments to licensed family child care home providers, and to provide educational and support services to providers and to children and families eligible for state-subsidized child care and development services. (EDC 8208(p))
6. Requires the Superintendent of Public Instruction to contract with entities organized under law to operate FCCHENs, as specified, and establishes requirements for FCCHEN programs. (EDC 8245 and 8246)

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in minor costs to CDE.

COMMENTS:

Subsidized child care: California offers subsidized child care through a number of programs, as well as State Preschool to eligible three- and four-year olds. Generally, families are eligible for subsidized child care if they meet certain requirements, including: parents earning incomes less than 70% of the 2007-08 state median income (up to approximately $42,000 per year for a family of 3); parents having a need related to work, training, or education; and children being ages 12 and under (or 21 and under if they have exceptional needs).

There are three main types of child care providers: licensed child care centers, licensed child care homes, and license-exempt providers (for example, family members, neighbors, or friends). Subsidized child care is paid for either through contracts with specific providers or vouchers that families can use for most providers. There are three main subsidized child care programs in the state, in addition to programs for special populations and the California State Preschool Program. The three main programs are:

1. California Work Opportunity and Responsibility to Kids (CalWORKs), for parents receiving or who have received CalWORKs. CalWORKs child care is paid for using vouchers and can be provided in either centers, family child care homes, or license-exempt settings;
2. Alternative Payment Programs (APPs), which allow families to choose their own child care in either centers, family child care homes, or license-exempt settings and to pay using vouchers; and
3. General Child Care, which offers child care and education/development services through contracted centers and family child care home networks that are administered through public or private agencies.

Home-based child care: Licensed family child care homes in California must be in a provider's own home and provide a home-like environment. According to the California Child Care Resource and Referral Network, the sponsors of this bill, there were approximately 30,700 licensed family child care homes in California in 2014.

Families with lower incomes may have a greater need for home-based child care, both licensed and license-exempt, compared to higher-earning families. This can be due, in part, to the types of care that are available during the nontraditional work hours encountered more often in some lower-paying jobs. For example, national data from a 2015 United States Department of Labor, Bureau of Labor Statistics report indicate that, in 2013, 40% of individuals classified as "working poor" – i.e., individuals spending at least 27 weeks in the labor force yet still earning incomes below the federal poverty level – worked in service occupations. Jobs in the service sector can often involve nontraditional and less predictable work schedules.

Family child care homes are more likely to serve the needs of families with parents that work nontraditional hours. According to the California Child Care Resource and Referral Network, in 2014, 39% of licensed family child care homes offered evening, overnight, and/or weekend care, while only 2% of child care centers did the same.

FCCHENs: FCCHENs help facilitate the provision of high-quality child care and development services in family child care home settings. CDE contracts with FCCHEN contractors to provide ongoing training and support to network providers in order to assist these family child care home providers in offering early education and child care to eligible families with children ages birth through 13 years of age. Providers must meet standards of quality set forth by CDE. Children's developmental progress is closely monitored, and children are evaluated using the Desired Results Developmental Profile (DRDP), which is a CDE-developed formative assessment instrument for young children and their families, designed to inform instruction and program development. Providers must meet a number of other requirements, including offering parent education.

FCCHENs, although not always referred to by the same name, have existed in some form in California since the 1970s. It wasn't until 2004, with AB 379 (Mullin), Chapter 897, Statutes of 2004 that they were defined in statute and that contractor requirements were adopted in state law. The rationale behind AB 379 was to codify current practice at the time and better define FCCHEN responsibilities.

Need for this bill: FCCHENs offer the ability for family child care home providers to access training and services aimed at providing quality care and education for children. The author seeks to codify current practice to provide for greater statewide consistency of services and increased access to high-quality child care options for families, specifically those with infants and toddlers.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0002598

Date of Hearing: January 21, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 598

Author:(Rendon) – As Amended Ver:January 14, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill standardizes the framework, requirements and evaluation procedures for family child care home education network (FCCHEN) contractors and providers.

