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.

This bill would require the department, in consultation with stakeholders, to adopt regulations on or before January 1, 2021, to create a child care center license to serve infant, toddler, preschool, and schoolage children and would require, before January 1, 2024, all day care centers to be licensed as child care centers. The bill would require the regulations to include components for infant, toddler, preschool, and schoolage children, health and safety standards for children in care, and enhanced ability to transition children from one age group to the next. The bill would authorize the department to charge an applicant for the child care center license a specified fee.

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 36 months of age, and requires the program to be considered an extension of the infant center or preschool license.

This bill would authorize the department to extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement.

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.

This bill would require the department, in consultation with stakeholders, to adopt regulations on or before January 1, 2021, to create a child care center license to serve infant, toddler, preschool, and schoolage children and would require, before January 1, 2024, all day care centers to be licensed as child care centers. The bill would require the regulations to include components for infant, toddler, preschool, and schoolage children, health and safety standards for children in care, and enhanced ability to transition children from one age group to the next. The bill would authorize the department to charge an applicant for the child care center license a specified fee.

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 36 months of age, and requires the program to be considered an extension of the infant center or preschool license.

This bill would authorize the department to extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement.

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.

This bill would require the department, in consultation with stakeholders, to adopt regulations on or before January 1, 2021, to combine the infant, preschool, and schoolage licenses and to create an infant to schoolage license option for day care centers. create a child care center license to serve infant, toddler, preschool, and schoolage children and would require, before January 1, 2024, all day care centers to be licensed as child care centers. The bill would require the regulations to include age-appropriate program components, components for infant, toddler, preschool, and schoolage children, health and safety standards for children in care, and enhanced ability to transition children from one age group to the next. The bill would authorize the department to charge an applicant for the infant to schoolage child care center license a specified fee.

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 36 months of age, and requires the program to be considered an extension of the infant center or preschool license.

This bill would authorize the department to extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement.

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 law requires the department to develop guidelines and procedures to permit licensed child day care centers serving infants and licensed child day care centers serving preschool age children to create a special program component for children between 18 months to 3 years of age. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements.

This bill would require the department department, in consultation with stakeholders, to adopt regulations on or before January 1, 2019, 2021, to develop and implement a birth to entering first grade combine the infant, preschool, and schoolage licenses and to create an infant to schoolage license option for day care centers. The bill would require the regulations to include age-appropriate transition times, as specified, a requirement that a single integrated license option list the age groups of children being served at the day care center, and a requirement that all other licensing regulations that apply to a day care center shall also apply to a birth to entering first grade license option. The bill would require, 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. program components, health and safety standards for children in care, and enhanced ability to transition children from one age group to the next. The bill would authorize the department to charge an applicant for the infant to schoolage license a specified fee.

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 law requires the department to develop guidelines and procedures to authorize licensed child day care centers serving infants to create a special program component for children between 18 months to three years of age.

This bill would make technical, nonsubstantive changes to those provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 605

Author:(Mullin)

As Amended Ver:June 14, 2018

Majority vote

Original Committee Reference: HUM. S.

SUMMARY: Requires the Department of Social Services (DSS) to implement, through the adoption of regulations, a child care center license to serve infant, toddler, preschool, and school-age children by January 1, 2021, and requires all day care centers to possess this license by January 1, 2024.

Specifically, this bill:

1. States Legislative intent to create a child care license that has individual program components that serve infant, toddler, preschool, and school-age children and that DSS take provider flexibility and administrative efficiency into consideration while supporting a continuum of services consistent with all applicable health and safety requirements.
2. Requires DSS to, in consultation with stakeholders, adopt regulations by January 1, 2021, to create a child care center license to serve infant, toddler, preschool, and school-age children with all respective health and safety requirements.
3. Requires, by January 1, 2024, all day care centers to be licensed as child care centers pursuant to the provisions of this bill.
4. Requires the regulations adopted pursuant to provisions of this bill to include, but not be limited to:
   1. Components for serving infant, toddler, preschool, and school-age children;
   2. Health and safety standards for children in care; and
   3. Enhanced ability to transition children from one age group to the next.
5. Requires DSS to, during the development and adoption of the regulations required by provisions of this bill, consider best practices for continuity of care of the children and parents being served.
6. Authorizes DSS to charge an applicant for a child care center license a fee commensurate with license fee schedules established for day care centers in current law, as specified.
7. Authorizes DSS to adopt emergency regulations to implement provisions of this bill, as specified.
8. Authorizes DSS to extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of the day care center, if the center can establish that it is unable to find an alternative payment.
9. Makes technical changes.

The Senate amendments maintain the intent, but significantly revise the language, of the Assembly version of the bill by deleting the bill’s language and instead recasting it to:

1. State Legislative intent to create a child care license that has individual program components that serve infant, toddler, preschool, and school-age children and that DSS take provider flexibility and administrative efficiency into consideration while supporting a continuum of services consistent with all applicable health and safety requirements.
2. Require DSS to, in consultation with stakeholders, adopt regulations by January 1, 2021, to create a child care center license to serve infant, toddler, preschool, and school-age children with all respective health and safety requirements.
3. Require, by January 1, 2024, all day care centers to be licensed as child care centers pursuant to the provisions of this bill.
4. Require the regulations adopted pursuant to provisions of this bill to include, but not be limited to:
   1. Components for serving infant, toddler, preschool, and school-age children;
   2. Health and safety standards for children in care; and
   3. Enhanced ability to transition children from one age group to the next.
5. Require DSS to, during the development and adoption of the regulations required by provisions of this bill, consider best practices for continuity of care of the children and parents being served.
6. Authorize DSS to charge an applicant for a child care center license a fee commensurate with license fee schedules established for day care centers in current law, as specified.
7. Authorize DSS to adopt emergency regulations to implement provisions of this bill, as specified.
8. Authorize DSS to extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of the day care center, if the center can establish that it is unable to find an alternative payment.
9. Makes technical changes.

