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, and opportunities for parent involvement.

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, and that those contractors conduct site visits and offer 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.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2001 (Reyes) - Family child care home education networks

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

Bill Summary:

This bill codifies the duties and responsibilities of family child care home education network contractors and providers.

Fiscal Impact:

To the extent that existing contractors and providers are not currently satisfying the duties being codified, the additional responsibilities of networks and their providers could lead to pressure for the state to increase their child care provider reimbursement rates. A precise estimate is unknown, but for each one percent increase of the total contract value of about $41 million for the networks, the cost would be approximately $400,000 (General Fund). This would likely only happen under the broader context of a rate increase provided for all child care programs.

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.

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 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.

Proposed Law:

This bill codifies activities of network contractors and providers. Specific provisions of this bill would:

• Expand 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.
• Require 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.
• Require a network contractor to also develop and implement a plan for timely payment to providers and conduct a parent survey as directed by the CDE.
• Expand 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.
• Require 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.
• Require 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: AB 598 (Calderon, 2016), nearly identical to this bill, was held on the Suspense File in this Committee.

SB 1154 (Liu, 2016) proposed to codify 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. SB 1154 failed passage in this Committee.

Staff Comments:

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 services 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 could create cost pressure for the specified activities. Statutorily requiring the activities would make them 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.

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SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: May 9, 2018

Subject:

SUMMARY

This bill clarifies, expands and standardizes the duties and responsibilities of family child care home education network 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)
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. (EC § 8202)
4. Requires the Superintendent of Public Instruction (SPI) 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))
5. Requires the SPI 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)
6. 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))
7. 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 clarifies, expands and standardizes the duties and responsibilities of FCCHEN contractors and providers. Specifically, it:

Programs

1. Requires that FCCHEN programs include:
   1. Nutrition education and training (rather than simply “nutrition”).
   2. Tools used to make a currently-required assessment be appropriate to family child care home settings.
   3. Maintenance of a folder, known as a developmental portfolio, for each child that includes, among other items, a child’s work product and observations of the child.
   4. Opportunities for parent involvement (rather than “parent involvement”).

Contractors

1. Requires FCCHEN contractors to do all of the following:
   1. Develop and implement a plan for timely payment to providers.
   2. Use appropriate tools to assess FCCHEN providers when conducting currently-required assessments of the educational quality of the program.
   3. Use the provider’s observations (rather than consult with the provider) when completing a developmental profile for each child, and requires contractors to do at least both of the following:
      1. In consultation with the provider, complete the developmental child assessment profile selected by the CDE. This bill requires the contractor’s child development specialist to sign the developmental profile.
      2. Use the developmental portfolio maintained by the provider, including provider observations of each child.
   4. Conduct a parent survey as directed by the California Department of Education (CDE).
   5. Ensure that parent conferences are offered to the parent of each enrolled child. This bill authorizes the parent to decline a parent conference.
   6. Conduct at least six site visits to each affiliated provider in a program year for purposes of conducting assessments and providing technical assistance, training, and support.
   7. Support the 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.
   8. Offer providers at least 12 hours annually of training and technical assistance in a group or individual settings. This bill authorizes trainings to include, but are not limited to, the following:
      1. Age- and developmentally-appropriate educational practices and activities for children.
      2. Appropriate care and supervision of children.
      3. Engaging parents in the program and providing parenting information on age-appropriate child development and activities.
      4. Menu planning and nutrition information.
      5. Provider and family communication.
      6. Understanding the developmental measures of the developmental profile child assessment instrument.
      7. Individualizing the provider’s program to meet the needs of each child in the provider’s care by using the results of the developmental profile.
   9. 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. This bill prohibits family child care home education networks, providers from being required to employ individuals with child development teacher permits.
   10. Maintain a signed, written agreement with each affiliated provider and an authorized representative of the family child care home education networks (FCCHEN). This bill requires the agreement to include, but not be limited to, all of the following:
       1. The provider’s status as an independent contractor with the FCCHEN.
       2. The provider’s non-discrimination policy.
       3. The established reimbursement rate.
2. Provides that a FCCHEN contractor is not required to maintain a parent advisory committee.

