Welfare and Institutions Code — Part 1 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 1 of 35 · provisions 1–200

This section says the act is to be known as the Welfare and Institutions Code.

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The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

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  1. 1.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

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    This section says the act is to be known as the Welfare and Institutions Code.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 1. This act shall be known as the Welfare and Institutions Code. (Enacted by Stats. 1937, Ch. 369.)
  2. 10.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

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    This section defines “section” and “subdivision” for the code, unless another statute or section is expressly mentioned.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 10. “Section” means a section of this code unless some other statute is specifically mentioned, and “subdivision” means a subdivision of the section in which that term appears unless some other section is expressly mentioned. (Enacted by Stats. 1937, Ch. 369.)
  3. 100.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. )

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    The Judicial Council must set up CASA program guidelines and funding procedures, and funding is tied to compliance with those guidelines.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. ) ## 100. (a) The Judicial Council shall establish a planning and advisory group consisting of appropriate professional and program specialists to recommend on the development of program guidelines and funding procedures consistent with this chapter. At a minimum, the council shall adopt program guidelines consistent with the guidelines established by the National Court Appointed Special Advocate Association, and with California law, but the council may require additional or more stringent standards. State funding shall be contingent on a program adopting and adhering to the program guidelines adopted by the council. (b) The program guidelines adopted by the council shall be adopted and incorporated into local rules of court by each participating superior court as a prerequisite to funding pursuant to this chapter. (c) The council shall adopt program guidelines and criteria for funding that encourage multicounty CASA programs where appropriate, and shall not provide for funding more than one program per county. (d) The council shall establish, in a timely fashion, a request-for-proposal process to establish, maintain, or expand local CASA programs and may require local matching funds or in-kind funds not to exceed the proposal request. The maximum state grant per county program per year shall not exceed seventy thousand dollars ($70,000) in counties in which the population is less than 700,000 and shall not exceed one hundred thousand dollars ($100,000) in counties in which the population is 700,000 or more, according to the annual population report provided by the Department of Finance. (Amended by Stats. 2020, Ch. 36, Sec. 45. (AB 3364) Effective January 1, 2021.)
  4. 1000.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

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    From July 1, 2005, references to the Department of the Youth Authority are treated as references to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1000. Commencing July 1, 2005, any reference to the Department of the Youth Authority refers to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, which has jurisdiction over all educational training and treatment institutions now or hereafter established and maintained in the state as correctional schools for the reception of wards of the juvenile court and other persons committed to the department. (Amended by Stats. 2005, Ch. 10, Sec. 72. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  5. 1000.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

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    The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1000.1. In order to provide counties with alternative placement options, the Department of the Youth Authority is authorized to establish, maintain, or facilitate the development of regional centers, which may be available on a contract basis to counties for the placement of wards. The regional centers, depending on the services needed, may provide, but are not limited to, the following: mental health programs, short-term incarceration and treatment services, and boot camp programs. This section shall not be interpreted to prohibit counties from jointly developing regional centers. (Added by Stats. 1994, Ch. 452, Sec. 1. Effective January 1, 1995.)
  6. 1000.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

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    When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1000.5. Where in any law of this State the name “Whittier State School” appears it shall hereafter be understood to mean and shall be construed to refer to Fred C. Nelles School for Boys. (Added by renumbering Section 155.5 by Stats. 1943, Ch. 481.)
  7. 1000.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

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    This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1000.7. As used in this chapter, “Youth Authority,” “authority,” and “the authority” mean and refer to the Department of the Youth Authority, and “board” means and refers to the Youth Authority Board. (Amended by Stats. 2004, Ch. 183, Sec. 372. Effective January 1, 2005.)
  8. 10000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10000. The purpose of this division is to provide for protection, care, and assistance to the people of the state in need thereof, and to promote the welfare and happiness of all of the people of the state by providing appropriate aid and services to all of its needy and distressed. It is the legislative intent that aid shall be administered and services provided promptly and humanely, with due regard for the preservation of family life, and without discrimination on account of ancestry, marital status, political affiliation, or any characteristic listed or defined in Section 11135 of the Government Code. That aid shall be so administered and services so provided, to the extent not in conflict with federal law, as to encourage self-respect, self-reliance, and the desire to be a good citizen, useful to society. (Amended by Stats. 2007, Ch. 568, Sec. 51. Effective January 1, 2008.)
  9. 10001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    This section states the purposes of public social services funded by state grants-in-aid to counties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10001. The purposes of the public social services for which state grants-in-aid are made to counties are: (a) To provide on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons. (b) To provide timely and appropriate services to assist individuals develop or use whatever capacity they can maintain or achieve for self-care or self-support. (c) To provide protective services to handicapped or deprived persons subject to social or legal disability, and to children and others subject to exploitation jeopardizing their present or future health, opportunity for normal development, or capacity for independence. (Added by Stats. 1965, Ch. 1784.)
  10. 10002.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    If an applicant or recipient of public social services cannot manage their resources or arrange their care and cannot get a private attorney, the county counsel or, if there is no county counsel, the district attorney may start guardianship or conservatorship proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10002. When an applicant for or recipient of public social services is incapable of managing his own resources and planning or carrying out arrangements for his own care and maintenance, and the applicant or recipient cannot secure the services of a private attorney, if authorized by the board of supervisors, the county counsel at the request of the county department, or the district attorney, if a county counsel does not exist, may initiate and carry out proceedings for the appointment of a public or private guardian or public or private conservator, or for changing the form of legal protection when this is indicated. Costs incurred in such proceedings for the protection of applicants or recipients, when not available from the person’s own resources, shall be a proper welfare administrative or service cost, except where a relative engages a private attorney to accomplish this purpose. (Amended by Stats. 1980, Ch. 415, Sec. 2.)
  11. 10003.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    When a person receiving aid moves counties, they must promptly notify either county, and the notified county must start transferring benefits within seven business days.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10003. (a) It shall be the responsibility of a recipient of aid pursuant to this division changing residence from one county to another to promptly notify either the county from which he or she moves or the county to which he or she moves of the change of residence. Recipients of CalWORKs, CalFresh, or Medi-Cal shall have the option to report a change of residence in person, in writing, telephonically, or, if the technology is available, electronically online and shall be advised of these options at the time of application and redetermination or recertification. Within seven business days of notice of a new residence, the notified county shall initiate an intercounty transfer for all benefits under this division that the recipient is receiving, and benefits shall be transferred no later than the first day of the next available benefit month following 30 days after a county was notified pursuant to this section. (b) To the greatest extent possible, the intercounty transfer process shall be simple and client friendly and minimize workload for county eligibility operations. The process shall ensure the applicant or recipient does not need to provide copies of documents that were previously provided to the prior county of residence, and there is no interruption in benefits. (c) Case file documents shall be electronically shared between the prior county of residence and the new county of residence, to the extent possible, as specified by the relevant state departments. (d) Notwithstanding Section 11052.5, the new county of residence shall not interview recipients moving to that county from another county to determine continued eligibility for CalFresh or CalWORKs until the next scheduled recertification pursuant to Section 18910.1 or redetermination pursuant to Section 11265. This section shall not preclude the new county of residence from interviewing CalWORKs recipients regarding welfare-to-work program participation, which is not a requirement for an intercounty transfer of CalWORKs eligibility. (e) For beneficiaries required to receive services through a Medi-Cal managed care health plan, the following shall apply: (1) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved, the beneficiary shall have continued access to emergency services and any other coverage the managed care health plan authorizes out-of-network until the time that the intercounty transfer process pursuant to subdivision (a) is complete and the beneficiary is disenrolled from the managed care health plan. (2) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved and needs nonemergent care that same month in the new county, the Medi-Cal Managed Care Ombudsman shall, upon request by the beneficiary or either county, disenroll the beneficiary as an expedited disenrollment from his or her managed care health plan. County-initiated disenrollment using an online form shall be processed no later than three business days after the request is made. Beneficiary-initiated disenrollment by telephone shall be effective no later than two business days after the request is made when the request is made before 5 p.m. Any beneficiary-initiated disenrollment request by phone made after 5 p.m. shall be processed the following business day and be effective no later than two business days after the request is processed. (3) A beneficiary who is disenrolled from the managed care health plan in the county from which he or she moved pursuant to paragraph (2) shall be entitled to the full scope of benefits for which he or she is entitled to in the new county through the fee-for-service delivery system until he or she is enrolled in a managed care health plan in the new county. (4) If the beneficiary moves to a county that provides Medi-Cal services through a county organized health system, the beneficiary shall be enrolled in that county organized health system plan on the first day of the following month once the new county of residence is reflected in the Medi-Cal Eligibility Data System. If a beneficiary moves to a county without a county organized health system, the usual health plan choice process shall apply. (f) Failure to report a move to a different county within the state in itself shall not constitute a basis for an overpayment. (g) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services and the State Department of Social Services, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The State Department of Health Care Services and the State Department of Social Services shall adopt regulations by July 1, 2021, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) Beginning June 1, 2017, and notwithstanding Section 10231.5 of the Government Code, the State Department of Health Care Services and the State Department of Social Services shall provide a status report on the adoption of the regulations to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. (h) This section shall be implemented only if, and to the extent, that federal financial participation is available and any necessary federal approvals have been obtained. (i) This section shall become operative on June 1, 2017. (Added by Stats. 2016, Ch. 801, Sec. 1. (SB 1339) Effective January 1, 2017. Section operative June 1, 2017, by its own provisions.)
  12. 10006.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County human services agencies must name a staff liaison, and the state social services department must create training, convene a quarterly workgroup, report to the Legislature, and handle personal information consistently with confidentiality laws.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10006. (a) A county human services agency shall designate at least one employee as a staff liaison, as provided in this section. The staff liaison shall serve as a point of contact for academic counselors and other relevant professional staff at a campus of an institution of public higher education located within the county and provide information on programs and services offered by the agency that may be available to students attending a campus of an institution of public higher education within the county. This requirement is not intended to supersede or otherwise alter existing relationships between counties and campuses of an institution of public higher education, including, but not limited to, coordination related to CalWORKs welfare-to-work participants who are attending a campus of an institution of public higher education. (b) A county human services agency subject to this section, with input from the public institutions of higher education located within the county, including basic needs directors, basic needs coordinators, or designated staff from each campus of a public institution of higher education, shall develop protocols for engagement between the agency and a campus of an institution of public higher education located within the county. The agency and the public institutions of higher education located within the county are encouraged to consult stakeholders while developing the protocol, including, but not limited to, all of the following: (1) A representative from each campus of an institution of public higher education within the county. The representative shall be a staff member tasked with addressing students’ basic needs on the campus. (2) A counselor or other relevant professional staff from each campus of an institution of public higher education within the county. (3) Relevant organizations representing the interests of students, faculty, and staff from each campus of an institution of public higher education within the county. (c) Counties are encouraged to provide information to the campuses of an institution of public higher education located within their borders regarding the location and hours of county human services agency public offices, as well as information regarding online and telephone access to program applications. Each campus of an institution of public higher education is encouraged to disseminate information regarding applying for human services programs and benefits to the campus administrator associated with student services or their designee. (d) The State Department of Social Services shall do all of the following: (1) In consultation with staff liaisons and basic needs directors, basic needs coordinators, or other designated professional staff from institutions of public higher education within the county, develop a training to be available for basic needs directors, staff of a campus basic needs center, other designated professional staff from each campus of an institution of higher education, and eligibility workers. The training shall focus on public social services topics, including all of the following: (A) Local Programs that Increase Employability (LPIE) familiarity. (B) State Department of Health Care Services and State Department of Social Services policy updates, including review of the CalFresh Student Eligibility Handbook. (C) Other college student related training, including information related to financial aid, scholarships, dependent status, eligibility criteria for public social services programs, and other information related to the needs specific to college students. (2) Convene a workgroup that meets quarterly to share best practices, address challenges, and identify statewide issues, comprised of all of the following: (A) At least 12 county staff liaisons, comprised of at least 2 county staff liaisons from each of the six regions of the California Statewide Automated Welfare System (CalSAWS) consortium. (B) At least four college campus basic needs directors, basic needs coordinators, or other designated campus staff from multiple regions and campuses. (C) At least one staff member from each higher education segment, including, but not limited to: (i) The office of the Chancellor of the California State University. (ii) The office of the Chancellor of the California Community Colleges. (iii) The office of the President of the University of California if a representative is provided. The office of the President of the University of California is requested to provide a representative for purposes of this workgroup. (D) The Center for Healthy Communities at California State University, Chico. (E) Relevant stakeholders as needed to share best practices, updates, challenges, or other topics related to programs and services offered by the department that may be available to students attending the campus of an institution of public higher education. (3) (A) On or before May 1, 2027, and every three years thereafter, in collaboration with stakeholders identified pursuant to this section, submit a report to the Legislature with findings and recommendations relating to enrollment success trends, best practices, and services offered by the department that may be available to students attending a campus of an institution of public higher education. (B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (e) Any disclosure or sharing of personal information under this section shall be made in compliance with applicable state and federal confidentiality laws. (f) For purposes of this section, “basic needs coordinator” means a coordinator, as defined in Section 66023.4 or 66023.5 of the Education Code. (g) For purposes of this section, “public higher education” has the same meaning as in Section 66010 of the Education Code. (h) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement this section by all-county letters or similar instructions. (Amended by Stats. 2025, Ch. 607, Sec. 2. (AB 79) Effective January 1, 2026.)
  13. 1001.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

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    The Youth Authority has general government and supervision over each such institution.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1001. The general government and supervision of each such institution is vested in the Youth Authority. (Amended by Stats. 1943, Ch. 481.)
  14. 1001.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

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    This section forbids knowingly bringing, sending, assisting with, or possessing certain contraband in Youth Authority institutions or camps, unless authorized; using tear gas there is a felony.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1001.5. (a) Except when authorized by law, or when authorized by the person in charge of an institution or camp administered by the Youth Authority, or by an officer of the institution or camp empowered by the person in charge of the institution or camp to give that authorization, any person who knowingly brings or sends into, or who knowingly assists in bringing into, or sending into, any institution or camp, or the grounds belonging to any institution or camp, administered by the Youth Authority, or any person who, while confined in the institution or camp knowingly possesses therein, any controlled substance, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code; any alcoholic beverage; any firearm, weapon or explosive of any kind; or any tear gas or tear gas weapon shall be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) Except as otherwise authorized in the manner provided in subdivision (a), any person who knowingly uses tear gas or uses a tear gas weapon in any institution or camp specified in subdivision (a) is guilty of a felony. (c) This section shall not be construed to preclude or in any way limit the applicability of any other law proscribing a course of conduct also proscribed by this section. (Amended by Stats. 2011, Ch. 15, Sec. 618. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  15. 1001.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    A person with a prior felony conviction who was confined in a state prison in California commits a misdemeanor if they enter the grounds of a California Youth Authority institution, or nearby lands, at night without consent and then refuse to leave when asked.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1001.7. Every person who, having been previously convicted of a felony and confined in any state prison in this state, without the consent of the officer in charge of any California Youth Authority institution comes upon the grounds of any such institution, or lands belonging or adjacent thereto, in the nighttime, and who refuses or fails to leave upon being requested to do so by an employee of the institution, is guilty of a misdemeanor. (Added by Stats. 1972, Ch. 497.)
  16. 10010.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A qualifying Chiquita Canyon elevated temperature landfill event payment is not counted as income or resources when deciding eligibility for, or the amount of, certain means-tested benefits and guaranteed income payments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10000 - 10010] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10010. (a) Notwithstanding any other law and to the extent permitted by federal law, a Chiquita Canyon elevated temperature landfill event payment received by a taxpayer shall not be considered income or resources for purposes of determining eligibility for benefits, or the amount of benefits, under a means-tested program, including, but not limited to, any of the following: (1) Childcare and development programs, as defined in Section 10213.5. (2) The California Work Opportunity and Responsibility to Kids (CalWORKs) program, as described in Chapter 2 (commencing with Section 11200) of Part 3. (3) The Kinship Guardianship Assistance Payment (Kin-GAP) Program, as described in Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3. (4) The State Supplementary Program (SSP) for Aged, Blind and Disabled, as described in Chapter 3 (commencing with Section 12000) of Part 3. (5) The Medi-Cal program, as described in Chapter 7 (commencing with Section 14000) of Part 3. (6) The Adoption Assistance Program (AAP), as described in Chapter 2.1 (commencing with Section 16115) of Part 4. (7) General assistance programs, as described in Chapter 1 (commencing with Section 17000) of Part 5. (8) The CalFresh program, as described in Chapter 10 (commencing with Section 18900) of Part 6. (9) The California Food Assistance Program (CFAP), as described in Chapter 10.1 (commencing with Section 18930) of Part 6. (10) The Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI), as described in Chapter 10.3 (commencing with Section 18937) of Part 6. (b) Notwithstanding any other law and to the extent permitted by federal law, a Chiquita Canyon elevated temperature landfill event payment received by a taxpayer shall not be considered income or resources for purposes of determining eligibility for guaranteed income payments or the amount of those guaranteed income payments. (c) For purposes of this section: (1) “Chiquita Canyon elevated temperature landfill event payment” has the same meaning as defined in Sections 17157.5 and 24309.9 of the Revenue and Taxation Code. (2) “Guaranteed income payments” means unconditional, recurring, regular cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but not limited to, payments provided through pilot programs or projects receiving funding from the California Guaranteed Income Pilot Program, as described in Chapter 16 (commencing with Section 18997) of Part 6, or payments provided through locally funded programs. (Added by Stats. 2025, Ch. 17, Sec. 26. (SB 132) Effective June 27, 2025.)
  17. 1002.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The Youth Authority may take lawful actions it considers necessary for the schools’ purposes and inmate welfare, education, and reformation, but it may not incur debt beyond available appropriated funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1002. The Youth Authority may do all lawful acts which it deems necessary to effectuate the purposes for which such schools are established, and to promote the well-being, education and reformation of the inmates thereof; but the authority shall not incur any indebtedness in excess of the moneys appropriated or otherwise made available for the use of such schools. (Amended by Stats. 1943, Ch. 481.)
  18. 10020.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Health Care Insurance [10020 - 10025] ( Chapter 1.5 added by Stats. 1971, Ch. 812. )

    Verify source ↗

    People with private health care coverage are not entitled to the same care paid for by a publicly funded health care program, and the private carrier must reimburse the public program when it pays for that care.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Health Care Insurance [10020 - 10025] ( Chapter 1.5 added by Stats. 1971, Ch. 812. ) ## 10020. (a) No person having private health care coverage shall be entitled to receive the same health care items or services furnished or paid for by a publicly funded health care program. (b) As used in this chapter: (1) “Publicly funded health care program” shall mean care or services rendered by a local government or any facility thereof, or health care services for which payment is made under the California Medical Assistance Program established by Chapter 7 (commencing with Section 14000) of Part 3 of this division by the State Department of Health Services or by its fiscal intermediary, or by a carrier or other organization with which the State Department of Health Services has contracted to furnish those services or to pay providers who furnish those services. (2) As used in this chapter, “private health care coverage” means any health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service benefit plan, managed care organization, including health care service plans as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. (c) If a person receives health care furnished or paid for by a publicly funded health care program, the carrier of the person’s private health care coverage shall reimburse the publicly funded health care program the cost incurred in rendering that care to the extent of the benefits provided under the terms of the policy for the items provided or the services rendered. (Amended by Stats. 2007, Ch. 188, Sec. 32. Effective August 24, 2007.)
  19. 10022.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Health Care Insurance [10020 - 10025] ( Chapter 1.5 added by Stats. 1971, Ch. 812. )

    Verify source ↗

    Private health care coverage entities must accept the state’s recovery rights, respond to certain inquiries, handle claims within specified time limits, and request refund corrections within three years; publicly funded health care programs get subrogation rights.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Health Care Insurance [10020 - 10025] ( Chapter 1.5 added by Stats. 1971, Ch. 812. ) ## 10022. (a) Each publicly funded health care program, as defined in paragraph (1) of subdivision (b) of Section 10020, that furnishes or pays for health care items or services under this division to a person having private health care coverage shall be entitled to be subrogated to the rights that person has against the carrier of the coverage to the extent of the health care items provided or services rendered. (b) An entity providing private health care coverage, as defined in paragraph (2) of subdivision (b) of Section 10020, shall do all of the following: (1) Accept the state’s right of recovery and the assignment to the state of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan, waivers granted in accordance with Section 1315 or 1396n of Title 42 of the United States Code, or through a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101. (2) Respond to an inquiry by the state or a provider, as defined in subdivision (o) of Section 14043.1, including a billing agent or a billing agent of the provider, as defined in subdivision (a) of Section 14040.1, or a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, regarding a claim for payment for a health care item or service that is submitted not later than three years after the date of the provision of that health care item or service. (3) Agree not to deny a claim submitted by the state, a provider as defined in paragraph (2), or a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, or in the case of a responsible third party, a failure to obtain a prior authorization for the item or service for which the claim is being submitted if both of the following occur: (A) The claim is submitted by the state, a provider as defined in paragraph (2), or a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, within the three-year period beginning on the date on which the item or service was furnished. (B) An action by the state, a provider as defined in paragraph (2), or a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, to enforce its rights with respect to that claim is commenced within six years of the state’s or provider’s submission of the claim. (4) Request a refund of a claim paid in error no later than three years from the date the payment was made to the State Department of Health Care Services. The State Department of Health Care Services shall not refund a claim paid in error if the request for a refund is more than three years from the date the payment was made to the State Department of Health Care Services. (5) Respond to a request for payment by the state, a provider as defined in paragraph (2), or a Medi-Cal managed care plan, as defined in paragraph (2), within 60 days by providing one of the following: (A) Payment on the claim. (B) A written request for additional information necessary to process the claim. (C) A written explanation for the denial of the claim. (Amended by Stats. 2024, Ch. 492, Sec. 16. (SB 1511) Effective January 1, 2025.)
  20. 10024.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Health Care Insurance [10020 - 10025] ( Chapter 1.5 added by Stats. 1971, Ch. 812. )

    Verify source ↗

    Private health care coverage contracts or renewals after January 1, 1972 are treated as including payment to a publicly funded health care program for covered care costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Health Care Insurance [10020 - 10025] ( Chapter 1.5 added by Stats. 1971, Ch. 812. ) ## 10024. Every contract or agreement for private health care coverage entered into or renewed after January 1, 1972, is deemed to provide for payment to a publicly funded health care program for the actual cost that the program incurs in providing health care items or rendering health care services to any party or beneficiary of that contract or agreement to the extent of the benefits provided under the terms of the policy for the items provided or services rendered. (Amended by Stats. 2007, Ch. 188, Sec. 34. Effective August 24, 2007.)
  21. 10025.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Health Care Insurance [10020 - 10025] ( Chapter 1.5 added by Stats. 1971, Ch. 812. )

    Verify source ↗

    The state must not reimburse local governments or their facilities for certain care costs, and state participation in some local programs must be reduced proportionately.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Health Care Insurance [10020 - 10025] ( Chapter 1.5 added by Stats. 1971, Ch. 812. ) ## 10025. The state shall not reimburse any local government or any facility thereof, under Medi-Cal or under any other health program where the state pays part or all of the costs, for care provided to a person covered under any disability insurance, health insurance, or prepaid health plan. In local programs fully or partially funded by the state, state participation shall be reduced in an amount proportionate to the cost of service provided to a person violating Section 10020. (Added by Stats. 1971, Ch. 812.)
  22. 1003.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The authority must have charge of the property belonging to each institution.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1003. The authority shall have charge of the land, buildings, apparatus, tools, stock, provisions and other property belonging to each such institution. (Amended by Stats. 1943, Ch. 481.)
  23. 1004.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The authority must take charge of persons in each institution and provide for their care, supervision, education, training, employment, discipline, and government.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1004. The authority shall have charge of the persons committed to or confined in each such institution, and shall provide for their care, supervision, education, training, employment, discipline, and government. It shall exercise its powers toward the correction of their faults, the development of their characters, and the promotion of their welfare. (Amended by Stats. 1943, Ch. 481.)
  24. 10050.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The chapter’s definitions control how this division is interpreted, unless the context requires otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10050. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division. (Added by Stats. 1965, Ch. 1784.)
  25. 10051.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    “Public social services” means certain state and local government activities supervised or administered by the department or the State Department of Health Services that provide aid or services, including health care services and medical assistance, to people in need because of their economic circumstances or social condition.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10051. “Public social services” means those activities and functions of state and local government administered or supervised by the department or the State Department of Health Services and involved in providing aid or services or both, including health care services and medical assistance, to those people of the state who, because of their economic circumstances or social condition, are in need thereof and may benefit thereby. (Amended by Stats. 1977, Ch. 1252.)
  26. 10052.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    “Aid” means financial assistance for needy persons under this division, including direct money payments and vendor payments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10052. “Aid” means financial assistance provided to or in behalf of needy persons under the terms of this division, including direct money payments and vendor payments. (Amended by Stats. 1977, Ch. 1252.)
  27. 10053.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section defines “services” and describes children’s services and educational services within public social services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10053. (a) “Services” means those activities and functions performed by social work staff and related personnel of the department and county departments with or in behalf of individuals or families, which are directed toward the improvement of the capabilities of the individuals or families maintaining or achieving a sound family life, rehabilitation, self-care, and economic independence. (b) Services for children shall include the coordinated efforts of the State Departments of Social Services and Education to ensure that all children in receipt of aid under CalWORKs are afforded the opportunity to participate and progress under an educational program that will lead to their functioning at full capacity upon reaching maturity. The educational services aspect of public social services includes education for parents in food preparation and provision for nutritional supplements to the extent necessary and as authorized by Article 9 (commencing with Section 49510 of Chapter 9 of Part 27 of the Education Code. (Amended by Stats. 2006, Ch. 538, Sec. 700. Effective January 1, 2007.)
  28. 10053.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Funding for Sections 10053 and 14503 is subject to Part 1.5, and funding for Sections 14503 and 14504 cannot drop below the amount appropriated for family planning services in fiscal year 1977–78.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10053.25. Funding of Sections 10053 and 14503 is subject to the provisions of Part 1.5 (commencing with Section 10100). The level of funding for Sections 14503 and 14504 shall not fall below the total amount appropriated for family planning services in the 1977–78 fiscal year. (Amended by Stats. 1980, Ch. 676, Sec. 345. Note: Conditions in Stats. 1978, Ch. 1235, Sec. 14, for repeal of this section failed.)
  29. 10054.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    “Department” means the State Department of Social Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10054. “Department” means the State Department of Social Services. (Amended by Stats. 1977, Ch. 1252.)
  30. 10055.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section defines “Director” as the Director of Social Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10055. “Director” means the Director of Social Services. (Amended by Stats. 1977, Ch. 1252.)
  31. 10056.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section defines “Board” as the State Social Services Advisory Board.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10056. “Board” means the State Social Services Advisory Board. Whenever any reference is made in any provision of law to the “State Benefits and Services Advisory Board”, it shall mean the State Social Services Advisory Board. (Amended by Stats. 1977, Ch. 1252.)
  32. 10057.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    “Board of supervisors” means the county board of supervisors.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10057. “Board of supervisors” means the county board of supervisors. (Added by Stats. 1965, Ch. 1784.)
  33. 10058.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    “County department” means the county agency designated to administer public social services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10058. “County department” means the county agency designated by the board of supervisors, or by such other authority as may be provided in the county charter, as responsible for the administration of public social services. (Added by Stats. 1965, Ch. 1784.)
  34. 10059.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    “County director” means the director or other chief executive of the county department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10059. “County director” means the director or other chief executive of the county department. (Added by Stats. 1965, Ch. 1784.)
  35. 1006.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    Land purchased for the Preston School of Industry site must be used only for the school's occupancy and purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1006. The land purchased for the site of Preston School of Industry shall be used exclusively for the occupancy and purposes of the school. (Enacted by Stats. 1937, Ch. 369.)
  36. 10060.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    “Regulations” includes certain eligibility standards, administrative procedures, and conditions for agencies or individuals subject to licensing or supervision.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10060. “Regulations” includes but is not limited to standards of eligibility for aid and services, procedures necessary for the proper and efficient administration of public social services, and standards as to conditions which must be met by agencies or individuals subject to licensing or supervision by the department or the State Department of Health Services. (Amended by Stats. 1977, Ch. 1252.)
  37. 10061.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section defines “public assistance” and “public assistance programs” as the public social services programs provided for in Part 3 of this division.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10061. “Public assistance” and “public assistance programs” refer to those public social services programs provided for in Part 3 of this division. (Added by Stats. 1965, Ch. 1784.)
  38. 10062.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    The State Department of Health Services and the Director of Health Services have the powers and duties needed to carry out this chapter, as provided by state law for the State Department of Social Services and its director.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10062. Notwithstanding any other provision of law, the State Department of Health Services and the Director of Health Services shall have those powers and duties conferred by state law upon the State Department of Social Services and its director as is necessary to carry out the purposes imposed on it by this chapter. (Amended by Stats. 1977, Ch. 1252.)
  39. 10063.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section renames the specified welfare program to CalWORKs and says older program references count as references to CalWORKs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. Definitions [10050 - 10063] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 10063. (a) Notwithstanding any other provision of law, the name of the program provided for pursuant to Chapter 2 (commencing with Section 11200) is hereby changed to the California Work Opportunity and Responsibility to Kids program, referred to as CalWORKs. (b) Any reference to the Aid to Families with Dependent Children Program, Family Group and Unemployment program, and the Greater Avenues for Independence program shall be deemed to refer to the CalWORKs program. (Amended by Stats. 2004, Ch. 183, Sec. 376. Effective January 1, 2005.)
  40. 10065.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 1. General [10065 - 10066] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The Legislature states that incompatible electronic benefits transfer systems would create hardships for public social services recipients and businesses, and says EBT should reduce delivery costs, ensure compatibility within California, and help recipients manage finances more securely.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 1. General [10065 - 10066] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10065. The Legislature finds and declares both of the following: (a) The development of incompatible systems for electronic benefits transfer will create significant hardships on recipients of public social services and businesses that accept electronic transactions as payment for goods and services. (b) The goals of electronic benefits transfer are to reduce the cost of delivering benefits to recipients, to ensure that all systems within California are compatible, and to afford public social services recipients the opportunity to better and more securely manage their financial affairs. (Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  41. 10066.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 1. General [10065 - 10066] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    This section defines “Committee,” “Benefits,” and “System” for this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 1. General [10065 - 10066] ( Article 1 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10066. For purposes of this chapter, the following definitions shall apply: (a) “Committee” means the committee created pursuant to this chapter. (b) “Benefits” means financial and food assistance provided to, or on behalf of, those Californians who, because of their economic circumstances or social condition, are in need thereof, and may benefit thereby. (c) “System” means the electronic benefits transfer system developed pursuant to this chapter. (Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  42. 10067.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The Electronic Benefits Transfer Committee is created, and it stays in existence until January 1, 2003.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10067. The Electronic Benefits Transfer Committee is hereby created. The committee shall remain in existence until January 1, 2003. (Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  43. 10068.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    This section sets the committee’s membership, requires participation from a technical advisory group, and bars committee or advisory-group participants from bidding on the electronic benefits transfer system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10068. The committee shall consist of the Director of the Health and Welfare Agency Data Center, who shall be the chair of the committee, the Director of Social Services, the Director of Health Services, the Director of Information Technology, the Controller, the Treasurer, a representative of the California State Association of Counties, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules. The committee shall provide for the participation of a technical advisory group comprised of representatives from the California Association of County Treasurers and Tax Collectors, the County Welfare Directors Association, the California Grocer’s Association, the California Retailer’s Association, the California Bankers Association, and agencies, organizations, and representatives of individuals who will use or be affected by an electronic benefits transfer system. A company or individual that participates in the committee or the advisory group shall not be eligible to bid for the provision of the electronic benefits transfer system. (Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  44. 10069.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The committee must advise the department on a statewide electronic benefits transfer system and on the request for proposal. Electronic benefits transfer processors must be able to implement systems within nine months after contracting for services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10069. The committee shall advise the department on the development and implementation of a statewide electronic benefits transfer system, and shall provide advice concerning the request for proposal. The system shall have the capability to deliver CalFresh benefits and, upon the election of the county, benefits under Chapter 2 (commencing with Section 11200) of Part 3. The system may also be used, with the approval of the department, for the distribution of other benefits. Any electronic benefits transfer processor shall be capable of implementing systems within nine months of contracting for services. (Amended by Stats. 2011, Ch. 227, Sec. 25. (AB 1400) Effective January 1, 2012.)
  45. 10069.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The project management for a statewide electronic benefits transfer system must be transferred from the department to the Health and Welfare Agency Data Center.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10069.5. Notwithstanding any other provision of this chapter, the project management for a statewide electronic benefits transfer system shall be transferred from the department to the Health and Welfare Agency Data Center. (Added by Stats. 1997, Ch. 606, Sec. 18. Effective October 3, 1997.)
  46. 10071.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. )