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. Defines "infant" to mean a child under two years of age and defines "infant care center" to mean any child care center, or part thereof, where nonmedical care and supervision are provided to infants in a group setting and on less than a 24-hour-per-day basis. (22 California Code of Regulations (CCR) Section 101152 (s)(1 and 2))
4. Defines "school-age child" to mean any child who has either entered the first grade or higher or who is in a child care program that provides care and supervision exclusively to children enrolled in kindergarten and higher and defines a "school-age child care center" to mean any child care center, or part thereof, where nonmedical care and supervision are provided to school-age children in a group setting and on less than a 24-hour-per-day basis. (22 CCR Section 101152(i)(1) and (2))
5. Defines "preschool age children" to mean children who are enrolled in a licensed child day care center and who are not enrolled in either an infant care center or school-age child day care center. (HSC 1597.059)
6. Defines "combination center" to mean any combination of a child care center, infant 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. (22 CCR Section 101152(c)(10))
7. Requires any person or entity operating, as specified, a child day care facility in California to have a current valid license. (HSC 1596.80)
8. 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)
9. 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 3 years of age and further requires this optional toddler program to meet certain requirements, as specified. (HSC 1596.955 and 1596.956)
10. 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: According to the Senate Appropriations Committee on July 2, 2018, this bill may result in the following costs:

1. Estimated first-year costs of $350,000 and second year costs of $250,000 for regulatory and policy development, training, and automation; and
2. Unknown, likely cost savings resulting from administrative efficiencies to the extent that inspections can be consolidated under the child care center license.

COMMENTS:

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

DSS's Community Care Licensing Division (CCLD) has the responsibility of licensing and monitoring the state's 12,570 day care centers (including 2,065 infant centers), which, as of June 30, 2017, provided 644,280 child care slots (47,680 of which were for infants). There are an additional 2,192 licensed school-age day care facilities which provided 131,262 slots as of that same date. CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes. CCLD conducts random inspections of 30% of facilities annually, and each facility must be visited at least once every three years; some exceptions triggering more frequent inspections exist.

State law and regulations dictate that infant care centers serve children under two years old, preschool child care centers serve children between the ages 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.

Continuity of care and child development: 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. Moreover, research indicates that infants who form strong attachments with their child care providers exhibit a greater likelihood of playing, exploring, and interacting with adults in their child care settings. The continuity of care for young children in day care centers and similar settings can also benefit caregivers and parents, allowing for the ongoing development of trust between parents and care providers.

Need for this bill: According to the author, "[This bill] streamlines the child care licensing system by creating a single license that reduces administrative burden and aids centers in maintaining quality, developmentally appropriate practices and allows the system to serve more children."

PRIOR LEGISLATION:

AB 1897 (Mullin) of 2016, was similar to this bill and would have created an optional birth-to-entering-first-grade day care center license option. It was held in the Assembly Appropriations Committee.

AB 762 (Mullin), Chapter 373, Statutes of 2015, increased the upper age limit for optional toddler programs authorized by DSS from 30 months to three years of age.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0004459

 THIRD READING  

Bill No: AB 605

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 6-0, 6/12/18

AYES: Wiener, Glazer, Leyva, McGuire, Nguyen, Portantino

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 77-0, 1/29/18 - See last page for vote

SUBJECT: Child day care facilities: infant to schoolage license

SOURCE: Author

DIGEST:

This bill requires the California Department of Social Services (CDSS) to adopt regulations on or before January 1, 2021, to create a child care center license to serve infant, toddler, preschool, and schoolage children and requires all day care centers to be licensed as child care centers before January 1, 2024. This bill requires the regulations to include components for infant, toddler, preschool, and schoolage children, health and safety standards for children in care, and enhanced ability to transition children from one age group to the next.

ANALYSIS:

Existing law:

1. Establishes the California Child Day Care Facilities Act (Act), provides for the licensure and regulation of child day care centers and family day care homes by CDSS. (HSC 1596.70 et seq.)
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. (HSC 1596.750)
3. 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 1596.76)
4. Defines “schoolage child care center” to mean a day care center or part of a day care center that provides nonmedical care and supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of schoolage children or nonminor students, or both, in a group setting for less than 24 hours per day. (HSC 1596.7915)  
5. Requires that any person, firm, partnership, association, or corporation operating a child day care facility in California shall have a valid license. (HSC 1596.80)
6. Requires CDSS 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 will be assessed based on facility type and capacity. (HSC 1596.803)
7. Requires CDSS to develop guidelines and procedures to permit licensed child day care centers serving preschool-age children and licensed child day care centers serving infants to create a special toddler program component for children between the ages of 18 months and three years and requires this optional toddler program to meet certain requirements, as specified. Further requires the toddler program to be considered an extension of the infant center or preschool license. (HSC 1596.955 and 1596.956)
8. Defines “preschool age children” to mean children who are enrolled in a licensed child day care center and who are not enrolled in either an infant care center or school-age child day care center. (HSC 1597.059)
9. Defines “combination center” to mean any combination of a child care center, infant care center, schoolage child care center, and child care center for mildly ill children that is owned and operated by one licensee at a common address. (22 CCR 101152 (c)(10))
10. Defines “school-age child” to mean any child who has either entered the first grade or higher or who is in a child care program that provides care and supervision exclusively to children enrolled in kindergarten and above. (22 CCR 101152 (i)(1, 2))
11. Defines “infant” to mean a child under two years of age and defines “infant care center” to mean any child care center, or part thereof, where less than 24-hour per day nonmedical care and supervision are provided to infants in a group setting. (22 CCR 101152 (i)(1, 2))
12. 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. Revises the definition of “day care center” to include licensed child care centers, as specified.
2. States legislative intent to create a child care license that has individual program components that serve infant, toddler, preschool, and schoolage children. Further states legislative intent that CDSS consider flexibility for child care providers, maximizing administrative efficiency, while supporting a continuum of services in a manner consistent with all respective health and safety requirements.
3. Requires CDSS, in consultation with stakeholders, to adopt regulations on or before January 1, 2021, to create a child care center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements.
4. Requires that all day care centers shall be licensed as child care center, as specified, before January 1, 2024.
5. Specifies minimum information that the required regulations must include as follows:
   1. Components for serving infant, toddler, preschool, and schoolage children.
   2. Health and safety standards for children in care.
   3. Enhanced ability to transition children from one age group to the next.
6. Requires CDSS to consider best practices for continuity of care of the children and parents being served when developing the required regulations.
7. Permits CDSS to charge an applicant for a child care center license a fee commensurate with license fee schedules established for day care centers.
8. Permits CDSS to adopt emergency regulations, as specified.
9. Authorizes CDSS to extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to fund an alternative placement.

Background

This bill is intended to streamline the licensing process for child care centers and remove the existing “administrative burden” of multiple licenses which has “impacted infant care to a point where providers do not bother to acquire an infant license,” states the author. The resulting shortage of available child care in California is “a hindrance to economic development,” the author states. AB 605 will require the department to develop a single child care center license through regulations that will also include flexibility in the movement of children between age groups. In doing so, this bill will reduce administrative burden on child care center operators and CDSS, which is intended to “encourage new providers, frequently, women and minorities, to open businesses and provide child care as well as additional jobs,” per the author.

Licensed Childcare Centers

The licensure, maintenance, and operation of child day care centers and family day care homes in the state are governed by the Act. This law and the corresponding regulations establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements for licensed child care. CDSS’s Child Care Licensing Program, within the Community Care Licensing Division (CCLD), is charged with ensuring licensed child care facilities meet health and safety standards through monitoring facilities, providing technical assistance, and establishing partnerships with providers, parents, and the child care community. 

In California, separate licenses are required for serving infant, preschool, and school age children. Infant care centers serve children who are less than two years old. Preschool child care centers serve children from the age of two to 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. Infant care centers and schoolage centers may also offer a toddler component, as an extension of their existing licenses. The toddler component permits care of children 18 months to three years old. The process for obtaining approval of a toddler component is slightly streamlined from the licensing process, but it does require a site inspection. CDSS does not track the number of toddler components operating in California.

Owner/operators of centers serving all three populations (infant, preschool and school age) must get three licenses and undergo separate licensure, inspection and compliance processes for each license they hold. Such centers may be designated a “combination center,” and they must be owned and operated by one licensee and operating at a common address. In addition, as previously mentioned, they may obtain a toddler component.

In addition to initial license approval, CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes. CCLD conducts random inspections of 30 percent of facilities annually, and each facility must be visited at least once every three years. However, some exceptions trigger more frequent inspections. Under the current program rules, combination centers are subject to multiple inspections because each license is treated independently for purposes of inspections. While not required, CDSS states that it makes a concerted effort to conduct inspections for each license type operating within a combination center at the same time. In other words, if a combination center has a license to operate infant and preschool centers, CDSS staff would conduct inspections of both centers during a single site visit.

This bill requires CDSS to promulgate regulations that will create a child care center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements. Those regulations are required to include components for serving infant, toddler, preschool, and schoolage children, health and safety standards for children in care, and enhanced ability to transition children from one age group to the next.

According to CDSS, the regulations will allow licensed providers to obtain one license and select which age group(s) they wish to serve and obtain corresponding components. This is similar to the current toddler component program, under which infant and shoolage providers may serve toddlers 18 months to three years of age, as an extension of their infant or school age licenses.

Continuity of Care

This bill requires CDSS to consider best practices for continuity of care of the children and parents being served in child care centers. Continuity of care means that children and caregivers remain together for more than one year, often for the first three years of children’s lives. This is not the current practice at licensed child care in California, in which children are moved to a new group or a new caregiver based on age or on the achievement of developmental milestones.

Transitioning from one room to another in a child care setting due to pre-determined developmental stages (often based on birthdate), can be stressful for parents and children. The continuity of care for young children in day care centers and similar settings can reduce that stress by allowing for the ongoing relationship between parents, children and their care providers.