Providers

1. Requires that FCCHEN providers do all of the following:
   1. Provide age- and developmentally appropriate educational activities for children.
   2. Provide care and supervision of children.
   3. Provide parenting education to parents. This bill authorizes parenting education to include, but is not limited to, general program information and formal or informal parent conferences and exchange of information about the development, needs, and skills of the parents’ child or children.
   4. Identify child and family social service or health needs, and share those needs with the contractor.
   5. Provide nutrition that is consistent with standards of the federal Child and Adult Care Food Program of the United States Department of Agriculture.
   6. Work in consultation with the contractor to complete the developmental profile for each child, including doing all of the following:
      1. In consultation with the contractor, complete the developmental profile child assessment instrument.
      2. Maintain a developmental portfolio for each child that includes items produced by the child. This bill requires a copy of this portfolio to be shared with the FCCHEN contractor for purposes of review by the California Department of Education.
      3. Maintain observations and other documentation of the child’s skills.
      4. Conduct or participate in parent conferences pursuant to contractor policies.
   7. Provide the contractor with copies of all citations issued to the provider by the Community Care Licensing Division of the Department of Social Services within five calendar days of the issuing date of the citation.
   8. Obtain at least 12 hours of professional training annually, and maintain documentation of the training for three years. This bill authorizes training to include group or individual training provided by the contractor, or training provided by other qualified individuals or organizations.
2. Authorizes, but specifically does not require, a provider to encourage parent involvement in the provider’s family child care home education networks (FCCHEN) program.
3. Prohibits a provider from being required to maintain a parent advisory committee.

Curricula

1. Requires a provider in a FCCHEN to adopt and use a curriculum or curricula, of the provider’s choosing, appropriate for the age range of children in the home.
2. Authorizes the contractor, in order to ensure educational quality for children, to adopt a policy limiting the curricula acceptable within its network. This bill requires such policy to include at least three curricula, and authorizes the contractor to approve provider-developed curricula if they are educational and appropriate for the age ranges of children in the home.

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 by expanding and codifying standards for both the contracting agencies and providers.
2. State-subsidized child care. The state’s child care and development services are delivered to eligible families through two categories of providers, providers with a direct service contract with the California Department of Education (licensed Title 5 programs) and Title 22 (Alternative Payment Programs/vouchers) licensed and licensed-exempt general child care providers which include centers, family child care homes and in-home care. Title 5 child care providers must meet education and training standards that exceed those of Title 22 child care providers (licensed and license-exempt), as well as provide an educational component. Families in need of child care services may be eligible for state-subsidized child care through participation in CalWORKs, or by meeting income eligibility requirements. Initial income eligibility for families that are not current recipients of CalWORKs is established below 70 percent of state median income—$58,524 for a family of four for the fiscal year 2017-18. Families remain income eligible until their adjusted monthly income exceeds 85 percent of the most recent state median income, adjusted for family size.

A family child care provider contracting with the California Department of Education (CDE) through a Family Child Care Home Education Network (FCCHEN) contractor is required to follow Title 22 requirements.

1. Family child care homes. The Community Care Licensing Division (CCLD) within the Department of Social Services (DSS) regulates and oversees various licensed child care facilities in the state, including family child care homes. Licensed family child care homes must be in a provider's own home and provide a home-like environment. The types of family child care homes vary widely, from small family child care homes that care for a few children to a large family child care home that cares for up to 14 children depending on their ages. As of June 30, 2017, there were 28,679 licensed family day care homes in the state, with the capacity to serve 298,026 children.

Home-based care can be especially important for families with lower incomes, who are more likely to work non-traditional work hours and have a need for care providers offering flexible schedules on nights and weekends. For example, United States Department of Labor data from 2013 demonstrated that four out of every 10 people 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. Service sector jobs can often involve nontraditional and less predictable work schedules. Correspondingly, family child care homes are more likely to serve the needs of families with parents that work nontraditional hours. The California Child Care Resource and Referral Network reports that, in 2014, 39 percent of licensed family child care homes in California offered evening, overnight, and/or weekend care, while only 2 percent of child care centers did the same.

1. Family Child Care Home Education Networks (FCCHEN). Current law, provides that the Superintendent of Public Instruction contract with entities organized to operate FCCHENs that support educational objectives for children in licensed family child care homes that service families eligible for subsidized care. According the CDE, a FCCHEN is a formally organized entity that supports licensed family child care providers by offering training and technical assistance and monitoring of quality standards. FCCHEN staff conduct home visits to affiliated providers to monitor quality, complete developmental assessments of children receiving subsidized child care and development services, and act as a resource for specific questions or issues that may arise concerning a particular child or family. Providers usually contract independently with the network, but some networks employ the providers directly. The roles, responsibilities, and requirements that FCCHENs are required to meet, are contained in the education code and state regulations developed by the CDE. Overall there are roughly 30 to 40 FCCHENs statewide. In 2016-17, 5,633 children were served under a FCCHEN.
2. Why codify standards? This bill codifies best practices of practitioners in the field and establishes a standard framework for family child care home education networks (FCCHEN) contractors and providers. 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 are 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.

