Assembly Bill (AB) 762 would eliminate the bifurcation of early care licensing in California into two separate licenses and a Toddler Component option and create a single license for child care centers serving children birth through entering Kindergarten.
STATUS:
Introduced: 02/25/2015
Last Amend: 04/08/2015
Disposition: Pending
Location: Assembly Appropriations Committee
BACKGROUND:
Specifically, this bill:
1) Makes certain Legislative findings and declarations pertaining to the early care licensing system in California and its separate treatment of infants and toddlers and preschool-age children.
a) Declares the intent of the Legislature to require the following under a new, integrated day care licensing structure:
b) Grouping children together by age-appropriate developmental levels and following appropriate staff-child ratios and group-sized regulations;
c) Transitioning children from age-appropriate settings when their developmental level warrants this move;
d) Considering a child's chronological age and the entire group's need when making decisions regarding moving a child;
e) Ensuring supervision of all children by teachers and aides with appropriate qualifications;
f) Grouping toddlers with either infants or preschoolers as long as the requirements applicable to the youngest age group are followed;
g) Placing emphasis on improving quality of care and education for children from birth to kindergarten placed in center-based programs;
h) Promoting long-term efficiency within the Community Care Licensing Division (CCLD) of DSS through eliminating duplicate paperwork and compliance visits to day care centers; and
i) Conducting day care center inspections based on a single integrated license.
2) Directs DSS, in consultation with stakeholders including the California Department of Education and others, as specified, to adopt regulations to develop and implement a single integrated license for a day care center serving children from birth to kindergarten by January 1, 2018. Further requires that these regulations include age-appropriate transition times, as specified, and that an integrated license issued to a new or current day care center licensee list the age groups of children being served for specified purposes.
3) Requires, during the period of January 1, 2018, to December 1, 2018, an existing day care license to be converted to a single integrated license upon annual renewal and that, prior to this conversion, a day care center licensee shall continue to meet regulatory requirements and inspection standards for the age groups of children receiving care in that center.
4) States that licensees shall not be required to pay an additional fee for this conversion to a single integrated license other than the annual fee, and stipulates that a new applicant for a single integrated license may be charged a fee commensurate with the previous cost for dual licenses.
5) Directs day care centers with an optional toddler program to, beginning January 1, 2016, extend the toddler component to children up to three years old.
6) Repeals references in statute to the optional toddler program beginning January 1, 2018.
EXISTING LAW:
1) Establishes the California Child Day Care Facilities Act, creating a separate licensing category for child day care centers and family day care homes within DSS's existing licensing structure. (HSC 1596.70 et seq.)
2) Defines "day care center" to include infant centers, preschools, extended day care facilities, and school-age child care centers. (HSC 1596.76)
3) Requires any person or entity operating, as specified, as child day care facility in California to have a current valid license. (HSC 1596.80)
4) Requires DSS to charge an original application fee for the issuance of a license to operate a child day care facility and, thereafter, an annual fee and that these fees be adjusted by facility and capacity. (HSC 1596.803)
5) Directs DSS to develop guidelines and procedures for authorizing licensed child day care centers serving preschool-age children and licensed child day care centers serving infants to create a special optional toddler program for children between the ages of 18 and 30 months and further requires this optional toddler program to meet certain requirements, as specified. (HSC 1596.955 and 1596.956)
6) Requires DSS to conduct unannounced visits of each licensed day care center and requires that no center be visited less frequently than once every five years. Further requires DSS to conduct annual unannounced visits of licensed centers under specified circumstances, such as when a license is on probation. Additionally requires annual visits of a random sample of at least 20% of facilities not subject to annual inspections for specified circumstances and states that, should the total citations for this 20% of facilities exceed the previous year's by 10%, the random sample subject to annual inspection shall increase in the next year by 10%. Because of this trigger, 30% of eligible facilities are now randomly sampled each year for inspection. (HSC 1597.09)
7) Directs DSS, and any local agency with which it contracts for purposes of licensing activities, to conduct an initial site visit and grant or deny an application for license within 30 days of receiving a complete licensing application for a day care center. (HSC 1597.13)
FISCAL EFFECT: Unknown
COMMENTS:
Licensed child care: The California Child Day Care Facilities Act governs the licensure and operation of child day care centers and family day care homes. This law and the attendant regulations found in Title 22 of the California Code of Regulations establish general health and safety requirements, staff-to-child ratios, and provider training requirements.