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    The department may distribute benefits through the electronic benefits transfer system if the recipient has reasonable access to the benefits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 2. Electronic Benefits Transfer Committee [10067 - 10071] ( Article 2 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10071. Any benefits provided to recipients under the department’s authority may be distributed through the electronic benefits transfer system as long as the recipient has reasonable access to his or her benefits. (Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  47. 10072.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 3. Systems Design [10072 - 10072.3] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 31. )

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    This section requires the EBT system to be accessible, interoperable, low-fee, and able to replace certain stolen benefits quickly.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 3. Systems Design [10072 - 10072.3] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10072. The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following: (a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system. (b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states. (c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems, including, but not limited to, automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p). (d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system. (e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember their number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, they may designate whether restrictions apply to the third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits. (f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. (g) The system shall have an internet website that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. (h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency. (i) (1) A recipient shall not incur any loss of electronic benefits after reporting that their electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced. (2) (A) Except as provided in subparagraph (B), a recipient shall not incur any loss of cash benefits that are taken by an unauthorized contact, withdrawal, removal, or use of benefits, including, but not limited to, use that results from an unauthorized solicitation, request, or representation that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this subparagraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3). (B) If a recipient knowingly provides their electronic benefits transfer card number and personal identification number to an unauthorized third party that the recipient mistakenly believes to be the contracted electronic benefits transfer vendor, an approved retailer, or a governmental entity, any benefits taken as described in subparagraph (A) shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3), but not more than one time in a 36-month period. (3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification. (4) (A) Notwithstanding paragraphs (2) and (3), the State Department of Social Services may issue mass reimbursements to recipients for the loss of cash benefits if the department finds that the benefits of multiple recipients were taken by an unauthorized withdrawal, removal, or use of benefits in which the recipients’ electronic benefits transfer card numbers or personal identification numbers were obtained by means of a data breach. (B) A mass reimbursement made pursuant to subparagraph (A) requires the approval of the Department of Finance with notice given to the Joint Legislative Budget Committee. (5) (A) Notwithstanding any other law or guidance, and except as provided in this paragraph, a recipient shall not incur any loss of nutrition benefits taken by an unauthorized contact, withdrawal, removal, or use of the benefits, including, but not limited to, use that results from an unauthorized solicitation, request, or representation that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. (B) The State Department of Social Services shall establish a protocol to use state funds to replace nutrition benefits taken as described in subparagraph (A) in accordance with the following limitations: (i) A maximum of two months’ worth of benefits shall be replaced at one time. (ii) A household shall not receive more than two replacements per federal fiscal year. (iii) A household shall have 90 days from the date of theft to request replacement of the electronically stolen benefits. (C) If, at any time, a federally funded replacement is available for any nutrition benefit listed in subparagraph (D), this paragraph shall be inoperative with regard to that specific benefit. (D) For the purposes of this section, “nutrition benefits” means CalFresh, Disaster CalFresh, and benefits previously replaced due to household misfortune under Chapter 10 (commencing with Section 18900) of, and California Food Assistance Program (CFAP) nutrition benefits under Chapter 10.1 (commencing with Section 18930) of, Part 6. (E) A county shall replace eligible, electronically stolen benefits as soon as administratively feasible, but no more than 10 business days following the receipt of the replacement request. A county shall prioritize the replacement of electronically stolen nutrition benefits in accordance with Sections 10000 and 18900. (6) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the requirements and protocols described in paragraphs (2), (3), and (5) by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations, which shall occur no later than June 30, 2030. (j) Electronic benefits transfer system consumers shall be informed on how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge. (k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language. (l) Procedures shall be developed for error resolution. (m) A fee shall not be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system. (n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month. (o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges. (p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments. (q) A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following: (1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2. (2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system. (3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations. (4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system. (5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change their preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment. (6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery. (7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (p) and instructions regarding how to determine whether the recipient qualifies for the exemption. (r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided. (Amended by Stats. 2026, Ch. 26, Sec. 15. (AB 152) Effective June 29, 2026.)
  48. 10072.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 3. Systems Design [10072 - 10072.3] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    Market operators must reasonably allow an FNS-authorized produce-seller group to create and run an EBT acceptance system, and individual FNS-authorized sellers may run their own EBT activity.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 3. Systems Design [10072 - 10072.3] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10072.1. (a) The Legislature finds and declares that flea markets, farmers’ markets, and certified farmers’ markets are important sources of low-cost produce for Californians in need of food assistance. (b) (1) An interested collective group or association of produce sellers that is Food and Nutrition Service (FNS) authorized and actively participating in produce sales in a market described in subdivision (a) may initiate and operate an electronic benefit transfer (EBT) acceptance system on behalf of its members, to the extent and manner allowed by federal law and regulation. The market operator shall allow and accommodate the FNS-authorized group or association in a reasonable manner that aids in the creation, implementation, and operation of its EBT acceptance system. The allowance and accommodation by the market operator mandated by this section is limited solely to the activity of the operation of the EBT acceptance system by the group or association. No other activities are authorized without the express permission of the market operator. (2) This subdivision shall not apply to a market described in subdivision (a) that currently or subsequently operates an EBT acceptance system. (c) Nothing in this section or any other provision of law shall prohibit an individually FNS-authorized produce seller in a market described in subdivision (a) from operating his or her own individual EBT acceptance activity as part of that seller’s personal business customer transaction offering. (d) Nothing in this section shall be interpreted to require a market described in subdivision (a) to itself create, operate, or maintain an EBT acceptance system on behalf of its produce sellers. (Added by Stats. 2010, Ch. 435, Sec. 1. (AB 537) Effective January 1, 2011.)
  49. 10072.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 3. Systems Design [10072 - 10072.3] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The electronic benefits transfer system must include a flexible benefit issuance mechanism, and benefits distributed under it must follow applicable federal and state law, privacy rules, and confidentiality procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 3. Systems Design [10072 - 10072.3] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10072.2. (a) The electronic benefits transfer system required by this chapter shall be designed to include a flexible benefit issuance mechanism. (b) The flexible benefit issuance mechanism created under this section shall be designed in a manner that can target multiple populations with specific benefits and shall allow the department flexibility to provide benefits for specific populations, as determined by the department, contingent upon the appropriation of funds by the Legislature. (c) (1) The distribution of benefits pursuant to the flexible benefit issuance mechanism created under this section shall comply with all federal and state laws and regulations governing electronic benefits. (2) The distribution of benefits pursuant to the flexible benefit issuance mechanism created under this section shall comply with privacy and confidentiality procedures required by federal and state law. (d) The flexible benefit issuance mechanism created under this section shall become operative within nine months of the date that the Department of Social Services certifies and publishes on the department’s Internet Web site that the third generation electronic benefits transfer system required by this chapter has otherwise been fully implemented. (Added by Stats. 2017, Ch. 24, Sec. 13. (SB 89) Effective June 27, 2017.)
  50. 10072.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 3. Systems Design [10072 - 10072.3] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    This section creates a CalFresh pilot project for supplemental EBT benefits for fresh fruits and vegetables, sets rules for how the mechanism must work, gives the department grant and reporting duties, and includes exemptions and sunset dates.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 3. Systems Design [10072 - 10072.3] ( Article 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10072.3. (a) This section shall be known, and may be cited, as the California Fruit and Vegetable EBT Pilot Project. (b) For purposes of this section, the following definitions apply: (1) “Authorized pilot retailer” means any retail establishment that is authorized to accept CalFresh benefits, including, but not limited to, grocery stores, corner stores, farmers’ markets, farm stands, and mobile markets. (2) “Fresh fruits and vegetables” means any variety of whole or cut fruits and vegetables without added sugars, fats, oils, or salt and that have not been processed with heat, drying, canning, or freezing. (3) “Supplemental benefits” means additional funds delivered to a CalFresh recipient’s EBT card upon purchase of fresh fruits and vegetables using CalFresh benefits, and to be redeemed only for purchases allowed under the CalFresh program at an authorized retailer. (c) The department, in consultation with the Department of Food and Agriculture, county CalFresh administrators, and stakeholders with experience operating CalFresh nutrition incentive programs, shall include within the EBT system a supplemental benefits mechanism that allows an authorized pilot retailer to deliver and redeem supplemental benefits. The supplemental benefits mechanism shall be compatible with operational procedures at farmers’ markets with centralized point-of-sale terminals and at grocery stores with integrated point-of-sale terminals. The supplemental benefits mechanism shall ensure all of the following: (1) Supplemental benefits can be transferable across any CalFresh program authorized retailer. (2) Supplemental benefits can be accrued, tracked, and redeemed by CalFresh recipients in a seamless, integrated process through the EBT system. (3) Supplemental benefits can only be accrued by CalFresh recipients through the purchase of fresh fruits and vegetables from an authorized pilot retailer. (4) Supplemental benefits can only be redeemed to make eligible purchases under the CalFresh program from an authorized retailer. (5) The supplemental benefits mechanism complies with all applicable state and federal laws governing procedures to ensure privacy and confidentiality. (6) Authorized pilot retailers that use EBT-only point-of-sale terminals, such as farmers’ markets, and those that use integrated point-of-sale terminals, such as grocery stores, shall be able to integrate the new supplemental benefits mechanism into their existing systems, including the free state-issued hardware provided to certified farmers’ markets and farmers. (7) The supplemental benefits mechanism provides a CalFresh benefits to supplemental benefits match ratio of at least 1:1. (8) A CalFresh household may only accrue up to a limited amount of supplemental benefits, as determined by the department. (9) There shall be no expiration date for use of supplemental benefits, but the benefits may be expunged in accordance with federal Supplemental Nutrition Assistance Program (SNAP) regulations. (d) There is hereby created in the State Treasury the California Fruit and Vegetable EBT Grant Fund. The fund shall consist of moneys from state, federal, and other public and private sources to provide grants pursuant to subdivision (e). (e) Upon the deposit of sufficient moneys into the California Fruit and Vegetable EBT Grant Fund, as determined by the department, and upon the appropriation of moneys from the fund by the Legislature for this purpose, the department shall provide grants for pilot projects to implement and test the supplemental benefits mechanism in existing retail settings. The goal of the pilot project is to develop and refine a scalable model for increasing the purchase and consumption of fresh fruits and vegetables by delivering supplemental benefits to CalFresh recipients in a way that can be easily adopted by authorized retailers of various types, sizes, and locations in the future. The department, in consultation with the Department of Food and Agriculture, shall develop and adopt guidelines for awarding the grants, which shall include, at a minimum, all of the following requirements: (1) (A) A minimum of three grants shall be awarded to nonprofit organizations or government agencies. (B) At least one of the grants shall provide the ability to test the supplemental benefit mechanism at farmers’ markets. A farmers’ market that operates a centralized point-of-sale terminal and a scrip system and that also participates as a pilot project pursuant to this section may disburse scrips for supplemental benefits and for fresh fruits and vegetables concurrently. (2) Selection criteria shall require that grant applicants demonstrate all of the following: (A) Previous experience and effectiveness in administering CalFresh nutrition incentive programs, or similar supplemental benefits programs. (B) Partnership commitment from at least one existing authorized retailer that already accepts CalFresh benefits and sells fresh fruits and vegetables. (C) Ability to ensure that supplemental benefits are only accrued and delivered when purchasing fresh fruits and vegetables with CalFresh benefits and will be used only to make purchases authorized under the CalFresh program. (D) Status as a nonprofit organization or government agency. (E) Ability to provide the minimum data deemed necessary for the department to successfully evaluate the pilot project, as described in paragraph (1) of subdivision (f). (F) Any other criteria that the department deems necessary for successful pilot project implementation, such as the level of need in the community, the size of the CalFresh population, and the need for geographic diversity. (3) Grantees shall be responsible for all of the following: (A) Securing the commitment of at least one authorized retailer willing to participate in the pilot project. (B) Conducting community outreach. (C) Providing evaluation data to the department. (D) Ensuring the integrity of the pilot project following guidelines adopted by the department pursuant to this subdivision. (f) (1) The department shall evaluate the pilot projects that operated pursuant to this section between February 1, 2023, and January 31, 2025, and make recommendations to further refine and expand the supplemental benefits mechanism. These recommendations shall also include a strategy for CalFresh client education, developed in consultation with county CalFresh administrators and advocates. The evaluation shall examine the efficacy of supplemental benefits accrual, delivery, and redemption from the perspective of CalFresh recipients, participating retailers, and state administrators. The evaluation shall also provide recommendations for further modifications that would make the mechanism easier for CalFresh recipients to use, for a variety of authorized retailer types to adopt, and for the department to administer. The department may contract with an independent evaluator to conduct this evaluation. (2) (A) The department shall provide information on the timing and steps that would be necessary to transition the pilot project to a supplemental benefits program that is fully state managed, without grantee intermediaries. (B) The information to be submitted under this paragraph shall include both of the following: (i) The results of the evaluation required pursuant to paragraph (1). (ii) Scoping the staff or other resources and timelines for all of the following: (I) Engaging with and enrolling interested retailers directly on an ongoing basis, if the state makes additional funding available for further expansion. (II) The staffing and technical resources needed by the Office of Technology and Solutions Integration to certify new retailers’ EBT systems when they are onboarded into the program. (III) Resources needed to align the EBT system and the California Statewide Automated Welfare System (CalSAWS) to fully automate financial reconciliation of fruit and vegetable supplemental benefits as the program expands. (IV) Expansion to include online CalFresh transactions and grocery delivery services. (3) (A) By July 1, 2025, the department shall submit a report to the Legislature on the topics described by paragraphs (1) and (2). (B) The report submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (g) Notwithstanding any other law, all of the following apply for the purposes of this section: (1) Contracts or grants awarded pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) Contracts or grants awarded pursuant to this section are exempt from the Public Contract Code and the State Contracting Manual, and are not subject to the approval of the Department of General Services or the Department of Technology. (3) The state is immune from any liability resulting from the implementation of this section. (4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section without taking any regulatory action. (h) Notwithstanding Sections 18927 and 11004, the supplemental benefits described in this section are not subject to recovery for an overissuance caused by intentional program violation, fraud, inadvertent household error, or administrative error, and are not subject to review under Section 10950. (i) The supplemental benefits described in this section are not entitlement benefits, and the department shall provide those benefits pursuant to this section only to the extent that funding is appropriated in the annual Budget Act for purposes of this section. (j) The department shall seek any necessary federal approvals to establish this pilot project. (k) This section shall become inoperative on June 30, 2028, and, as of January 1, 2029, is repealed. (Amended by Stats. 2026, Ch. 26, Sec. 16. (AB 152) Effective June 29, 2026. Inoperative June 30, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions.)
  51. 10073.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The state must pay all of the nonfederal share of EBT system planning, procurement, development, implementation, and conversion costs, and the county must pay its normal nonfederal maintenance and operation costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10073. Notwithstanding Section 15204.2, the state shall pay 100 percent of the nonfederal share of costs of the electronic benefits transfer system planning, procurement, development, implementation, and conversion. The county shall pay its normal nonfederal costs pursuant to Section 15204.2 for system maintenance and operation. (Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  52. 10075.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The state must handle procuring and contracting for a statewide electronic benefits transfer system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10075.5. The state shall be responsible for procuring and contracting for a statewide electronic benefits transfer system. (Added by Stats. 1998, Ch. 329, Sec. 17. Effective August 21, 1998.)
  53. 10075.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The Office of Technology and Solutions Integration must act as project manager for the electronic benefits transfer system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10075.6. The Office of Technology and Solutions Integration shall be the project manager of the electronic benefits transfer system, and shall be responsible for system planning, procurement, development, implementation, conversion, maintenance and operations, contract management, and all other activities that are consistent with a state-managed project and a statewide system. (Amended by Stats. 2023, Ch. 43, Sec. 31. (AB 120) Effective July 10, 2023.)
  54. 10076.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. )

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    The director must promptly seek any federal approvals needed to implement this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10076. The director shall promptly seek any federal approvals necessary for implementation of this chapter. Any provision of this chapter whose implementation requires any federal waiver or approval shall become operative 120 days after receipt of the necessary federal waiver or approval, and shall remain operative only for the duration of the federal approval for its implementation. (Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  55. 10077.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. )

    Verify source ↗

    The State Department of Social Services may adopt regulations to carry out this act, and certain emergency regulations are exempt from Office of Administrative Law review.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [10000 - 10077] ( Part 1 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 3. Electronic Benefits Transfer Act [10065 - 10077] ( Chapter 3 added by Stats. 1997, Ch. 270, Sec. 31. ) ## ARTICLE 4. Administration [10073 - 10077] ( Article 4 added by Stats. 1997, Ch. 270, Sec. 31. ) ## 10077. The State Department of Social Services may adopt regulations to implement this act in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations by the department to implement this chapter and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. The initial emergency regulations and the first readoption of those regulations by the department shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. (Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  56. 1009.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The Department of the Youth Authority may order certain nonresident persons returned to their states of legal residence, and related transportation money must be sent to the department and deposited in the State Treasury.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1009. The Department of the Youth Authority may order the return of nonresident persons committed to the department or confined in institutions or facilities subject to the jurisdiction of the department to the states in which they have legal residence. Whenever any public officer, other than an officer or employee of the department, receives from any private source any moneys to defray the cost of that transportation, he or she shall immediately transmit the moneys to the department. All moneys, together with any moneys received directly by the department from private sources for transportation of nonresidents, shall be deposited by the department in the State Treasury, in augmentation of the current appropriation for the support of the department. (Amended by Stats. 2003, Ch. 4, Sec. 5. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
  57. 1009.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    If the Department of the Youth Authority receives private money to cover transportation for returning a nonresident, it must refund any unused amount or any amount received over the transportation cost.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1009.1. When, pursuant to Section 1009, money is received by the Department of the Youth Authority from private sources to defray the cost of transportation for the return of a nonresident committed to it and the nonresident is not returned or the money received exceeds the cost of such transportation, the department shall refund to such private sources such money or such excess money, as the case may be. (Added by Stats. 1968, Ch. 60.)
  58. 1009.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The fiscal officer of the Department of the Youth Authority must pay refunds under Section 1009.1 if the Director of the Youth Authority prepares and authorizes a voucher for the refund.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1009.2. The fiscal officer of the Department of the Youth Authority shall make payment of any refund pursuant to Section 1009.1 if the Director of the Youth Authority prepares a voucher which sets forth the facts which pertain to the refund and authorizes its payment. (Added by Stats. 1968, Ch. 60.)
  59. 1009.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    If refundable money was deposited in the State Treasury, the State Controller must issue a warrant to pay the refund after receiving a claim filed by the Department of the Youth Authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1009.3. If any money which is to be refunded has been deposited in the State Treasury, the State Controller, upon receipt of a claim which is filed by the Department of the Youth Authority, shall draw his warrant for the payment of the refund from the fund to which the money was credited. (Added by Stats. 1968, Ch. 60.)
  60. 1009.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The Director of the Youth Authority may keep a refund if it is under $3, unless someone demands payment within six months; if a demand is made, the refund must be paid.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1009.4. If the Director of the Youth Authority finds that the amount of any refund is less than three dollars ($3), he may retain such amount, unless demand for the payment of such refund is made within six months after the determination that a refund is due. If such demand is made, the refund shall be paid. (Added by Stats. 1968, Ch. 60.)
  61. 101.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the chapter and says a CASA has the duties in the chapter and must be trained by and operate under a CASA program.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. ) ## 101. As used in this chapter, the following definitions shall apply: (a) “Adult” means a person 18 years of age or older. (b) “Child or minor” means a person under the jurisdiction of the juvenile court pursuant to Section 300, 601, or 602. (c) “CASA” means a Court-Appointed Special Advocate. “CASA” also refers to a Court Designated Child Advocate in programs that have utilized that title. A CASA has the duties and responsibilities described in this chapter and shall be trained by and function under the auspices of a Court-Appointed Special Advocate program as set forth in this chapter. (d) “Court” means the superior court, including the juvenile court. (e) “Dependent” means a person described in Section 300. (f) “Nonminor dependent” means a person as described in subdivision (v) of Section 11400. (g) “Ward” means a person described in Section 601 or 602. (Amended by Stats. 2015, Ch. 71, Sec. 1. (AB 424) Effective January 1, 2016.)
  62. 1010.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    This section sets rules for deciding when a person is treated as a resident of the state for transportation purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1010. In determining residence for purposes of transportation, a person who has lived continuously in this State for a period of one year and who has not acquired a residence in another State by living continuously therein for at least one year subsequent to his residence in this State shall be deemed to be a resident of this State. Time spent in a public institution or on parole therefrom shall not be counted in determining the matter of residence in this or another State. In determining the residence of a ward of the juvenile court committed to the Youth Authority or confined in any institution under its jurisdiction, due consideration shall be given to the residence of the parents of such ward, and if either one or both parents of the ward are residents of this State the ward shall also be deemed a resident of this State. (Added by Stats. 1943, Ch. 481.)
  63. 10100.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. )

    Verify source ↗

    Counties are to continue providing matching funds for county-administered social services programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. ) ## 10100. It is the intent of the Legislature that counties shall continue to provide matching funds for county-administered social services programs as these programs are defined by Sections 12251 and 16501 and other services to be provided in accordance with Section 10102. Nothing in this section shall be construed to affect any matching requirement established upon each county pursuant to Section 12306. (Amended by Stats. 1991, Ch. 91, Sec. 13. Effective June 30, 1991.)
  64. 10101.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. )

    Verify source ↗

    The state must fund the child welfare program at 70% of its actual nonfederal costs, or the Legislature’s appropriation for that purpose if lower.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. ) ## 10101. (a) For the 1991–92 fiscal year and each fiscal year thereafter, the state’s share of the costs of the child welfare program shall be 70 percent of the actual nonfederal expenditures for the program or the amount appropriated by the Legislature for that purpose, whichever is less. (b) Notwithstanding subdivision (a), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2012, Ch. 35, Sec. 64. (SB 1013) Effective June 27, 2012.)
  65. 10101.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. )

    Verify source ↗

    The state must cover 70% of certain county service and in-home supportive services costs, and from 2017–18 onward each county’s share is set by the County IHSS Maintenance of Effort.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. ) ## 10101.1. (a) For the 1991–92 fiscal year and each fiscal year thereafter, the state’s share of the costs of the county services block grant and the in-home supportive services administration requirements shall be 70 percent of the actual nonfederal expenditures or the amount appropriated by the Legislature for that purpose, whichever is less. (b) Federal funds received under Title 20 of the federal Social Security Act (42 U.S.C. Sec. 1397 et seq.) and appropriated by the Legislature for the county services block grant and the in-home supportive services administration shall be considered part of the state share of cost and not part of the federal expenditures for this purpose. (c) Notwithstanding subdivisions (a) and (b), commencing in the 2017–18 fiscal year and each fiscal year thereafter, each county’s share of the nonfederal costs of the county services block grant and the in-home supportive services administration requirements shall be the County IHSS Maintenance of Effort pursuant to Section 12306.16. (Amended (as amended by Stats. 2013, Ch. 37, Sec. 6) by Stats. 2017, Ch. 25, Sec. 12. (SB 90) Effective June 27, 2017.)
  66. 10101.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. )

    Verify source ↗

    Before the 2011–12 fiscal year, the state must pay 79% of the nonfederal share of certain foster-care-related costs. From the 2011–12 fiscal year onward, funding and expenditures under this section must follow specified Government Code requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. ) ## 10101.2. (a) Prior to the 2011–12 fiscal year the state’s share of the costs for the support and care of former dependent children who have been made wards of related guardians under Article 4.5 (commencing with Section 11360), or Article 4.7 (commencing with Section 11385), of Chapter 2 of Part 3, shall be 79 percent of the nonfederal share of the amounts as specified in Sections 11364 and 11387. (b) Notwithstanding subdivision (a), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2012, Ch. 35, Sec. 65. (SB 1013) Effective June 27, 2012.)
  67. 10102.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. )

    Verify source ↗

    The State Department of Social Services must run a cost-control plan for county social services programs, counties must use the least costly services if quality is maintained, and allocations must follow an approved allocation plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. ) ## 10102. The State Department of Social Services shall establish and maintain a plan whereby costs of county administered social services programs will be effectively controlled within the amount annually appropriated for these services. Each county shall utilize least cost services, provided that the quality of services is maintained. Allocations shall be made to each county and shall be limited by, and determined based upon, an allocation plan developed by the State Department of Social Services and approved by the Department of Finance. In administering the plan, the State Department of Social Services shall not allocate funds to cover county cost overruns which result from county failure to meet requirements of the plan. (Repealed and added by Stats. 1983, Ch. 883, Sec. 2. Effective September 19, 1983. Operative January 1, 1984, by Sec. 6 of Ch. 883.)
  68. 10103.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. )

    Verify source ↗

    The state must pass Title IV-B federal funds appropriated to it on to the counties, except for reasonable funds needed for a required statewide information system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. ) ## 10103. All federal funds under Title IV-B of the Social Security Act, which are appropriated to the state shall be passed on to the counties, except for those reasonable funds needed to finance a required statewide information system. (Amended by Stats. 2012, Ch. 35, Sec. 66. (SB 1013) Effective June 27, 2012.)
  69. 10103.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. )

