Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures to authorize licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions.

This bill would require a day care center with a toddler program to extend the toddler program to serve children between 18 months and 3 years of age, and would make conforming changes relating to the guidelines and procedures the department is required to develop. By changing the definition of an existing crime, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures to authorize licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions.

This bill would require a day care center with a toddler program to extend the toddler program to serve children between 18 months and 3 years of age, and would make conforming changes relating to the guidelines and procedures the department is required to develop. By changing the definition of an existing crime, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures to authorize licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions.

This bill would require a day care center with a toddler component program to extend the toddler component program to serve children between 18 months to and 3 years of age, and would make conforming changes relating to the guidelines and procedures the department is required to develop. By changing the definition of an existing crime, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures to authorize licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions.

This bill would require a day care center with a toddler component to extend the toddler component to serve children 18 months to 3 years, inclusive, years of age, and would make conforming changes relating to the guidelines and procedures the department is required to develop. By changing the definition of an existing crime, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures to authorize licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions.

This bill would require the department to adopt regulations, on or before January 1, 2018, to develop and implement a single integrated license for a day care center serving children from birth to kindergarten. The bill would require the regulations to include age-appropriate transition times, as specified, and a requirement that an integrated license list the age groups of children being served at the day care center. The bill would require, between January 1, 2018, and December 31, 2018, an existing day care center license to be converted to a single integrated child care license upon annual renewal of the license, and would require that until a day care center has the new integrated license, standards for inspection of a day care center to be based on the current license. The bill would also require a day care center with a toddler component to extend the toddler component to serve children 18 months to 3 years, inclusive, years of age and would repeal the provisions relating to a toddler program component on January 1, 2018. of age, and would make conforming changes relating to the guidelines and procedures the department is required to develop. By changing the definition of an existing crime, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures to permit authorize licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions.

This bill would require the department to adopt regulations, on or before January 1, 2018, to develop and implement an a single integrated license for a day care center serving children from birth to kindergarten. The bill would require an applicant for the integrated license to meet specified basic requirements in addition to the current safety and care standards, including, specified staff-child ratios and requirements pertaining to indoor and outdoor activity space. the regulations to include age-appropriate transition times, as specified, and a requirement that an integrated license list the age groups of children being served at the day care center. The bill would require, between January 1, 2018, and December 31, 2018, an existing day care center license to be converted to a single integrated child care license upon annual renewal of the license, and would require that until a day care center has the new integrated license, standards for inspection of a day care center to be based on the current license. The bill would also require a day care center with a toddler component to extend the toddler component to serve children 18 months to 3 years, inclusive, years of age and would repeal the provisions relating to a toddler program component on January 1, 2018. By changing the definition of an existing crime, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures to permit licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions.

This bill would require the department to adopt regulations, on or before January 1, 2018, to develop and implement an integrated license for a day care center serving children from birth to kindergarten. The bill would require an applicant for the integrated license to meet specified basic requirements in addition to the current safety and care standards, including, specified staff-child ratios and requirements pertaining to indoor and outdoor activity space. The bill would also repeal the provisions relating to a toddler program component on January 1, 2018. By changing the definition of an existing crime, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 762

Author:(Mullin)

As Amended Ver:August 18, 2015

Majority vote

Original Committee Reference: HUM. S.

SUMMARY: Expands the age range of the childcare optional toddler component. Specifically, this bill:

1. Increases the upper age limit for optional toddler programs authorized by the Department of Social Services (DSS) from 30 months to three years of age.

2. Directs infant and preschool-age day care centers with an optional toddler program to, beginning January 1, 2016, extend the toddler component to serve children up to three years old.

The Senate amendments apply the extension of the upper age limit of optional toddler programs to child care centers serving preschool-age children.

EXISTING LAW:

1. Establishes the California Child Day Care Facilities Act, creating a separate licensing category for child day care centers and family day care homes within DSS's existing licensing structure. (Health and Safety Code (HSC) Section 1596.70 et seq.)

2. Defines "day care center" to include infant centers, preschools, extended day care facilities, and school-age child care centers. (HSC Section 1596.76)

3. Requires any person or entity operating, as specified, as child day care facility in California to have a current valid license. (HSC Section 1596.80)

4. Directs DSS to develop guidelines and procedures for authorizing licensed child day care centers serving preschool-age children and licensed child day care centers serving infants to create a special optional toddler program for children between the ages of 18 months and 30 months and further requires this optional toddler program to meet certain requirements, as specified. (HSC Sections 1596.955 and 1596.956)

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Licensed child care: The California Child Day Care Facilities Act governs the licensure and operation of child day care centers and family day care homes. This law and the attendant regulations found in California Code of Regulations Title 22 establish general health and safety requirements, staff-to-child ratios, and provider training requirements.