Continuity of care supports strong attachments between children and their care givers. According to a report published by Harvard University’s Center on the Developing Child titled, Three Principles to Improve Outcomes for Children and Families, “Relationships also help build resilience across childhood and into adulthood. The single most common factor for children and teens who develop the capacity to overcome serious hardship is having at least one stable and committed relationship with a supportive parent, caregiver, or other adult.”^[1]

Child Care Provider Capacity

According to the California Child Care Resource and Referral Network, licensed child care is available for just 23 percent of children from birth to 12 years of age with parents in the labor force. As of June 2017, there were 12,570 licensed day care centers, 2,065 of which were infant centers. These centers had a total capacity of 644,280 children, 47,680 were for infants. There was an additional 2,192 licensed school age day care facilities with 131,262 slots. For infants and toddlers in California, child care with licensed providers is largely unavailable and often prohibitively expensive. According to Children Now, a single parent earning minimum wage could spend as much as 70 percent of their income on child care. ^[2]

Related/Prior Legislation

AB 1897 (Mullin, 2016) was similar to this bill and would have created an optional birth-to-entering-first-grade day care center license option. It did not pass out of Assembly Appropriations Committee.

AB 762 (Mullin, Chapter 373, Statutes of 2015) increased the upper age limit for optional toddler programs authorized by CDSS from 30 months to three years of age.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Committee on Appropriations:

• Estimated first-year costs of $350,000 and second year costs of $250,000 for regulatory and policy development, training, and automation.
• Unknown, likely cost savings resulting from administrative efficiencies to the extent that inspections can be consolidated under the child care center license.

SUPPORT: (Verified 8/16/18)

California Alternative Payment Program Association

California State PTA

Child Care Alliance of Los Angeles

Child Care Resource Center

First 5 California

First5 Los Angeles

Los Angeles County Office of Education

OPPOSITION: (Verified 8/16/18)

California Department of Finance

ARGUMENTS IN SUPPORT: The California Alternative Payment Program Association writes the following in support of this bill, “A single license option will reduce the administrative burden on severely underfunded child care centers and CDSS so that they can both focus on providing a safe and healthy environment for California’s children.”

ARGUMENTS IN OPPOSITION: The Department of Finance is opposed to the June 14, 2018 version of this bill because “the creation and implementation of new child care center license options results in additional General Fund costs not included in the 2018 Budget Act.”

ASSEMBLY FLOOR: 77-0, 1/29/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

8/18/18 16:47:33

**** END ****

1. https://developingchild.harvard.edu/resources/three-early-childhood-development-principles-improve-child-family-outcomes/ ↑

2. https://www.childrennow.org/files/7014/8789/2011/ChildrenNow_StartingNowPolicyVision-2017.pdf ↑

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 605 (Mullin) - Child day care facilities: infant to schoolage license

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

Bill Summary:

AB 605 would require the California Department of Social Services (CDSS) in consultation with stakeholders, to adopt regulations on or before January 1, 2021, to create a child care center license to serve infant, toddler, preschool, and schoolage children and would require, before January 1, 2024, all day care centers to be licensed as child care centers.

Fiscal Impact:

• Estimated first-year costs of $350,000 and second year costs of $250,000 for regulatory and policy development, training, and automation.
• Unknown, likely cost savings resulting from administrative efficiencies to the extent that inspections can be consolidated under the child care center license.

Background:

Child day care centers and family day care homes in California are governed by the California Child Day Care Facilities Act, which, among other things, establishes general health and safety requirements, staff-to-child ratios, and provider training requirements. CDSS’s Child Care Licensing Program, within the Community Care Licensing Division (CCLD) is charged with ensuring licensed child care facilities meet health and safety standards through monitoring facilities, providing technical assistance, and establishing partnerships with providers, parents, and the child care community.

In California, separate licenses are required for serving infant, preschool, and school age children. Infant care centers service children who are less than two years old, preschool child care centers service children from age two to when they start school, and school-age child care centers service children who have entered the first grade or are in a child care program exclusively for children in kindergarten and above. Infant care centers and schoolage centers may also offer a toddler component, which serves children 18 months to three years old, as an extension of their existing license. Owner/operators of centers serving all three populations must get three licenses and undergo separate licensure, inspection, and compliance processes for each license.

As of June 2017, there were 12,570 licensed day care centers, 2,065 of which were infant centers, and 2,192 were licensed school age day care facilities.

Proposed Law:

This bill would create a child care license to serve infant, toddler, preschool, and schoolage children. Specifically, this bill would:

• Require CDSS, in consultation with stakeholders, to adopt regulations on or before January 1, 2021, to create a child care center license to serve infant, toddler, preschool, and schoolage children with all respective health and safety requirements, and require, before January 1, 2024, all day care centers to be licensed as child care centers;
• Specify at a minimum the information that the regulations adopted must include;
• Require CDSS to consider best practices for continuity of care of the children and parents being served during the development and adoption of the regulations;
• Authorize CDSS to charge an applicant for a child care license a fee commensurate with license fee schedules established for day care centers
• Authorize CDSS to adopt emergency regulations;
• Authorize CDSS to extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to fund an alternative placement.

Related Legislation:

AB 1897 (Mullin, 2016) similar to this bill would have created an optional birth-to-entering-first-grade day care enter license option. This bill was held in the Assembly Appropriations Committee.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 605

Subject: Day care centers: birth to first grade license option

SUMMARY

This bill would require the California Department of Social Services (CDSS), in consultation with stakeholders, to adopt regulations on or before January 1, 2021, to combine the infant, preschool, and schoolage licenses and to create a new infant to schoolage license option for day care centers, as specified.