SUPPORT

California Association for the Education of Young Children

California Child Care Resource and Referral Network

Child Care Resource Center

Connections for Children

Crystal Stairs

International Institute of Los Angeles

Mexican American Opportunity Foundation

Options for Learning

The Child Care Alliance of Los Angeles

Wu Yee Children’s Services

OPPOSITION

None received

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ASSEMBLY THIRD READING

ATR Bill Id:AB 2001

Author:(Reyes)

As Introduced Ver:February 1, 2018

Majority vote

SUMMARY: Clarifies, updates, and expands requirements found in current statute for family child care home education network (FCCHEN) programs, contractors, and providers.

Specifically, this bill:

1. Clarifies and updates requirements for FCCHEN programs by, as specified:
   1. Modifying the current-law requirement to include nutrition to specify that the required component is "nutrition education and training;"
   2. Stipulating that the tools used to carry out the assessment of family child care home provider quality and appropriateness, required by current law, must be appropriate to family child care home settings;
   3. Modifying the current-law requirement to include parent involvement to specify that the required component is "opportunities for parent involvement;" and
   4. Adding the requirement that a FCCHEN program must include a developmental portfolio for each child that includes a child's work product and observations of the child, among other items.
2. Clarifies and expands requirements for FCCHEN contractors by, as specified:
   1. Requiring contractors to:
      1. Develop and implement a plan for the timely payment of providers;
      2. Conduct a family survey as directed by the California Department of Education (CDE);
      3. Ensure that the parent of each enrolled child is offered parent conferences, and permit a parent to decline a conference;
      4. Conduct at least six site visits per year to each affiliated provider in the network in order to conduct assessments and provide training and support;
      5. Assess a provider's program components and provide training and support;
      6. Offer at least 12 hours of training and technical assistance per year on specified topics to providers;
      7. Employ at least one child development specialist with educational qualifications equivalent to a child development teacher permit to provide training and assistance; and
      8. Maintain a signed agreement with each affiliated provider and an authorized representative of the FCCHEN that includes: the provider's status as an independent contractor, the provider's nondiscrimination policy, and the established reimbursement rates.
   2. Requiring contractors to ensure the collection of fees, versus collect those fees as stipulated in current law;
   3. Stipulating that the tools used to assess the educational quality of each network family child care home's program must be appropriate to family child care home settings; and
   4. Requiring a contractor to complete a developmental profile, versus assure that it is completed as stipulated in current law, and mandating that completion of this profile include both: completion, in consultation with the provider, of the developmental child assessment profile selected by CDE and signing of that profile by the contractor's child development specialist; and utilization of the developmental portfolio.
   5. Permitting a contractor to adopt a policy that limits acceptable curricula to no less than three curricula.
3. Adopts and codifies requirements for FCCHEN providers by, as specified:
   1. Requiring providers to:
      1. Choose, adopt, and use age-appropriate curricula;
      2. Provide age- and developmentally-appropriate educational activities;
      3. Provide parenting education;
      4. Identify the social and health needs of families and children and convey those needs to the FCCHEN contractor;
      5. Provide nutrition consistent with federal standards;
      6. Work with the contractor to complete the developmental profile, to contain specified elements, for each child;
      7. Supply copies of all state licensing citations to the contractor within five calendar days of the date the provider was issued the citation; and
      8. Obtain at least 12 hours of professional training each year and maintain records of this training for three years.
   2. Authorizing, but not requiring, providers to encourage parent involvement in the FCCHEN program.
4. Stipulates that neither a FCCHEN contractor nor provider is required to maintain a parent advisory committee.
5. Makes technical changes.

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(j))
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: According to the Assembly Appropriations Committee's analysis dated April 4, 2018, to the extent all contractors and providers are not currently satisfying all the duties being codified, additional state resources (General Fund) will be needed to comply with the law. However, most of the bill's requirements are either in state regulations or are existing practice and costs are anticipated to be minimal.

COMMENTS:

Subsidized child care: Many low- to middle-income working families spend a significant portion of their income on child care. The statewide average cost of child care in a family child care home for a preschooler in 2014 was $7,850 ($654 per month); for child care centers, this annual cost was even higher at $9,106 ($759 per month). And, of course, the amount paid for child care is even more in higher-cost areas of the state: in San Francisco, the 2014 cost of family child care was $11,503 ($959 per month) and for center care, it was $12,893 ($1,074).