FISCAL EFFECT:

1. Ongoing annual costs of $324,000 (salary, benefits and travel costs) to the California Department of Education (CDE) for one Field Services Consultant to conduct the additional monitoring visits required in the bill.
2. One-time cost of $72,000 to CDE to develop regulations for the implementation of a universal complaint procedure.

COMMENTS:

1. Purpose. FCCHENs offer the ability for family child care home providers to access training and services aimed at providing high-quality care and education for children. According to the author, “Family Child Care Home Education Networks offer a promising practice model for the state to improve the quality of family child care options in California. It is time to take all the lessons learned through the nearly twenty years of operating these programs and codify the programs to provide for greater statewide consistency of services and increase access to high quality options for families specifically those with infants and toddlers.” This bill provides a uniform statutory framework that incorporates best and promising practices regarding FCCHENs.
2. Background. FCCHENs help facilitate the provision of high-quality child care and development services in family child care home settings. The CDE contracts with FCCHEN contractors to provide ongoing training and support to qualified network providers. Providers must meet standards of quality set forth by CDE. Children’s developmental progress is closely monitored, and children are evaluated using the Desired Results Developmental Profile (DRDP), which is a CDE-developed formative assessment instrument for young children and their families, designed to inform instruction and program development. Providers must meet a number of other requirements, including offering parent education.

There are two types of FCCHENs in operation. The first operates under the California Family Child Care Home Education Network contract type (CFCC) which utilizes the regional market rate. CDE contracts with 33 agencies/contractors of this type. The second type operates under the General Child Care and Development Program (CCTR) and utilizes the standard reimbursement rate.  There are 60 agencies/contractors of this type. Some agencies hold contracts under both provisions. As of April 2015, there were 83 FCCHEN separate contractors serving 1,556 licensed family child care homes which, in turn, served 6,853 children.

1. Technical amendment. There are two types of FCCHENs in operation in California, but the bill, as written, inadvertently only covers one type. The bill should be amended to correct this oversight.
2. Prior Legislation. AB 379 (Mullin), Chapter 897, Statutes of 2004, defined FCCHENs in statute and adopted requirements regarding FCCHEN programs.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: January 12, 2016

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Kansen Chu, Chair

ABPCA Bill Id:AB 598 (

Author:Rendon) – As Amended Ver:January 4, 2016

SUBJECT: Child care: family child care home education networks

SUMMARY: Specifically, this bill:

1. Adopts additional requirements for family child care home education network (FCCHEN) contractors, including:
   1. Using assessment tools that are appropriate to family child care home settings when conducting mandated assessments, as specified, of each FCCHEN provider;
   2. Clarifying steps to be taken when ensuring that a developmental profile for each child is completed, as specified, which include, but are not limited to, collaboratively completing the developmental child assessment profile selected by the department and conducting a parent survey concerning his or her child’s developmental progress as directed by the department and incorporating it into the developmental profile;
   3. Conducting a minimum of nine site visits per calendar year to each affiliated provider for purposes of conducting assessments and providing technical assistance, training, and support;
   4. Supporting affiliated providers in meeting standards for program quality, as specified;
   5. Offering providers at least 12 hours of training and technical assistance, as specified, with training topics including, but not limited to, appropriate care and supervision of children, parenting and parent involvement in the development of children, and provider and family communication;
   6. Implementing a universal complaint procedure, as specified, that complies with regulations adopted by the California Department of Education (CDE);
   7. Employing at least one child development specialist, as specified, to provide training, technical assistance, and coaching to providers; and
   8. Maintaining a signed, written agreement with each affiliated provider and an authorized representative of the FCCHEN to include, but not be limited to, the provider’s status as an independent contractor with the FCCHEN, the provider’s nondiscrimination policy, and the established reimbursement rates.
2. Adopts requirements for FCCHEN providers, including:
3. Using a curriculum or curricula of the provider’s choosing, and appropriate for the age range of the children in the home, and that, where applicable, abide by any policy that the contractor may adopt limiting the curricula acceptable within the network, as specified;
4. Providing age- and developmentally-appropriate educational activities for children;
5. Providing care and supervision of children;
6. Providing parenting education to parents, as specified;
7. Identifying child and family social service or health needs, and sharing those needs with the contractor;
8. Providing nutrition that is consistent with the standards of the United States Department of Agriculture’s Child and Adult Care Food Program;
9. Collaborating with the contractor in completion of the developmental profile for each child, as specified;
10. Providing the contractor with copies of all citations issued to the provider by the Community Care Licensing Division within the Department of Social Services within five calendar days of the issuing date of the citation; and
11. Obtaining no less than 12 hours of professional training per year, as specified, and maintaining documentation of this training for three years.
12. Permits FCCHEN providers to encourage parent involvement in the provider’s home program.
13. Specifies that providers are not required to maintain a parent advisory committee.
14. Makes additional technical amendments.