Infant centers serve children under two years old, preschool child care centers serve children between the age of two and when they start school, and school-age child care centers serve children who have entered the first grade or are in a child care program exclusively for children in kindergarten and above. A "combination center" is any combination of an infant center, preschool child care center, school-age child care center and child care center for mildly ill children that is owned and operated by one licensee at a common address. In California, separate licenses are currently required for serving infants and for serving preschool-age children. Thus, owner/operators of combination centers serving both populations must get two licenses and undergo separate inspection and compliance processes for each license.

Toddler program: In 1988, the Senate Select Committee on Children and Youth and the Senate Select Committee on Infant and Child Care and Development convened a task force to examine what at the time were the two basic licensing categories for child care centers: an infant category for children up to two years of age, and a second category for children between the ages of two and 12. This task force recommended the establishment of a third optional category for toddlers between the ages of 18 months and 30 months. SB 629 (Morgan), Chapter 1079, Statutes of 1989, established this optional license category for day care programs and SB 434 (Morgan), Chapter 246, Statutes of 1993, refined and made the optional program permanent.

As it currently exists, the optional toddler program is available to both centers that serve preschool-age children and centers that serve infants. These centers can create a special program component for children between the ages of 18 months and 30 months; the program has its own staffing ratio and maximum group size requirements, but is considered an extension of the infant or preschool license and does not require a separate license. The toddler program is to be located in areas separate from those used by younger and older children. Children can only be placed in this program with parental consent. A toddler who is more than 30 months of age may participate in an optional toddler program with parental permission.

This bill's extension of the optional toddler program to children up to 36 months of age will help provide flexibility and continuity of care to children and their parents.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0001449

 THIRD READING  

Bill No: AB 762

Author: Mullin (D), et al.

Amended: 8/18/15 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/14/15

AYES: McGuire, Berryhill, Hancock, Liu, Nguyen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 6/4/15 - See last page for vote

SUBJECT: Day care centers: toddler programs

SOURCE: Author

DIGEST: This bill requires a day care center with a toddler component to extend the toddler component to serve children 18 months to three years, and requires that the California Department of Social Services (CDSS) issue conforming guidelines.

Senate Floor Amendments of 8/18/15 add one coauthor, and change the description of a toddler “component” to a toddler “program,” in addition to other minor, technical edits.

ANALYSIS:

Existing law:

1. Establishes the California Child Day Care Facilities Act, with stated legislative intent to provide a comprehensive quality system for licensing child day care facilities separate from other facility types within the existing licensing system at CDSS because this system of licensure requires a special understanding of the unique characteristics and needs of child served by child day care facilities. (HSC 1596.70)

2. Defines a child day care facility to mean a facility that provides nonmedical care to children under 18 years of age including day care centers, employer-sponsored child care centers, and family day care homes; and defines a day care center to include any child day care facility other than a family day care home, including infant centers, preschools, extended day care facilities, and school age child care centers. (HSC 1596.750, HSC 1596.76)

3. Defines an infant as a child under two years of age. (22 CCR § 101152 (i))

4. Requires CDSS to develop guidelines and procedures to authorize licensed child day care centers serving infants to create a special program component for children between the ages of 18 months and 30 months, as specified. (HSC 1596.956)

5. Requires CDSS to develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between the ages of 18 months and 30 months, as specified. (HSC 1596.955)

6. Establishes in regulation separate staff-to-child ratios, the requirement to provide a toddler program separate from the infant program and other requirements for the optional toddler program in a child day care facility (CCR Title 22, Section 101417)

7. Permits a child whose developmental needs require continuation in an infant care center to remain in an infant care center up to a maximum age of three years. (CCR Title 22, Section 101361)

This bill:

1. Requires a day care center serving preschool age children that includes an optional toddler component to extend the toddler component to serve children between 18 months and three years of age commencing January 1, 2016. States legislative intent to provide continuity of care to California’s children and parents.

2. Makes a parallel change for a day care center serving infants that includes an optional toddler component.

3. Requires CDSS to modify guidelines and procedures for authorizing the optional toddler component of an infant day care program from the existing 18- to 30-months to 18 months to three years.