California's subsidized child care system is designed to assist families with parents or guardians who are working, in training, seeking employment, incapacitated, or in need of respite. Depending on the program, subsidized child care can be obtained through three main types of providers: licensed child care centers, licensed family child care homes, and license-exempt providers (for example, family members, neighbors, or friends). This child care is available through a number of programs; additionally, California offers State Preschool Programs to eligible three-and four-year-olds. The three main subsidized child care programs are:

1. California Work Opportunity and Responsibility to Kids (CalWORKs), for parents who receive or 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), a voucher-based system of care, which allows families to choose their own child care in either centers, family child care homes, or license-exempt settings; and
3. General Child Care, which is provided through contracted centers and family child care home networks that are administered through private or public agencies and offer child care and education/development services.

In Fiscal Year 2017-18, there are approximately 189,000 subsidized child care slots offered across the various programs, as well as over 163,000 State Preschool and 82,000 Transitional Kindergarten slots. Families are typically eligible for subsidized child care if they meet specified requirements and income qualifications, including: parents have a need related to work, training, or education; children are under 13 years old (or under 22 years old if they have exceptional needs), and parents earn incomes less than 70% of the most recent state median income (SMI) when first applying – up to $52,076 per year for a family of 3 – and less than 85% of the most recent SMI – up to $63,235 per year for a family of 3 – when renewing eligibility.

Family child care homes: The Community Care Licensing Division (CCLD) within the Department of Social Services (DSS) regulates and oversees various licensed child care facilities in the state, including family child care homes. Licensed family child care homes must be in a provider's own home and provide a home-like environment. As of June 30, 2017, there were 28,679 licensed family day care homes in the state, with the capacity to serve 298,026 children.

Home-based care can be especially important for families with lower incomes, who are more likely to work nontraditional work hours and have a need for care providers offering flexible schedules on nights and weekends. For example, United States Department of Labor data from 2013 demonstrated that four out of every 10 people 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. Service sector jobs can often involve nontraditional and less predictable work schedules. Correspondingly, family child care homes are more likely to serve the needs of families with parents that work nontraditional hours. The California Child Care Resource and Referral Network reports that, in 2014, 39% of licensed family child care homes in California offered evening, overnight, and/or weekend care, while only 2% of child care centers did the same.

Family Child Care Home Education Networks: FCCHENs have existed in the state in some form since the 1970s, although they have not always been referred to by this name. AB 379 (Mullin), Chapter 897, Statutes of 2004, defined FCCHENs in statute and adopted program and contractor requirements.

FCCHENs aim to facilitate the provision of high-quality child care and development services in family child care home settings. This occurs through FCCHEN contractors, under contract with CDE, providing ongoing training and support to family child care providers in the network, with the goal being to assist those providers in offering early education and child care to eligible families with children ranging from infancy through 12 years of age. FCCHEN providers are required to meet CDE-set standards of quality, and children's developmental progress is closely monitored. Children receiving care from a FCCHEN provider are evaluated using the Desired Results Developmental Profile (DRDP), which is a formative assessment instrument for young children and their families developed by CDE and intended to inform instruction and program development. FCCHEN providers must also 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.

Need for this bill: According to the author, "Losing a caregiver threatens the ability of parents to work and it interrupts a child's cognitive and social development. Family Child Care Home Education Networks offer a promising model for the state to improve the quality of family child care options in California. 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. We must 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."

PRIOR LEGISLATION:

AB 598 (Calderon) of 2016, was very similar to this bill. It was held in the Senate Appropriations Committee.

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

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0002666

Date of Hearing: April 4, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2001

Author:(Reyes) – As Introduced Ver:February 1, 2018

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

SUMMARY:

This bill standardizes, aligns, and codifies requirements for family child care home education network (FCCHEN) contractors and providers.

FISCAL EFFECT:

To the extent all contractors and providers are not currently satisfying all the duties being codified, additional state resources (GF) will be needed to comply with the law. However, most of the bill’s requirements are either in state regulations or are existing practice and costs are anticipated to be minimal.

COMMENTS:

1. Purpose. The intent of this bill is to codify current practice and regulations regarding FCCHENs in order to clarify and standardize the expectations for both contracting agencies and providers in administering child care programs within home settings. According to the author:

Losing a caregiver threatens the ability of parents to work and it interrupts a child’s cognitive and social development. Family Child Care Home Education Networks offer a promising model for the state to improve the quality of family child care options in California. 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. We must 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.