EXISTING LAW:

1. Establishes the Child Care and Development Services Act to provide child care and development services as part of a coordinated, comprehensive, and cost-effective system serving children from birth to 13 years old and their parents including a full range of supervision, health, and support services through full- and part-time programs. (EDC 8200 et seq.)
2. Defines “child care and development services” to mean services designed to meet a wide variety of children’s and families’ needs while parents and guardians are working, in training, seeking employment, incapacitated, or in need of respite. (EDC 8208)
3. States the intent of the Legislature that all families have access to child care and development services, through resource and referral where appropriate, and regardless of demographic background or special needs, and that families are provided the opportunity to attain financial stability through employment, while maximizing growth and development of their children, and enhancing their parenting skills through participation in child care and development programs. (EDC 8202)
4. Requires the Superintendent of Public Instruction to administer general child care and development programs to include, among other things as specified, age- and developmentally-appropriate activities, supervision, parenting education and involvement, and nutrition. Further allows such programs to be designed to meet child-related needs identified by parents or guardians, as specified. (EDC 8240 and 8241)
5. Defines a “family child care home education network” to mean an entity organized under law that contracts with CDE, as specified, to make payments to licensed family child care home providers, and to provide educational and support services to providers and to children and families eligible for state-subsidized child care and development services. (EDC 8208(p))
6. Requires the Superintendent of Public Instruction to contract with entities organized under law to operate FCCHENs, as specified, and establishes requirements for FCCHEN programs. (EDC 8245 and 8246)

FISCAL EFFECT: Unknown.

COMMENTS:

Subsidized child care: California offers subsidized child care through a number of programs, as well as State Preschool to eligible three- and four-year olds. Generally, families are eligible for subsidized child care if they meet certain requirements, including: parents earning incomes less than 70% of the 2007-08 state median income (up to approximately $42,000 per year for a family of 3); parents having a need related to work, training, or education; and children being ages 12 and under (or 21 and under if they have exceptional needs).

There are three main types of child care providers: licensed child care centers, licensed child care homes, and license-exempt providers (for example, family members, neighbors, or friends). Subsidized child care is paid for either through contracts with specific providers or vouchers that families can use for most providers. There are three main subsidized child care programs in the state, in addition to programs for special populations and the California State Preschool Program. The three main programs are:

• California Work Opportunity and Responsibility to Kids (CalWORKs), for parents receiving or who have received CalWORKs. CalWORKs child care is paid for using vouchers and can be provided in either centers, family child care homes, or license-exempt settings;
• Alternative Payment Programs (APPs), which allow families to choose their own child care in either centers, family child care homes, or license-exempt settings and to pay using vouchers; and
• General Child Care, which offers child care and education/development services through contracted centers and family child care home networks that are administered through public or private agencies.