Background

Infant and toddler development. The ages between birth and age three are critical in a child’s life, a time of the most rapid brain development, including learning gross- and fine-motor activities, the development of language, synaptic development and dynamic changes. One especially critical growth stage during this time is the development of attachment to parents and caretakers which, according to researchers, takes place most substantially between birth and age five. If an attachment does not develop in this period then a child may suffer from irreversible developmental consequences, including an inability to bond with peers or adults through the lifetime, reduced intelligence and increased aggression.

In that context, researchers also found that when children are in safe, nurturing, and high-quality settings, maintaining the primary caregiving relationship until the child is at least three years old is an important effort to support continuity for the child and family.

Another milestone of development for toddlers is the ability to toilet. According to the National Institutes of Health, most children in Western countries achieve bladder and bowel control between 24 and 48 months of age, although the question of when to toilet train is highly individualized and “reaching this developmental milestone may be difficult for both the child and parents.” Advancement in child care settings may be tied to the achievement of potty training.

Day Care Centers. As of May, CDSS licensed 1,972 infant centers with a total capacity of 45,071 children and an additional 10,480 day care centers with a capacity for 591,745 toddlers and preschoolers. Current regulations allow child care centers with an infant license to serve children between 0 and 24 months, unless they apply to DSS for the toddler option, allowing them to continue caring for children up to 30 months of age. A waiver must be filed for each child pursuing the toddler option. CDSS does not have records of how many toddler option waivers have been filed. Preschool licenses may begin at either 24 or 36 months, leaving a potential gap for children who exit infant care at 24 months and enter preschool care at 36 months. This bill seeks to address that gap by extending the ability of an infant center to use the existing toddler permit process up to 36 months, rather than ending it at 30 months, as is current law.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/17/15)

Advancement Project

Alameda County Developmental Disabilities Planning and Advisory Council

Association of California School Administrators

California Association for the Education of Young Children

California Child Care Coordinators Association

California Child Care Resource & Referral Network

California Child Development Administrators Association

California Head Start Association

Californians for Quality Early Learning

California State PTA

Child Care Partnership Council

Child Care Resource Center

Children Now

County of Contra Costa

County of San Mateo

Early Edge California

East Bay Developmental Disabilities Legislative Coalition

Easter Seals

Footsteps Child Care

Institute for Human and Social Development

Kidango

Los Angeles County Office of Education

Metropolitan Area Advisory Committee on Anti-Poverty of San Diego County

Pacific Clinics

Peninsula Family Service

Professional Association for Childhood Education

San Francisco Child Care Planning and Advocacy Council

Santa Clara County Office of Education

ARGUMENTS IN SUPPORT: According to the author, AB 762 bridges the gap in care for some children between the age of 30 and 36 months by extending the toddler option from 30 months to three years of age. The state’s Community Care Licensing division provides and administers licenses for infants, defined as birth to two years, and Preschoolers, defined as either 24 months or 36 months to entering first grade. The "Toddler Component" is an optional licensing component of an infant or preschool care program designed for children between the ages of 18 months and 30 months. Programs must apply for a waiver for each individual child to allow them to stay in the Toddler classroom until 30 months.

This bill closes the gap for a child who might lose care from 30 to 36 months as most preschool classrooms serve children from three years old until they enter kindergarten. In this situation, children lose the benefits of continuity of care and developmental gains, and their parents must often leave jobs or school to care for them, the author states.

ASSEMBLY FLOOR: 78-0, 6/4/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Dahle, Jones

Prepared by: Mareva Brown / HUMAN S. / (916) 651-1524

8/20/15 16:37:13

**** END ****

SENATE COMMITTEE ON HUMAN SERVICES

Senator McGuire, Chair

2015 - 2016 Regular

Bill No: AB 762

Subject: Day care centers: integrated licensing

SUMMARY

This bill requires a day care center with a toddler component to extend the toddler component to serve children 18 months to 3 years, and requires that the California Department of Social Services (CDSS) issue conforming guidelines.