The Community Care Licensing Division (CCLD) of DSS is responsible for licensing and monitoring the state's 10,453 day care centers, which, as of June 30, 2014, provided 588,058 child care slots. CCLD is required to conduct unannounced site visits of all licensed child day care facilities and homes. At the very least, these facilities and homes must be visited no less frequently than once every five years. CCLD also conducts annual visits of facilities with poor histories of compliance and those that are required to have yearly visits by federal law. Additionally, 30% of those facilities not required to be inspected yearly are randomly selected for annual inspection.
Infant centers serve children under two years old, preschool child care centers serve children between the age of 2 and when they start school, and school-age child care centers serve children who have entered the first grade or are in a child care program exclusively for children in kindergarten and above. A "combination center" is any combination of an infant center, preschool child care center, school-age child care center and child care center for mildly ill children that is owned and operated by one licensee at a common address. In California, separate licenses are currently required for serving infants and for serving preschool-age children. Thus, owner/operators of combination centers serving both populations must get two licenses and undergo separate inspection and compliance processes for each license.
Toddler program: In 1988, the Senate Select Committee on Children and Youth and the Senate Select Committee on Infant and Child Care and Development convened a task force to examine what at the time were the two basic licensing categories for child care centers: an infant category for children up to 2 years of age, and a second category for children between the ages of 2 and 12. This task force recommended the establishment of a third optional category for toddlers between the ages of 18 and 30 months. SB 629 (Morgan), Chapter 1079, Statutes of 1989, established this optional license category for day care programs and SB 434 (Morgan), Chapter 246, Statutes of 1993, refined and made the optional program permanent.
As it currently exists, the optional toddler program is available to both centers that serve preschool-age children and centers that serve infants. These centers can create a special program component for children between the ages of 18 and 30 months; the program has its own staffing ratio and maximum group size requirements, but is considered an extension of the infant or preschool license and does not require a separate license. The toddler program is to be located in areas separate from those used by younger and older children. Children can only be placed in this program with parental consent. A toddler who is more than 30 months of age may participate in an optional toddler program with parental permission.
Continuity of care and child development: Child care providers and caregivers, when they form continuous attachments with young children through providing regular care, can have positive impacts on the development of those children. Research indicates that infants who form strong attachments with their child care providers exhibit higher likelihood of playing, exploring, and interacting with adults in their child care settings. Conversely, it has been found that when very young children are made to transition from one room to another in a care setting due to pre-determined developmental stages (often based on birthdate), they can experience high levels of distress. Fewer demonstrations of behavior problems while at child care have also been found in young children who experience lower turnover in care providers and longer periods spent with their primary caregiver. Continuity of care for young children can also provide benefits for caregivers and parents, allowing for the continued development of trust between parents and care providers.
Need for this bill: According to the author, this bill "streamlines the bifurcated child care licensing system by creating a single license that reduces the administrative burden, removes the 'toddler component' option process, and aids centers in keeping child care slots filled by preventing the immediate movement of children based on their birthdate. This policy goes a long way to simplify the childcare licensing process while maintaining quality developmentally appropriate practices and eases the ability to provide continuity of care for children and families which is necessary for their success."
Supporters state that California is one of only two states that issue separate licenses for infant/toddlers and for preschool centers, and that the transition from an infant area to preschool at 24 months of age (or 30 months if the center has an optional toddler program) is particularly rigid, doesn't allow flexibility for the varying developmental needs of different infants and toddlers, and creates barriers to continuity of relationships. This siloed licensing structure, they claim, ignores the developmental needs of the child and forces providers to move children out of one classroom and into another based on birthdates without appropriately considering other needs.
REGISTERED SUPPORT / OPPOSITION:
Support:
Advancement Project
American Federation of State, County and Municipal Employees (AFSCME)
California Alternative Payment Program Association (CAPPA)
California Association for the Education of Young Children
California Child Care Resource & Referral Network
California Head Start Association
Child Care Partnership Council of San Mateo
Child Care Resource Center
Children NOW
Cleanology Housekeeping Personal Services
Elder Caring
First 5 Association of CA
First 5 Santa Clara County
Foodsteps Child Care, Inc.
Institute for Human and Social Development Inc.
Little Mud Puddles Learning Center
Los Angeles County Office of Education (LACOE)
MAAC
Pacific Clinics
Peninsula Family Services
San Mateo County Child Care Partnership Council
Opposition:
None on file. |