In 2015-16, there are approximately 200,000 subsidized child care slots offered across the various programs, as well as close to 160,000 State Preschool slots.

Home-based child care: Licensed family child care homes in California must be in a provider’s own home and provide a home-like environment. According to the California Child Care Resource and Referral Network, the sponsors of this bill, there were approximately 30,700 licensed family child care homes in California in 2014.

Families with lower incomes may have a greater need for home-based child care, both licensed and license-exempt, compared to higher-earning families. This can be due, in part, to the types of care that are available during the nontraditional work hours encountered more often in some lower-paying jobs. For example, national data from a 2015 United States Department of Labor, Bureau of Labor Statistics report indicate that, in 2013, 40% of individuals classified as “working poor” – i.e., individuals spending at least 27 weeks in the labor force yet still earning incomes below the federal poverty level – worked in service occupations. Jobs in the service sector can often involve nontraditional and less predictable work schedules.

Family child care homes are more likely to serve the needs of families with parents that work nontraditional hours. According to the California Child Care Resource and Referral Network, in 2014, 39% of licensed family child care homes offered evening, overnight, and/or weekend care, while only 2% of child care centers did the same.

Family Child Care Home Education Networks: FCCHENs help facilitate the provision of high-quality child care and development services in family child care home settings. CDE contracts with FCCHEN contractors to provide ongoing training and support to network providers in order to assist these family child care home providers in offering early education and child care to eligible families with children ages birth through 13 years of age. Providers must meet standards of quality set forth by CDE. Children’s developmental progress is closely monitored, and children are evaluated using the Desired Results Developmental Profile (DRDP), which is a CDE-developed formative assessment instrument for young children and their families, designed to inform instruction and program development. Providers must meet a number of other requirements, including offering parent education.

As of April 2015, there were 83 FCCHEN contractors serving 1,556 licensed family child care homes which, in turn, provided care and education for 6,853 children.

FCCHENs, although not always referred to by the same name, have existed in some form in California since the 1970s. It wasn’t until 2004, with AB 379 (Mullin), Chapter 897, Statutes of 2004 that they were defined in statute and that contractor requirements were adopted in state law. The rationale behind AB 379 was to codify current practice at the time and better define FCCHEN responsibilities.

Need for this bill: FCCHENs offer the ability for family child care home providers to access training and services aimed at providing high-quality care and education for children. According to the author, “Family Child Care Home Education Networks offer a promising practice model for the state to improve the quality of family child care options in California. It is time to take all the lessons learned through the nearly twenty years of operating these programs and codify the programs to provide for greater statewide consistency of services and increase access to high quality options for families specifically those with infants and toddlers.”

Recommended amendments:

1. In order to make clear the definition of a “developmental portfolio,” committee staff recommends the following amendments:

On page 3, after line 7, insert:

(9) Maintenance of a folder, known as the developmental portfolio, for each child that includes, among other items, a child’s work products and observations of the child by the provider and/or child development specialist.

On page 3, beginning on line 29:

(2) Utilizing the developmental portfolio, as defined in paragraph (9) of subsection (b) of Section 8245, maintained by the provider, including provider observations of each child.

On page 6, beginning on line 16:

(B) Maintaining a developmental portfolio, as defined in paragraph (9) of subsection (b) of Section 8245, for each child that includes items produced by the child.

1. In order to make clear that the requirement for FCCHEN contractors regarding parent conferences is not related to requirements regarding developmental profiles, committee staff recommends the following amendments to subsection (e) of Section 8246, on page 3 of the bill:

On page 3, strike lines 31 and 32, and after line 35, insert:

(f) Ensure that parent conferences are offered to the parent of each enrolled child. The parent may decline a parent conference.

PRIOR LEGISLATION:

AB 379 (Mullin), Chapter 897, Statutes of 2004, defined FCCHENs in statute and adopted requirements regarding FCCHEN programs.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089