ABSTRACT

Existing law:

1. Establishes the California Child Day Care Facilities Act, with stated Legislative intent to provide a comprehensive quality system for licensing child day care facilities separate from other facility types within the existing licensing system at CDSS because this system of licensure requires a special understanding of the unique characteristics and needs of child served by child day care facilities. (HSC 1596.70)

2. Defines a child day care facility to mean a facility that provides nonmedical care to children under 18 years of age including day care centers, employer-sponsored child care centers, and family day care homes; Defines a day care center to include any child day care facility other than a family day care home, including infant centers, preschools, extended day care facilities, and school age child care centers. (HSC 1596.750, HSC 1596.76)

3. Defines an infant as a child under two years of age (22 CCR § 101152 (i))

4. Requires CDSS to develop guidelines and procedures to authorize licensed child day care centers serving infants to create a special program component for children between the ages of 18 months and 30 months, as specified. (HSC 1596.956)

5. Requires CDSS to develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between the ages of 18 months and 30 months, as specified. (HSC 1596.955)

6. Establishes in regulation separate staff-to-child ratios, the requirement to provide a toddler program separate from the infant program and other requirements for the optional toddler program in a child day care facility (CCR Title 22, Section 101417)

7. Permits a child whose developmental needs require continuation in an infant care center to remain in an infant care center up to a maximum age of three years. (CCR Title 22, Section 101361)

This bill:

1. Requires a day care center with a toddler component to extend the toddler component to serve children between 18 months and three years of age commencing January 1, 2016, and states Legislative intent to provide continuity of care to California’s children and parents.

2. Requires CDSS to modify guidelines and procedures for authorizing the optional toddler component of an infant day care program from the existing 18- to 30-months to 18 months to three years.

FISCAL IMPACT

According to an Assembly analysis, this bill will result in one-time costs to DSS of likely less than $100,000 for regulatory and policy changes.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, AB 762 bridges the gap in care for some children between the age of 30 and 36 months by extending the toddler option for infant child care licenses to three years. Community Care Licensing (CCL) provides and administers licenses for infants (birth to two yrs.) and Preschoolers (two years to entering first grade). The "Toddler Component" means the component of an infant or preschool care program license designed for children between the ages of 18 months and 30 months. Programs may apply for a waiver for each individual child to allow them to stay in the Toddler classroom until 30 months.

According to the author, this is a time-consuming process and ultimately is up to the discretion and time available to process the multiple requests of local licensing analysts. However, the waiver still doesn’t resolve the potential for a child to lose care from 30 to 36 months as most preschool classrooms serve children from three years old until they enter kindergarten. In this situation children lose the benefits of continuity of care and developmental gains, and their parents must often leave jobs or school to care for them, the author states.

Infant and toddler development

The ages between birth and age three are critical in a child’s life, a time of the most rapid brain development, including learning gross- and fine-motor activities, the development of language, synaptic development and dynamic changes.¹ One especially critical growth stage during this time is the development of attachment to parents and caretakers which, according to researchers, takes place most substantially between birth and age five.  If an attachment does not develop in this period then a child may suffer from irreversible developmental consequences, including an inability to bond with peers or adults through the lifetime, reduced intelligence and increased aggression.² In that context, researchers also found that when children are in safe, nurturing, and high-quality settings, maintaining the primary caregiving relationship until the child is at least three years old is an important effort to support continuity for the child and family.³

Another milestone of development for toddlers is the ability to toilet. According to the National Institutes of Health,⁴ most children in Western countries achieve bladder and bowel control between 24 and 48 months of age, although the question of when to toilet train is highly individualized and “reaching this developmental milestone may be difficult for both the child and parents.” Advancement in child care settings may be tied to the achievement of potty training.

Day Care Centers

As of May, CDSS licensed 1,972 infant centers with a total capacity of 45,071 children and an additional 10,480 day care centers with a capacity for 591,745 toddlers and preschoolers. Current regulations allow child care centers with an infant license to serve children between 0 and 24 months, unless they apply to DSS for the toddler option, allowing them to continue caring for children up to 30 months of age. A waiver must be filed for each child pursuing the toddler option. CDSS does not have records of how many toddler option waivers have been filed,

Preschool licenses may begin at either 24 or 36 months, leaving a potential gap for children who exit infant care at 24 months and enter preschool care at 36 months. This bill seeks to address that gap by extending the ability of an infant center to use the existing toddler permit process up to 36 months, rather than ending it at 30 months, as is current law.

Related legislation:

SB 629 (Morgan, Chapter 1079, Statutes of 1989) established this optional license category for day care programs

SB 434 (Morgan, Chapter 246, Statutes of 1993) refined and made the optional program permanent.

COMMENTS

Current statute permits a toddler waiver for an infant center up to 30 months. This bill additionally would give centers that have both infant and preschool licenses the flexibility to transition children into the preschool portion of the program later in order to accommodate kindergarten departure schedules, and children who need additional time to reach developmental milestones, potty train or adjust socially to the transition.