1. Background. The Department of Social Services (DSS) regulates and oversees various licensed child care facilities in the state, including family child care homes. Licensed family child care homes must be in a provider’s own home and provide a home-like environment. As of June 30, 2017, there were 28,679 licensed family day care homes in the state, with the capacity to serve 298,026 children. Home-based care can be especially important for families with lower incomes, who are more likely to work nontraditional work hours and need care providers offering flexible schedules on nights and weekends. The California Child Care Resource and Referral Network reports that, in 2014, 39% of licensed family child care homes in California offered evening, overnight, and/or weekend care, while only 2% of child care centers did the same.

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.

FCCHENs are networks of family child care providers that receive support from staff of a contracted agency. They aim to facilitate the provision of high-quality child care and development services in family child care home settings. This occurs through FCCHEN contractors, under contract with CDE, providing ongoing training and support to family child care providers in the network, with the goal of assisting those providers in offering early education and child care to eligible families with children ranging from infancy through 12 years of age. FCCHEN providers are required to meet CDE-set standards of quality, and children’s developmental progress is closely monitored. FCCHEN providers must also 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.

Existing law lacks consistent administration and implementation of FCCHENs. This bill seeks to provide administrative consistency statewide.

1. Prior Legislation.

AB 598 (Calderon), 2016, was very similar to this bill. It was held on the Suspense File in the Senate Appropriations Committee.

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: March 6, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 2001 (

Author:Reyes) – As Introduced Ver:February 1, 2018

SUBJECT: Family child care home education networks

SUMMARY: Clarifies, updates, and expands requirements found in current statute for family child care home education network (FCCHEN) programs, contractors, and providers.

Specifically, this bill:

1. Clarifies and updates requirements for FCCHEN programs by, as specified:
   1. Modifying the current-law requirement to include nutrition to specify that the required component is “nutrition education and training;”
   2. Stipulating that the tools used to carry out the assessment of family child care home provider quality and appropriateness, required by current law, must be appropriate to family child care home settings;
   3. Modifying the current-law requirement to include parent involvement to specify that the required component is “opportunities for parent involvement;” and
   4. Adding the requirement that a FCCHEN program must include a developmental portfolio for each child that includes a child’s work product and observations of the child, among other items.
2. Clarifies and expands requirements for FCCHEN contractors by, as specified:
   1. Requiring contractors to:
      1. Develop and implement a plan for the timely payment of providers;
      2. Conduct a family survey as directed by the California Department of Education (CDE);
      3. Ensure that the parent of each enrolled child is offered parent conferences, and permit a parent to decline a conference;
      4. Conduct at least six site visits per year to each affiliated provider in the network in order to conduct assessments and provide training and support;
      5. Assess a provider’s program components and provide training and support;
      6. Offer at least 12 hours of training and technical assistance per year on specified topics to providers;
      7. Employ at least one child development specialist with educational qualifications equivalent to a child development teacher permit to provide training and assistance; and
      8. Maintain a signed agreement with each affiliated provider and an authorized representative of the FCCHEN that includes: the provider’s status as an independent contractor, the provider’s nondiscrimination policy, and the established reimbursement rates.
   2. Requiring contractors to ensure the collection of fees, versus collect those fees as stipulated in current law;
   3. Stipulating that the tools used to assess the educational quality of each network family child care home’s program must be appropriate to family child care home settings; and
   4. Requiring a contractor to complete a developmental profile, versus assure that it is completed as stipulated in current law, and mandating that completion of this profile include both: completion, in consultation with the provider, of the developmental child assessment profile selected by CDE and signing of that profile by the contractor’s child development specialist; and utilization of the developmental portfolio.
   5. Permitting a contractor to adopt a policy that limits acceptable curricula to no less than three curricula.
3. Adopts and codifies requirements for FCCHEN providers by, as specified:
   1. Requiring providers to:
      1. Choose, adopt, and use age-appropriate curricula;
      2. Provide age- and developmentally-appropriate educational activities;
      3. Provide parenting education;
      4. Identify the social and health needs of families and children and convey those needs to the FCCHEN contractor;
      5. Provide nutrition consistent with federal standards;
      6. Work with the contractor to complete the developmental profile, to contain specified elements, for each child;
      7. Supply copies of all state licensing citations to the contractor within five calendar days of the date the provider was issued the citation; and
      8. Obtain at least 12 hours of professional training each year and maintain records of this training for three years.
   2. Authorizing, but not requiring, providers to encourage parent involvement in the FCCHEN program.
4. Stipulates that neither a FCCHEN contractor nor provider is required to maintain a parent advisory committee.
5. Makes technical changes.