    Verify source ↗

    Certain nonminor dependents or former dependents may keep receiving aid up to age 21 if they meet the listed timing and eligibility conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. ) ## 10103.5. (a) Notwithstanding the age restrictions specified in Sections 388, 450, 11253, 11363, 11386, 11403, 11403.2, 11405, and 16120, and subdivisions (r) and (v) of Section 11400, a nonminor dependent, or nonminor former dependent, who has been receiving aid pursuant to any of the programs specified in subdivision (b) between January 1, 2012, and December 31, 2012, and who attains 19 years of age prior to January 1, 2013, or who has been receiving that aid between January 1, 2013, and December 31, 2013, and who attains 20 years of age prior to January 1, 2014, may continue to receive aid under the applicable program up to 21 years of age, provided that the nonminor dependent or nonminor former dependent continues to meet all other applicable eligibility requirements as specified in Section 11403. This section shall not apply to nonminors who attain 19 years of age prior to January 1, 2012. (b) This section applies to nonminors currently receiving aid, as of the effective date of the act that added this section, pursuant to any of the following provisions: (1) Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9. (2) Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9. (3) Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9. (4) Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9. (5) Sections 11253 and 11405. (c) A nonminor who has not continuously received aid pursuant to either paragraph (3) of subdivision (b) of this section, or Section 11253 between January 1, 2012, and December 31, 2012, due solely to the fact that he or she attained 19 years of age prior to the effective date of the act that added this section may petition the court for reentry pursuant to subdivision (e) of Section 388. This section shall not apply to nonminors who attain 19 years of age prior to January 1, 2012. For a nonminor who has not continuously received aid pursuant to paragraphs (1), (2), or (4) of subdivision (b) of this section, or Section 11405, due solely to the fact that he or she attained 19 years of age prior to the effective date that added this section, the department, in consultation with the County Welfare Directors Association, shall develop a process by which these youth may resume benefits. The department shall seek to maximize federal financial participation. (d) Notwithstanding any other law, and to the extent permitted by federal law, a county shall not be precluded from seeking to draw down federal funding on behalf of eligible nonminor dependents or nonminor former dependents as described in subdivision (a), for whom the county has provided aid using county-only funds, on and after January 1, 2012. (Added by Stats. 2012, Ch. 35, Sec. 67. (SB 1013) Effective June 27, 2012.)
  70. 10104.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. )

    Verify source ↗

    The State Department of Social Services must annually report and publicly post a summary of outcome and expenditure data on specified child welfare-related programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.5. FISCAL PROVISIONS [10100 - 10104] ( Part 1.5 repealed and added by Stats. 1983, Ch. 883, Sec. 2. ) ## 10104. (a) It is the intent of the Legislature to ensure that the impacts of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs are identified and evaluated initially and over time. It is further the intent of the Legislature to ensure that information regarding these impacts is publicly available and accessible and can be utilized to support the state’s and counties’ effectiveness in delivering these critical services and supports. (b) The State Department of Social Services shall annually report to the appropriate fiscal and policy committees of the Legislature, and publicly post on the department’s Internet Web site, a summary of outcome and expenditure data that allows for monitoring of changes over time. (c) (1) The report shall be submitted and posted by April 15 of each year and shall contain expenditures for each county for the programs described in clauses (i) to (vii), inclusive, of subparagraph (A) of paragraph (16) of subdivision (f) of Section 30025 of the Government Code. (2) The report shall also contain the amount of funds each county receives from the Protective Services Growth Special Account created pursuant to Section 30025 of the Government Code, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency. (3) The report shall also include reported expenditures for counties that are participating and making claims under the federal Title IV-E waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding the optimum caseload ratios recommended by the evaluation conducted pursuant to Section 10609.5, also known as the California SB 2030 Study. (d) The department shall consult with legislative staff and stakeholders to develop a reporting format consistent with the Legislature’s desired level of outcome and expenditure reporting detail. (Amended by Stats. 2016, Ch. 182, Sec. 1. (AB 2015) Effective January 1, 2017.)
  71. 1011.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The state must pay expenses for returning these persons to other states, except that the cost of returning residents of this state is borne by the states making the return.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1011. All expenses incurred in returning these persons to other states shall be paid by this state, but the expense of returning residents of this state shall be borne by the states making the returns. The cost and expense incurred in effecting the transportation of these persons shall be paid from the funds appropriated for that purpose, or, if necessary, from the money appropriated for the care of these persons. (Amended by Stats. 1996, Ch. 320, Sec. 42. Effective January 1, 1997.)
  72. 1015.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    When a confined person in a Youth Authority institution dies, the Director must hold unclaimed money and property for one year, then transfer, file, sell, destroy, or otherwise dispose of the property as specified.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1015. Whenever any person confined in any state institution subject to the jurisdiction of the Youth Authority dies, and any personal funds or property of such person remains in the hands of the Director of the Youth Authority, and no demand is made upon said director by the owner of the funds or property or his legally appointed representative, all money and other personal property of such decedent remaining in the custody or possession of the Director of the Youth Authority shall be held by him for a period of one year from the date of death of the decedent, for the benefit of the heirs, legatees, or successors in interest of such decedent. Upon the expiration of said one-year period, any money remaining unclaimed in the custody or possession of the director shall be delivered by him to the State Treasurer for deposit in the Unclaimed Property Fund under the provisions of Article 1 of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. Upon the expiration of said one-year period, all personal property and documents of the decedent, other than cash, remaining unclaimed in the custody or possession of the director shall be disposed of as follows: (a) All deeds, contracts or assignments shall be filed by the director with the public administrator of the county of commitment of the decedent; (b) All other personal property shall be sold by the director at public auction, or upon a sealed-bid basis, and the proceeds of the sale delivered by him to the State Treasurer in the same manner as is herein provided with respect to unclaimed money of the decedent. If he deems it expedient to do so, the director may accumulate the property of several decedents and sell the property in such lots as he may determine, provided that he makes a determination as to each decedent’s share of the proceeds; (c) If any personal property of the decedent is not salable at public auction, or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify the deposit of such property in the State Treasury, the director may order it destroyed; (d) All other unclaimed personal property of the decedent not disposed of as provided in paragraphs (a), (b), or (c) hereof, shall be delivered by the director to the State Controller for deposit in the State Treasury under the provisions of Article 1 of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. (Amended by Stats. 1961, Ch. 1962.)
  73. 1016.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The director must hold certain unclaimed money and intangible property for three years, file deeds/contracts/assignments with the public administrator after one year, and sell or destroy certain tangible property under specified conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1016. (a) Whenever a person confined in a state institution subject to the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, escapes, or is discharged or paroled from the institution, and any personal funds or property of that person remains in the hands of the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, and no demand is made upon the director by the owner of the funds or property or his or her legally appointed representative, all money and other intangible personal property of that person, other than deeds, contracts, or assignments, remaining in the custody or possession of the director shall be held by him or her for a period of three years from the date of that escape, discharge, or parole, for the benefit of the person or his or her successors in interest. However, unclaimed personal funds or property of paroled minors may be exempted from the provisions of this section during the period of their minority and for a period of one year thereafter, at the discretion of the director. (b) Upon the expiration of this three-year period, any money and other intangible personal property, other than deeds, contracts or assignments, remaining unclaimed in the custody or possession of the director shall be subject to the provisions of Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (c) Upon the expiration of one year from the date of the escape, discharge, or parole: (1) All deeds, contracts, or assignments shall be filed by the director with the public administrator of the county of commitment of that person. (2) All tangible personal property other than money, remaining unclaimed in his or her custody or possession, shall be sold by the director at public auction, or upon a sealed-bid basis, and the proceeds of the sale shall be held by him or her subject to the provisions of Section 1752.8 of this code, and subject to the provisions of Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. If he or she deems it expedient to do so, the director may accumulate the property of several inmates and may sell the property in lots as he or she may determine, provided that he or she makes a determination as to each inmate’s share of the proceeds. (d) If any tangible personal property covered by this section is not salable at public auction or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify its retention by the director to be offered for sale at public auction or upon a sealed-bid basis at a later date, the director may order it destroyed. (Amended by Stats. 2012, Ch. 41, Sec. 90. (SB 1021) Effective June 27, 2012.)
  74. 1017.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    Before certain property or documents are disposed of under Sections 1015 or 1016, notice must be posted in a public place at the institution and mailed to the owner’s or deceased owner’s last known address at least 30 days before the disposition.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1017. Before any money or other personal property or documents are delivered to the State Treasurer, State Controller, or public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 1015, and before any personal property or documents are delivered to the public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 1016, of this code, notice of said intended disposition shall be posted at least 30 days prior to the disposition, in a public place at the institution where the disposition is to be made, and a copy of such notice shall be mailed to the last known address of the owner or deceased owner, at least 30 days prior to such disposition. The notice prescribed by this section need not specifically describe each item of property to be disposed of. (Amended by Stats. 1961, Ch. 1962.)
  75. 1018.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    When the director delivers certain money or personal property, the director must send the State Controller a schedule listing the property and the owner’s or deceased owner’s name and last known address.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1018. At the time of delivering any money or other personal property to the State Treasurer or State Controller under the provisions of Section 1015 or of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure, the director shall deliver to the State Controller a schedule setting forth a statement and description of all money and other personal property delivered, and the name and last known address of the owner or deceased owner. (Amended by Stats. 1961, Ch. 1962.)
  76. 1019.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    If personal property was destroyed under Sections 1015 or 1016, no one may later sue the State or its officers over that property.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1019. When any personal property has been destroyed as provided in Section 1015 or 1016, no suit shall thereafter be maintained by any person against the State or any officer thereof for or on account of such property. (Added by Stats. 1951, Ch. 1708.)
  77. 102.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. )

    Verify source ↗

    CASA programs must have staffing, accountability, volunteer support, CASA duties, training, and volunteer-screening rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. ) ## 102. (a) Each CASA program shall, if feasible, be staffed by a minimum of one paid administrator. The staff shall be directly accountable to the presiding juvenile court judge and the CASA program board of directors, as applicable. (b) The program shall provide for volunteers to serve as CASAs. A CASA may be appointed to any dependent, nonminor dependent, or ward who is subject to the jurisdiction of the juvenile court. (c) Each CASA shall serve at the pleasure of the court having jurisdiction over the proceedings in which a CASA has been appointed and that appointment may continue after the child attains his or her age of majority, with the consent of the nonminor dependent. A CASA shall do all of the following: (1) Provide independent, factual information to the court regarding the cases to which he or she is appointed. (2) Represent the best interests of the child involved, and consider the best interests of the family, in the cases to which he or she is appointed. (3) At the request of the judge, monitor cases to which he or she has been appointed to ensure that the court’s orders have been fulfilled. (d) The Judicial Council, through its rules and regulations, shall require an initial and ongoing training program consistent with this chapter for all persons acting as a CASA, including, but not limited to, each of the following: (1) Dynamics of child abuse and neglect. (2) Court structure, including juvenile court laws. (3) Social service systems. (4) Child development. (5) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. (6) Interviewing techniques. (7) Report writing. (8) Roles and responsibilities of a CASA. (9) Rules of evidence and discovery procedures. (10) Problems associated with verifying reports. (e) The Judicial Council, through its CASA Advisory Committee, shall adopt guidelines for the screening of CASA volunteers, which shall include personal interviews, reference checks, checks for records of sex offenses and other criminal records, information from the Department of Motor Vehicles, and other information that the Judicial Council deems appropriate. (Amended by Stats. 2015, Ch. 71, Sec. 2. (AB 424) Effective January 1, 2016.)
  78. 1020.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    Sections 1015 and 1016 apply retroactively to certain money and personal property delivered to the State Treasurer or State Controller.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 1. Establishment and General Government [1000 - 1020] ( Article 1 enacted by Stats. 1937, Ch. 369. ) ## 1020. Notwithstanding any other provision of law, the provisions of Sections 1015 and 1016 shall apply (1) to all money and other personal property delivered to the State Treasurer or State Controller prior to the effective date of said sections, which would have been subject to the provisions thereof if they had been in effect on the date of such delivery; and (2) to all money and personal property delivered to the State Treasurer or State Controller prior to the effective date of the 1961 amendments to said sections, as said provisions would have applied on the date of such delivery if, on said date of delivery, the provisions of Chapter 1809, Statutes of 1959, had not been in effect. (Amended by Stats. 1961, Ch. 1962.)
  79. 10200.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. )

    Verify source ↗

    This section names the part the Early Childhood Development Act of 2020 and says it may be cited that way.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. ) ## 10200. This part shall be known, and may be cited, as the Early Childhood Development Act of 2020. (Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)
  80. 10201.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. )

    Verify source ↗

    This chapter becomes operative on July 1, 2021.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. ) ## 10201. This chapter shall become operative July 1, 2021. (Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020.)
  81. 10202.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. )

    Verify source ↗

    The Legislature states that California’s early learning and care system should be more integrated and coordinated, and should address inequities affecting children and families.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. ) ## 10202. The Legislature finds and declares both of the following: (a) The state’s system of early learning and care must become more integrated and coordinated to achieve its goals of promoting a high-quality, affordable, early childhood system designed to comprehensively and effectively serve children and families. (b) Social determinants of health, adverse childhood experiences, quality learning and care for children, and economic and other supports for the needs of families are critical determinants of life outcomes for children, and California’s system of early learning and care must address inequities and disproportionalities. (Amended by Stats. 2021, Ch. 124, Sec. 40. (AB 938) Effective January 1, 2022.)
  82. 10203.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. )

    Verify source ↗

    The section transfers responsibility for listed child care and related programs from the Department of Education and the Superintendent of Public Instruction to the Department of Social Services, effective July 1, 2021.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. ) ## 10203. (a) It is the intent of the Legislature to launch a phased approach to achieving the goals of the state’s Master Plan for Early Learning and Care, uniting child care programs where they can best be integrated with other child and family focused benefits, programs, and services, and support child care providers and programs while maintaining vital connections to preschool, transitional kindergarten, and K-12 education. (b) To effectuate this transition, effective July 1, 2021, responsibility for the following programs, responsibilities, services, and systems are hereby transferred from the State Department of Education and the Superintendent of Public Instruction to the State Department of Social Services: (1) Alternative payment programs pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8. (2) Migrant alternative payment programs pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8. (3) CalWORKs Stage 2 child care pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8. (4) CalWORKs Stage 3 child care pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8. (5) General child care and development programs pursuant to Chapter 7 (commencing with Section 10240) of Part 1.8. (6) Migrant child care and development programs pursuant to Chapter 6 (commencing with Section 10235) Part 1.8. (7) Child care and development services for children with severe disabilities pursuant to Chapter 9 (commencing with Section 10260) of Part 1.8. (8) The Child and Adult Care Food Program implemented pursuant to Section 1766 of Title 42 of the United States Code. (9) Child care and development facilities capital outlay pursuant to Chapter 30 (commencing with Section 10470) of Part 1.8. (10) Responsibility as the lead agency for administration of the Child Care and Development Fund, as defined in Section 98.2 of Title 45 of the Code of Federal Regulations, and as set forth in Sections 10211 to 10212.5, inclusive. (11) Responsibility as the lead agency for the Child Care and Development Fund State Plan Early Learning and Care Infrastructure Grant Program pursuant to former Section 8280 of the Education Code. (12) The Early Learning and Care Workforce Development Grants Program pursuant to Section 10311. (13) The California Head Start State Collaboration Office funded by collaboration grants awarded pursuant to Section 9837b of Title 42 of the United States Code. (14) The Early Head Start-Child Care Partnerships Grant from the United States Department of Health and Human Services. (15) Resource and referral agencies pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8. (16) Local child care and development planning councils pursuant to Chapter 31 (commencing with Section 10480) of Part 1.8. (17) The California Child Care Initiative Project pursuant to Section 10223. (18) Other child care quality improvement projects. (19) Any memoranda of understanding and partnerships related to the programs, services, and systems listed in this subdivision. (20) The Child Development Management Information System and other related data systems as they pertain to the programs, services, and systems listed in this subdivision. (Amended by Stats. 2021, Ch. 116, Sec. 258. (AB 131) Effective July 23, 2021. Operative July 1, 2021, pursuant to Section 10201.)
  83. 10204.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. )

    Verify source ↗

    For this part, “department” means the State Department of Social Services, and certain education-related references are to be read as references to that department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. ) ## 10204. (a) For purposes of this part, “department” means the State Department of Social Services. (b) Commencing July 1, 2021, whenever the laws governing the programs, responsibilities, services, or systems listed in subdivision (b) of Section 10203 refer to the “State Department of Education,” “department,” “Superintendent of Public Instruction,” or “Superintendent,” the reference shall be construed to be to the State Department of Social Services. (Added by Stats. 2020, Ch. 24, Sec. 86. (SB 98) Effective June 29, 2020. Operative July 1, 2021, pursuant to Section 10201.)
  84. 10205.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. )

    Verify source ↗

    This section transfers listed child care program authority to the State Department of Social Services and requires related reports, planning, record transfers, and coordination steps.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. ) ## 10205. (a) Commencing July 1, 2021, the department succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203. (b) The department may enter into memoranda of understanding or interagency agreements or contracts with the California Health and Human Services Agency, its other departments and offices, the State Department of Education, and any other state agency, department, or office, as necessary to implement this part. (c) Unless the context clearly requires otherwise, any reference to the State Department of Education or the Superintendent of Public Instruction in any regulation, contract, or in any other code, with respect to any of the programs, responsibilities, services, or systems listed in subdivision (b) of Section 10203, is a reference to the State Department of Social Services. (d) Without limiting any other powers or duties, the department shall ensure compliance with the terms of any state plans, memoranda of understanding, administrative orders, interagency agreements, contracts, assurances, single state agency obligations, federal statutes and regulations, and any other form of agreement or obligation that vital government activities rely upon or are a condition to the continued receipt by the department of state or federal funds or services. (e) All existing regulations relating to programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 that have been adopted by the State Department of Education on or before June 30, 2021, are expressly continued in force, unless they conflict with the act that added this part. Any statute, law, rule, or regulation relating to the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 that are in force on June 30, 2020, or that may hereafter be enacted or adopted with reference to this part, shall apply to the department. (f) A contract, lease, license, state or federal grant, memorandum of understanding, or any other agreement relating to the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 to which the State Department of Education is a party is not void or voidable by reason of the act that added this part, but are continued in full force and effect, with the department assuming all of the rights, obligations, and duties of the State Department of Education. The assumption by the department does not in any way affect the rights of the parties to the contract, lease, license, state or federal grant, memorandum of understanding, or agreement. (g) Any legal action concerning the duties, responsibilities, obligations, liabilities, and functions described in this chapter shall not abate, and shall continue in the name of the department. The substitution of the department for the State Department of Education or the Superintendent of Public Instruction does not affect the rights of the parties to the action. (h) All financial and accounting records, documents, records, and property relating to programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203 shall be transferred to the department by the State Department of Education. The format and timing of this transfer shall be mutually agreed upon by the State Department of Social Services and the State Department of Education and the Superintendent of Public Instruction, and shall not require formal agreement or approval by any other entity. (i) On or before July 1, 2021, the Governor shall establish the position of Deputy Director of Child Care and Development within the department, as an exempt position, to be appointed by the Governor, subject to confirmation by the Senate, and who holds office at the pleasure of the Governor. (j) On or before March 31, 2021, the department shall submit to the appropriate budget and policy committees of the Legislature, the Department of Finance, and the Early Childhood Policy Council, a plan that describes how the department will achieve the intent expressed in Section 10203, including a description of activities undertaken by the department up until that date, and specifying all of the following: (1) How the department intends to make child care programs more integrated. (2) How the department plans to maintain existing connections or enhance connections to California state preschool programs, transitional kindergarten, and elementary and secondary education. (3) An estimate of the ongoing cost of the State Department of Social Services for administering child care programs. A description of the number of positions that will move to the State Department of Social Services from the State Department of Education and the number of additional positions the State Department of Social Services will need. (4) How this shift results in better services for children and families, including how this shift will ensure families have the most comprehensive information about their choices in comprehensive supports for their families, including child care. (5) How the department plans to prevent administrative duplication and regulatory conflict for providers that have contracts for both general child care and development programs and California state preschool programs. (6) How the department plans to maintain the existing provider flexibility to transfer funds across contracts for both general child care and development programs and California state preschool programs. (7) How the department plans to ensure quality projects support state-supported child care in all settings, including California state preschool programs. (8) How the California Head Start State Collaboration Office will continue to engage with California state preschool program providers and school districts. (9) How parents will be provided enhanced information about making an informed child care choice that best meets their child’s and family’s needs, from the full spectrum of quality child care available. (10) How a cradle-to-career, interagency data system will provide improved state-level reporting, support the goals of the Master Plan for Early Learning and Care, and support the achievement of paragraph (9). (11) Further plans to align activities with recommendations from the Master Plan for Early Learning and Care regarding child care. (k) From October 1, 2020, to December 31, 2024, inclusive, the department shall submit to the appropriate budget and policy committees of the Legislature, the Department of Finance, and the Early Childhood Policy Council a quarterly report that describes how the department is making progress on the transition required by this chapter, and how the department is furthering the intent of this transition. (Amended by Stats. 2021, Ch. 116, Sec. 259. (AB 131) Effective July 23, 2021. Operative July 1, 2021, pursuant to Section 10201.)
  85. 10206.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. )