In order for waiver to conform to all types of child education programs, staff recommends the following amendment:

HSC 1596.955. (a) The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between the ages of 18 months and 30 months.  18 and 36 months of age. This optional toddler program shall be subject to the following basic conditions:

1. An amended application is submitted to and approved by the department.

2. No child shall be placed in the preschool program before the age of 30 months without parental permission. A child who is more than 30 months of age may participate in the toddler program with parental permission.

3. Parents give permission for the placement of their children in the toddler program.

4.  A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.

5. The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers.

6. The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.

7. All other preschool regulations are complied with.

(b) The toddler program shall be considered an extension of the preschool license, without the need for a separate license.

(c) The department shall immediately prepare proposed regulations for public hearing which would consider the foregoing basic conditions as well as any additional health and safety safeguards deemed necessary for this age group.

(d) The guidelines in subdivision (a) shall remain in force and effect only until regulations implementing this section are adopted by the department.

(e) Commencing January 1, 2016, a day care center with a toddler component pursuant to this section shall extend the toddler component to serve children between 18 months to three years of age. It is the intent of the Legislature to provide continuity of care to California’s children and parents in the implementation of this subdivision.

PRIOR VOTES

POSITIONS

Support:

Advancement Project

Alameda County Developmental Disabilities Planning and Advisory Council

Association of California School Administrators

California Association for the Education of Young Children

California Child Care Coordinators Association

California Child Care Resource & Referral Network

California Child Development Administrators Association

California Head Start Association

Californians for Quality Early Learning

California State PTA

Child Care Partnership Council

Child Care Resource Center

Children Now

Contra Costa County

County of San Mateo

Early Edge California

East Bay Developmental Disabilities Legislative Coalition

Easter Seals

Footsteps Child Care

Institute for Human and Social Development

Kidango

Los Angeles County Office of Education

MAAC

Pacific Clinics

Peninsula family Service

Professional Association for Childhood Education

San Francisco Child Care Planning and Advocacy Council

Santa Clara County Office of Education

Oppose:

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 762

Author:(Mullin)

As Amended Ver:June 1, 2015

Majority vote

SUMMARY: Expands the age range of the childcare optional toddler component. Specifically, this bill:

1. Increases the upper age limit for optional toddler programs authorized by the Department of Social Services (DSS) from 30 months to 36 months.

2. Directs day care centers with an optional toddler program to, beginning January 1, 2016, extend the toddler component to serve children up to three years old.

EXISTING LAW:

1. Establishes the California Child Day Care Facilities Act, creating a separate licensing category for child day care centers and family day care homes within DSS's existing licensing structure. (Health and Safety Code (HSC) Section 1596.70 et seq.)

2. Defines "day care center" to include infant centers, preschools, extended day care facilities, and school-age child care centers. (HSC Section 1596.76)

3. Requires any person or entity operating, as specified, as child day care facility in California to have a current valid license. (HSC Section 1596.80)

4. Directs DSS to develop guidelines and procedures for authorizing licensed child day care centers serving preschool-age children and licensed child day care centers serving infants to create a special optional toddler program for children between the ages of 18 and 30 months and further requires this optional toddler program to meet certain requirements, as specified. (HSC Sections 1596.955 and 1596.956)

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in one-time costs to DSS of likely less than $100,000 for regulatory and policy changes.

COMMENTS:

Licensed child care: The California Child Day Care Facilities Act governs the licensure and operation of child day care centers and family day care homes. This law and the attendant regulations found in California Code of Regulations Title 22 establish general health and safety requirements, staff-to-child ratios, and provider training requirements.

Infant centers serve children under two years old, preschool child care centers serve children between the age of two and when they start school, and school-age child care centers serve children who have entered the first grade or are in a child care program exclusively for children in kindergarten and above. A "combination center" is any combination of an infant center, preschool child care center, school-age child care center and child care center for mildly ill children that is owned and operated by one licensee at a common address. In California, separate licenses are currently required for serving infants and for serving preschool-age children. Thus, owner/operators of combination centers serving both populations must get two licenses and undergo separate inspection and compliance processes for each license.

Toddler program: In 1988, the Senate Select Committee on Children and Youth and the Senate Select Committee on Infant and Child Care and Development convened a task force to examine what at the time were the two basic licensing categories for child care centers: an infant category for children up to two years of age, and a second category for children between the ages of two and 12. This task force recommended the establishment of a third optional category for toddlers between the ages of 18 and 30 months. SB 629 (Morgan), Chapter 1079, Statutes of 1989, established this optional license category for day care programs and SB 434 (Morgan), Chapter 246, Statutes of 1993, refined and made the optional program permanent.