ABSTRACT

Existing law:

1. Establishes the California Child Day Care Facilities Act (Act), provides for the licensure and regulation of child day care centers and family day care homes by CDSS. (HSC 1596.70 et seq.)
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. (HSC 1596.750)
3. 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 1596.76)
4. Defines “schoolage child care center” to mean a day care center or part of a day care center that provides nonmedical care and supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of schoolage children or nonminor students, or both, in a group setting for less than 24 hours per day. (HSC 1596.7915)  
5. Requires that any person, firm, partnership, association, or corporation operating a child day care facility in California shall have a valid license. (HSC 1596.80)
6. Requires CDSS 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 will be assessed based on facility type and capacity. (HSC 1596.803)
7. Requires CDSS to develop guidelines and procedures to permit licensed child day care centers serving preschool-age children and licensed child day care centers serving infants to create a special toddler program component for children between the ages of 18 months and three years and requires this optional toddler program to meet certain requirements, as specified. Further requires the toddler program to be considered an extension of the infant center or preschool license. (HSC 1596.955 and 1596.956)
8. Defines “preschool age children” to mean children who are enrolled in a licensed child day care center and who are not enrolled in either an infant care center or school-age child day care center. (HSC 1597.059)
9. Defines “combination center” to mean any combination of a child care center, infant care center, schoolage child care center, and child care center for mildly ill children that is owned and operated by one licensee at a common address. (22 CCR 101152 (c)(10))
10. Defines “school-age child” to mean any child who has either entered the first grade or higher or who is in a child care program that provides care and supervision exclusively to children enrolled in kindergarten and above. (22 CCR 101152 (i)(1, 2))
11. Defines “infant” to mean a child under two years of age and defines “infant care center” to mean any child care center, or part thereof, where less than 24-hour per day nonmedical care and supervision are provided to infants in a group setting. (22 CCR 101152 (i)(1, 2))
12. 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:

Requires CDSS, in consultation with stakeholders, to adopt regulations on or before January 1, 2021, to combine the infant, preschool, and schoolage licenses and create an infant to schoolage license with all respective health and safety requirements for the age groups served.

Requires the regulations adopted to include, but not be limited to, all of the following:

1. Age-appropriate program components.
2. Health and safety standards for children in care.
3. Enhanced ability to transition children from one age group to the next.
4. Requires CDSS to consider best practices for continuity of care of the children and parents being served during the development and adoption of the regulations.
5. Permits CDSS to charge an applicant for an infant to schoolage license a fee, as specified.
6. Permits CDSS to extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of a day care center, if the center can establish that it is unable to find an alternative placement. 

FISCAL IMPACT

According to the Assembly Appropriations Committee on January 18, 2018, this bill may result in the following costs:

1. First-year costs to CDSS in the range of $1 million to $2 million (General Fund) for regulatory and policy development, one-time contracts for automation, and technical assistant visits. These costs will likely decrease in the second year to between $500,000 and $1 million, and to less than $500,000 in the third year and ongoing; and
2. Unknown, likely cost savings resulting from administrative efficiencies are likely over time to the extent that inspections can be consolidated.

BACKGROUND AND DISCUSSION

Purpose of the bill:

This bill is intended to streamline the licensing process for child care centers and remove the existing “administrative burden” of multiple licenses which has “impacted infant care to a point where providers do not bother to acquire an infant license,” states the author. The resulting shortage of available child care in California is “a hindrance to economic development,” the author states. AB 605 will require the department to develop a single child care center license through regulations that will also include flexibility in the movement of children between age groups. In doing so, this bill will reduce administrative burden on child care center operators and CDSS, which is intended to “encourage new providers, frequently, women and minorities, to open businesses and provide child care as well as additional jobs,” per the author.

Licensed Childcare Centers

The licensure, maintenance, and operation of child day care centers and family day care homes in the state are governed by the California Child Day Care Facilities Act. This law and the corresponding regulations establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements for licensed child care. CDSS’s Child Care Licensing Program, within the Community Care Licensing Division (CCLD), is charged with ensuring licensed child care facilities meet health and safety standards through monitoring facilities, providing technical assistance, and establishing partnerships with providers, parents, and the child care community. 

In California, separate licenses are required for serving infant, preschool, and school age children. Infant care centers serve children who are less than two years old. Preschool child care centers serve children from the age of two to 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. Infant care centers and schoolage centers may also offer a toddler component, as an extension of their existing licenses. The toddler component permits care of children 18 months to three years old. The process for obtaining approval of a toddler component is slightly streamlined from the licensing process, but it does require a site inspection. CDSS does not track the number of toddler components operating in California.

Owner/operators of centers serving all three populations (infant, preschool and school age) must get three licenses and undergo separate licensure, inspection and compliance processes for each license they hold. Such centers may be designated a “combination center,” and they must be owned and operated by one licensee and operating at a common address. In addition, as previously mentioned, they may obtain a toddler component.

According to the California Child Care Resource and Referral Network, licensed child care is available for just 23 percent of children from birth to 12 years of age with parents in the labor force. As of June 2017, there were 12,570 licensed day care centers, 2,065 of which were infant centers. These centers had a total capacity of 644,280 children, 47,680 were for infants. There was an additional 2,192 licensed school age day care facilities with 131,262 slots. For infants and toddlers in California, child care with licensed providers is largely unavailable and often prohibitively expensive. According to Children Now, a single parent earning minimum wage could spend as much as 70 percent of their income on child care. ^[1]

In addition to initial license approval, CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes. CCLD conducts random inspections of 30 percent of facilities annually, and each facility must be visited at least once every three years. However, some exceptions trigger more frequent inspections. Under the current program rules, combination centers are subject to multiple inspections because each license is treated independently for purposes of inspections. While not required, CDSS states that it makes a concerted effort to perform inspections for each license type operating within a combination center at the same time. In other words, if a combination center has a license to operate infant and preschool centers, CDSS staff would conduct inspections of both centers during a single site visit.