    Verify source ↗

    The State Department of Social Services and the State Department of Education may use written instructions to implement this part until regulations are adopted, and each department must adopt initial implementing regulations by December 31, 2025.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.7. The Early Childhood Development Act of 2020 [10200 - 10206] ( Part 1.7 added by Stats. 2020, Ch. 24, Sec. 86. ) ## CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services [10200 - 10206] ( Chapter 1 added by Stats. 2020, Ch. 24, Sec. 86. ) ## 10206. (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Education may implement, interpret, or make specific this part by means of all-county letters, bulletins, or similar written instructions from either department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations. (b) Initial regulations developed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) that are necessary to implement Chapter 24 of the Statutes of 2020 (Senate Bill 98 of the 2019–20 Regular Session) shall be adopted by each department no later than December 31, 2025. (Amended by Stats. 2022, Ch. 62, Sec. 17. (AB 210) Effective June 30, 2022.)
  86. 10207.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section states the purposes of the child care and development services part, including coordinated services for children and parents, child well-being, family support, and program review by parents.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10207. The purpose of this part is as follows: (a) To provide a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. (b) To encourage community-level coordination in support of child care and development services. (c) To provide an environment that is healthy and nurturing for all children in child care and development programs. (d) To provide the opportunity for positive parenting to take place through understanding of human growth and development. (e) To reduce strain between parent and child in order to prevent abuse, neglect, or exploitation. (f) To enhance the cognitive development of children, with particular emphasis upon those children who require special assistance, including bilingual capabilities to attain their full potential. (g) To establish a framework for the expansion of child care and development services. (h) To empower and encourage parents and families of children who require child care services to take responsibility to review the safety of the child care program or facility and to evaluate the ability of the program or facility to meet the needs of the child. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  87. 10207.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section states the Legislature’s intent for child care and development services, including access, child development, family stability, parent information, and a public input process.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10207.5. It is the intent of the Legislature that: (a) All families have access to child care and development services, through resource and referral services, where appropriate, regardless of ethnic status, cultural background, or special needs. It is further the intent that subsidized child care and development services be provided to persons meeting the eligibility criteria established under this chapter to the extent funding is made available by the Legislature and Congress. (b) The healthy physical, cognitive, social, and emotional growth and development of children be supported. (c) Families achieve and maintain their personal, social, economic, and emotional stability through an 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. (d) Community-level coordination in support of child care and development services be encouraged. (e) Families have a choice of programs that allow for maximum involvement in planning, implementation, operation, and evaluation of child care and development programs. (f) Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety of child care programs, including, but not limited to, their right to inspect child care licensing files. (g) Planning for expansion of child care and development programs be based on ongoing local needs assessments. (h) The department, in providing funding to child care and development agencies, promote a range of services which will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following: (1) Programs located in centers, family child care homes, or in the child’s own home. (2) Services provided part-day, full-day, and during nonstandard hours including weekend care, night and shift care, before and after school care, and care during holidays and vacation. (3) Child care services provided for infants, preschool, and schoolage children. (i) The department be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  88. 10208.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must develop standards for implementing quality programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10208. The department shall develop standards for the implementation of quality programs. Indicators of quality shall include, but not be limited to: (a) A physical environment that is safe and appropriate to the ages of the children and that meets applicable licensing standards. (b) Program activities and services that are age appropriate and meet the developmental needs of each child. (c) Program activities and services that meet the cultural and linguistic needs of children and families, including, but not limited to, program activities and services that meet the needs of dual language learners for support in the development of their home language and English. (d) Family and community involvement. (e) Parent education. (f) Efficient and effective local program administration. (g) Staff that possesses the appropriate and required qualifications, experience, training, or a combination thereof. The appropriate staff qualifications shall reflect the diverse linguistic and cultural makeup of the children and families in the child care and development program. The use of intergenerational staff shall be encouraged. (h) Program activities and services that meet the needs of children with exceptional needs and their families. (i) Support services for children, families, and providers of care. (j) Resource and referral services. (k) Alternative payment services. (l) Provision for nutritional needs of children. (m) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies. (n) Health services that include referral of children to appropriate agencies for services. (Amended by Stats. 2022, Ch. 62, Sec. 18. (AB 210) Effective June 30, 2022.)
  89. 10209.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The State Department of Education must develop prekindergarten learning development guidelines, and department-funded programs must use them.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10209. (a) On or before June 30, 1999, the State Department of Education, in consultation with the department, shall develop prekindergarten learning development guidelines. The development of these guidelines shall be funded from funds appropriated for this purpose in the Budget Act of 1998. The guidelines shall focus on preparing four- and five-year-old children for kindergarten. The guidelines shall identify appropriate developmental milestones for each age, how to assess where children are in relation to the milestones, and suggested methods for achieving the milestones. In addition, the guidelines shall identify any basic beginning skills needed to prepare children for kindergarten or first grade, and methods for teaching these basic skills. The guidelines shall be articulated with the academic content and performance standards adopted by the State Board of Education for kindergarten and grades 1 to 12, inclusive. The State Department of Education may contract with an appropriate public or private agency to develop the guidelines. (b) In future expenditure plans for quality improvement activities, the department shall include funding for periodically updating the guidelines consistent with academic and performance standards and relevant research, broadly distributing the guidelines, and providing education, outreach, and training services to implement the guidelines. (c) Programs funded by the department under Chapter 6 (commencing with Section 10235) and Chapter 7 (commencing with Section 10240), shall use the prekindergarten learning development guidelines developed pursuant to this section. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  90. 10209.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must make sure child care contracts support public schools, include developmental profile requirements, and provide profiles to providers when possible.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10209.5. (a) The department shall ensure that each contract entered into under this part to provide child care and development services, or to facilitate the provision of those services, provides support to the public school system of this state through the delivery of appropriate educational services to the children served pursuant to the contract. (b) The department shall ensure that all contracts for child care and development programs include a requirement that each public or private 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. To the extent possible, the department shall provide a developmental profile to all public and private providers using existing profile instruments that are most cost efficient. The provider of any program operated pursuant to a contract under Section 10268.5 shall be responsible for maintaining developmental profiles upon entry through exit from a child development program. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  91. 10209.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The Director of Social Services must create procedures, regulations, and interim directives for identifying and reporting dual language learner data in certain child care programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10209.6. (a) It is the intent of the Legislature for general or migrant childcare and development contractors, teachers, and staff to better understand the language and developmental needs of dual language learners enrolled in publicly funded general childcare and development programs or migrant childcare and development programs by identifying them as a dual language learner through a family language instrument and support their needs through a family language and interest interview. The identification of dual language learners will help improve program quality and inform the allocation and use of state and program resources to better support them and their linguistic and developmental needs for success in school and in life. (b) The Director of Social Services shall develop procedures for general or migrant childcare and development contractors to identify and report data on dual language learners enrolled in a general childcare and development program administered pursuant to Chapter 7 (commencing with Section 10240) or a migrant childcare and development program administered pursuant to Chapter 6 (commencing with Section 10235). To the maximum extent practicable, the procedures developed by the director shall align to the procedures required for state preschool contractors, as specified in Section 8241.5 of the Education Code. (c) The procedures developed by the director pursuant to this section to identify dual language learners shall, at a minimum, include both of the following: (1) (A) The distribution and collection of a completed family language instrument developed by the director from a parent or guardian of each child enrolled in a general childcare and development program or migrant childcare and development program no later than upon enrollment. The family language instrument shall, at a minimum, be able to identify which languages the child is exposed to in the child’s home and community environment, and which languages the child demonstrates an understanding of or is able to speak. (B) Notwithstanding subparagraph (A), a general or migrant childcare and development contractor serving a schoolage child enrolled in a K–12 education program who has been designated by the child’s school district, county office of education, or charter school as an English learner through the state assessment for English language proficiency may use that designation as an English learner to identify the child as a dual language learner. (2) Criteria for general or migrant childcare and development contractors to use to accurately identify dual language learners enrolled in their programs based on the information collected from the family language instrument and criteria for the family language and interest interview. (d) For any child enrolled in a general childcare and development program or migrant childcare and development program who has been identified as a dual language learner pursuant to subdivision (c), a family language and interest interview shall be conducted by the child’s teacher or other designated staff that shall include, at a minimum, an inquiry and a discussion about the strengths and interests of the child, the language background of the child, and the needs of parents, guardians, or family members of the child to support the language and development of the child. The director shall develop the family language and interest interview to be used by teachers and designated staff for purposes of this subdivision. To the maximum extent practicable, the family language and interest interview developed by the director shall align to the interview required for state preschool program contractors, as specified in Section 8241.5 of the Education Code. (e) The reported data about dual language learners in a general childcare and development program or migrant childcare and development program shall be submitted at a timeframe determined by the director in line with the reporting requirements specified in Section 10267.5, and shall include, at a minimum, all of the following: (1) A child’s home language, the language the child is most exposed to, and the family’s preferred language in which to receive verbal and written communication. (2) A child’s race or ethnicity. (3) Language characteristics of the general childcare and development program or migrant childcare and development program, including, but not limited to, whether the program uses the home language for instruction, such as a dual language immersion program, or another program that supports the development of home languages. (4) The language composition of the program staff. (f) To the maximum extent possible, the director shall use existing enrollment and reporting procedures for general or migrant childcare and development contractors to meet the requirements of this section. (g) (1) To ensure dual language learners and their linguistic and developmental needs are accurately identified in order to be effectively supported by general or migrant childcare and development contractors, the director shall develop clear implementation procedures and related guidance for those contractors that, to the maximum extent practicable, shall align to the procedures and guidance developed by the Superintendent for state preschool program contractors pursuant to Section 8241.5 of the Education Code. (2) The director shall adopt regulations to implement this section. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before August 16, 2024, the director shall develop informal directives to implement this section until the time regulations are adopted. (h) It is the intent of the Legislature to connect information about dual language learners in the California Cradle-to-Career Data System. (i) The procedures developed by the director to identify dual language learners pursuant to subdivisions (b) and (c) shall not be connected to or associated with the designation of an English learner in the K–12 public school system. (j) The procedures to identify and report dual language learners pursuant to this section shall be the sole responsibility of the general or migrant childcare and development contractor. Family childcare providers shall not be responsible nor liable for the accuracy of data. The identification and reporting of dual language learners by general or migrant childcare and development contractors shall not impact the status of a provider within a family childcare home education network. Family childcare providers shall not be responsible for conducting family language and interest interviews. General or migrant childcare and development contractors shall provide the designated staff to conduct family language and interest interviews for families enrolled in family childcare homes. (k) In order to minimize the administrative work required of contractors, teachers, staff, and families involved in a general childcare and development program, a migrant childcare and development program, or the state preschool program, as specified in this section and Section 8241.5 of the Education Code, the director and Superintendent of Public Instruction shall coordinate efforts to implement this section. (l) (1) Nothing in this section shall be construed to compel a parent or guardian of a child enrolled in a general childcare and development program or migrant childcare and development program to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or the family language and interest interview described in subdivision (d). (2) A contract for a state preschool program shall not be affected by a parent or guardian of a child enrolled in a general childcare and development program or migrant childcare and development program who declines to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or the family language and interest interview described in subdivision (d). (3) Nothing in this section shall be construed to affect the eligibility of a child to enroll in a general childcare and development program or migrant childcare and development program under Section 10271. (Added by Stats. 2023, Ch. 435, Sec. 2. (AB 393) Effective January 1, 2024.)
  92. 10210.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Child development facilities must provide for the nutritional needs of children in attendance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10210. In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, it is the policy of this state that no child shall be hungry while in attendance in child care and development facilities as defined in Section 10213.5 and that child development facilities have an obligation to provide for the nutritional needs of children in attendance. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  93. 10210.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department should give priority to children from families eligible for public assistance and other low-income or disadvantaged families, and claim federal reimbursement when federal funds are available.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10210.5. It is the intent of the Legislature that in providing child development programs the department give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. Federal reimbursement shall be claimed for any child receiving services under this part for whom federal funds are available. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  94. 10211.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department is the state agency responsible for child care and development services and must administer the federal Child Care and Development Fund.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10211. (a) The department is hereby designated as the single state agency responsible for the promotion, development, and provision of care of children in the absence of their parents during the workday or while engaged in other activities which require assistance of a third party or parties. The department shall administer the federal Child Care and Development Fund. (b) For purposes of this section, “Child Care and Development Fund” has the same meaning as in Section 98.2 of Title 45 of the Code of Federal Regulations. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  95. 10211.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must work with federal and state partners to develop and submit CCDF-related plans, release a draft by the stated date, hold a 30-day comment period, and send revised or final plans to specified recipients.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10211.5. (a) The department shall collaborate with the Secretary of Health and Human Services, with the advice and assistance of the Child Development Programs Advisory Committee, in the development of the state plan required pursuant to the federal Child Care and Development Fund, before submitting or reporting on that plan to the federal Secretary of Health and Human Services. (b) (1) For purposes of this section, “Child Care and Development Fund” has the same meaning as in Section 98.2 of Title 45 of the Code of Federal Regulations. (2) For purposes of this section, “collaborate” means to cooperate with and to consult with. (c) (1) As required by federal law, the department shall develop an expenditure plan that sets forth the final priorities for child care. The department shall coordinate with the State Department of Education, the California Children and Families Commission, and other stakeholders, including the Department of Finance, to develop the Child Care and Development Fund (CCDF) Plan. On or before February 1 of the year that the CCDF Plan is due to the federal government, the department shall release a draft of the plan. The department shall then commence a 30-day comment period that shall include at least one hearing and the opportunity for written comments. By April 1 of the year that the CCDF Plan is due, the department shall provide the revised plan and a description of any changes to the earlier draft to the Director of Finance and the chairs of the fiscal committees of the Legislature. (2) After the CCDF Plan is approved by the United States Department of Health and Human Services, the department shall provide to the Department of Finance and the fiscal committees of the Legislature a copy of the final plan and a description of any changes made since submitting the draft plan for review. (3) If the annual Budget Act requires changes to the approved CCDF Plan, the department shall submit an amended plan to the United States Department of Health and Human Services. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  96. 10212.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must consult with the Commission on Teacher Credentialing and the office of the Chancellor of the California Community Colleges when developing the state plan, where appropriate.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10212. The department shall consult with the Commission on Teacher Credentialing, and the office of the Chancellor of the California Community Colleges in development of the state plan, where appropriate. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  97. 10212.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The Legislature states that federal Child Care and Development Fund money should be allocated in line with federal regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10212.5. It is the intent of the Legislature that federal funds received pursuant to the federal Child Care and Development Fund be allocated according to federal regulations. For purposes of this section, “Child Care and Development Fund” has the same meaning as in Section 98.2 of Title 45 of the Code of Federal Regulations. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  98. 10212.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must manage childcare slot awards and contracting, including releasing applications, announcing awards, executing contracts, revising slot counts, and distributing unawarded slots under the stated conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10212.6. (a) It is the intent of the Legislature to add approximately 206,800 new childcare slots above the slot levels funded during the 2020–21 fiscal year, distributed as follows: (1) Approximately 62,000 slots to general childcare and development programs (Chapter 7 (commencing with Section 10240)). (2) Approximately 143,000 slots to alternative payment programs (Chapter 3 (commencing with Section 10225)). (3) Approximately 1,300 slots to migrant alternative payment programs (Chapter 3 (commencing with Section 10225)). (4) Approximately 500 slots to the Emergency Child Care Bridge Program under Section 11461.6. (b) (1) As of May 15, 2024, the state has added funding to programs that, as of that date, resulted in an award of an estimated 118,800 new childcare slots to all of the following programs: (A) An estimated 22,000 slots to general childcare and development programs. (B) An estimated 95,000 slots to alternative payment programs. (C) An estimated 1,300 slots to migrant alternative payment programs. (D) An estimated 500 slots to the Emergency Child Care Bridge Program. (2) It is the intent of the Legislature that the remaining new childcare slots described in subdivision (a) that have not been added and awarded as of January 1, 2024, may be distributed as follows: (A) In the 2024–25 fiscal year, an estimated 11,000 slots to general childcare and development programs. (B) In the 2026–27 fiscal year, 12,000 slots to general childcare and development programs and 32,000 slots to alternative payment programs, subject to an appropriation in the annual Budget Act. (C) In the 2027–28 fiscal year, 17,000 slots to general childcare and development programs and 16,000 slots to alternative payment programs, subject to an appropriation in the annual Budget Act. (D) In the 2028–29 fiscal year and each fiscal year thereafter, the total number of unawarded slots to general childcare and development programs from prior years and additional childcare slots needed to maintain total slot levels, as described in subdivision (a), subject to an appropriation in the annual Budget Act. (3) Any unawarded slots described in paragraph (2) shall be distributed in each subsequent fiscal year that the slot remains unawarded to the same program specified in paragraph (2), subject to an appropriation in the annual Budget Act. (4) (A) To distribute the General Childcare and Development slots described in paragraph (2), the State Department of Social Services shall release at least one request for applications in the fall of the applicable fiscal year. The department shall announce awards for new slots by April 1 of the applicable fiscal year, and shall execute contracts beginning on or after April 1 of the applicable fiscal year, contingent on submission of all required documentation by the applicant. (B) Notwithstanding subparagraph (A), the department shall award contracts for services for 2024–25 awarded General Childcare and Development slots beginning on or after October 1, 2024, contingent on submission of all required documentation by the applicant. (c) On an annual basis, the department shall revise the number of added and awarded slots described in paragraphs (1) and (2) of subdivision (b) based on final awardee data. Pursuant to subparagraph (D) of paragraph (2) of subdivision (b), to the extent that these updated slot estimates fall below total slot levels listed in subdivision (a), the department shall add, award, and put into contract additional slots to maintain total slot levels, to the extent requested, as described in subdivision (a), subject to an appropriation in the annual Budget Act. (Added by Stats. 2024, Ch. 73, Sec. 19. (SB 163) Effective July 2, 2024.)
  99. 10213.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section requires the California Health and Human Services Secretary to contract for research and reporting on early learning and care, and it gives the agency limited contracting flexibility.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10213. (a) The Legislature finds and declares all of the following: (1) Providing children in California with a healthy start is one of the best investments the state can make. (2) Research links early childhood interventions and improved life outcomes, including higher education levels, better health, and stronger career opportunities. (3) All children, from birth through 12 years of age, should have access to culturally, linguistically, and developmentally appropriate, nurturing, educational, and high-quality early learning and care opportunities. (4) All families should have access to a variety of early learning and care settings that meet their needs and are affordable. (5) Parents are more likely to be successful in school and work if they know that their children are safe and productively engaged throughout the day. (6) Children who are emotionally, developmentally, and academically supported in an early learning and care setting are more likely to start school ready to learn and continue to excel once they are enrolled in school. (7) High-quality early learning and care programs require a competent, effective, well-compensated, and professionally supported workforce that reflects the racial, ethnic, and linguistic diversity and needs of the children and families served, including children who are dual language learners and children with exceptional needs. (8) Early learning and care programs must be integrated with other supports and services for children, families, and the workforce. (9) Subsidized access to high-quality early learning and care programs requires funding sources that are adequate and sustainable to meet the costs of care, respond to the diverse needs of children and families, and adequately compensate and support the workforce. (b) To guide the implementation of a well-aligned, comprehensive state early learning and care system, the Secretary of California Health and Human Services, or the secretary’s designee, in concurrence with the executive director of the State Board of Education, or the executive director’s designee, and in consultation with the Superintendent of Public Instruction, or the Superintendent of Public Instruction’s designee, shall enter into a contract with one or more nongovernmental research entities to review existing research and data and to conduct research on priority areas of study identified pursuant to subdivision (d). This work shall be compiled in a report, or series of reports, released on a continuing basis and shall be completed on or before October 1, 2020, and provided to the Governor, the chairpersons of the relevant legislative policy and budget committees, the Secretary of California Health and Human Services, the executive director of the State Board of Education, the Superintendent of Public Instruction, and the Director of Finance. (c) The report or series of reports prepared pursuant to subdivision (b) shall be designed to support and incorporate relevant components of the 2019 California Assembly Blue Ribbon Commission on Early Childhood Education Final Report, and are intended to be used to develop a master plan to ensure comprehensive, quality, and affordable child care and universal preschool for children from birth to school age. To the extent necessary and appropriate, the entities conducting research pursuant to this section shall engage a diverse group of stakeholders and experts, including families and providers, to inform their recommendations. All reports shall take into account fiscal sustainability and include costs to implement the recommendations and strategies for prioritizing investments into the recommendations over a multiyear period. (d) The amount appropriated for purposes of this section in the Budget Act of 2019 shall be allocated for the following priority areas of study: (1) A fiscal framework that provides options for ongoing funding to significantly expand early learning and care in the state, including options to generate needed revenues and examine alternate funding streams. This framework shall incorporate the principles of shared responsibility, fiscal sustainability, and regional variability, including by examining the appropriate role for government, businesses, and parents in meeting high-quality, affordable child care and prekindergarten education needs. (2) Early learning and care facility needs statewide, including surveys of subsidized early learning and care providers to collect information regarding ownership or rental of the facilities, monthly facility payments, ancillary costs, interest in expanding existing facilities, and any associated challenges, including ongoing facility maintenance. This study shall identify areas of the state most in need of early learning and care facility expansion and shall recommend the most appropriate setting types given the unique geographic and capacity characteristics of the region. Additionally, this study shall also seek input from relevant regional entities to identify existing publicly owned facilities that could house early learning and care programs with modifications to meet health and safety requirements, including those facilities owned by school districts, county offices of education, cities, and counties. (3) Need for early learning and care services by families eligible for subsidies, including those not currently receiving services. The study shall include, but not be limited to, surveys of parents to collect information on current early learning and care arrangements, hours of care needs, key considerations regarding choice of provider and setting, and data about the racial, ethnic, and linguistic diversity of eligible families. This study shall include the need for early learning and care with a priority focus on those children from birth through 5 years of age, but shall also include children from birth through 12 years of age, and shall highlight regions of the state with the lowest relative access to care. The study shall also make recommendations on how to support and promote types of early learning and care that meet families’ cultural and linguistic needs. (4) An actionable quality improvement plan that includes, but is not limited to, both of the following: (A) A cohesive set of minimum quality and program guidelines for all subsidized child care providers by and across settings that balances the improved social, emotional, cognitive, and academic development of children with the resources available to providers, and that takes into account gender, class, race, language access, implicit bias, and lived experience in the construction of quality. (B) An accessible and cohesive career pathway for all types of child care professionals, including those whose primary language is not English, that considers a ladder of mobility, aligned with the state’s system of provider reimbursement, based on competencies that are evidence based and driven by characteristics of quality, and that may consider educational attainment to produce a trained and stable workforce. (5) Necessary steps to provide universal prekindergarten education for all three- and four-year-old children in California, including by considering both of the following: (A) Recommendations to address the overlap between the transitional kindergarten, state preschool, and Head Start programs, and ensure that all children, regardless of family income, have access to the same level of prekindergarten program quality. (B) Recommendations to align prekindergarten education with the subsidized child care system and the elementary and secondary education system, to ensure that children have access to a full day of care, as needed, and ensure seamless matriculation to elementary and secondary education. (e) The Secretary of California Health and Human Services shall report to the Department of Finance and the Joint Legislative Budget Committee on the proposed expenditures of funding for research identified pursuant to subdivision (d) before entering into any contract for this purpose. (f) For purposes of subdivisions (b) to (d), inclusive, the California Health and Human Services Agency may enter into exclusive or nonexclusive contracts with nongovernmental research entities on a bid or negotiated basis. A contract entered into or amended pursuant to subdivision (b) shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. (g) Notwithstanding any other law, the one or more nongovernmental research entities may subcontract as necessary in the performance of its duties, subject to approval of the Secretary of California Health and Human Services. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  100. 10213.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section defines terms used in the Child Care and Development Services Act, including part-time care, full-time care, and excessive unexplained absences.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10213.5. As used in this part: (a) “Alternative payments” includes payments that are made by one childcare agency to another agency or childcare provider for the provision of childcare and development services, and payments that are made by an agency to a parent for the parent’s purchase of childcare and development services. (b) “Alternative payment program” means a local government agency or nonprofit organization that has contracted with the department pursuant to Section 10225.5, or a migrant alternative payment program pursuant to Chapter 6 (commencing with Section 10235), to provide alternative payments and to provide support services to parents and providers. (c) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter. (d) “Assigned reimbursement rate” is that rate established by the contract with the agency and is derived by dividing the total dollar amount of the contract by the minimum child day of average daily enrollment level of service required. (e) “Attendance” means the number of children present at a childcare and development facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, medical and educational appointments, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child. For purposes of reimbursement, a contractor may claim attendance for days that the contractor or provider is required to hold a space for a child during the period that a family is assumed to have abandoned care or is engaging in the appeal process based on disenrollment for abandoning care. (f) “Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies. (g) “Caregiver” means a person who provides direct care, supervision, and guidance to children in a childcare and development facility. (h) “Childcare and development facility” means a residence or building or part thereof in which childcare and development services are provided. (i) “Childcare and development programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family childcare homes. These programs include, but are not limited to, all of the following: (1) General childcare and development. (2) Migrant childcare and development. (3) Childcare provided by the California School Age Families Education Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29 of Division 4 of Title 2). (4) Resource and referral. (5) Childcare and development services for children with exceptional needs. (6) Family childcare home education network. (7) Alternative payment. (8) Schoolage community childcare. (j) “Childcare and development services” means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. These services may include direct care and supervision, instructional activities, resource and referral programs, and alternative payment arrangements. (k) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter. (l) “Children with exceptional needs” means either of the following: (1) Infants and toddlers under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans, shall be receiving early intervention services, and shall be children who require the special attention of adults in a childcare setting. (2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, and who meet eligibility criteria described in Section 56026 of the Education Code and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program, shall be receiving early intervention services or appropriate special education and related services, and shall be children who require the special attention of adults in a childcare setting. These children include children with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (also referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, who need special education and related services consistent with Section 1401(3)(A) of Title 20 of the United States Code. (m) “Closedown costs” means reimbursements for all approved activities associated with the closing of operations at the end of each growing season for migrant child development programs only. (n) “Cost” includes, but is not limited to, expenditures that are related to the operation of childcare and development programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business. (o) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning. (p) “Family childcare home education network” means an entity organized under law that contracts with the department pursuant to Section 10250 to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for state-subsidized childcare and development services. A family childcare home education network may also be referred to as a family childcare home system. (q) “Health services” include, but are not limited to, all of the following: (1) Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care. (2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources. (3) Health education and training for children, parents, staff, and providers. (4) Followup treatment through referral to appropriate health care agencies or individual health care professionals. (r) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education. (s) “Intergenerational staff” means persons of various generations. (t) “Dual language learner” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English. (u) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. (v) “Program director” means a person who, pursuant to Sections 10242 and 10380.5, is qualified to serve as a program director. (w) “Proprietary childcare agency” means an organization or facility providing childcare, which is operated for profit. (x) “Resource and referral programs” means programs that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. Services frequently include, but are not limited to: technical assistance for providers, toy-lending libraries, equipment-lending libraries, toy- and equipment-lending libraries, staff development programs, health and nutrition education, and referrals to social services. (y) “Severely disabled children” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Severely disabled children” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 7 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 of the Education Code as it read on January 1, 1980. (z) “Short-term respite childcare” means childcare service to assist families whose children have been identified through written referral from a legal, medical, or social service agency, or emergency shelter as being neglected, abused, exploited, or homeless, or at risk of being neglected, abused, exploited, or homeless. Childcare is provided for less than 24 hours per day in childcare centers, treatment centers for abusive parents, family childcare homes, or in the child’s own home. (aa) “Site supervisor” means a person who, regardless of their title, has operational program responsibility for a childcare and development program at a single site. A site supervisor shall hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and development program operating in a single site. The department may waive the requirements of this subdivision if the department determines that the existence of compelling need is appropriately documented. (ab) “Standard reimbursement rate” means that rate established by the department pursuant to Section 10280. (ac) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. (ad) “California state preschool program” means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children. (ae) “Support services” means those services that, when combined with childcare and development services, help promote the healthy physical, mental, social, and emotional growth of children. Support services include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling. (af) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. (ag) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized childcare and development program services to the need for these services is low, as determined by the department. (ah) “Workday” means the time that the parent requires temporary care for a child for any of the following reasons: (1) To undertake training in preparation for a job. (2) To undertake or retain a job. (3) To undertake other activities that are essential to maintaining or improving the social and economic function of the family, are beneficial to the community, or are required because of health problems in the family. (ai) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). (aj) “Local educational agency” means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. (ak) “Alternative methodology” means a cost-based ratesetting method, including a cost estimation model, on which to base payment rates pursuant to the requirements set forth in Section 98.45 of Title 45 of the Code of Federal Regulations. (al) (1) Effective no later than March 1, 2024, “part-time care” means care certified for a child for fewer than 25 hours per week. (2) Effective no later than March 1, 2024, “full-time care” means care certified for a child for 25 or more hours per week. (3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision by all-county letters, bulletins, or similar written instructions until regulations are adopted. (4) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2026. (5) If the provisions of this subdivision are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (am) “Excessive unexplained absences” means absences that are not considered excused as defined in subdivision (e) and exceed 30 days within a 12-month interval during the period of time between determinations and redeterminations. Excessive unexplained absences, for the purposes of reimbursement, include nonconsecutive and consecutive days of absence that are not considered excused as defined in subdivision (e). (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision by all-county letters, bulletins, or similar written instructions until regulations are adopted. (2) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2030. (Amended by Stats. 2026, Ch. 25, Sec. 27. (AB 150) Effective June 29, 2026.)
  101. 10214.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Parents may choose child care that is exempt from licensure for programs covered by this part.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10214. Child care exempt from licensure is a valid parental choice of care for all programs provided for under this part, and no provision of this part shall be construed to exclude or discourage the exercise of that choice. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  102. 10214.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Child care and development programs must include respite child care and development.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10214.5. Notwithstanding any other provision of law, child care and development programs, as defined in Section 10213.5, shall include, but not be limited to, respite child care and development. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  103. 10215.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may waive certain child care and child nutrition program requirements during a Governor-declared state of emergency, but only within limits and for no more than 45 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1. General Provisions [10207 - 10215] ( Chapter 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10215. (a) If a state of emergency is declared by the Governor, the department may waive any requirements of this code or regulations adopted pursuant to this code relating to child care and development programs operated pursuant to this chapter only to the extent that enforcement of the regulations or requirements would directly impede disaster relief and recovery efforts or would disrupt the current level of service in child care and development programs. (b) If a state of emergency is declared by the Governor, the department may waive any requirements of this code or regulations adopted pursuant to this code relating to child nutrition programs in child care and development programs operated pursuant to this chapter only to the extent that enforcement of the regulations or requirements would directly impede disaster relief and recovery efforts or would disrupt the current level of service in child care and development programs. (c) A waiver granted pursuant to subdivision (a) or (b) shall not exceed 45 calendar days. (d) For purposes of this section, “state of emergency” includes, but is not limited to, fire, flood, earthquake, or a period of civil unrest. (e) If a request for a waiver pursuant to subdivision (a) or (b) is for a child care and development program or child nutrition program that receives federal funds and the waiver may be inconsistent with the state plan or any federal law or regulations governing the program, the department shall seek and obtain approval of the waiver from the appropriate federal agency before granting the waiver. (f) (1) From July 1, 2020, to June 30, 2021, inclusive, due to the ongoing impacts of child care and development facility closures and low child attendance due to the COVID-19 pandemic and related public health directives, the Superintendent shall reimburse a contracting agency for a California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, a general child care and development program pursuant to Chapter 7 (commencing with Section 10240), a family child care home education network pursuant to Chapter 8 (commencing with 10250), a migrant child care and development program pursuant to Chapter 6 (commencing with Section 10235), or child care and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) that meets one of the following requirements: (A) The program operated by the contracting agency opens by September 8, 2020, or within 21 calendar days from the start date of the contracting agency’s 2020–21 program calendar approved by the department, whichever is sooner, and remains open and offering services through the 2020–21 program year. (B) The program operated by the contracting agency is closed by local or state public health order or guidance due to the COVID-19 pandemic. (C) (i) The program operates on the campus of a local educational agency that is closed by local or state public health guidance or order and the local educational agency has required the early learning and care program to close. (ii) To ensure continuity of care and access to services during the COVID-19 pandemic, the governing board or body of the local educational agency requiring a closure pursuant to clause (i) shall discuss in a public hearing and prepare a plan for safely reopening early learning and care programs as soon as safely possible, but no later than when local education agency campuses open for in-person instruction. (2) Reimbursement pursuant to paragraph (1) shall be 100 percent of the contract maximum reimbursable amount or net reimbursable program costs, whichever is less, pursuant to guidance released by the Superintendent. (3) A child care program specified in paragraph (1) that is physically closed pursuant to subparagraph (B) or (C) of paragraph (1) due to the COVID-19 pandemic, but funded to be operational, shall provide distance learning services as specified by the Superintendent. A contractor specified in paragraph (1) shall submit a distance learning plan to the department pursuant to guidance from the Superintendent. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  104. 10216.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1.1. Online Portal for Child Care and Development Services [10216- 10216.] ( Chapter 1.1 added by Stats. 2021, Ch. 116, Sec. 260. )