As it currently exists, the optional toddler program is available to both centers that serve preschool-age children and centers that serve infants. These centers can create a special program component for children between the ages of 18 and 30 months; the program has its own staffing ratio and maximum group size requirements, but is considered an extension of the infant or preschool license and does not require a separate license. The toddler program is to be located in areas separate from those used by younger and older children. Children can only be placed in this program with parental consent. A toddler who is more than 30 months of age may participate in an optional toddler program with parental permission.

This bill's extension of the optional toddler program to children up to 36 months of age will help provide flexibility and continuity of care to children and their parents.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0000813

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 762

Author:(Mullin) – As Amended Ver:April 8, 2015

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

SUMMARY: This bill directs the Department of Social Services (DSS) to create a single license for day care centers serving children from birth to kindergarten. Specifically, this bill:

1. Directs DSS, in consultation with stakeholders including the California Department of Education, to adopt regulations to develop and implement a single integrated license for a day care center serving children from birth to kindergarten by January 1, 2018.

2. Requires, during the period of January 1, 2018, to December 1, 2018, an existing day care license to be converted to a single integrated license upon annual renewal and that, prior to this conversion, a day care center licensee continue to meet regulatory requirements and inspection standards for the age groups of children receiving care in that center.

3. States that licensees shall not be required to pay an additional fee for this conversion to a single integrated license, other than the annual fee, and that a new applicant for a single integrated license may be charged a fee commensurate with the previous cost for dual licenses.

4. Directs day care centers with an optional toddler program to, beginning January 1, 2016, extend the toddler component to children up to three years old, and repeals the optional toddler program beginning January 1, 2018.

FISCAL EFFECT:

1. One-time costs to DSS in the range of $210,000 to $250,000 (GF) annually, in 2016 and 2017, assuming two full-time analyst positions and one part-time office assistant position, to staff and conduct the stakeholder meetings and meet other requirements of the regulatory process described in the bill. Additional potential costs for travel and per diem.

2. One-time costs to DSS in the range of $100,000 to $200,000 (GF) for regulatory and policy development due to the tight timeframe and complex nature of the proposed regulations.

3. Unknown, but potentially significant costs to DSS between January 1, 2018, and December 31, 2018, for case management workload to manually convert all license types to an integrated license as each license becomes eligible for renewal. Additionally, the phase-in approach contained in the bill will require DSS to maintain parallel licensing and inspection structures during the year-long conversion process.

4. Unknown, but likely minor costs to DSS to educate and train staff for the fee renewal conversion process and on the new regulations for facility inspection purposes.

5. Potential fee increase for current providers. The bill, as written, creates a dual fee structure for providers with new applicants paying more than existing providers will pay to convert their existing license. The bill is silent on whether the lower fee for current providers will persist in future years or whether current providers will pay the higher fee charged to new applicants going forward.

6. Staff notes that the full extent of the implementation costs will not be known until the new regulations are developed.

COMMENTS:

1. Purpose. According to the author, this bill “streamlines the bifurcated child care licensing system by creating a single license that reduces the administrative burden, removes the ‘toddler component’ option process, and aids centers in keeping child care slots filled by preventing the immediate movement of children based on their birthdate.”

2. Background: The California Child Day Care Facilities Act governs the licensure and operation of child day care centers and family day care homes. This law, and adopted regulations, establish general health and safety requirements, staff-to-child ratios, and provider training requirements.

The Community Care Licensing Division (CCLD) of DSS is responsible for licensing and monitoring the state’s 10,453 day care centers, which, as of June 30, 2014, provided 588,058 child care slots. CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes at least once every five years. CCLD also conducts annual visits of facilities with poor histories of compliance and those that are required to have yearly visits by federal law. Additionally, 30% of those facilities not required to be inspected yearly are randomly selected for annual inspection. The Governor's 2015-16 January budget proposal requires DSS to phase-in increased inspection frequency to once every three years starting January 2017, for all facilities, including child care facilities.

Infant centers serve children less than two years old, preschool child care centers serve children between the ages of two and when they start school, and school-age child care centers serve children who have entered the first grade or are in a child care program exclusively for children in kindergarten and above. A “combination center” is any combination of centers that is owned and operated by one licensee at a common address. In California, separate licenses are required for serving infants and for serving preschool-age children. Thus, owner/operators of combination centers serving both populations must get two licenses and undergo separate inspection and compliance processes for each license.