This bill will require CDSS to promulgate regulations that will create a new infant to schoolage license with all respective health and safety requirements for the age groups served. Those regulations are required to include age-appropriate program components, health and safety standards for children in care, and enhanced ability to transition children from one age group to the next.

According to CDSS, the regulations will allow licensed providers to obtain one license and select which age group(s) they wish to serve and obtain corresponding components. This is similar to the current toddler component program, under which infant and shoolage providers may serve toddlers 18 months to three years of age, as an extension of their infant or school age licenses. CDSS advises that they will eventually phase out the current license categories and transition holders of those licenses into the new integrated license.

Continuity of Care

This bill will require CDSS to consider best practices for continuity of care of the children and parents being served in child care centers. Continuity of care means that children and caregivers remain together for more than one year, often for the first three years of children’s lives. This is not the current practice at licensed child care in California, in which children are moved to a new group or a new caregiver based on age or on the achievement of developmental milestones.

Transitioning from one room to another in a child care setting due to pre-determined developmental stages (often based on birthdate), can be stressful for parents and children. The continuity of care for young children in day care centers and similar settings can reduce that stress by allowing for the ongoing relationship between parents, children and their care providers.

Continuity of care supports strong attachments between children and their care givers. According to a report published by Harvard University’s Center on the Developing Child titled, Three Principles to Improve Outcomes for Children and Families, “Relationships also help build resilience across childhood and into adulthood. The single most common factor for children and teens who develop the capacity to overcome serious hardship is having at least one stable and committed relationship with a supportive parent, caregiver, or other adult.”^[2]

Related legislation:

AB 1897 (Mullin, 2016) was similar to this bill and would have created an optional birth-to-entering-first-grade day care center license option. It did not pass out of Assembly Appropriations Committee.

AB 762 (Mullin, Chapter 373, Statutes of 2015) increased the upper age limit for optional toddler programs authorized by CDSS from 30 months to three years of age.

COMMENTS

This bill is the result of multi-year effort to streamline the licensing program for childcare centers. It provides CDSS general direction to promulgate regulations that will create a new integrated license for child care centers serving birth to schoolage children. Creating this new license category is intended to preserve the health and safety provisions of the three different license-types while improving administrative efficiencies for the state and for child care providers.

In order to provide structure and implementation timelines, the committee suggests the following amendments:

Add new section:

It is the intent of the Legislature to create a childcare center license with program components serving infant, toddler, preschool and schoolage children and that the department consider flexibility for child care providers, maximizing administrative efficiency, while supporting a continuum of services consistent with all respective health and safety requirements. 

On page 2, line 3:

1596.951. (a) The department, in consultation with stakeholders, shall adopt regulations on or before January 1, 2021, to combine the infant, preschool, and schoolage licenses and create an infant to schoolage license to create a child care center license to serve infant, toddler, preschool and schoolage children with all respective health and safety requirements for the age groups served. The department shall convert all active licenses for day care centers, as defined in section 1596.76 of HSC to a child care center license beginning January 1, 2021 thru December 31, 2023. 

(b) The regulations adopted pursuant to this section shall include, but are not limited to, all of the following:

(1) Age-appropriate program components for serving infant, toddler, preschool and schoolage children.

(2) Health and safety standards for children in care.

(3) Enhanced ability to transition children from one age group to the next.

(c) During the development and adoption of the regulations required by subdivision (a), the department shall consider best practices for continuity of care of the children and parents being served.

(d) The department may charge an applicant for an infant to schoolage license a fee commensurate with license fee schedules established in Section 1596.803.

(e) The department may use emergency rulemaking authority to adopt these regulations.

PRIOR VOTES

POSITIONS

Support:

California Alternative Payment Program Association

California State PTA

Child Care Alliance of Los Angeles

Child Care Resource Center

First 5 California

First5 Los Angeles

The Los Angeles County Office of Education

Oppose:

-- END --

1. https://www.childrennow.org/files/7014/8789/2011/ChildrenNow_StartingNowPolicyVision-2017.pdf ↑

2. https://developingchild.harvard.edu/resources/three-early-childhood-development-principles-improve-child-family-outcomes/ ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 605

Author:(Mullin)

As Amended Ver:

Majority vote

SUMMARY: Requires the Department of Social Services (DSS) to implement a birth-to-entering-first-grade day care center license option through the adoption of regulations. Specifically, this bill:

1. Requires DSS to adopt regulations implementing a birth-to-entering-first-grade license option for day care centers by January 1, 2019, that include all of the following, as specified:
   1. Age-appropriate transition periods that: permit a child to transition from one age group to another within three months before or after his or her birthday; consider the needs of the whole age group in order to move children together; take continuity of care into consideration; and consider the needs of day care center licensees to maximize utilization of spaces.
   2. A requirement that a birth-to-entering-first-grade licensee list the age groups of children being served at the center for license inspections, county needs assessments, and date collection; and
   3. A requirement that all other licensing regulations that apply to day care centers shall apply to the birth-to-entering-first-grade license option.
2. Authorizes a regulatory fee commensurate with other age-specific facility license fee schedules to be charged to a new applicant for a birth-to-entering-first-grade license option.
3. Requires a day care center licensee, until an existing day care center license has been replaced with a birth-to-entering-first-grade option, to meet the regulatory standards for the age groups of children being cared for at the center, and further, requires inspection standards to be based on the current license.