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    California’s department must create and post a public online portal for child care and development services, and the Superintendent of Public Instruction must convene a workgroup and later submit a plan and report.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 1.1. Online Portal for Child Care and Development Services [10216- 10216.] ( Chapter 1.1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10216. (a) It is the intent of the Legislature in adopting this chapter that every family in California have access to current and robust information regarding the state’s vast array of child care and development services through a publicly available online portal hosted and maintained by the department that includes, among other things, program and eligibility information, the opportunity to connect with resource and referral agencies and providers, the ability to use an online eligibility screening tool in order to assess eligibility for services, a way to link to local child care resource and referral agencies and alternative payment programs for additional assistance in selecting and assessing child care, and access to placement on waiting lists for local subsidized child care programs. (b) On or before June 30, 2022, the department shall develop and post on the department’s Internet Web site, for use by the general public, an online portal for California’s comprehensive child care and development services. (c) (1) In planning for future enhancements to the online portal, the Superintendent of Public Instruction shall convene, on or before June 30, 2019, a workgroup made up of stakeholders, including, but not limited to, representatives of child care resource and referral programs, alternative payment programs, contracted center-based programs, First 5 county commissions, county offices of education, school-based providers, private center-based care providers, and family child care homes. This workgroup shall, on or before June 30, 2020, evaluate, and provide recommendations to the Superintendent of Public Instruction on any necessary modifications or improvements to the online portal to ensure its improved effectiveness, including the consideration of possible models for, and plans for inclusion in the online portal of, components, including, but not limited to, both of the following: (A) Components to link parents to local child care resource and referral agencies and alternative payment programs for additional assistance in selecting and assessing child care and to place parents on waiting lists for local subsidized child care programs for which subsidized slots are not readily available. (B) An online eligibility screening tool used to assess eligibility for services. (2) (A) On or before January 1, 2021, the Superintendent of Public Instruction shall submit to the appropriate committees of the Legislature a comprehensive plan for implementing the recommendations of the workgroup and a report proposing plans for enhancements to the online portal, based on recommendations received from the workgroup developed pursuant to paragraph (1), including the components described in subparagraphs (A) and (B) of paragraph (1). (B) The Superintendent of Public Instruction may contract with an outside entity for purposes of completing the report required pursuant to subparagraph (A). (C) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by this paragraph is inoperative on January 1, 2025. (d) The requirements of this section are subject to the availability of public or private funding for the purposes of this section. The department may accept grants or in-kind support from any source, public or private, to help perform the requirements of this section. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  105. 10217.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Appropriated funds for this chapter may be used for child care resource and referral programs, and those programs may be operated by public or private nonprofit entities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10217. Funds appropriated for the purpose of this chapter may be used for child care resource and referral programs which may be operated by public or private nonprofit entities. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  106. 10218.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The Legislature states its intent that $180,000 be appropriated each fiscal year for child care and development resource and referral agencies operated by local educational agencies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10218. It is the intent of the Legislature that one hundred eighty thousand dollars ($180,000) be appropriated each fiscal year for allocation to child care and development resource and referral agencies operated by local educational agencies for the purpose of the child care resources and referral program set forth in this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  107. 10219.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Child care resource and referral programs serving a defined area must provide specified referral, information, documentation, technical assistance, and support services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10219. (a) For purposes of this chapter, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services: (1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family child care homes, public and private child care programs, full-time and part-time programs, and infant, preschool, and extended care programs. (B) The resource file shall include, but not be limited to, the following information: (i) Type of program. (ii) Hours of service. (iii) Ages of children served. (iv) Fees and eligibility for services. (v) Significant program information. (2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following: (I) Toll-free telephone lines. (II) Office space convenient to parents and providers. (III) Referrals in languages which are spoken in the community. (ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods. (B) (i) Provision of information to any person who requests a child care referral of their right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the department’s Community Care Licensing Division. (ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i): “State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services’ Community Care Licensing Division. You have the right to access any public information in these files.” (3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs: (i) Number of calls and contacts to the child care information and referral program or component. (ii) Ages of children served. (iii) Time category of child care request for each child. (iv) Special time category, such as nights, weekends, and swing shift. (v) Reason that the child care is needed. (B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 10486 and any county implementing an individualized county child care subsidy plan. (4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to: (A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources. (B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community. (C) Dissemination of information on current public issues affecting the local and state delivery of child care services. (D) Facilitation of communication between existing child care and child-related services providers in the community served. (5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the child’s family, as described in paragraph (2) of subdivision (d) of Section 11461.6, and the child’s social worker and child and family team to assess child care opportunities appropriate to the child’s age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child. (ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IV–E of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to their home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6. Eligibility for navigator services shall not be contingent on a child’s receipt of a child care payment or voucher. (B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care. (ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IV–E of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. (b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources. (c) (1) A program operating pursuant to this chapter shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the program’s referral list. (2) A program operating pursuant to this chapter shall, within two business days of receiving notice, notify all entities, operating a program under Chapter 3 (commencing with Section 10225) and Chapter 21 (commencing with Section 10370) in the program’s jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  108. 10220.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A child care resource and referral program serving a defined geographic area may provide short-term respite child care, and that service must be prioritized for certain families and parents when resources allow.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10220. (a) In addition to the services described in Section 10219, a child care resource and referral program, established to serve a defined geographic area, may provide short-term respite child care. “Short-term respite care,” for purposes of this chapter, means temporary child care services to do any of the following: (1) Provide services to families identified and referred by child protective agencies. (2) Relieve the stress caused by child abuse, neglect, or exploitation, or the risk of abuse, neglect, or exploitation. (3) Assist parents who, because of serious illness or injury, homelessness, or family crisis, including temporary absence from the home because of illness or injury, would be unable without assistance to provide the normal care and nurture expected of parents. (4) Provide temporary relief to parents from the care of children with exceptional needs. (b) Pursuant to the delivery of short-term respite child care services, priority shall be given for the provision of services to families identified and referred by child protective agencies, to relieve the stress caused by child abuse, neglect, or exploitation, or the risks thereof, as described in paragraphs (1) and (2) of subdivision (a). Priority shall be given to assist parents and to provide temporary relief to parents, as described in paragraphs (3) and (4) of subdivision (a) to the extent that resources are available. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  109. 10221.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Child care resource and referral services must be provided in a way that responds to the cultural, linguistic, and economic needs of the service area.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10221. All child care resource and referral services shall be provided in a manner which is responsive to the diverse cultural, linguistic, and economic needs of a defined geographic area of service. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  110. 10222.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Child care resources and referral must be provided to all requesting persons and all child care providers, no matter their income or eligibility criteria.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10222. Child care resources and referral shall be provided to all persons requesting services and to all types of child care providers, regardless of income level or other eligibility criteria. In addition to the services prescribed by this section, child care resource and referral may provide a wide variety of parent and provider support and educational services. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  111. 10223.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section establishes the California Child Care Initiative Project and directs the department to fund it, create a database, and adopt implementing regulations by July 1, 2025.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10223. (a) There is hereby established a project known as the California Child Care Initiative Project. It is the intent of the Legislature to promote and foster the project in cooperation with private corporations and local governments. The objective of the project is to increase the availability of quality childcare programs in the state. (b) For purposes of this section, the California Child Care Initiative Project means a project to expand the role and functions of selected resource and referral agencies in activities including needs assessment, recruitment and screening of providers, technical assistance, and staff development and training, in order to aid communities in increasing their capability in the number of childcare spaces available and the quality of childcare services offered. (c) The department shall allocate all state funds appropriated for the California Child Care Initiative Project for the purpose of making grants to those childcare resource and referral agencies that have been selected as pilot sites for the project. (d) The grants to the sites made available by the project shall be composed of a combination of state funds or a combination of state funds and other funds. (e) The department shall develop a database for the project. (f) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made to this section by the act that added this subdivision by all-county letter or similar directive until regulations are adopted. (2) The department shall adopt regulations implementing the changes made to this section by the act that added this subdivision no later than July 1, 2025. (Amended by Stats. 2022, Ch. 62, Sec. 20. (AB 210) Effective June 30, 2022.)
  112. 10224.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Agencies that run both a direct service program and a resource and referral program must give at least four referrals when making referrals, including one referral to a provider they do not control, and tell families they may choose a license-exempt provider.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10224. When making referrals, every agency operating both a direct service program and a resource and referral program shall provide at least four referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control, as well as information to a family on the family’s ability to choose a license exempt provider. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  113. 10224.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Local child care resource and referral agencies must gather, update, and provide child care data at least monthly, and the department must provide guidance on data collection and reporting.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 2. Resource and Referral Programs [10217 - 10224.5] ( Chapter 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10224.5. (a) Federal funds allocated to local child care resource and referral agencies to support their continued participation in COVID-19 relief and recovery shall include, but not be limited to, strengthening their role in serving as intermediaries to develop new, and support existing, child care facilities and capacity, and to streamline and improve data collection processes in collaboration with the state for use by the agencies and by the state. Additional data reporting shall include gathering data from providers and updating information on child care provider status, capacity, and vacancy at least once a month. Data collected shall be provided to the department or its designee at least monthly. The department shall provide guidance regarding data collection and reporting requirements pursuant to this section. (b) It is the intent of the Legislature to allocate funds for the purposes described in subdivision (a) annually, subject to an appropriation for this purpose. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  114. 10225.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may approve use of appropriated funds for alternative payment programs, and those payment arrangements must follow the eligibility criteria and parent fee schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10225. (a) Upon the approval of the department, funds appropriated for the purposes of this chapter may be used for alternative payment programs to allow for maximum parental choice. Various methods of reimbursement for parental costs for child care may be utilized. All payment arrangements shall conform to the eligibility criteria and the parent fee schedule established pursuant to Sections 10271 and 10280. (b) To provide for maximum parental choice, alternative payment programs may include the following: (1) A subsidy that follows the family from one provider to another within a given alternative payment program. (2) Choices, whenever possible, among hours of service including before and after school, evenings, weekends, and split shifts. (3) Child care and development services according to parental choice, including use of family child care homes, general center based programs, and other state-funded programs to the extent that those programs exist in the general service area and are in conformity with the purposes and applicable laws for which those programs were established, but excluding state preschool programs. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  115. 10225.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must contract with local agencies for alternative payment programs, expand existing programs, and fund new ones when the Legislature provides funds. Applicants for new funding must meet chapter requirements and show the program is suitable and administratively viable. Alternative payment programs generally have 12 to 24 months to spend allocated funds, with an exception for certain child care administration contracts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10225.5. (a) It is the intent of the Legislature that: (1) Working families be supported with maximum access to child care and development programs that focus on stabilizing families and helping children realize greater education outcomes. (2) Working families have access to the supportive services needed to ensure the healthy physical, cognitive, social, and emotional growth and development of children. (3) The department, in providing funding to child care and development agencies, promote a contracting term for services that will allow parents the opportunity to choose the type of care most suited to their needs. (4) Working families achieve and maintain their personal, social, economic, and emotional stability through an opportunity to attain financial stability through employment and parental development while maximizing the growth and development of their children, and through enhancing their parenting skills through participation in child care and development programs. (b) The department shall contract with local contracting agencies for alternative payment programs so that services will be provided throughout the state. The department shall expand existing alternative payment programs and fund new alternative payment programs to the extent that funds are provided by the Legislature. (c) Funding for the new programs pursuant to this section shall be allocated to programs that meet all of the following requirements: (1) Applicants shall conform to the requirements of this chapter. (2) Applicants shall demonstrate that an alternative payment child development program is an appropriate method of delivering child care services within the county or service area at the level requested in the application by doing either of the following: (A) Demonstrating the availability of sufficient licensed or exempt child care providers. (B) Providing a plan for the development of sufficient licensed child care providers working in cooperation with the local resource and referral agency. (3) Applicants shall demonstrate the administrative viability of the alternative payment agency and its capacity to meet performance requirements. (4) Existing alternative payment child development programs receiving funds for expansion into a new service area shall be funded at a documented rate appropriate to that community and may contract separately as appropriate. (d) (1) Except as provided in paragraph (3), an alternative payment program shall have no less than 12 months, and no more than 24 months, to expend funds allocated to that program in any fiscal year. (2) The department shall develop a process that provides alternative payment programs no less than 12 months, and no more than 24 months, to expend funds allocated to that program in any fiscal year. (3) Paragraphs (1) and (2) do not apply to contracts relating to the administration of child care services described in Sections 10372 and 10372.5. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  116. 10226.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Alternative payment programs must serve a department-approved geographic area, and the department must reserve funds so at least 50% supports expanding current programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10226. (a) Alternative payment programs shall serve an identifiable geographic area approved by the department. The service area may be delineated by jurisdictional city or county boundaries, by natural geographic barriers, streets, roads, or zip codes. (b) In the appropriation of expansion funds allocated in this section and in Assembly Bill 55 of the 1985–86 Regular Session of the Legislature, first priority shall be given to develop the alternative payment programs in unserved areas of the state. (c) Second priority shall be given to expand current alternative payment programs. The department shall reserve funds to ensure that at least 50 percent of the moneys allotted for the alternative payment program in both Assembly Bill 55 of the 1985–86 Regular Session of the Legislature and this section shall be used to fund this second priority. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  117. 10226.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Alternative payment programs must have access to resource and referral services, and in places without such agencies they must provide specified support services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10226.5. To offer maximum support for parents and providers, alternative payment programs shall have access to resource and referral services. Funding shall be adequate to purchase care at the fee charged the private client for the same service as well as to provide locally designed support services for parents and providers. In communities where there are no resource and referral agencies, alternative payment programs shall provide the following support services: (a) Information for parents to assist them in making informed choices. (b) Professional and technical assistance and information for providers. (c) Parenting information. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  118. 10227.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Alternative payments may be made for certain child care services, including licensed centers, family child care homes, care in the child’s home, and other care that complies with applicable law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10227. Alternative payments may be made for services provided in licensed centers and family child care homes, for care provided in the child’s home, and for other types of care which conform to applicable law. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  119. 10227.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Childcare providers must submit and keep monthly attendance records with daily care times, and parents and providers generally must sign them each month.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10227.5. (a) Childcare providers authorized to provide services pursuant to this chapter shall submit to the alternative payment program a monthly attendance record or invoice for each child who received services that, at a minimum, documents the dates and actual times care was provided each day, including the time the child entered and the time the child left care each day. The information shall be documented on a daily basis. (b) (1) The monthly attendance record or invoice shall, at a minimum, be signed by the parent or guardian of the child receiving services and the childcare provider once per month to attest that the child’s attendance is accurately reflected. The verification of attendance shall be made by signature at the end of each month of care and under penalty of perjury by both the parent or guardian of the child receiving services and the childcare provider. (2) (A) Notwithstanding paragraph (1) and pursuant to subdivision (d) of Section 10277, a childcare provider may submit a monthly attendance record or invoice without a parent’s signature when the parent has not communicated with the provider for a minimum of seven consecutive days, the provider has notified the contractor of the parent’s lack of communication in accordance with Section 18066.5 of Title 5 of the California Code of Regulations, and the contractor has documented the provider’s unsuccessful attempts to collect a signature. (B) If the provisions of this paragraph are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature. (c) The monthly attendance record or invoice shall be maintained by the childcare provider in the unaltered original format in which it was created, which may be in paper form or electronic format. (d) (1) The alternative payment program shall accept the monthly attendance record or invoice as documentation of the hours of care provided if the attendance record or invoice includes adequate information documented on a daily basis, including, at a minimum, the dates and actual times care was provided each day, including the time the child entered and the time the child left care each day. (2) Except as described in paragraph (3), the alternative payment program shall reimburse childcare providers based upon the following criteria: (A) The hours of service provided that are broadly consistent with certified hours of need. (B) For families with variable schedules, the actual days and hours of attendance, up to the maximum certified hours. (C) For license-exempt providers that provide part-time services, the actual days and hours of attendance, up to the maximum certified hours. (3) Effective July 1, 2025, and to July 1, 2028, inclusive, reimbursement of state-subsidized childcare and development providers, including licensed daycare centers, as defined in Section 1596.76 of the Health and Safety Code, licensed family daycare homes, as defined in Section 1596.78 of the Health and Safety Code, and license-exempt providers, that serve children through alternative payment programs, including migrant alternative payment programs pursuant to Chapter 3 (commencing with Section 10225), family childcare home education networks pursuant to Chapter 8 (commencing with Section 10250), or the CalWORKs Stage 1, Stage 2, or Stage 3 programs pursuant to Chapter 21 (commencing with Section 10370), or the Emergency Child Care Bridge Program for Foster Children pursuant to Section 11461.6, shall be based on families’ certified need, as follows: (A) Providers shall be reimbursed based on the maximum authorized hours of care, regardless of attendance. (B) For families certified for a variable schedule, providers shall be reimbursed based on the maximum authorized hours of care. (C) For license-exempt providers that provide part-time services, providers shall be reimbursed based on the maximum authorized hours of care. (e) For purposes of reimbursement to providers through an alternative payment program, contractors shall not be required to track absences. (f) For purposes of this section, a monthly attendance record or invoice is defined as documentation that includes, at a minimum, the name of the child receiving services, the dates and actual times care was provided each day, including the time the child entered and the time the child left care each day, that is signed under penalty of perjury by both the parent or guardian and the childcare provider, attesting that the information provided is accurate. (g) For the 2025–26 fiscal year, the sum of eighty-eight million five hundred fifty thousand dollars ($88,550,000) is hereby appropriated from the General Fund to the State Department of Social Services for the purpose of reimbursement based on families’ certified need as set forth in paragraph (3) of subdivision (d). These funds shall be available for encumbrance until June 30, 2026. (h) If subdivision (d) is in conflict with a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature. (Amended by Stats. 2025, Ch. 108, Sec. 2. (SB 151) Effective September 17, 2025.)
  120. 10227.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section directs the department to develop an alternative methodology for childcare reimbursement rates, report on progress, submit state plan information on deadlines, and later update the Legislature on implementation. It also says provider reimbursement rates cannot be reduced below June 30, 2024 levels.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10227.6. (a) It is the intent of the Legislature to use an alternative methodology, as defined in subdivision (ak) of Section 10213.5, to inform the setting of reimbursement rates for subsidized childcare. (b) Reimbursement rates are subject to agreement and codification by the Legislature. (c) The department, in collaboration with the State Department of Education, shall develop and conduct an alternative methodology. The department shall begin the process of data collection and analysis pursuant to developing an alternative methodology by July 1, 2023, and consult with the State Department of Education on data collection, analysis, and methodology for preschool programs. The alternative methodology shall build on the recommendations of the working group established pursuant to Section 10280.2 and shall be aligned with the recommendations of the Joint Labor Management Committee established pursuant to subdivision (a) of Section 10280.2. (d) No later than February 15, 2024, the department, in collaboration with the State Department of Education and the Joint Labor Management Committee established pursuant to subdivision (a) of Section 10280.2, using information from the cost estimation model, shall define elements of the base rate and any enhanced rates to inform the state’s proposed single rate structure and rates. These elements shall be subject to the mandated public engagement state plan process and legislative review. The department shall report to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office on progress made to conduct an alternative methodology and cost estimate model. (e) No later than May 15, 2024, the department shall report on the status of the draft Child Care and Development Fund state plan to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office on the state’s proposed single rate structure to be submitted to the United States Department of Health and Human Services, Administration for Children and Families. (f) No later than July 1, 2024, the department shall submit necessary information to support use of a single rate structure using the alternative methodology to the United States Department of Health and Human Services, Administration for Children and Families in the Child Care and Development Fund state plan or an amendment to the state plan. The department shall provide a copy of the Child Care and Development Fund state plan or amendment to the state plan submitted to the United States Department of Health and Human Services, Administration for Children and Families to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office no later than July 10, 2024. (g) (1) Within 60 days of federal approval of the single rate structure utilizing the alternative methodology in the state plan, the department, in collaboration with the State Department of Education, shall provide the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the Legislative Analyst’s Office with a report that outlines the implementation components for the approved single rate structure. For a period of 30 days, the Legislature shall have the opportunity to review and provide feedback regarding draft guidance for implementation of policies. The report shall include all of the following: (A) The department’s plan to set new reimbursement rates under the alternative methodology by no later than July 1, 2025. (B) The estimated costs and estimated timelines associated with the implementation components of the approved single rate structure, including, but not limited to, state operations resources, technology and infrastructure changes, and any regulatory or statutory changes necessary to implement the approved single rate structure. (2) The department shall, from October 1, 2024, to July 1, 2027, inclusive, provide the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the Legislative Analyst’s Office with quarterly updates on the implementation of the new reimbursement rates set under the alternative methodology. The quarterly updates shall include any changes to the information provided in the report described in paragraph (1). (h) Beginning October 1, 2025, and through July 1, 2027, inclusive, the department shall update the Legislature not more frequently than quarterly, to the extent information is available or reported to the department by contractors, regarding progress on implementation of prospective payment and paying based on enrollment, in keeping with the goals set for funds appropriated pursuant to Provision 19 of Item 5180-101-0001 of the Budget Act of 2025 and with subparagraph (i) of paragraph (2) of subdivision (m) of Section 98.45 of Subpart E of Part 98 of Subchapter A of Subtitle A of Title 45 of the Code of Federal Regulations. (i) The Governor and the Legislature shall, by no later than July 1, 2025, establish reimbursement rates based on the alternative methodology. Provider reimbursement rates shall not be reduced from the reimbursement rates that were in effect on June 30, 2024, pursuant to Sections 10280 and 10374.5 of this code and Section 8242 of the Education Code, inclusive of the cost of care plus rates established pursuant to subdivision (b) of Section 10277.1 and subdivision (b) of Section 10277.2. (j) (1) If the new reimbursement rates established pursuant to subdivision(i) do not take effect on July 1, 2025, the department shall provide the Legislature with a timeline for transitioning from the rates that are in effect on July 1, 2025, to the new rates established pursuant to subdivision (i). (2) Any temporary reimbursement rates established as part of the transition timeline required by paragraph (1) shall be, at minimum, equivalent to the reimbursement rates established pursuant to Sections 10280 and 10374.5 of this code and Section 8242 of the Education Code, inclusive of the cost of care plus rates established pursuant to subdivision (b) of Section 10277.1 and subdivision (b) of Section 10277.2. (k) The single rate structure shall apply to all programs funded by the State Department of Social Services under Chapter 3 (commencing with Section 10225), Chapter 6 (commencing with Section 10235), Chapter 7 (commencing with Section 10240), Chapter 8 (commencing with Section 10250), Chapter 9 (commencing with Section 10260), Chapter 21 (commencing with Section 10370), and Chapter 2 (commencing with Section 11461.6) of Part 2, and the State Department of Education under Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code. (l) (1) Except as required by subdivision (n), it is the intent of the Legislature, beginning July 1, 2025, to cease using a regional market rate survey pursuant to Section 10436, and instead use an alternative methodology, as defined in subdivision (ak) of Section 10213.5, for the purpose of informing the setting of future childcare rates. (2) It is the intent of the Legislature that: (A) Reimbursement rates are set pursuant to statute and informed by the alternative methodology, as defined in subdivision (ak) of Section 10213.5. (B) Under the single rate structure, all programs described in subdivision (k) shall be reimbursed under a unified structure that takes into account a common set of rate elements. (C) Rate levels shall be informed by the costs associated with meeting health and safety requirements and program requirements. (D) Base rates shall be administered as a per-child amount, and programs shall be able to claim reimbursement for services they deliver consistent with enhanced rates, if any. (E) Rates shall vary based on all of the following: (i) Geography. (ii) Type of care setting. (iii) Regulatory requirements applicable to each type of care setting. (iv) Time categories. (v) Child age. (m) Commencing July 1, 2026, rates for all programs described in subdivision (k) shall receive the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15 of the Education Code as a minimum annual rate increase for all subsidized childcare providers. (n) If the United States Department of Health and Human Services, Administration for Children and Families does not approve the alternative methodology developed pursuant to this section, the department shall develop and conduct a survey of the market rates for childcare services. (o) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2025, Ch. 13, Sec. 5. (SB 120) Effective June 27, 2025.)
  121. 10228.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets reimbursement and reporting rules for alternative payment programs and licensed childcare providers when market rate surveys are used.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10228. If the market rate survey is used to set reimbursement rates, the following shall apply: (a) Payments made by alternative payment programs shall not exceed the applicable market rate ceiling. Alternative payment programs may expend more than the standard reimbursement rate for a particular child. However, the aggregate payments for services purchased by the agency during the contract year shall not exceed the assigned reimbursable amount as established by the contract for the year. No agency may make payments in excess of the rate charged to full-cost families. This section does not preclude alternative payment programs from using the average daily enrollment adjustment factor for children with exceptional needs as provided in Section 10281.5. (b) Alternative payment programs shall reimburse licensed childcare providers in accordance with a biennial market rate survey pursuant to Section 10436, at a rate not to exceed the ceilings established pursuant to Section 10374.5. (c) An alternative payment program shall reimburse a licensed provider for childcare of a subsidized child based on the rate charged by the provider to nonsubsidized families, if any, for the same services, or the rates established by the provider for prospective nonsubsidized families. A licensed childcare provider shall submit to the alternative payment program a copy of the provider’s rate sheet listing the rates charged, and the provider’s discount or scholarship policies, if any, along with a statement signed by the provider confirming that the rates charged for a subsidized child are equal to or less than the rates charged for a nonsubsidized child. A license-exempt childcare provider is not required to submit rate sheets. (d) An alternative payment program shall maintain a copy of the rate sheet and the confirmation statement. (e) A licensed childcare provider shall submit to the local resource and referral agency a copy of the provider’s rate sheet listing rates charged, and the provider’s discount or scholarship policies, if any, and shall self-certify that the information is correct. (f) Each licensed childcare provider may alter rate levels for subsidized children, as needed, and shall provide the alternative payment program and resource and referral agency with the updated information pursuant to subdivisions (c) and (e), to reflect any changes. Updated rates shall be effective within 60 days of submission of the updated information pursuant to subdivisions (c) and (e). (g) A licensed childcare provider shall post in a prominent location adjacent to the provider’s license at the childcare facility the provider’s rates and discounts or scholarship policies, if any. (h) An alternative payment program shall verify provider rates no less frequently than once a year by randomly selecting 10 percent of licensed childcare providers serving subsidized families. The purpose of this verification process is to confirm that rates reported to the alternative payment programs reasonably correspond to those reported to the resource and referral agency and the rates actually charged to nonsubsidized families for equivalent levels of services. It is the intent of the Legislature that the privacy of nonsubsidized families shall be protected in implementing this subdivision. (i) The department shall develop regulations for addressing discrepancies in the provider rate levels identified through the rate verification process in subdivision (h). (j) If a childcare provider’s reimbursement rate category could be construed as either full-time weekly or full-time monthly pursuant to Section 18075 of Title 5 of the California Code of Regulations, the alternative payment program, county, or contractor shall reimburse the provider in accordance with either of the following: (1) The applicable rate category that most closely corresponds to the rate category listed on the licensed childcare provider’s rate sheet. (2) If the alternative payment program, county, or contractor cannot determine a single applicable rate category from the licensed childcare provider’s rate sheet, or if the license-exempt childcare provider does not have a rate sheet on file, the applicable rate category that results in the higher reimbursement. (Amended by Stats. 2023, Ch. 41, Sec. 12. (AB 116) Effective July 10, 2023.)
  122. 10228.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must reallocate money to reimburse eligible alternative payment programs, and programs may request reimbursement up to 3% of the contract amount (or more if the department allows and funds are available).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10228.1. Out of funds appropriated in accordance with paragraph (2) of subdivision (b) of Section 10214 for alternative payment programs, the department shall reallocate funds as necessary to reimburse alternative payment programs, excluding programs operating pursuant to Chapter 21 (commencing with Section 10370), for actual and allowable costs incurred for additional services. An alternative payment program may apply for reimbursement of up to 3 percent of the contract amount, or for a greater amount subject to the discretion of the department based on the availability of funds. The department shall approve or deny applications submitted pursuant to this section, but shall not consider applications received after September 30 of the current calendar year. The department shall distribute reimbursement funds for each approved application within 90 days of receipt of the application if it was filed between May 1 and July 20, inclusive, of the current calendar year. Applications received after July 20 are not subject to the 90-day requirement for the distribution of funds. If requests for reimbursement pursuant to this section exceed available funds, the department shall assign priority for reimbursement according to the order in which it receives applications. Funds received by an alternative payment program pursuant to this section that are not substantiated by the program’s annual audit shall be returned to the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  123. 10229.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Reimbursement for alternative payment programs must include child care provider payments plus administrative and support services costs, and those administration/support costs may not exceed 17.5% of the total contract amount.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10229. The reimbursement for alternative payment programs shall include the cost of child care paid to child care providers plus the administrative and support services costs of the alternative payment program. The total cost for administration and support services shall not exceed an amount equal to 17.5 percent of the total contract amount. The administrative costs shall not exceed the costs allowable for administration under federal requirements, and shall include, but not be limited to, costs associated with the dissemination of information on developmental screenings, including information on existing resources and a description of how a family or eligible child care provider may utilize those resources to obtain developmental screenings, as described in Section 9858c of the Title 42 of the United States Code. (Amended by Stats. 2024, Ch. 1016, Sec. 1. (SB 1112) Effective January 1, 2025.)
  124. 10229.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    If the market rate survey is used to set reimbursement rates, Migrant Alternative Payment Program payments must stay within the applicable market rate ceiling, and the reimbursement must include childcare, administrative, and support costs subject to caps.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10229.4. If the market rate survey is used to set reimbursement rates, the following shall apply: (a) Payments made by the Migrant Alternative Payment Program shall not exceed the applicable market rate ceiling. (b) The reimbursement for the Migrant Alternative Payment Program shall include the cost of childcare paid to childcare providers plus the administrative and support services costs of the Migrant Alternative Payment Program. The total cost for administration and support services shall not exceed an amount equal to 21 percent of the total contract amount. The administrative costs shall not exceed the costs allowable for administration under federal requirements. (Amended by Stats. 2023, Ch. 41, Sec. 13. (AB 116) Effective July 10, 2023.)
  125. 10229.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Audits for these agencies must include certain fee, enrollment, service, and support-service evidence.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10229.5. The audits for such agencies shall include, but not be limited to, a sampling of the evidence of fees charged to, and paid by, families of nonsubsidized children, the daily enrollment of subsidized children, the number of days of service provided to subsidized children, the assessment and collection of parent fees, and the availability of support services to subsidized children and their families as needed pursuant to the terms of the contract. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  126. 10230.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Agencies that run both a direct service program and an alternative payment program must give at least four referrals when making referrals, including one to a provider they do not control, and tell families they may choose a license-exempt provider.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10230. When making referrals, every agency operating both a direct service program and an alternative payment program shall provide at least four referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control, as well as information to a family on the family’s ability to choose a license exempt provider. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  127. 10230.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Programs making child care referrals must tell requesters about their right to inspect licensing information and public files, and they must quickly update referral lists and notify parents when a facility is revoked, suspended, or placed on probation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10230.5. (a) When making referrals, every program operating pursuant to this chapter shall provide information to any person who requests a child care referral of their right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the department’s Community Care Licensing Division. (b) A written or oral advisement in substantially the following form will comply with the requirements of subdivision (a): “State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services’ Community Care Licensing Division. You have the right to access any public information in these files.” (c) Every program operating pursuant to this chapter shall, within two days of receiving notice, remove from the program’s referral list the name of any licensed child day care facility with a revocation or a temporary suspension order or that is on probation. (d) A program operating pursuant to this chapter shall, within two business days of being notified of a revocation or a temporary suspension order for a licensed child day care facility, do both of the following: (1) Terminate payment to the facility. (2) Notify each parent and the facility in writing that payment has been terminated and the reason for the termination. (e) A program operating pursuant to this chapter shall, upon being notified that a licensed child day care facility has been placed on probation, provide written notice to each parent utilizing the facility that the facility has been placed on probation and that the parent has the option of selecting a different child day care provider or remaining with the facility without risk of subsidy payments to the provider being terminated. The Legislature urges each agency operating pursuant to this section to provide the written notice required by this subdivision in the primary language of the parent, to the extent feasible. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  128. 10231.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    County child care agencies must create and run a centralized eligibility list system, and certain contractors must use and report to it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10231. (a) To the extent that funding is made available for this purpose through the annual Budget Act, the alternative payment agency in each county shall design, maintain, and administer a system to consolidate local child care waiting lists so as to establish a countywide centralized eligibility list. In those counties with more than one alternative payment agency, the agency that also administers the resource and referral program shall have the responsibility of developing, maintaining, and administering the countywide centralized eligibility list. In those counties with more than one alternative payment agency and more than one resource and referral program, the department shall establish a process to select the agency to develop, maintain, and administer the countywide centralized eligibility list. (b) Notwithstanding subdivision (a), in those counties in which a countywide centralized eligibility list exists the entity administering that list may receive funding, instead of the entity specified under subdivision (a). (c) Each centralized eligibility list shall include all of the following: (1) Family characteristics, including ZIP Code of residence, ZIP Code of employment, monthly income, and size. (2) Child characteristics, including birth date and whether the child has special needs. (3) Service characteristics, including reason for need, whether full-time or part-time service is requested, and whether after hours or weekend care is requested. (d) Information collected for the centralized eligibility list shall be reported to the department on an annual basis on the date and in the manner determined by the department. (e) (1) To be eligible to enter into an agreement with the department to provide subsidized child care, a contractor shall participate in and use the centralized eligibility list. (2) A contractor with a campus child care and development program operating pursuant to Section 66060 of the Education Code, migrant child care and development program operating on a seasonal basis pursuant to Section 10235, or program serving children with severe disabilities pursuant to subdivision (d) of Section 10260 and who has a local site waiting list shall submit eligibility list information to the centralized eligibility list administrator for any parent seeking subsidized child care for whom these programs are not able to provide child care and development services. A child care and development contractor or program described in this paragraph may utilize any waiting lists developed at its local site to fill vacancies for its specific population. Families enrolled from a local site waiting list shall be enrolled pursuant to Section 10271. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  129. 10231.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Alternative payment programs must set up electronic banking for certain child care payments and include a payment description; child care providers may opt in to electronic banking or direct deposit.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10231.5. (a) (1) On or before July 1, 2019, an alternative payment program shall establish a program of electronic banking for payments made to licensed or license-exempt child care providers that have a contract with that alternative payment program, including, but not limited to, direct deposit. A child care provider may choose to receive payments via electronic banking at the child care provider’s option. The child care provider may, but is not required to, authorize payment to be directly deposited by an electronic fund transfer into the child care provider’s account at the financial institution of their choice. (2) Nothing in this subdivision shall preclude an alternative payment program that has an electronic banking program in place before the effective date of this subdivision from continuing to require a child care provider, including child care centers and family child care homes, to accept direct deposit or another form of electronic payment after the effective date of this subdivision. (b) An alternative payment program shall include a description of the payment to the child care provider, by child served and month of service covered by the payment. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  130. 10232.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Alternative payment programs and providers may keep records electronically, but any paper-to-electronic conversion and electronic storage must meet specified standards; contractors must keep the records for at least five years, or longer if an audit is pending.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10232. (a) Alternative payment programs and providers operating or providing services pursuant to this chapter may maintain records electronically, in compliance with state and federal standards, as determined by the department. Any conversion from a paper record to an electronic format, as well as the storage of the electronic record, shall comply with the minimum standards described in Section 12168.7 of the Government Code and the standards for trustworthy electronic document or record preservation described in Chapter 15 (commencing with Section 22620.1) of Division 7 of Title 2 of the California Code of Regulations. (b) The records shall be retained by each contractor for at least five years, or, where an audit has been requested by a state agency, until the date the audit is resolved, whichever is longer. (c) This section does not require an alternative payment program or provider to create records electronically. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  131. 10232.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Alternative payment programs and providers may use digital signatures if they comply with state and federal standards set by the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10232.5. Alternative payment programs and providers operating or providing services pursuant to this chapter may use a digital signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of a digital signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  132. 10233.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Alternative payment programs and providers may use digital forms for families to apply for services, if the forms meet state and federal standards.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10233. Alternative payment programs and providers operating or providing services pursuant to this chapter may use digital forms to allow families to apply for services, if those forms comply with state and federal standards. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  133. 10234.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. )