In addition, an optional toddler program is available to both centers that serve preschool-age children and centers that serve infants. These centers can create a special program component for children between the ages of 18 and 30 months; the program has its own staffing ratio and maximum group size requirements, but is considered an extension of the infant or preschool license and does not require a separate license.

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

Date of Hearing: April 14, 2015

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Kansen Chu, Chair

ABPCA Bill Id:AB 762

Author:(Mullin) – As Amended Ver:April 8, 2015

SUBJECT: Day care centers: integrated licensing

SUMMARY: Directs the Department of Social Services (DSS) to create a single license for day care centers serving children from birth to kindergarten.

Specifically, this bill:

1. Makes certain Legislative findings and declarations pertaining to the early care licensing system in California and its separate treatment of infants and toddlers and preschool-age children.

1. Declares the intent of the Legislature to require the following under a new, integrated day care licensing structure:

2. Grouping children together by age-appropriate developmental levels and following appropriate staff-child ratios and group-sized regulations;

3. Transitioning children from age-appropriate settings when their developmental level warrants this move;

4. Considering a child’s chronological age and the entire group’s need when making decisions regarding moving a child;

5. Ensuring supervision of all children by teachers and aides with appropriate qualifications;

6. Grouping toddlers with either infants or preschoolers as long as the requirements applicable to the youngest age group are followed;

7. Placing emphasis on improving quality of care and education for children from birth to kindergarten placed in center-based programs;

8. Promoting long-term efficiency within the Community Care Licensing Division (CCLD) of DSS through eliminating duplicate paperwork and compliance visits to day care centers; and

9. Conducting day care center inspections based on a single integrated license.

2. Directs DSS, in consultation with stakeholders including the California Department of Education and others, as specified, to adopt regulations to develop and implement a single integrated license for a day care center serving children from birth to kindergarten by January 1, 2018. Further requires that these regulations include age-appropriate transition times, as specified, and that an integrated license issued to a new or current day care center licensee list the age groups of children being served for specified purposes.

3. Requires, during the period of January 1, 2018, to December 1, 2018, an existing day care license to be converted to a single integrated license upon annual renewal and that, prior to this conversion, a day care center licensee shall continue to meet regulatory requirements and inspection standards for the age groups of children receiving care in that center.

4. States that licensees shall not be required to pay an additional fee for this conversion to a single integrated license other than the annual fee, and stipulates that a new applicant for a single integrated license may be charged a fee commensurate with the previous cost for dual licenses.

5. Directs day care centers with an optional toddler program to, beginning January 1, 2016, extend the toddler component to children up to three years old.

6. Repeals references in statute to the optional toddler program beginning January 1, 2018.

EXISTING LAW:

1. Establishes the California Child Day Care Facilities Act, creating a separate licensing category for child day care centers and family day care homes within DSS’s existing licensing structure. (HSC 1596.70 et seq.)

2. Defines “day care center” to include infant centers, preschools, extended day care facilities, and school-age child care centers. (HSC 1596.76)

3. Requires any person or entity operating, as specified, as child day care facility in California to have a current valid license. (HSC 1596.80)

4. Requires DSS to charge an original application fee for the issuance of a license to operate a child day care facility and, thereafter, an annual fee and that these fees be adjusted by facility and capacity. (HSC 1596.803)

5. Directs DSS to develop guidelines and procedures for authorizing licensed child day care centers serving preschool-age children and licensed child day care centers serving infants to create a special optional toddler program for children between the ages of 18 and 30 months and further requires this optional toddler program to meet certain requirements, as specified. (HSC 1596.955 and 1596.956)

6. Requires DSS to conduct unannounced visits of each licensed day care center and requires that no center be visited less frequently than once every five years. Further requires DSS to conduct annual unannounced visits of licensed centers under specified circumstances, such as when a license is on probation. Additionally requires annual visits of a random sample of at least 20% of facilities not subject to annual inspections for specified circumstances and states that, should the total citations for this 20% of facilities exceed the previous year’s by 10%, the random sample subject to annual inspection shall increase in the next year by 10%. Because of this trigger, 30% of eligible facilities are now randomly sampled each year for inspection. (HSC 1597.09)

7. Directs DSS, and any local agency with which it contracts for purposes of licensing activities, to conduct an initial site visit and grant or deny an application for license within 30 days of receiving a complete licensing application for a day care center. (HSC 1597.13)

FISCAL EFFECT: Unknown

COMMENTS:

Licensed child care: The California Child Day Care Facilities Act governs the licensure and operation of child day care centers and family day care homes. This law and the attendant regulations found in Title 22 of the California Code of Regulations establish general health and safety requirements, staff-to-child ratios, and provider training requirements.