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) 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. Defines "infant" to mean a child under two years of age and defines "infant care center" to mean any child care center, or part thereof, where nonmedical care and supervision are provided to infants in a group setting and on less than a 24-hour-per-day basis. (22 California Code of Regulations (CCR) Section 101152 (s)(1 and 2))
4. Defines "school-age child" to mean any child who has either entered the first grade or higher or who is in a child care program that provides care and supervision exclusively to children enrolled in kindergarten and higher and defines a "school-age child care center" to mean any child care center, or part thereof, where nonmedical care and supervision are provided to school-age children in a group setting and on less than a 24-hour-per-day basis. (22 CCR Section 101152 (i)(1, 2))
5. Defines "preschool age children" to mean children who are enrolled in a licensed child day care center and who are not enrolled in either an infant care center or school-age child day care center. (HSC 1597.059)
6. Defines "combination center" to mean any combination of a child care center, infant 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. (22 CCR Section 101152 (c)(10))
7. Requires any person or entity operating, as specified, a child day care facility in California to have a current valid license. (HSC 1596.80)
8. 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)
9. 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 3 years of age and further requires this optional toddler program to meet certain requirements, as specified. (HSC 1596.955 and 1596.956)
10. 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: According to the Assembly Appropriations Committee on January 18, 2018, this bill may result in the following costs:

1. First-year costs to DSS in the range of $1 million to $2 million (General Fund) for regulatory and policy development, one-time contracts for automation, and technical assistant visits. These costs will likely decrease in the second year to between $500,000 and $1 million, and to less than $500,000 in the third year and ongoing; and
2. Unknown, likely cost savings resulting from administrative efficiencies are likely over time to the extent that inspections can be consolidated.

COMMENTS:

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

DSS's Community Care Licensing Division (CCLD) has the responsibility of licensing and monitoring the state's 12,570 day care centers (including 2,065 infant centers), which, as of June 30, 2017, provided 644,280 child care slots (47,680 of which were for infants). There are an additional 2,192 licensed school-age day care facilities which provided 131,262 slots as of that same date. CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes. CCLD conducts random inspections of 30% of facilities annually, and each facility must be visited at least once every three years; some exceptions triggering more frequent inspections exist.

State law and regulations dictate that infant care centers serve children under two years old, preschool child care centers serve children between the ages 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.

Continuity of care and child development: 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. Moreover, research indicates that infants who form strong attachments with their child care providers exhibit a greater likelihood of playing, exploring, and interacting with adults in their child care settings. The continuity of care for young children in day care centers and similar settings can also benefit caregivers and parents, allowing for the ongoing 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 administrative burden and aids centers in maintaining quality, developmentally appropriate practices that increase the number of children being cared for.

Writing in support, Children Now states that:

California is one of only two states that require separate licenses for serving infants/toddlers and preschoolers in child care centers. While this is the legacy of having pioneered quality standards for children of distinct ages beginning in the 1970s, it is now outdated and cumbersome for child care centers trying to achieve more streamlined classroom transitions and continuity of care… The currently siloed license structure essentially forces early care providers to move children out of one classroom and into another based on birthdates rather than their developmental needs. Continuity of care is considered foundational to providing quality services and creating a single license will positively impact the practices of private fee, state, and federally funded center-based programs…

There is no opposition on file.

PRIOR LEGISLATION:

AB 1897 (Mullin) of 2016, was similar to this bill and would have created an optional birth-to-entering-first-grade day care center license option. It was held in the Assembly Appropriations Committee.

AB 762 (Mullin), Chapter 373, Statutes of 2015, increased the upper age limit for optional toddler programs authorized by DSS from 30 months to three years of age.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0002555

Date of Hearing: January 18, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 605

Author:(Mullin) – As Amended Ver:March 23, 2017

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

SUMMARY: This bill requires the Department of Social Services (DSS) to implement a birth to entering first grade day care center license option through the adoption of regulations. Specifically, this bill:

1. Requires DSS, by January 1, 2019, to adopt regulations to develop and implement a “birth to entering first grade” license option for day care centers. The regulations must include age-appropriate transition periods, as specified, and requirements that a birth to entering first grade licensee list the age groups of children being served, as specified, and that all other licensing regulations that apply to a day care center will apply to a birth to entering first grade license option.
2. States that a new applicant for a birth to entering first grade license may be charged a fee commensurate with other age-specific facility license fee schedules.
3. Requires a day care center licensee to continue to meet regulatory requirements and inspection standards for the age groups of children receiving care in that center, until an existing day care center license has been replaced with a birth to entering first grade license.

FISCAL EFFECT:

1. First-year costs to DSS in the range of $1 million to $2 million (GF) for regulatory and policy development, one-time contracts for automation, and technical assistant visits. These costs will likely decrease in the second year to between $500,000 and $1 million, and to less than $500,000 in the third year and ongoing.
2. Unknown, likely cost savings resulting from administrative efficiencies are likely over time to the extent that inspections can be consolidated.

COMMENTS:

1. Purpose. According to the author, this bill “streamlines the bifurcated child care licensing system by creating a single license that reduces administrative burden and aids centers in maintaining quality, developmentally appropriate practices that increase the number of children being cared for.”
2. Background. The Community Care Licensing Division (CCLD) of DSS is responsible for licensing and monitoring the state’s 10,467 day care centers. CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes. CCLD conducts random inspections of 30% of facilities annually, and each facility must be visited at least once every five years. 