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    An alternative payment agency must give the department monthly data about child care caseload and related program figures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 3. Alternative Payment Programs [10225 - 10234] ( Chapter 3 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10234. An alternative payment agency, including, but not limited to, an alternative payment agency for migrant child care and development programs established pursuant to Chapter 6 (commencing with Section 10235), shall provide to the department, on a monthly basis, data about child care caseload in the alternative payment program established pursuant to this chapter and migrant child care and development programs established pursuant to Chapter 6 (commencing with Section 10235). This data shall include county-by-county caseload, expenditures, unit costs, family fees, and other key variables requested by the department to determine any additional state allocations to these programs and for purposes of emergency response. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  134. 10235.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must administer all migrant child care and development programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10235. The department shall administer all migrant child care and development programs. In addition, the department shall support and encourage the state-level coordination of all agencies that offer services to migrant children and their families and state-level coordination of existing health funds for migrants. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  135. 10236.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section defines “migrant agricultural worker family” and sets enrollment priorities for children of those families in childcare and development programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10236. (a) For the purpose of this chapter, a “migrant agricultural worker family” means a family with at least one individual who has earned at least 40 percent of their total gross income from employment in fishing, agriculture, or agriculturally related work during the 12-month period immediately preceding the date of application for childcare and development services. (b) Children of migrant agricultural worker families shall be enrolled in childcare and development programs on the basis of the following priorities: (1) The family moves from place to place. (2) The family has qualified under paragraph (1) within the past five years and is currently dependent for its income on agricultural employment, but is currently settled near agricultural areas. (3) The family resides in a rural agricultural area and is dependent upon seasonal agricultural work. (4) Eligibility and priority for services for the federally funded Migrant Child Development Program shall be in accordance with the applicable federal regulations. (Amended by Stats. 2025, Ch. 459, Sec. 1. (SB 778) Effective January 1, 2026.)
  136. 10236.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    For migrant child care enrollment, the department must make income self-certification consistent with other child care and development programs under this part.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10236.5. For the purpose of enrollment in migrant child care and development programs, the department shall ensure that the self certification of income shall be consistent with other child care and development programs under this part. (Added by Stats. 2025, Ch. 459, Sec. 2. (SB 778) Effective January 1, 2026.)
  137. 10237.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must develop migrant child care and development programs with specified quality indicators and related service requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10237. The department shall develop appropriate migrant child care and development programs, quality indicators, including those prescribed in subdivisions (a) to (h), inclusive, and (k) to (m), inclusive, of Section 10208, and the following: (a) Social services. (1) Bilingual liaison between migrant parents and the center or family child care home, or both. (2) Liaison between the agency and the relevant community agencies and organizations, including health and social services. (3) Identification and documentation of family needs and followup referrals as appropriate. (b) Staffing. (1) Bilingual health personnel shall be available to each program site of a migrant child care and development agency. (2) Professional and nonprofessional staff shall reflect the linguistic and cultural background of the children being served. (3) Whenever possible, migrants will be recruited, trained, and hired in child care and development programs. Documentation of training and career ladder opportunities and of recruitment and hiring efforts shall be provided to the department. Staff training shall include principles and practices of child care and development for the age groups of children being served. (c) Health services in migrant child care and development programs shall include health and dental screening and followup treatment. Health records for all migrant children shall follow the child. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  138. 10238.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must reimburse seasonal migrant child care and development agencies for approved startup and closedown costs, but the total reimbursement cannot exceed 15% of each agency’s contract amount.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 6. Migrant Child Care and Development Programs [10235 - 10238] ( Chapter 6 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10238. (a) Cost for migrant programs may exceed the standard reimbursement rate established by the department. In no case shall the reimbursement exceed the cost of the program. State-funded programs may be eligible for Chapter I federal funds to supplement state funding. These funds shall not be contingent upon the provision of additional child days or enrollment. (b) The department shall annually reimburse seasonal migrant child care and development agencies for approvable startup and closedown costs. Reimbursement for both startup and closedown costs shall not exceed 15 percent of each agency’s total contract amount. (c) Seasonal migrant child care and development agencies shall submit reimbursement claims for startup costs with their first monthly reports, and reimbursement claims for closedown costs with their final reports. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  139. 10240.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must administer general child care and development programs using funds appropriated for that purpose.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10240. The department, with funds appropriated for this purpose, shall administer general child care and development programs. General child care and development programs shall include: (a) Age and developmentally appropriate activities for children. (b) Supervision. (c) Parenting education and parent involvement. (d) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies. (e) Health services. (f) Nutrition. (g) Training and career ladder opportunities, documentation of which shall be provided to the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  140. 10241.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Child care programs under this part may be designed to address child-related needs identified by parents or guardians.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10241. Programs operated pursuant to this part may be designed to meet child-related needs identified by parents or guardians which may include, but are not limited to, the following: (a) Care for schoolage children during nonschool hours. (b) Weekend care. (c) Night shift care. (d) Worksite care. (e) Temporary emergency child care. (f) Child care for ill children. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  141. 10242.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Certain multi-site child care and development programs must employ a program director.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10242. (a) (1) Any entity operating child care and development programs funded pursuant to this chapter that provide direct services to children at two or more sites, including through more than one contract or subcontract funded pursuant to this chapter, shall employ a program director. (2) Programs providing direct services to children, for the purposes of this section, are general child care and development programs pursuant to Chapter 7 (commencing with Section 10240), migrant child care and development programs pursuant to Chapter 6 (commencing with Section 10235), child care and development services for children with special needs programs pursuant to Chapter 9 (commencing with Section 10260), and any of these programs operated through family child care homes. (b) (1) For purposes of this section, the following definitions shall apply: (A) “Administrative responsibility” means awareness of the financial and business circumstances of the program, and, in appropriate cases, supervision of administrative and support personnel and the knowledge and authority to direct or modify administrative practices and procedures to ensure compliance to administrative and financial standards imposed by law. (B) “Program director” means a person who, regardless of their title, has programmatic and administrative responsibility for a child care and development program that provides direct services to children at two or more sites. (C) “Programmatic responsibility” means overall supervision of curriculum and instructional staff, including instructional aides, and the knowledge and authority to direct or modify program practices and procedures to ensure compliance to applicable quality and health and safety standards imposed by law. (2) Administrative and programmatic responsibility also includes the responsibility to act as the representative for the child development program to the department. With respect to programs operated through family child care homes, administrative and programmatic responsibility includes ensuring that quality services are provided in the family child care homes. (c) The program director also may serve as the site supervisor at one of the sites, provided that the program director both fulfills the duties of a “child care center director,” as set forth in Section 101215.1 of Title 22 of the California Code of Regulations, and meets the qualifications for a site supervisor as set forth in subdivision (aa) of Section 10213.5. (d) The department may waive the qualifications for program director described in Sections 10380.5 and 10381.5 upon a finding of one of the following circumstances: (1) The applicant is making satisfactory progress toward securing a permit issued by the Commission on Teacher Credentialing authorizing supervision of a child care and development program operating in two or more sites or fulfilling the qualifications for program directors in severely disabled programs, as specified in Section 10381.5. (2) The place of employment is so remote from institutions offering the necessary coursework as to make continuing education impracticable and the contractor has made a diligent search but has been unable to hire a more qualified applicant. (e) The department, upon good cause, may by rule identify and apply grounds in addition to those specified in subdivision (d) for granting a waiver of the qualifications for program director. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  142. 10243.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must annually monitor funding for general child care and development programs for infants and toddlers and report a statewide summary to the Department of Finance and the Legislature.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10243. The department shall annually monitor funding used in general childcare and development programs for infants and toddlers and shall annually report to the Department of Finance and to the Legislature a statewide summary identifying the estimated funding used for infants and toddlers. The annual report shall include a comparison to the prior year on a county-by-county basis. (Amended by Stats. 2025, Ch. 13, Sec. 6. (SB 120) Effective June 27, 2025.)
  143. 10244.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must create and run a streamlined application process for current childcare and development program contractors, and may use scoring criteria to award contracts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10244. (a) The department shall develop and implement a streamlined request for application process for current childcare and development program contractors to award new childcare and development program contracts. (b) A current childcare and development contractor is ineligible for the streamlined request for application process when one or more of the following conditions apply during a request for application cycle: (1) The contractor is on conditional status because of fiscal or programmatic noncompliance, as described in Section 18303 or 18304 of Title 5 of the California Code of Regulations. (2) The contractor is on provisional status and is applying for additional funding. For purposes of this paragraph, a contractor is considered to be on provisional status if they were awarded a childcare and development contract in the prior year’s childcare and development expansion application cycle, regardless of whether a contract has been executed. A contractor remains on provisional status until they receive a clear contract from the department. (3) The department has conducted a compliance review pursuant to Section 18023 of Title 5 of the California Code of Regulations, and the contractor has failed to clear items of fiscal and programmatic noncompliance identified in the review within 12 months of the issuance of the compliance review report, as described in Section 18001 of Title 5 of the California Code of Regulations. (4) The contractor has in place, or places, a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds, or a state or federal crime involving moral turpitude, as described in Section 10399. (5) The contractor was previously awarded expansion funding and has not yet begun to provide services with that funding. (6) The department has evidence that the contractor has not been able to successfully fulfill current contract requirements by serving children in a quality program and in a fiscally responsible manner (7) The contractor has a delinquent audit with the department, as described in Section 18073 of Title 5 of the California Code of Regulations. (c) The department shall collaborate with the State Department of Education to ensure, when applicable, and not in conflict with statutory or regulatory provisions, that the streamlined request for application process for childcare and development programs is similar to the streamlined request for application process in the California state preschool programs. (d) The department has authority to consider scoring criteria as necessary to award contracts. (Added by Stats. 2024, Ch. 73, Sec. 21. (SB 163) Effective July 2, 2024.)
  144. 10245.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department may set aside up to 15% of certain child care funding for readiness-related projects, must set the award process, and may rescind funds if they are not used properly or on time.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 7. General Child Care and Development Programs [10240 - 10245] ( Chapter 7 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10245. (a) Beginning on or before July 1, 2027, the department may set aside up to 15 percent of funding associated with slot expansion awards for general childcare and development programs pursuant to this chapter to fund minor repairs, infrastructure upgrades, and other readiness activities for childcare and development programs. (b) The department shall establish the process, including eligibility criteria, by which the funds described in subdivision (a) shall be awarded to contractors. The guidelines and procedures shall include, but are not limited to, criteria for funding eligibility, criteria for approved projects or activities, and appropriate timeframes for funding utilization. (c) Funds awarded pursuant to this section shall be utilized for approved projects or activities within the timeframe established by the department pursuant to subdivision (b). (d) The department may rescind funding awarded pursuant to this section for reasons that include, but are not limited to, the following: (1) Awarded funds have not been, or are not expected to be, utilized within the timeframe established by the department. (2) Awarded funds have been, or are expected to be, utilized for projects or activities that have not been approved by the department. (3) Awarded funds have been, or are expected to be, utilized in a manner inconsistent with the guidelines and procedures established by the department. (e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may administer and implement this section, in whole or in part, by means of childcare bulletins or similar instructions from the department until regulations are adopted. (f) This section shall only be implemented to the extent not prohibited by federal law, regulation, and directives. (Added by Stats. 2026, Ch. 25, Sec. 28. (AB 150) Effective June 29, 2026.)
  145. 10250.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 8. Family Child Care Home Education Networks [10250 - 10252] ( Chapter 8 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must use appropriated funds to contract with entities to operate family child care home education networks.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 8. Family Child Care Home Education Networks [10250 - 10252] ( Chapter 8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10250. (a) The department, with funds appropriated for this purpose, shall contract with entities organized under law 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 child care. (b) Family child care home education network programs shall include, but are not limited to, all of the following: (1) Age and developmentally appropriate activities for children. (2) Care and supervision of children. (3) Parenting education. (4) Identification of child and family social or health needs and referral of the child or the family to the appropriate social or health services. (5) Nutrition. (6) Training and support for the family child care home education network’s family child care providers and staff. (7) Assessment of each family child care provider to ensure that services are of high quality and are educationally and developmentally appropriate. (8) Developmental profiles for children enrolled in the program. (9) Parent involvement. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  146. 10251.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 8. Family Child Care Home Education Networks [10250 - 10252] ( Chapter 8 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Family child care home education network contractors must perform a list of operational and reporting tasks, including recruiting families, supporting providers, assessing quality, and meeting health and nutrition requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 8. Family Child Care Home Education Networks [10250 - 10252] ( Chapter 8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10251. Each family child care home education network contractor, in addition to the requirements set forth in subdivision (b) of Section 10250, shall do all of the following: (a) Recruit, enroll, and certify eligible families. (b) Recruit, train, support, and reimburse licensed family child care providers. (c) Collect family fees in accordance with contract requirements. (d) Assess, according to standards set by the department, the educational quality of the program offered in each family child care home in the network. (e) Assure that a developmental profile is completed for each child based upon observations of network staff, in consultation with the provider. (f) Monitor requirements, including quality standards, and conduct periodic assessments of program quality in each family child care home affiliated with the network. (g) Ensure that basic health and nutrition requirements are met. (h) Provide data and reporting in accordance with contract requirements. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  147. 10252.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 8. Family Child Care Home Education Networks [10250 - 10252] ( Chapter 8 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section says the chapter does not add new requirements for family child care home education networks, does not require higher reimbursement rates, and does not require the department to change an existing contracting procedure.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 8. Family Child Care Home Education Networks [10250 - 10252] ( Chapter 8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10252. This chapter does not impose any new requirement on a family child care home education network, nor does this chapter require any increase in reimbursement rates. This chapter does not require the department to modify its contracting procedure that was in effect for a family child care home education network prior to January 1, 2005. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  148. 10260.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 9. Child Care and Development Services for Children with Special Needs [10260 - 10263] ( Chapter 9 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must give eligible children with exceptional needs equal access to child care and development programs and support special placements and program guidelines.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 9. Child Care and Development Services for Children with Special Needs [10260 - 10263] ( Chapter 9 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10260. (a) The department shall ensure that eligible children with exceptional needs are given equal access to all child care and development programs. Available federal and state funds for children with exceptional needs above the standard reimbursement amount shall be used to assist agencies in developing and supporting appropriate programs for these children. (b) To provide children with exceptional needs with additional access to child care and development programs, the department shall establish alternate appropriate placements, such as self-contained programs and innovative programs using the least restrictive environment. These programs shall be started as expansion funds become available and shall be expanded throughout the implementation of the plan. The department shall utilize existing program models and input from program specialists to develop new program criteria and guidelines for programs serving children with exceptional needs. These programs may serve children with exceptional needs up to 21 years of age. (c) Any child with exceptional needs served in child care and development programs shall be afforded all rights and protections guaranteed in state and federal laws and regulations for individuals with exceptional needs. (d) Notwithstanding any other provision of this chapter, the department may develop unique reimbursement rates for, and make reimbursements to, child care and development programs that received state funding for the 1980–81 fiscal year and serve severely disabled children, as defined in subdivision (y) of Section 10213.5, when all of the following conditions exist: (1) Eligibility for enrollment of a severely disabled child in the program is the sole basis of the child’s need for service. (2) Services are provided to severely disabled children from birth to 21 years of age. (3) No fees are charged to the parents of the severely disabled children receiving the services. (e) The department shall include child care and development providers in all personnel development for persons providing services for children with exceptional needs. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  149. 10261.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 9. Child Care and Development Services for Children with Special Needs [10260 - 10263] ( Chapter 9 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Child care contractors covered by this section must comply with the Americans with Disabilities Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 9. Child Care and Development Services for Children with Special Needs [10260 - 10263] ( Chapter 9 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10261. A contractor providing services pursuant to a general child care contract, a campus child care contract, a migrant child care contract, or an alternative payment child care contract is subject to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.). (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  150. 10262.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 9. Child Care and Development Services for Children with Special Needs [10260 - 10263] ( Chapter 9 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Child care and development programs must have plans or programs for sick children, keep them age-appropriate, and include parents in planning and evaluation. The department must share information on effective sick child care models. This chapter does not authorize practicing medicine without a license.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 9. Child Care and Development Services for Children with Special Needs [10260 - 10263] ( Chapter 9 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10262. (a) All child care and development programs shall include plans or programs, or both, for the care of the children when they are sick. These plans shall be age appropriate and parents shall be included in the planning and evaluation. The department shall disseminate information regarding effective sick child care models to all child care and development programs. (b) Nothing in this chapter shall be construed to allow the practice of medicine without a license. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  151. 10263.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 9. Child Care and Development Services for Children with Special Needs [10260 - 10263] ( Chapter 9 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department, county welfare department, and local contracting agency must set up and follow procedures for serving and referring children needing care, and the local contracting agency must review funded child care need at least every three months.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 9. Child Care and Development Services for Children with Special Needs [10260 - 10263] ( Chapter 9 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10263. (a) The department and the local county welfare department shall enter into contracts which establish the procedures for serving and referring a child in need of care as part of the provision of protective services pursuant to Chapter 5 (commencing with Section 16500) of Part 4. The department may contract with another appropriate community agency which provides services or referrals, or both, for the prevention or intervention of child abuse or neglect if no such contract for child care services exists between the department and the county welfare department. (b) The contracts shall specify the resource and referral program or operating agency or agencies providing child care and development pursuant to this chapter in the county that the local contracting agency shall contact to secure care for a child needing protective services. If an operating agency is unable to enroll the child, the local contracting agency described in subdivision (a) with the assistance of the providers of local resources and referral services shall locate services for the family. Payments for such located services in the absence of other funds shall be made by the local contracting agency. (c) The need for child care funded pursuant to this section shall be reviewed by the local contracting agency no less than every three months. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  152. 10265.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section states legislative findings and intent about improving child care and development program administration.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10265. (a) The Legislature finds and declares that the effectiveness of child care and development programs can be increased through improved state administration, technical assistance to provider agencies, and monitoring. (b) It is the intent of the Legislature: (1) That the department develop clear, consistent, and appropriate regulations for child care and development programs to replace policy guidelines which are not subject to the public hearing process, often inconsistent, and without the force of law. (2) That the department make better use of staff with direct field experience in child development programs. (3) That better criteria be developed for the awarding, evaluating, and renewal of child care and development contracts. (4) That improvements be made in the method of reimbursing child care and development program providers. (5) That increased effort be made to provide program operators with technical assistance in meeting their contractual obligations. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  153. 10265.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must establish a toll-free number for certain funded programs needing technical assistance, gather and clear information on parenting materials, and create procedures for annual evaluation of field services and program support.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10265.5. The department shall do all of the following: (a) Establish a toll-free number for programs which receive funds from the state department pursuant to this chapter and which are in need of technical assistance to the extent that funds are made available for the purposes of this subdivision by Senate Bill 1674 of the 1984 portion of the 1983–84 Regular Session. This subdivision shall become inoperative on and after January 1, 1986. (b) Gather information and act as a central clearinghouse on parenting materials. (c) Develop procedures for annually evaluating the field services and the program support which is to be provided to the contracting agencies. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  154. 10266.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must sanction certain contracting agencies, give 90 days’ written notice before terminating a contractor’s agreement except for specified immediate terminations, and set up receivership procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10266. The department shall do all of the following in administering the provisions of this chapter: (a) Apply sanctions against contracting agencies that have serious licensing violations, as defined and reported by the department pursuant to Section 1597.11 of the Health and Safety Code. (b) Except in the case of immediate terminations taken pursuant to Sections 10398 and 10399, provide 90 days’ written notification to any contractor whose agreement is being terminated. Notwithstanding Chapter 23 (commencing with Section 10390), the department shall establish procedures for placing a contractor whose agreement is being terminated into receivership. Action to initiate receivership shall be at the discretion of the department, and may be taken against a contractor whose agreement is being terminated either immediately or within 90 days. The receiver shall not be a department employee. The receiver shall have sufficient experience in the administration of child care and development programs to ensure compliance with the terms of the receivership. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  155. 10266.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain department employees and former employees are barred from serving on agency boards or entering specified contracts after leaving state service, with limited grandfathering exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10266.5. (a) No person employed by the department in a policymaking position in the area of child care and development programs shall serve as a member of the board of directors, advisory council, or advisory committee for any agency receiving funds pursuant to this chapter. The provisions of this subdivision shall not apply to any person appointed prior to January 1, 1985. (b) No retired, dismissed, separated, or formerly employed person of the state department employed under the State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 10268.5 in which the person engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the department. The prohibition contained in this subdivision shall apply to the person only during the two-year period beginning on the date the person left state employment. (c) For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 10268.5 if they were employed by the department in a policymaking position in the area of child care and development programs within the 12-month period prior to their retirement, dismissal, or separation. (d) For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the department may be employed by a contractor pursuant to Section 10268.5 if they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the department. (e) The provisions of subdivisions (b), (c), and (d) shall not apply to any persons who were already in the situations described by these subdivisions prior to January 1, 1985. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  156. 10267.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must develop and coordinate resources, give technical assistance, monitor program implementation, maximize federal reimbursement when possible, and help arrange alternative funding when federal funds are unavailable.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10267. The department shall develop and coordinate resources, provide technical assistance, monitor program implementation, generate maximum federal reimbursement wherever possible for the federally eligible children, and facilitate alternative funding for those children for whom federal funds are not available. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  157. 10267.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must adopt rules for child development services contracts and may waive or adjust certain application, appeal, and reporting-related regulations when expanding childcare services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10267.5. (a) The department shall adopt rules and regulations pursuant to this chapter. The rules and regulations shall include, but not be limited to, provisions that do all of the following: (1) Provide clear guidelines for the selection of agencies when child development contracts are let, including, but not limited to, specification that any agency headquartered in the proposed service area on January 1, 1985, will be given priority for a new contract in that area, unless the department makes a written determination that (A) the agency is not able to deliver the level of services specified in the request for proposal, or (B) the department has notified the agency that it is not in compliance with the terms of its contract. (2) Provide for a contract monitoring system to ensure that agencies expend funds received pursuant to this chapter in accordance with the provisions of their contracts. (3) Specify adequate standards of agency performance. (4) Establish reporting requirements for service reports, including provisions for varying the frequency with which these reports are to be submitted on the basis of agency performance. (5) Specify standards for withholding payments to agencies that fail to submit required fiscal reports. (6) Set forth standards for department site visits to contracting agencies, including, but not limited to, specification as to the purpose of the visits, the personnel that will perform these visits, and the frequency of these visits which shall be as frequently as staff and budget resources permit. (7) Authorize the department to develop a process that may require every contracting agency to recompete for continued funding no less frequently than every five years. (b) For purposes of expediting the implementation of state or federal legislation to expand childcare services, the department may do any of the following: (1) Utilize an alternative application process in which the department will evaluate the ability and standing of existing contractors in determining allocation methodology and eligibility for funding. (2) Waive the regulations regarding the point qualifications for, and the process and scoring of, applications of contract applicants pursuant to Section 18002 of Title 5 of the California Code of Regulations. (3) Waive the time limitations for scheduling and notification of appeal hearings and their results pursuant to Section 18003 of Title 5 of the California Code of Regulations. The department shall ensure that the appeal hearings provided for in Section 18003 of Title 5 of the California Code of Regulations are conducted in a timely manner. (c) (1) Childcare and development programs operated under contract from funds made available pursuant to the federal Child Care and Development Fund shall be administered according to Chapter 19 (commencing with Section 17906) of Division 1 of Title 5 of the California Code of Regulations, unless provisions of these regulations conflict with federal regulations. If state and federal regulations conflict, the federal regulations shall apply unless a waiver of federal regulations is authorized. (2) For purposes of this section, “Child Care and Development Fund” has the same meaning as in Section 98.2 of Title 45 of the Code of Federal Regulations. (Amended by Stats. 2024, Ch. 73, Sec. 22. (SB 163) Effective July 2, 2024.)
  158. 10267.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The director may require certain contracting agencies to give the department workforce data, and those agencies must provide it as part of their annual plan or another reporting process the director chooses.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10267.6. (a) The director may require a contracting agency that employs a person who holds an assistant teacher permit pursuant to Section 8301.1 to provide the department with data that includes the number of employees in its program who hold an assistant teacher permit pursuant to Section 8301.1 or who qualified for waivers pursuant to subdivision (d) of Section 10242. The data may be collected by survey or by another collection method. The data shall be provided to the department as part the contracting agency’s annual plan for its program self-evaluation process as required by Section 17709 of Title 5 of the California Code of Regulations or a successor statute or regulation, or as part of an existing reporting process determined by the director. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director may develop informal directives and bulletins to implement this section. (Added by Stats. 2025, Ch. 165, Sec. 4. (AB 753) Effective October 1, 2025.)