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 (j))
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: Many low- to middle-income working families spend a significant portion of their income on child care. The statewide average cost of child care in a family child care home for a preschooler in 2014 was $7,850 ($654 per month); for child care centers, this annual cost was even higher at $9,106 ($759 per month). And, of course, the amount paid for child care is even more in higher-cost areas of the state: in San Francisco, the 2014 cost of family child care was $11,503 ($959 per month) and for center care, it was $12,893 ($1,074).

California’s subsidized child care system is designed to assist families with parents or guardians who are working, in training, seeking employment, incapacitated, or in need of respite. Depending on the program, subsidized child care can be obtained through three main types of providers: licensed child care centers, licensed family child care homes, and license-exempt providers (for example, family members, neighbors, or friends). This child care is available through a number of programs; additionally, California offers State Preschool Programs to eligible three-and four-year-olds. The three main subsidized child care programs are:

• California Work Opportunity and Responsibility to Kids (CalWORKs), for parents who receive or 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), a voucher-based system of care, which allows families to choose their own child care in either centers, family child care homes, or license-exempt settings; and
• General Child Care, which is provided through contracted centers and family child care home networks that are administered through private or public agencies and offer child care and education/development services.

In Fiscal Year 2017-18, there are approximately 189,000 subsidized child care slots offered across the various programs, as well as over 163,000 State Preschool and 82,000 Transitional Kindergarten slots. Families are typically eligible for subsidized child care if they meet specified requirements and income qualifications, including: parents have a need related to work, training, or education; children are under 13 years old (or under 22 years old if they have exceptional needs), and parents earn incomes less than 70% of the most recent state median income (SMI) when first applying – up to $52,076 per year for a family of 3 – and less than 85% of the most recent SMI – up to $63,235 per year for a family of 3 – when renewing eligibility.

Family child care homes: The Community Care Licensing Division (CCLD) within the Department of Social Services (DSS) regulates and oversees various licensed child care facilities in the state, including family child care homes. Licensed family child care homes must be in a provider’s own home and provide a home-like environment. As of June 30, 2017, there were 28,679 licensed family day care homes in the state, with the capacity to serve 298,026 children.

Home-based care can be especially important for families with lower incomes, who are more likely to work nontraditional work hours and have a need for care providers offering flexible schedules on nights and weekends. For example, United States Department of Labor data from 2013 demonstrated that four out of every 10 people 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. Service sector jobs can often involve nontraditional and less predictable work schedules. Correspondingly, family child care homes are more likely to serve the needs of families with parents that work nontraditional hours. The California Child Care Resource and Referral Network reports that, in 2014, 39% of licensed family child care homes in California offered evening, overnight, and/or weekend care, while only 2% of child care centers did the same.

Family Child Care Home Education Networks: FCCHENs have existed in the state in some form since the 1970s, although they have not always been referred to by this name. AB 379 (Mullin), Chapter 897, Statutes of 2004, defined FCCHENs in statute and adopted program and contractor requirements.

FCCHENs aim to facilitate the provision of high-quality child care and development services in family child care home settings. This occurs through FCCHEN contractors, under contract with CDE, providing ongoing training and support to family child care providers in the network, with the goal being to assist those providers in offering early education and child care to eligible families with children ranging from infancy through 12 years of age. FCCHEN providers are required to meet CDE-set standards of quality, and children’s developmental progress is closely monitored. Children receiving care from a FCCHEN provider are evaluated using the Desired Results Developmental Profile (DRDP), which is a formative assessment instrument for young children and their families developed by CDE and intended to inform instruction and program development. FCCHEN providers must also 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.

Need for this bill: According to the author, “Losing a caregiver threatens the ability of parents to work and it interrupts a child’s cognitive and social development. Family Child Care Home Education Networks offer a promising model for the state to improve the quality of family child care options in California. 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. We must 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.”

PRIOR LEGISLATION:

AB 598 (Calderon), 2016, was very similar to this bill. It died in the Senate Appropriations Committee.

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

REGISTERED SUPPORT / OPPOSITION:

Support

Child Care Resource Center (co-sponsor)

Opposition

None on file.

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