The Community Care Licensing Division (CCLD) of DSS is responsible for licensing and monitoring the state’s 10,453 day care centers, which, as of June 30, 2014, provided 588,058 child care slots. CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes. At the very least, these facilities and homes must be visited no less frequently than once every five years. CCLD also conducts annual visits of facilities with poor histories of compliance and those that are required to have yearly visits by federal law. Additionally, 30% of those facilities not required to be inspected yearly are randomly selected for annual inspection.

Infant centers serve children under two years old, preschool child care centers serve children between the age of 2 and when they start school, and school-age child care centers serve children who have entered the first grade or are in a child care program exclusively for children in kindergarten and above. A “combination center” is any combination of an infant center, preschool child care center, school-age child care center and child care center for mildly ill children that is owned and operated by one licensee at a common address. In California, separate licenses are currently required for serving infants and for serving preschool-age children. Thus, owner/operators of combination centers serving both populations must get two licenses and undergo separate inspection and compliance processes for each license.

Toddler program: In 1988, the Senate Select Committee on Children and Youth and the Senate Select Committee on Infant and Child Care and Development convened a task force to examine what at the time were the two basic licensing categories for child care centers: an infant category for children up to 2 years of age, and a second category for children between the ages of 2 and 12. This task force recommended the establishment of a third optional category for toddlers between the ages of 18 and 30 months. SB 629 (Morgan), Chapter 1079, Statutes of 1989, established this optional license category for day care programs and SB 434 (Morgan), Chapter 246, Statutes of 1993, refined and made the optional program permanent.

As it currently exists, the optional toddler program is available to both centers that serve preschool-age children and centers that serve infants. These centers can create a special program component for children between the ages of 18 and 30 months; the program has its own staffing ratio and maximum group size requirements, but is considered an extension of the infant or preschool license and does not require a separate license. The toddler program is to be located in areas separate from those used by younger and older children. Children can only be placed in this program with parental consent. A toddler who is more than 30 months of age may participate in an optional toddler program with parental permission.

Continuity of care and child development: Child care providers and caregivers, when they form continuous attachments with young children through providing regular care, can have positive impacts on the development of those children. Research indicates that infants who form strong attachments with their child care providers exhibit higher likelihood of playing, exploring, and interacting with adults in their child care settings. Conversely, it has been found that when very young children are made to transition from one room to another in a care setting due to pre-determined developmental stages (often based on birthdate), they can experience high levels of distress. Fewer demonstrations of behavior problems while at child care have also been found in young children who experience lower turnover in care providers and longer periods spent with their primary caregiver. Continuity of care for young children can also provide benefits for caregivers and parents, allowing for the continued development of trust between parents and care providers.

Need for this bill: According to the author, this bill “streamlines the bifurcated child care licensing system by creating a single license that reduces the administrative burden, removes the ‘toddler component’ option process, and aids centers in keeping child care slots filled by preventing the immediate movement of children based on their birthdate. This policy goes a long way to simplify the childcare licensing process while maintaining quality developmentally appropriate practices and eases the ability to provide continuity of care for children and families which is necessary for their success.”

Supporters state that California is one of only two states that issue separate licenses for infant/toddlers and for preschool centers, and that the transition from an infant area to preschool at 24 months of age (or 30 months if the center has an optional toddler program) is particularly rigid, doesn’t allow flexibility for the varying developmental needs of different infants and toddlers, and creates barriers to continuity of relationships. This siloed licensing structure, they claim, ignores the developmental needs of the child and forces providers to move children out of one classroom and into another based on birthdates without appropriately considering other needs.

REGISTERED SUPPORT / OPPOSITION:

Support

Advancement Project

American Federation of State, County and Municipal Employees (AFSCME)

California Alternative Payment Program Association (CAPPA)

California Association for the Education of Young Children

California Child Care Resource & Referral Network

California Head Start Association

Child Care Partnership Council of San Mateo

Child Care Resource Center

Children NOW

Cleanology Housekeeping Personal Services

Elder Caring

First 5 Association of CA

First 5 Santa Clara County

Foodsteps Child Care, Inc.

Institute for Human and Social Development Inc.

Little Mud Puddles Learning Center

Los Angeles County Office of Education (LACOE)

MAAC

Pacific Clinics

Peninsula Family Services

San Mateo County Child Care Partnership Council

Opposition

None on file.

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