  159. 10268.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may require contracting agencies, including local educational agencies, to collect and submit Social Security numbers of heads of households and other needed information for reporting and program administration.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10268. For purposes of meeting state and federal reporting requirements and for the effective administration of child care and development programs, the department is authorized to require the collection and submission of social security numbers of heads of households, and other information as required, from public and private agencies contracting with the department pursuant to this part, including local educational agencies. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  160. 10268.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may make local agreements for child care and development services, but it must get annual approval from the Department of General Services and the Department of Finance about the form and general content first.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10268.5. Notwithstanding Section 14616 of the Government Code, the department may enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services or the furnishing of property, facilities, personnel, supplies, equipment, and administrative services related to the delivery of child care development services. Prior to entering into or executing a local agreement, the department shall obtain annual approval from the Department of General Services and the Department of Finance as to the form and general content thereof. The agreements may only be made for the delivery of child care and development services, or the furnishing of property, facilities, personnel, supplies, equipment, or administrative services related thereto, which conform with the provisions of this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  161. 10269.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Contractors under this chapter may keep records electronically and use digital signatures, but they must keep records for at least five years (or longer if an audit is pending) and do not have to create records electronically.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10269. Contractors operating or providing services pursuant to this chapter may do both of the following: (a) (1) Maintain records electronically, in compliance with state and federal standards, as determined by the department. A conversion from a paper record to an electronic format, as well as the storage of the electronic record, shall comply with the minimum standards described in Section 12168.7 of the Government Code and the standards for trustworthy electronic document or record preservation described in Chapter 15 (commencing with Section 22620.1) of Division 7 of Title 2 of the California Code of Regulations. (2) The records shall be retained by each contractor for at least five years, or, where an audit has been requested by a state agency, until the date the audit is resolved, whichever is longer. (3) This subdivision does not require a contractor to create records electronically. (b) (1) Use a digital signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. (2) The use of a digital signature shall have the same force and effect as the use of a manual signature if the requirements for the digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  162. 10269.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain contractors may use digital forms to let families apply for services, if the forms meet state and federal standards.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10269.5. Contractors operating or providing services pursuant to this chapter may use digital forms to allow families to apply for services, if those forms comply with state and federal standards. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  163. 10270.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    After Fi$Cal is implemented in the department, the department must request the Controller to pay a contractor by direct deposit through Fi$Cal when the contractor asks for it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10270. On and after the date on which the department determines that the Financial Information System for California (Fi$Cal Project) has been implemented within the department, at the request of a contractor, for a contract executed by the department pursuant to Section 10268.5, the department shall request the Controller to make a payment via direct deposit by electronic funds transfer through the Fi$Cal Project into the contractor’s account at the financial institution of the contractor’s choice. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  164. 10270.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may grant a certificate of operation for certain child care and development facilities, and a facility that gets one must file a completed license application within 15 working days.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10270.5. (a) In contract transfer situations in programs funded pursuant to this chapter, the department may grant a certificate of operation to child care and development facilities pursuant to this section. (b) For purposes of maintaining continuity of services to children and receipt of state and federal child nutrition and child development funding, the department may grant a certificate of operation to any child care and development facility which meets all of the following conditions: (1) A representative of the department has visited the facility and verified, in writing, to the department’s licensing agency that the facility has no deficiencies at the time of granting the certificate of operation which would endanger the physical health, mental health, safety, or welfare of the children. (2) Without a certificate of operation in lieu of a license from the department, the facility would be ineligible to receive state and federal child nutrition or child development funds. (c) A facility issued a certificate of operation pursuant to this section shall be deemed to be operating under licensing standards for child care and development facilities specified by Chapters 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code and by Title 22 of the California Code of Regulations for the term specified on the certificate. (d) A facility granted a certificate of operation shall submit a completed license application to the department within 15 working days of the issuance of the certificate of operation. Failure to meet this requirement will result in the cancellation of the certificate of operation. The certificate of operation shall expire upon the issuance or denial of a license by the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  165. 10271.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section requires the department to set eligibility and enrollment rules for subsidized child care, and sets family eligibility, reporting, priority, health, and recertification rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10271. (a) (1) The department shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this part. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas: (A) A family is (i) a current aid recipient, (ii) income eligible, (iii) homeless, (iv) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited, or (v) one who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. If a family is deemed eligible pursuant to clause (v), the family shall be prioritized by the income declared on the application for the means-tested government program. (B) A family needs the childcare services (i) because the child is identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as (I) a recipient of protective services, (II) being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation, or (III) being homeless, (ii) because the parents are (I) engaged in vocational training leading directly to a recognized trade, paraprofession, or profession, (II) engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate, (III) employed or seeking employment, (IV) seeking permanent housing for family stability, or (V) incapacitated, or (iii) because the families are eligible for Stage Two and Stage Three and are participating in a CalWORKs program activity. (2) If only one parent has signed an application for enrollment in childcare services, as required by this part or regulations adopted to implement this part, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent. (b) Except as provided in Chapter 21 (commencing with Section 10370), priority for federal and state subsidized child development services is as follows: (1) First priority shall be given to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. If an agency is unable to enroll a child in the first priority category, the agency shall refer the family to local resource and referral services to locate services for the child. (2) Second priority shall be given equally to eligible families, regardless of the number of parents in the home, who are income eligible. Within this priority, families with the lowest gross monthly income in relation to family size, as determined by a schedule adopted by the department, shall be admitted first. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs shall be admitted first. If there is no family of the same priority with a child with exceptional needs, the family of the same priority in which the primary home language is a language other than English shall be admitted first. If there is no family of the same priority in which the primary home language is a language other than English, the family of the same priority that has been on the waiting list for the longest time shall be admitted first. For purposes of determining order of admission, grants of public assistance recipients shall be counted as income. (3) The department shall set criteria for, and may grant specific waivers of, the priorities established in this subdivision for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid. (c) Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded childcare and development program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive child development services in another state or federally funded childcare and development program if the contractor is able to transfer the family’s enrollment to another program for which the family is eligible before the date of termination of services or to exchange the family’s existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded childcare and development programs. (d) A physical examination and evaluation, including age-appropriate immunization, shall be required before, or within six weeks of, enrollment. A standard, rule, or regulation shall not require medical examination or immunization for admission to a childcare and development program of a child whose parent or guardian files a letter with the governing board of the childcare and development program stating that the medical examination or immunization is contrary to the parent’s or guardian’s religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the childcare and development program is satisfied that the child is not suffering from that contagious or infectious disease. (e) Regulations formulated and promulgated pursuant to this section shall include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The department shall seek the advice and assistance of these health authorities in situations where service under this part includes or requires care of children who are ill or children with exceptional needs. (f) The department shall establish guidelines for the collection of employer-sponsored childcare benefit payments from a parent whose child receives subsidized childcare and development services. These guidelines shall provide for the collection of the full amount of the benefit payment, but not to exceed the actual cost of childcare and development services provided, notwithstanding the applicable fee based on the fee schedule. (g) The department shall establish guidelines according to which the director or a duly authorized representative of the childcare and development program will certify children as eligible for state reimbursement pursuant to this section. (h) (1) Except as provided in paragraphs (3) to (5), inclusive, upon establishing initial eligibility or ongoing eligibility for services under this part, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months. (2) In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 10213.5. (3) A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 10271.5, and the family’s ongoing eligibility for services shall at that time be recertified. (4) A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification. (5) If a family already receiving services pursuant to this part adds an additional child to the family size and the family requests services for that child during the current eligibility period, the family’s eligibility period shall be extended, as necessary, to ensure that the additional child receives at least 12 months of eligibility for services before a redetermination of eligibility, as required pursuant to Section 98.21 of Title 45 of the Code of Federal Regulations. (i) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (h), a payment made by a child development program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period. (2) Notwithstanding paragraph (1), the department may seek to recover payments that are the result of fraud. (j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017. (2) The department shall initiate a rulemaking action to implement subdivision (h) on or before December 31, 2018. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing subdivision (h). (k) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State, the department shall implement the changes made to subdivision (h) by the act that added this subdivision through management bulletins or similar letters of instruction on or before December 1, 2023. (2) The department shall initiate a rulemaking action to implement the changes made to subdivision (h) by the act that added this subdivision on or before December 31, 2024. (l) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made to subparagraph (B) of paragraph (1) of subdivision (a) by the act that added this subdivision by all-county letters, bulletins, or similar written instructions until rules and regulations are adopted or revised. (2) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2030. (m) Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees. (Amended by Stats. 2026, Ch. 25, Sec. 29. (AB 150) Effective June 29, 2026.)
  166. 10271.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets how child care income eligibility is calculated, requires the Department of Finance to compute and update state median income figures, and excludes certain payments from income calculations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10271.5. (a) For purposes of establishing initial income eligibility for services under this chapter, “income eligible” means that a family’s adjusted monthly income is at or below 85 percent of the state median income, adjusted for family size, as specified in subdivision (c). (b) For purposes of establishing ongoing income eligibility under this chapter, “ongoing income eligible” means that a family’s adjusted monthly income is at or below 85 percent of the state median income, adjusted for family size, as specified in subdivision (c). (c) The Department of Finance shall calculate the state median income for family sizes of one to four, inclusive, by using the most recent census data available on state median family income in the past 12 months by family size. The Department of Finance shall calculate the state median income for family sizes of five and above by using the most recent census data for a family of four and multiplying this number by the ratios for the appropriate family size used in the federal Low-Income Home Energy Assistance Program (42 U.S.C. Sec. 8621 et seq.) and specified in federal regulations at paragraphs (5), (6), and (7) of subdivision (b) of Section 96.85 of Title 45 of the Code of Federal Regulations. The Department of Finance shall update its calculations of the state median income for families according to the methodology provided in this subdivision and provide the updated data to the department no later than March 1 of each fiscal year. (d) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 shall not be included as income for purposes of determining eligibility for childcare under this chapter. (e) Payments made on behalf of a child pursuant to Section 11460, 11461.3, 11461.36, or 11461.4 shall not be included as income for purposes of determining eligibility for childcare under this chapter. (f) Notwithstanding any other law, guaranteed income payments received by an individual shall not be included as income for purposes of determining eligibility for childcare under this chapter. For purposes of this subdivision, “guaranteed income payments” are defined as unconditional, recurring, regular cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but not limited to, payments provided through pilot programs and projects receiving funding from the California Guaranteed Income Pilot Program (Chapter 16 (commencing with Section 18997) of Part 6). (g) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer subdivisions (e) and (f) by all-county letters, bulletins, or similar written instructions until regulations are adopted. (2) The department shall adopt regulations implementing subdivisions (e) and (f) no later than July 1, 2025. (Amended by Stats. 2022, Ch. 571, Sec. 47. (AB 185) Effective September 27, 2022.)
  167. 10271.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section requires adjusted monthly income to be calculated using an income calculation worksheet and specific subdivision rules, lets families with fluctuating income provide up to 12 months of information, and requires the department to adopt implementing regulations by July 1, 2026.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10271.6. (a) To calculate a family’s adjusted monthly income for purposes of determining income eligibility or calculating a family fee, the calculation shall be done by the use of an income calculation worksheet, and in accordance with subdivisions (b) and (c). (b) When a family’s income is regular and steady, the adjusted monthly income shall be determined by the use of an income calculation worksheet that specifies all of the following: (1) The frequency of the pay periods. (2) The gross amount of the payroll check stubs. (3) All other sources of countable income to determine the adjusted monthly income, as defined in Section 18078 of Title 5 of the California Code of Regulations, as any of the following: (A) Weekly for 52 pay periods. (B) Every two weeks for 26 pay periods. (C) Twice monthly for 24 pay periods. (D) Monthly for 12 pay periods. (c) When a family experiences income fluctuation, as defined in Section 18078 of Title 5 of the California Code of Regulations, a family may choose to provide up to the 12 preceding months of income information as necessary for purposes of determining income eligibility or calculating a family fee. The adjusted monthly income shall be determined by averaging the total countable income from at least two months, as applicable based on the income provided, to determine average adjusted monthly income for purposes of determining income eligibility or calculating a family fee. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by all-county letters, bulletins, or similar written instructions until regulations are adopted. The department shall adopt regulations implementing this section no later than July 1, 2026. (e) This section shall become operative on January 1, 2024. (Added by Stats. 2023, Ch. 41, Sec. 14. (AB 116) Effective July 10, 2023. Operative January 1, 2024, by its own provisions.)
  168. 10271.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section defines a covered household-member benefit status for child care eligibility, requires families to document current enrollment unless the contracting agency uses other verification, lets qualifying families use the declared program income for enrollment priority and family fees, and allows the department to administer the section by guidance or written directives.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10271.7. (a) For purposes of establishing eligibility for services under this part, “a member of the household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department” means either of the following: (1) A member of the household has been certified as eligible to receive benefits or services in any of those programs. The family shall provide documentation of current enrollment in the program, unless the contracting agency has, and elects to use, other means of obtaining verification of that enrollment. (2) A contracting agency has determined a member of the household is eligible for Head Start or Early Head Start services. (b) Families qualifying for eligibility under clause (v) of subparagraph (A) of paragraph (1) of subdivision (a) of Section 10271 shall have the income declared on the application for the means-tested government program as its income for the purposes of prioritizing enrollment and calculating family fees. (c) Notwithstanding the rulemaking provision of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through the issuance of guidance or other written directives. (Added by Stats. 2022, Ch. 923, Sec. 7. (SB 1047) Effective January 1, 2023.)
  169. 10272.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must reduce certain child care contract reimbursement amounts by 11% or as needed to stay within appropriations, and families must be disenrolled from subsidized childcare services according to the listed priority order.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10272. (a) Notwithstanding any other law, effective July 1, 2011, the department shall reduce the maximum reimbursable amounts of the contracts for the Preschool Education Program, the General Child Care Program, the Migrant Day Care Program, the Alternative Payment Program, the CalWORKs Stage 3 Program, and the Allowance for Disabled Program by 11 percent or by whatever proportion is necessary to ensure that expenditures for these programs do not exceed the amounts appropriated for them, including any reductions made subsequent to the adoption of the annual Budget Act. The department may consider the contractor’s performance or whether the contractor serves children in underserved areas as defined in subdivision (ag) of Section 10213.5 when determining contract reductions, provided that the aggregate reduction to each program specified in this subdivision is 11 percent or by whatever proportion is necessary to ensure that expenditures for these programs do not exceed the amounts appropriated for them, including any reductions made subsequent to the adoption of the annual Budget Act. (b) Notwithstanding any other law, effective July 1, 2011, families shall be disenrolled from subsidized childcare services, consistent with the priorities for services specified in subdivision (b) of Section 10271. Families shall be disenrolled in the following order: (1) Families whose income exceeds 85 percent of the state median income (SMI) adjusted for family size, except for families whose children are receiving child protective services or are at risk of being neglected or abused. (2) Families with the highest income below 85 percent of the SMI, in relation to family size. (3) Families that have the same income and have been enrolled in childcare services the longest. (4) Families that have the same income and have a child with exceptional needs. (5) Families whose children are receiving child protective services or are at risk of being neglected or abused, regardless of family income. (Amended by Stats. 2025, Ch. 234, Sec. 2. (SB 792) Effective January 1, 2026.)
  170. 10272.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must reduce certain child care contract reimbursement amounts, and families must be disenrolled from subsidized child care services in a specified order starting July 1, 2012.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10272.5. (a) Notwithstanding any other law, and in addition to any reductions applied pursuant to Section 10272, effective July 1, 2012, the department shall reduce the maximum reimbursable amounts of the contracts for the General Child Care Program, the Migrant Day Care Program, the Alternative Payment Program, the CalWORKs Stage 3 Program, and the Allowance for Disabled Program by 8.7 percent or by whatever proportion is necessary to ensure that expenditures for these programs do not exceed the amounts appropriated for them, as adjusted for any reductions in appropriations made subsequent to the adoption of the annual Budget Act. The department may consider the contractor’s performance or whether the contractor serves children in underserved areas as defined in subdivision (ag) of Section 10213.5 when determining contract reductions, provided that the aggregate reduction to each program specified in this subdivision is 8.7 percent or whatever proportion is necessary to ensure that expenditures for these programs do not exceed the amounts appropriated for them, as adjusted for any reductions in appropriations made subsequent to the adoption of the annual Budget Act. (b) Notwithstanding any other law, effective July 1, 2012, families shall be disenrolled from subsidized child care services, consistent with the priorities for services specified in subdivision (b) of Section 10271. Families shall be disenrolled in the following order: (1) Families with the highest income in relation to family size. (2) Families that have the same income and have been enrolled in child care services the longest. (3) Families that have the same income and have a child with exceptional needs. (4) Families whose children are receiving child protective services or are at risk of being neglected or abused, regardless of family income. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  171. 10273.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    For eligible 11- or 12-year-old children, subsidized child care is limited to needed care not available through a before- or after-school program, and contractors must offer families a way to combine those services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10273. (a) The preferred placement for children who are 11 or 12 years of age and who are otherwise eligible for subsidized child care and development services shall be in a before or after school program. (b) Children who are 11 or 12 years of age shall be eligible for subsidized child care services only for the portion of care needed that is not available in a before or after school program provided pursuant to Article 22.5 (commencing with Section 8482) of, or Article 22.6 (commencing with Section 8484.7) of, Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. Contractors shall provide each family of an eligible 11 or 12 year old with the option of combining care provided in a before or after school program with subsidized child care in another setting, for those hours within a day when the before or after school program does not operate, in order to meet the child care needs of the family. (c) Children who are 11 or 12 years of age, who are eligible for and who are receiving subsidized child care services, and for whom a before or after school program is not available, shall continue to receive subsidized child care services. (d) If an 11 or 12-year-old child who is enrolled in a subsidized child development program becomes ineligible for subsidized child care under subdivision (b) and is disenrolled from the before or after school program, or if the before or after school program no longer meets the child care needs of the family, the child shall be given priority to return to the subsidized child care services upon the parent’s notification of the contractor of the need for child care. (e) This section does not apply to an 11 or 12 year old child with a disability, including a child with exceptional needs who has an individualized education program as required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code. (f) The savings generated each contract year by the implementation of the changes made to this section by the act amending this section during the 2005–06 Regular Session shall remain with each alternative payment program, child development center, or other contractor for the provision of child care services, except for care provided by programs pursuant to Chapter 21 (commencing with Section 10370). (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  172. 10273.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The State Department of Health Care Services must provide a mechanism for health screening and followup services for certain children in child care and development programs, starting by July 1, 1981 and continuing annually.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10273.5. By July 1, 1981, and annually thereafter, the State Department of Health Care Services shall provide a mechanism for the delivery of health screening and followup services for children enrolled in child care and development programs for whom there are no appropriate health services accessible by referral. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  173. 10274.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may waive or modify child development requirements for programs serving eligible children in low-population areas.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10274. The department may waive or modify child development requirements in order to enable child development programs to serve combinations of eligible children in areas of low population. The child development programs for which the department may grant waivers shall include, but need not be limited to, migrant child care and development programs and general child care and development programs. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  174. 10274.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may provide outreach services and technical assistance to certain child care contracting agencies and providers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10274.5. The department may provide outreach services and technical assistance to new child care contracting agencies and to those providing child care during nontraditional times, in underserved geographic areas, and for children with special child care needs, including infants and toddlers under three years of age. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  175. 10275.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must set staffing rules for center-based child care and development programs, give employment priority to certain staff background matches, and apply for needed federal waivers. Family child care homes must follow the required adult/child ratios.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10275. (a) The department shall establish rules and regulations for the staffing of all center-based child care and development programs under contract with the department. (1) Priority shall be given by the department to the employment of persons in child development programs with ethnic backgrounds which are similar to those of the child for whom child development services are provided. (2) For purposes of staffing child care and development programs, the role of a teacher in child supervision means direct supervision of the children as well as supervision of aides and groups of children. (3) Family child care homes shall operate pursuant to adult/child ratios prescribed in Chapter 7 (commencing with Section 86001) of Division 6 of Title 22 of the California Code of Regulations. (b) Approval by the department of any ongoing or new programs seeking to operate under the ratios and standards established by the department under this chapter shall be based upon the following considerations: (1) The type of facility in which care is being or is to be provided. (2) The ability of the department to implement a funding source change. (3) The proportion of nonsubsidized children enrolled or to be enrolled by the agency. (4) The most cost-effective ratios possible for the type of services provided or to be provided by the agency. (c) The department shall apply for waivers of federal requirements as are necessary to carry out this section. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  176. 10275.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Until the department issues regulations for center-based programs, the section sets required staffing ratios for different child age groups, and commingled age groups must have proportionate, appropriate teacher and adult ratios.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10275.5. Until the department promulgates regulations for center-based programs establishing staffing ratios, the following staffing ratios shall apply: (a) Infants, 0 to 2 years old—1:3 adult-child ratio, 1:18 teacher-child ratio. (b) Infants and toddlers, 0 to 2 years old—1:4 adult-child ratio, 1:16 teacher-child ratio. (c) Children 3 to 6 years old—1:8 adult-child ratio, 1:24 teacher-child ratio. (d) Children 6 to 10 years old—1:14 adult-child ratio, 1:28 teacher-child ratio. (e) Children 10 to 13 years old—1:18 adult-child ratio, 1:36 teacher-child ratio. (f) If groups of children of varying ages are commingled, the teacher and adult ratios shall be proportionate and appropriate to the ages and groups of children. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  177. 10276.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A covered child care and development program must notify childcare providers about specified payment, service, or eligibility changes, and the department must adopt emergency implementing regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10276. (a) A child care and development program funded pursuant to the federal Child Care and Development Fund, as defined in Section 98.2 of Title 45 of the Code of Federal Regulations, shall provide notice to a childcare provider of a change in reimbursement amounts for childcare services, a change in the hours of care, rates, or schedules, an increase or decrease in parent fees, a termination of services, including, but not limited to, a family’s change in provider, or any changes to the family’s eligibility status that may impact payment. For purposes of this section, the notice shall occur either electronically, if requested by the childcare provider, or via the United States Postal Service. The program shall send the notice, as well as the effective date of any change described in this subdivision, no later than the day the program becomes aware that the change will occur. (b) The notification shall not be deemed a violation of the parent’s confidentiality, but as a method to ensure the proper administration of subsidy funds. (c) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by all-county letter or similar directive until regulations are adopted. (2) The department shall adopt emergency regulations implementing this section no later than July 1, 2026. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, any emergency regulation previously adopted pursuant to this section. The initial adoption of regulations pursuant to this section and one readoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted. (d) This section shall become operative on September 1, 2022. (Added by Stats. 2022, Ch. 62, Sec. 23. (AB 210) Effective June 30, 2022. Operative September 1, 2022, by its own provisions.)
  178. 10277.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Counties and contractors that reimburse subsidized child care providers must create and publish a timely payment plan, and providers must generally be paid within 21 calendar days of submitting the required records.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10277. (a) On or before March 1, 2024, each county and contractor that reimburses childcare providers for the provision of state-funded subsidized childcare and development services shall develop, implement, and publish a plan for timely payment to childcare providers. The plan shall include all of the following: (1) A provision requiring that, in accordance with Section 98.45 of Title 45 of the Code of Federal Regulations, childcare providers shall be paid within 21 calendar days of the submission of either of the following: (A) A complete monthly attendance record or invoice, as defined in subdivision (f) of Section 10227.5, for providers accepting subsidy vouchers. (B) Daily sign-in and sign-out sheets, as referenced in Section 18065 of Title 5 of the California Code of Regulations, for providers participating in a family childcare home education network. (2) A schedule for the payment of services that shall be signed by the childcare provider. (3) A provision requiring that if a provider submits attendance records or invoices for multiple children and not all individual records or invoices within the submission include adequate information to provide a payment, payments shall not be withheld for those records or invoices that include adequate information to provide a payment. (4) Procedures that establish clear processes and timelines to resolve overpayment and underpayment issues, which shall include provider written consent to recover any overpayment. (5) A provision that if a county or contractor is unable to issue reimbursement payments within 21 calendar days pursuant to the requirement specified in paragraph (1) due to extenuating circumstances, including, but not limited to, an emergency or payment system malfunction, the impacted provider shall be notified within a reasonable timeframe of the county or contractor becoming aware of the circumstance causing the delay of reimbursement payment. (b) Counties and contractors shall publish the plans developed pursuant to this section for childcare providers to access and reference. The plans shall be published in documents available to providers, such as provider handbooks and individual provider agreements, as appropriate. (c) The department shall support counties and contractors with the development and implementation of the plans prepared pursuant to this section and in compliance with the requirement for timely payments. If the department becomes aware that a county or contractor is not complying with the requirements of this section, the department may issue a finding of noncompliance, and the county or contractor may be subject to corrective action. (d) A childcare provider may submit a monthly attendance record or invoice, as defined in subdivision (f) of Section 10227.5, without a parent’s signature when the parent has not communicated with the provider for a minimum of seven consecutive days, the provider has notified the county or contractor of the parent’s lack of communication in accordance with Section 18066.5 of Title 5 of the California Code of Regulations, and the county or contractor has documented the provider’s unsuccessful attempts to collect a signature. (e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by all-county letters, bulletins, or similar written instructions until regulations are adopted. (f) The department shall initiate a rulemaking action to adopt regulations implementing this section no later than July 1, 2026. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 2023, Ch. 193, Sec. 9. (SB 140) Effective September 13, 2023.)