Infant centers serve children under two years old, preschool child care centers serve children between the ages 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.

1. Prior Legislation.

AB 1897 (Mullin), of the 2015-2016 Legislative Session, was similar to this bill and would have created an optional birth-to-entering-first-grade day care center license option. It was held on the Suspense File in this Committee.

AB 762 (Mullin), Chapter 373, Statutes of 2015, increased the upper age limit for optional toddler programs authorized by DSS from 30 months to three years of age.

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

Date of Hearing: January 9, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 605 (

Author:Mullin) – As Amended Ver:March 23, 2017

SUBJECT: Day care centers: birth to first grade license option

SUMMARY: Requires the Department of Social Services (DSS) to implement a birth-to-entering-first-grade day care center license option through the adoption of regulations.

Specifically, this bill:

1. Requires DSS to adopt regulations implementing a birth-to-entering-first-grade license option for day care centers by January 1, 2019, that include all of the following, as specified:
   1. Age-appropriate transition periods that: permit a child to transition from one age group to another within three months before or after his or her birthday; consider the needs of the whole age group in order to move children together; take continuity of care into consideration; and consider the needs of day care center licensees to maximize utilization of spaces.
   2. A requirement that a birth-to-entering-first-grade licensee list the age groups of children being served at the center for license inspections, county needs assessments, and date collection; and
   3. A requirement that all other licensing regulations that apply to day care centers shall apply to the birth-to-entering-first-grade license option.
2. Authorizes a regulatory fee commensurate with other age-specific facility license fee schedules to be charged to a new applicant for a birth-to-entering-first-grade license option.
3. Requires a day care center licensee, until an existing day care center license has been replaced with a birth-to-entering-first-grade option, to meet the regulatory standards for the age groups of children being cared for at the center, and further, requires inspection standards to be based on the current license.

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. Defines “infant” to mean a child under two years of age and defines “infant care center” to mean any child care center, or part thereof, where nonmedical care and supervision are provided to infants in a group setting and on less than a 24-hour-per-day basis. (22 CCR § 101152 (s)(1, 2))
4. Defines “school-age child” to mean any child who has either entered the first grade or higher or who is in a child care program that provides care and supervision exclusively to children enrolled in kindergarten and higher and defines a “school-age child care center” to mean any child care center, or part thereof, where nonmedical care and supervision are provided to school-age children in a group setting and on less than a 24-hour-per-day basis. (22 CCR § 101152 (i)(1, 2))
5. Defines “preschool age children” to mean children who are enrolled in a licensed child day care center and who are not enrolled in either an infant care center or school-age child day care center. (HSC 1597.059)
6. Defines “combination center” to mean any combination of a child care center, infant 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. (22 CCR § 101152 (c)(10))
7. Requires any person or entity operating, as specified, a child day care facility in California to have a current valid license. (HSC 1596.80)
8. 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)
9. 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 3 years of age and further requires this optional toddler program to meet certain requirements, as specified. (HSC 1596.955 and 1596.956)
10. 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 licensure, maintenance, and operation of child day care centers and family day care homes in the state are governed by the California Child Day Care Facilities Act. This law and the attendant regulations found in Title 22 of the California Code of Regulations establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements.

DSS’s Community Care Licensing Division (CCLD) has the responsibility of licensing and monitoring the state’s 12,570 day care centers (including 2,065 infant centers), which, as of June 30, 2017, provided 644,280 child care slots (47,680 of which were for infants). There are an additional 2,192 licensed school-age day care facilities which provided 131,262 slots as of that same date. CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes. CCLD conducts random inspections of 30% of facilities annually, and each facility must be visited at least once every three years; some exceptions triggering more frequent inspections exist.

State law and regulations dictate that infant care centers serve children under two years old, preschool child care centers serve children between the ages 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.

Continuity of care and child development: 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. Moreover, research indicates that infants who form strong attachments with their child care providers exhibit a greater likelihood of playing, exploring, and interacting with adults in their child care settings. The continuity of care for young children in day care centers and similar settings can also benefit caregivers and parents, allowing for the ongoing 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 administrative burden and aids centers in maintaining quality, developmentally appropriate practices that increase the number of children being cared for.”

Writing in support, Children Now states that:

“California is one of only two states that require separate licenses for serving infants/toddlers and preschoolers in child care centers. While this is the legacy of having pioneered quality standards for children of distinct ages beginning in the 1970s, it is now outdated and cumbersome for child care centers trying to achieve more streamlined classroom transitions and continuity of care…The currently siloed license structure essentially forces early care providers to move children out of one classroom and into another based on birthdates rather than their developmental needs. Continuity of care is considered foundational to providing quality services and creating a single license will positively impact the practices of private fee, state, and federally funded center-based programs…”

PRIOR LEGISLATION:

AB 1897 (Mullin), 2016, was similar to this bill and would have created an optional birth-to-entering-first-grade day care center license option. It died in the Assembly Appropriations Committee.

AB 762 (Mullin), Chapter 373, Statutes of 2015, increased the upper age limit for optional toddler programs authorized by DSS from 30 months to three years of age.

REGISTERED SUPPORT / OPPOSITION:

Support

California Alternative Payment Program Association (CAPPA)

Children NOW

Los Angeles County of Education

Opposition

None on file.

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