  179. 10277.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets monthly child-care payment rates and one-time stabilization payments for family childcare providers, and assigns state departments to fund, calculate, distribute, and process those payments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10277.1. (a) Funding shall be allocated to the State Department of Social Services from funds in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2023 and the Budget Act of 2025 and to the State Department of Education from funds specified in Schedule (1) of Item 6100-194-0001 and Schedule (1) of 6100-196-0001 of the Budget Act of 2023, the Budget Act of 2024, and the Budget Act of 2025 to provide a once-per-month, per-child-served who is enrolled in subsidized childcare cost of care plus rate. (b) (1) Of the funding described in subdivision (a), the Legislature hereby allocates funds to the State Department of Social Services and the State Department of Education to provide family childcare providers with the monthly cost of care plus rate commencing January 1, 2024, and to June 30, 2025, inclusive. The amount per child shall range between ninety-eight dollars ($98) and two hundred eleven dollars ($211) per month to be determined based on the family childcare provider type and the region in which the family childcare provider is located pursuant to paragraphs (2) and (3). The state shall provide the amount of the monthly costs of care plus rate for all family childcare providers serving children described in this paragraph based on the number of subsidized children enrolled. This monthly rate shall be issued to family childcare providers based on monthly child enrollments for subsidized childcare and development and state preschool programs. (2) Per child rate amounts shall be as follows: (A) For family childcare providers in the central region, ninety-eight dollars ($98) per each license-exempt family childcare provider, and one hundred forty dollars ($140) per each licensed family childcare provider. (B) For family childcare providers in the northern region, ninety-nine dollars ($99) per each license-exempt family childcare provider, and one hundred forty-one dollars ($141) per each licensed family childcare provider. (C) For family childcare providers in the southern region, one hundred twelve dollars ($112) per each license-exempt family childcare provider, and one hundred sixty dollars ($160) per each licensed family childcare provider. (D) For family childcare providers in the Los Angeles region, one hundred nineteen dollars ($119) per each license-exempt family childcare provider, and one hundred seventy-one dollars ($171) per each licensed family childcare provider. (E) For family childcare providers in the bay area region, one hundred forty-eight dollars ($148) per each license-exempt family childcare provider, and two hundred eleven dollars ($211) per each licensed family childcare provider. (3) Regions are defined as follows: (A) The central region includes the Counties of Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Monterey, Sacramento, San Benito, San Joaquin, San Luis Obispo, Stanislaus, and Tulare. (B) The northern region includes the Counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba. (C) The southern region includes the Counties of Imperial, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura. (D) The Los Angeles region includes the County of Los Angeles only. (E) The bay area region includes the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma. (c) (1) Funding shall be allocated to the State Department of Social Services from funds in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2025 and to the State Department of Education from funds specified in Schedule (1) of Item 6100-194-0001 and Schedule (1) of 6100-196-0001 of the Budget Act of 2023, the Budget Act of 2024, and the Budget Act of 2025 to provide a once-per-month, per-child-served who is enrolled in subsidized childcare cost of care plus rate. (2) (A) Of the funding described in paragraph (1), the Legislature hereby allocates funds to the State Department of Social Services and the State Department of Education to provide family childcare providers with the monthly cost of care plus rate commencing July 1, 2025, and through June 30, 2026, inclusive. Commencing July 1, 2026, the monthly cost of care plus rates shall continue. The amount per child shall be equal to the amounts described in subdivision (b) increased by the percentage calculated in clause (iii) of subparagraph (B). The state shall provide the amount of the monthly costs of care plus rate for all family childcare providers serving children described in this paragraph based on the number of subsidized children enrolled. This monthly rate shall be issued to family childcare providers based on monthly child enrollments for subsidized childcare and development and state preschool programs. (B) The Department of Finance shall make the following calculations based on data provided by the State Department of Social Services and the State Department of Education: (i) The total cost of providing the statutory cost of living adjustment for childcare programs and State Preschool programs operated by nonlocal educational agencies in the 2025–26 fiscal year pursuant to subdivision (b) of Section 10280 of this code and paragraph (2) of subdivision (b) of Section 42238.15 of the Education Code. These programs include alternative payment programs, including migrant alternative payment programs pursuant to Chapter 3 (commencing with Section 10225), migrant childcare and development programs pursuant to Chapter 6 (commencing with Section 10235), general childcare and development programs pursuant to Chapter 7 (commencing with Section 10240), family childcare home education networks pursuant to Chapter 8 (commencing with Section 10250), and childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) of this part, and the California state preschool program pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code, and exclude state preschool programs operated by local educational agencies. (ii) The estimated cost of providing the monthly cost of care plus rates described in subdivision (b) of this section and subdivision (b) of Section 10277.2 in the 2025–26 fiscal year, excluding costs for state preschool programs operated by local educational agencies, based on the estimates of child enrollment in 2025–26 provided by the State Department of Social Services and State Department of Education, respectively. (iii) Divide the amount calculated in clause (i) by the amount calculated in clause (ii). (C) Family childcare provides shall be paid the increase calculated in clause (iii) of subparagraph (B), per child, for each month or partial month occurring between July 1, 2025, and December 30, 2025, inclusive, as a one-time payment. The one-time payment shall be applicable to all family childcare providers who were reimbursed for subsidized childcare and development or state preschool program services in the month of April 2025, based on enrollment numbers for that month. (D) (i) The payment described in subparagraph (C) is due to providers by January 1, 2026, contingent upon full ratification by September 30, 2025, of the tentative agreement reached between the State of California and the Child Care Providers United - California on August 7, 2025. (ii) If full ratification of the tentative agreement reached between the State of California and the Child Care Providers United - California on August 7, 2025, is not achieved by September 30, 2025, providers shall receive an increase to the one-time payment described in subparagraph (C), and the January 1, 2026, deadline described in clause (i) shall not apply. If the payment is not made to providers by January 1, 2026, the following per-child amounts shall be added to the one-time payment described in subparagraph (C) for each additional month or partial month, occurring after January 1, 2026, for which providers have not received the payment described in subparagraph (C): (I) For family childcare providers in the central region, twelve dollars ($12) per child, per each licensed family childcare provider, and nine dollars ($9) per child, per each license-exempt family childcare provider. (II) For family childcare providers in the northern region, thirteen dollars ($13) per child, per each licensed family childcare provider, and nine dollars ($9) per child, per each license-exempt family childcare provider. (III) For family childcare providers in the southern region, fourteen dollars ($14) per child, per each licensed family childcare provider, and ten dollars ($10) per child, per each license-exempt family childcare provider. (IV) For family childcare providers in the Los Angeles region, fifteen dollars ($15) per child, per each licensed family childcare provider, and eleven dollars ($11) per child, per each license-exempt family childcare provider. (V) For family childcare providers in the bay area region, nineteen dollars ($19) per child, per each licensed family childcare provider, and thirteen dollars ($13) per child, per each license-exempt family childcare provider. (E) Commencing January 1, 2026, or the date that the one-time payment described in subparagraph (C) is made to family childcare providers, whichever is later, providers shall receive the increased monthly cost of care plus rate calculated pursuant to subparagraphs (A) and (B) as a per-child monthly payment. The per-child monthly rate calculated pursuant to subparagraphs (A) and (B) shall range between one hundred seven dollars ($107) and two hundred thirty dollars ($230). Per-child amounts shall be as follows: (i) For family childcare providers in the central region, one hundred seven dollars ($107) per each license-exempt family childcare provider, and one hundred fifty-two dollars ($152) per each licensed family childcare provider. (ii) For family childcare providers in the northern region, one hundred eight dollars ($108) per each license-exempt family childcare provider, and one hundred fifty-four dollars ($154) per each licensed family childcare provider. (iii) For family childcare providers in the southern region, one hundred twenty-two dollars ($122) per each license-exempt family childcare provider, and one hundred seventy-four dollars ($174) per each licensed family childcare provider. (iv) For family childcare providers in the Los Angeles region, one hundred thirty dollars ($130) per each license-exempt family childcare provider, and one hundred eighty-six dollars ($186) per each licensed family childcare provider. (v) For family childcare providers in the bay area region, one hundred sixty-one dollars ($161) per each license-exempt family childcare provider, and two hundred thirty dollars ($230) per each licensed family childcare provider. (F) The regions described in this paragraph are the same as those defined in paragraph (3) of subdivision (b). (d) (1) The State Department of Social Services and the State Department of Education shall provide family childcare providers with a one-time stabilization payment. This payment is due to providers no later than January 1, 2026, contingent upon full ratification by September 30, 2025, of the tentative agreement reached between the State of California and the Child Care Providers United - California on August 7, 2025. If full ratification is not reached by September 30, 2025, the January 1, 2026 deadline shall not apply. The payment amounts shall be per-child-served who is enrolled in subsidized childcare, pursuant to paragraph (2). The one-time, per-child stabilization payment shall be applicable to all family childcare providers who were reimbursed for subsidized childcare and development or state preschool program services in the month of April 2025, based on enrollment numbers for that month. (2) One-time, per-child stabilization payment amounts shall be as follows: (A) Three hundred dollars ($300) for license-exempt family childcare providers. (B) Four hundred thirty-one dollars ($431) for family childcare providers licensed to operate a family daycare home, as defined in subdivision (b) or (c) of Section 1596.78 of the Health and Safety Code. (e) The monthly reimbursement rate and the one-time, per-child stabilization payment described in this section shall be payable to family childcare providers operating or serving programs pursuant to Chapter 3 (commencing with Section 10225) of, Chapter 6 (commencing with Section 10235) of, Chapter 7 (commencing with Section 10240) of, Chapter 8 (commencing with Section 10250) of, Chapter 9 (commencing with Section 10260) of, or Chapter 21 (commencing with Section 10370) of, Part 1.8 of Division 9 of this code, or the Emergency Child Care Bridge Program for Foster Children pursuant to Chapter 2 (commencing with Section 11461.6) of Part 2 of this code, or Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code. (f) In addition to the monthly rates and one-time, per-child stabilization payments described in this section, the State Department of Education and the State Department of Social Services shall provide state preschool programs, alternative payment and direct contract programs, or any other agency designated to distribute payments to these providers with a 10-percent administrative fee for processing the monthly rates and a 5-percent administrative fee for processing the one-time payments described in subparagraph (C) of paragraph (2) of subdivision (c) and the one-time, per-child stabilization payments. For payments provided after June 30, 2025, the 10-percent administrative fee for processing the monthly rates shall only apply to the monthly rate amounts specified in subdivision (b). (g) The State Department of Education shall allocate funding to California state preschool contracting agencies for distribution of rates and payments pursuant to this section to the family childcare providers participating in a state preschool program family childcare home education network, and the State Department of Social Services shall allocate funding to contracting agencies for distribution of rates and payments pursuant to this section to family childcare providers participating in subsidized childcare and development programs administered by the State Department of Social Services. (h) The State Department of Education and the State Department of Social Services shall exchange any essential data necessary to issue payments to family childcare providers. (i) The state may designate another agency or agencies to distribute the funds described in subdivision (e) to family childcare providers. Funds allocated pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the review or approval of the Department of General Services. (j) For purposes of this section, a “family childcare provider” means a provider who participates in a state-funded early care and education program, as defined in subdivision (b) of Section 10421. (k) Nothing in this section shall be construed to limit the authority of childcare contractors and providers to pass on rates and one-time, per-child stabilization payments pursuant to this section to their employees in the form of compensation, including, but not limited to, salaries, wages, and direct benefits. (l) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature. (Amended by Stats. 2025, Ch. 108, Sec. 3. (SB 151) Effective September 17, 2025.)
  180. 10277.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section funds monthly childcare cost-of-care payments, a one-time stabilization payment, and related administrative fees, and sets regional per-child payment amounts and exemptions for related contracts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10277.2. (a) Funding shall be allocated to the State Department of Social Services from funds in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2023 and the Budget Act of 2025 and to the State Department of Education from funds specified in Schedule (1) of Item 6100-194-0001 and Schedule (1) of 6100-196-0001 of the Budget Act of 2023, the Budget Act of 2024, and the Budget Act of 2025 to provide a once-per-month, per-child served who is enrolled in a subsidized childcare program cost of care plus rate. (b) (1) Of the funding described in subdivision (a), the Legislature hereby allocates funds to the State Department of Social Services and the State Department of Education to provide centers with the monthly cost of care plus rate commencing January 1, 2024, and to June 30, 2025, inclusive. The amount per child shall range between one hundred forty dollars ($140) and two hundred eleven dollars ($211), per month, to be determined based on the region in which the center is located pursuant to paragraphs (2) and (3). The state shall provide the amount of the monthly cost of care plus rate for all centers serving children described in this paragraph based on the number of subsidized children enrolled. This monthly rate shall be issued to centers based on monthly child enrollments for subsidized childcare and development and state preschool programs. (2) Per-child rate amounts shall be as follows: (A) For centers in the central region, one hundred forty dollars ($140). (B) For centers in the northern region, one hundred forty-one dollars ($141). (C) For centers in the southern region, one hundred sixty dollars ($160). (D) For centers in the Los Angeles region, one hundred seventy-one dollars ($171). (E) For centers in the bay area region, two hundred eleven dollars ($211). (3) Regions are defined as follows: (A) The central region includes the Counties of Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Monterey, Sacramento, San Benito, San Joaquin, San Luis Obispo, Stanislaus, and Tulare. (B) The northern region includes the Counties of Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba. (C) The southern region includes the Counties of Imperial, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura. (D) The Los Angeles region includes the County of Los Angeles only. (E) The bay area region includes the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma. (c) (1) Funding shall be allocated to the State Department of Social Services from funds in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2025 and to the State Department of Education from funds specified in Schedule (1) of Item 6100-194-0001 and Schedule (1) of 6100-196-0001 of the Budget Act of 2023, the Budget Act of 2024, and the Budget Act of 2025 to provide a once-per-month, per-child-served who is enrolled in subsidized childcare cost of care plus rate. (2) Of the funding described in paragraph (1), the Legislature hereby allocates funds to the State Department of Social Services and the State Department of Education to provide centers with the monthly cost of care plus rate commencing July 1, 2025, and to June 30, 2026, inclusive. Commencing July 1, 2026, the monthly cost of care plus rates shall continue. The amount per child shall be equal to the amounts described in subdivision (b) increased by the percentage calculated in clause (iii) of subparagraph (B) of paragraph (2) of subdivision (c) of Section 10277.1. The state shall provide the amount of the monthly cost of care plus rate for all centers serving children described in this paragraph based on the number of subsidized children enrolled. This monthly rate shall be issued to centers based on monthly child enrollments for subsidized childcare and development and state preschool programs. (3) (A) The amount per child described in paragraph (2) shall be the monthly cost of care rate. The amount per child shall range between one hundred fifty-two dollars ($152) and two hundred thirty dollars ($230) per month to be determined based on the region in which the center is located pursuant to this paragraph. The state shall provide the amount of the monthly cost of care plus rate for all centers serving children described in this paragraph based on the number of subsidized children enrolled. This monthly rate shall be issued to centers based on monthly child enrollments for subsidized childcare and development and state preschool programs. Per-child rate amounts shall be as follows: (i) For centers in the central region, one hundred fifty-two dollars ($152). (ii) For centers in the northern region, one hundred fifty-four dollars ($154). (iii) For centers in the southern region, one hundred seventy-four dollars ($174). (iv) For centers in the Los Angeles region, one hundred eighty-six dollars ($186). (v) For centers in the bay area region, two hundred thirty dollars ($230). (B) The regions described in this paragraph are the same as those defined in paragraph (3) of subdivision (b). (4) If this subdivision is in conflict with a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature. (d) The State Department of Social Services and the State Department of Education shall provide centers with a one-time, per-child stabilization payment in the amount of four hundred thirty-one dollars ($431) in the 2025–26 fiscal year. The four-hundred-thirty-one-dollar ($431) per-child payment shall be provided to all centers who provided subsidized childcare and development or state preschool program services in the month of April 2025, based on enrollment numbers for that month. (e) The monthly and one-time, per-child stabilization payments described in this section shall be payable to centers operating or serving programs pursuant to Chapter 3 (commencing with Section 10225) of, migrant childcare and development programs pursuant to Chapter 6 (commencing with Section 10235) of, a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240) of, a family childcare home education network pursuant to Chapter 8 (commencing with Section 10250) of, childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) of, or the CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370) of, Part 1.8 of Division 9 of this code, or the Emergency Child Care Bridge Program for Foster Children pursuant to Chapter 2 (commencing with Section 11461.6) of Part 2 of this code, or Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code. (f) In addition to the monthly rates and one-time, per-child stabilization payments described in this section, the State Department of Education and the State Department of Social Services shall provide contractors, or any other agency designated to distribute payments to these centers, with a 10-percent administrative fee for processing the monthly rates and a 5-percent administrative fee for processing the one-time, per-child stabilization payments. For payments provided after June 30, 2025, the 10-percent administrative fee for processing the monthly rates shall only apply to the monthly rate amounts specified in subdivision (b). (g) The State Department of Education shall allocate funding for distribution of payments to state preschool program contractors, and the State Department of Social Services shall allocate funding for distribution of payments to contractors participating in State Department of Social Services subsidized childcare and development programs. (h) The State Department of Education and the State Department of Social Services shall exchange any essential data necessary to issue payments to centers. (i) The state may designate another agency or agencies to distribute the funds described in subdivision(d) to centers. Contracts or grants awarded pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. Contracts or grants awarded pursuant to this section shall be exempt from the Public Contract Code and the State Contracting Manual and shall not be subject to the review or approval of the Department of General Services. (j) Nothing in this section shall be construed to limit the authority of childcare contractors and providers to pass on rates and flat-rate one-time, per-child stabilization payments pursuant to this section to their employees in the form of compensation, including, but not limited to, salaries, wages, and direct benefits. (Amended by Stats. 2025, Ch. 108, Sec. 4. (SB 151) Effective September 17, 2025.)
  181. 10277.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The State Department of Social Services must help fund the child care training partnership fund, including a possible additional contribution of up to $15 million, and must give advance notice before making that contribution.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10277.3. (a) (1) To support family childcare providers, as defined in subdivision (b) of Section 10421, and encourage their participation in training, forty million dollars ($40,000,000) was previously appropriated for the establishment of the Joint Child Care Providers United - State of California Training Partnership Fund pursuant to subdivision (b) of Section 264 of Chapter 116 of the Statutes of 2021. (2) Beginning July 1, 2025, and upon full ratification of the memorandum of understanding between the Child Care Providers United - California and the State of California, entered into on August 7, 2025, and for each year of the agreement until July 1, 2028, funding shall be allocated to the State Department of Social Services in Schedule (3) of Item 5180 of the annual Budget Act, upon approval by the Department of Finance, to make a single contribution of up to fifteen million dollars ($15,000,000) to the fund described in paragraph (1) within 90 days of receipt of an annual report of the fund’s expenditures to restore the fund’s balance to fifteen million dollars ($15,000,000) if the remaining balance of the annual report is less than that amount, in accordance with the memorandum of understanding between the State of California and the Child Care Providers United - California entered into on August 7, 2025. Reports may be submitted no later than June 30 of each year, until July 1, 2028. (3) Thirty days prior to making the additional contribution specified in paragraph (2), the State Department of Social Services and the Department of Finance shall provide a notice to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office of the intended amount of the additional contribution for purposes of implementing paragraph (2). (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature. (Amended by Stats. 2025, Ch. 108, Sec. 5. (SB 151) Effective September 17, 2025.)
  182. 10277.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    CCPU must give the state an annual report on fund distribution and remaining balance, and state agencies must give prior notice before making an additional contribution to the fund.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10277.4. (a) (1) One hundred million one hundred thousand dollars ($100,100,000) was previously appropriated for the establishment and administration of the Child Care Providers United - California (CCPU) Workers Health Care Fund pursuant to Schedule 3 of Item 5180-101-0001 of the Budget Act of 2022 for the purpose of providing health care benefits to currently active family childcare providers, as defined in subdivision (b) of Section 10421. (2) In accordance with the memorandum of understanding between CCPU and the State of California, entered into on August 7, 2025, CCPU shall provide the state with an annual report detailing the distribution of funds from the prior year and any remaining balance. Reports may be submitted no later than June 30 of each year until July 1, 2028. (3) Beginning July 1, 2025, and for each year until July 1, 2028, funding shall be allocated to the State Department of Social Services in Schedule (3) of Item 5180 of the annual Budget Act, upon approval by the Department of Finance, to make a single contribution of additional funding to the fund within 90 days of receiving the annual report described in paragraph (2), to restore funding based on provider enrollment in accordance with the memorandum of understanding between the State of California and CCPU entered into on August 7, 2025. (4) Thirty days prior to making the additional contribution specified in paragraph (3), the State Department of Social Services and the Department of Finance shall provide a notice to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office of the intended amount of the additional contribution for purposes of implementing paragraph (3). (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature. (Amended by Stats. 2025, Ch. 108, Sec. 6. (SB 151) Effective September 17, 2025.)
  183. 10277.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section allocates and conditions funding for the CCPU Retirement Trust, requires CCPU to file annual reports, and requires advance notice before any additional contribution is made.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10277.5. (a) One hundred thousand dollars ($100,000) was previously appropriated from the General Fund to the State Department of Social Services in the 2023−24 fiscal year for a one-time contribution payable to Child Care Provider United – California (CCPU), or its designee, for the establishment of the CCPU Retirement Trust. (b) Eighty million dollars ($80,000,000) was previously appropriated from the General Fund to the State Department of Social Services in the 2023−24 fiscal year for a lump-sum contribution to the trust established pursuant to subdivision (a) for the purpose of providing retirement benefits to family childcare providers, as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 10421. An appropriation to the trust established pursuant to subdivision (a) shall not require the state to assume any administrative or fiduciary responsibilities related to the trust, which shall be the sole responsibilities of CCPU and its designated trust administrator. (c) In accordance with the memorandum of understanding between CCPU and the State of California, entered into on August 7, 2025, CCPU shall provide the state with an annual report detailing the distribution of funds from the prior year and any remaining balance. Reports may be submitted no later than June 30 of each year until July 1, 2028. (d) (1) Beginning July 1, 2025, and once for each year until July 1, 2028, funding shall be allocated to the State Department of Social Services in Schedule (3) of Item 5180 of the annual Budget Act, upon approval by the Department of Finance, to make a single contribution of additional funding to the trust established pursuant to subdivision (a) to restore the balance to eighty million dollars ($80,000,000) within 90 days of receiving the annual report described in subdivision (c) if the remaining balance reported in the report is less than eighty million dollars ($80,000,000), in accordance with the memorandum of understanding between the State of California and CCPU entered into on August 7, 2025. (2) Thirty days prior to making the additional contribution specified in paragraph (1), the State Department of Social Services and the Department of Finance shall provide a notice to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office of the intended amount of the additional contribution for purposes of implementing paragraph (1). (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature. (Amended by Stats. 2025, Ch. 108, Sec. 7. (SB 151) Effective September 17, 2025.)
  184. 10277.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section allocates funding for child care provider rates and sets calculations for a 2026–27 rate increase and cost-of-living adjustment.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 10. Administration [10265 - 10277.6] ( Chapter 10 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10277.6. (a) Funding shall be allocated from funds appropriated to the State Department of Social Services in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2026, if consistent with that item, to provide a once-per-month, per-child-served cost of care plus rate for providers serving children enrolled in the following subsidized childcare programs: (1) Alternative payment programs, including migrant alternative payment programs (Chapter 3 (commencing with Section 10225)). (2) Migrant childcare and development programs (Chapter 6 (commencing with Section 10235)). (3) General childcare and development programs (Chapter 7 (commencing with Section 10240)). (4) Family childcare home education networks (Chapter 8 (commencing with Section 10250)). (5) Childcare and development services for children with special needs (Chapter 9 (commencing with Section 10260)). (6) CalWORKs Stage 1, Stage 2, or Stage 3 programs (Chapter 21 (commencing with Section 10370)). (7) Emergency Child Care Bridge Program for Foster Children (Section 11461.6). (b) (1) Of the funding described in subdivision (a), funding is hereby allocated to the State Department of Social Services to provide childcare providers with a monthly cost of care plus rate increase commencing July 1, 2026. The increase per child shall be equal to the amount calculated in subparagraph (C) of paragraph (2). (2) The Department of Finance shall make the following calculations based on data provided by the State Department of Social Services: (A) The total cost of providing the statutory cost-of-living adjustment for childcare programs in the 2026–27 fiscal year pursuant to Section 42238.15 of the Education Code for the subsidized childcare programs described in subdivision (a). (B) The estimated cost of providing the monthly cost of care plus rates described in subparagraph (E) of paragraph (2) of subdivision (c) of Section 10277.1 and paragraph (3) of subdivision (c) of Section 10277.2 in the 2026–27 fiscal year based on the estimates of child enrollment in 2026–27 provided by the State Department of Social Services. (C) Divide the amount calculated in subparagraph (A) by the amount calculated in subparagraph (B). (D) Notwithstanding any other law, the cost-of-living adjustment for the 2026–27 fiscal year shall be 2.009 percent for the purpose of the calculation in this paragraph. (Added by Stats. 2026, Ch. 25, Sec. 30. (AB 150) Effective June 29, 2026.)
  185. 10280.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets reimbursement rules for child care and development programs, including the department’s duties, reimbursement rates, reporting requirements, and temporary or special funding adjustments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10280. (a) The department, in collaboration with the State Department of Education, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. (1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services. (2) When establishing standards and assigned reimbursement rates, the department and the State Department of Education shall confer with applicant agencies. (3) The reimbursement system, including standards and rates, shall be submitted to the Joint Legislative Budget Committee. (4) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs. (b) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand eight hundred eighty-eight dollars ($12,888) and, commencing with the 2022–23 fiscal year, shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15 of the Education Code. (c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received the standard reimbursement rate established in this section shall be reimbursed at the greater of the following: (A) The 75th percentile of the 2018 regional market rate survey. (B) The contract per-child reimbursement amount as of December 31, 2021. (2) (A) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1). The department shall have discretion in determining how funding may be used to increase the rates, including, but not limited to, providing one-time lump-sum payments. The department may contract with another entity to distribute this funding to contractors. (B) Notwithstanding any other law, contracts or grants awarded pursuant to this subparagraph shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual and shall not be subject to review or approval of the Department of General Services. (3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted and information shall include, but not be limited to, all of the following: (A) Address, including ZIP Code. (B) Race and ethnicity. (C) Gender. (D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency. (E) What types of federal relief funds have been received from the state. (F) Use of federal relief funds received. (G) Documentation that the provider met certifications as required by federal law. (4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements. (d) Notwithstanding subdivision (b), for the 2023–24, 2024–25, and 2025–26 fiscal years, the cost-of-living adjustments required pursuant to subdivision (b) shall instead be zero. It is the intent of the Legislature that any adjustment in the 2023–24 and 2024–25 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill. (e) Notwithstanding any other law, childcare and development programs shall not receive a cost-of-living adjustment in the 2026–27 fiscal year except for childcare resource and referral programs (Chapter 2 (commencing with Section 10217)) and local childcare and development planning councils (Chapter 31 (commencing with Section 10480)), which shall receive a 2.009-percent cost-of-living adjustment. (f) Commencing July 1, 2025, and through June 30, 2026, if a program is open and operating in accordance with its approved program calendar and remains open and providing services to certified children throughout the program year, the contract reimbursement shall be based on the lesser of the following: (1) The maximum reimbursable amount stated in the contract. (2) Net reimbursable program costs. (g) Commencing July 1, 2026, contract reimbursement shall be based on the lesser of the following: (1) The maximum reimbursable amount stated in the contract. (2) Net reimbursable program costs. (3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section. (h) Commencing July 1, 2025, and through June 30, 2026, reimbursement for family childcare home education network providers funded through migrant childcare and development programs pursuant to Chapter 6 (commencing with Section 10235), general childcare and development programs pursuant to Chapter 7 (commencing with Section 10240), or childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) shall receive 100 percent of reimbursement based on the family’s certified need for services at the maximum authorized hours of care less any allowable administrative expenses withheld by the contractor. (i) If subdivision(h) is in conflict with a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2026, Ch. 25, Sec. 31. (AB 150) Effective June 29, 2026.)
  186. 10280.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets up a child care reimbursement-rate reform process, requires specific meetings, reports, and recommendations, and gives the department limited spending authority and contracting exemptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10280.2. (a) (1) Consistent with the agreement, dated June 25, 2021, entered into by the Governor and Child Care Providers United - California, the state and Child Care Providers United - California shall establish a Joint Labor Management Committee to develop recommendations for a single reimbursement rate structure that addresses quality standards for equity and accessibility while supporting positive learning and developmental outcomes for children. The State Department of Social Services shall secure a contractor, in consultation with the Joint Labor Management Committee, to assist with the work to be completed pursuant to this subdivision. (2) The Joint Labor Management Committee shall develop the recommendations described in paragraph (1) and shall present the recommendations to the Department of Finance no later than November 15, 2022, to inform the Governor’s proposed budget for the 2023–24 fiscal year, which will be presented to the Legislature by January 10, 2023. (3) To aid in these efforts related to rate reform and quality investments, the department may allocate up to twenty million dollars ($20,000,000) of the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 32, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, for the purposes of this subdivision. Within 30 days of securing a contractor, the department shall notify the Joint Legislative Budget Committee on the scope of work, and, within 60 days after the end of the contract period, shall provide the Joint Legislative Budget Committee with a report of all actual expenditures incurred. (4) Contracts or grants awarded pursuant to this subdivision shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. Contracts or grants awarded pursuant to this subdivision shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (b) (1) The State Department of Social Services shall, in consultation with the State Department of Education, convene a working group separate from the Joint Labor Management Committee established pursuant to subdivision (a) to assess the methodology for establishing reimbursement rates and the existing quality standards for child care and development and preschool programs, including, but not limited to, licensing standards and the requirements in Subchapter 12 (commencing with Section 18270) of Chapter 19 of Division 1 of Title 5 of the California Code of Regulations, as that subchapter read on June 30, 2021, for equity and accessibility to all provider types and settings. This assessment shall be informed by evidence-based elements that best support child development and positive child outcomes. The workgroup shall include, but not be limited to, Child Care Providers United - California to represent family child care providers, as defined in paragraph (1) of subdivision (b) of Section 10421, teacher and administrator representatives of state-funded center-based contractors for both preschool and infant-toddler settings, child development experts, parent representatives, a Head Start representative, an alternative payment program agency representative, and representatives from the administration, as determined necessary by the department. (2) The assessment and any recommendations of the workgroup shall be research-based, account for the diversity of California’s child care and development and early learning system, account for alignment across federal Head Start and state-subsidized programs, and be aligned with the experience and education of the child care workforce, as well as the environmental settings of child care and development programs. The workgroup shall, no later than August 15, 2022, provide recommendations, including, but not limited to, recommendations on how the State Department of Social Services should define child care workforce competencies and how these competencies would align with rate reform, to the Joint Labor Management Committee established pursuant to subdivision (a), the Department of Finance, and the Joint Legislative Budget Committee. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  187. 10281.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section defines “early childhood mental health consultation service” and says provider agency costs are reimbursable if the service meets listed conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10281. (a) (1) For purposes of this section, “early childhood mental health consultation service” means a service benefiting an infant or toddler who is 0 to 36 months of age, inclusive, and is served in a general childcare and development program pursuant to this chapter, or a child who is 0 to 5 years of age, inclusive, and is served in a family childcare home education network setting funded by a general childcare and development program pursuant to this chapter. (2) For purposes of this section, “early childhood mental health consultation service” includes, but is not limited to, all of the following: (A) Support for providers, parents, legal guardians, and caregivers to create proactive trauma-informed, inclusive environments and to respond effectively to all children. (B) Assistance through individual site consultations, provision of resources, formulation of training plans, referrals, and other methods that address the unique needs of programs and providers. (C) Aid to providers, parents, legal guardians, and caregivers, and encouragement and facilitation of collaboration and communication, in developing the skills and tools needed to be successful as they support the development and early learning of all children, including observing environments, facilitating the development of action plans, and supporting site implementation of those plans. (D) The development of strategies for addressing prevalent child mental health concerns, including internalizing problems, such as appearing withdrawn, and externalizing problems, such as exhibiting persistent and serious behaviors. (E) If a child exhibits persistent and serious behaviors, support with the pursuit and documentation of reasonable steps to maintain the child’s safe participation in the program, as described in Section 10491.1. (F) Face-to-face interactions or video-based platforms and other modes of communication that are compliant with the federal Health Insurance Portability and Accountability Act (Public Law 104-191), such as the telephone. (G) Group or individual consultations of any of the actions described in this paragraph. (b) The cost to a provider agency of providing an early childhood mental health consultation service shall be reimbursable pursuant to Section 10281.5 if all of the following apply: (1) The early childhood mental health consultation service is provided on a schedule of sufficient and consistent frequency, continuously throughout the program year, to significantly contribute to all of the following: (A) Improving interpersonal relationships and child outcomes. (B) Increasing the confidence, competence, and well-being of those consulted. (C) Eliminating suspensions and expulsions. (2) (A) The early childhood mental health consultation service is provided by one of the following persons: (i) A licensed mental health professional, including a marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, a licensed child and adolescent psychiatrist, a credentialed school counselor, or a school psychologist credentialed pursuant to Section 44266, and employed pursuant to Section 49400, of the Education Code. The person described in this subparagraph shall have at least three years of experience providing mental health services to children zero to five years of age, inclusive, shall have training in infant, family, and early childhood mental health, shall be adequately insured, shall have held their respective license for a minimum of two years, and shall be in full compliance with all continuing education requirements applicable to their profession. (ii) A license-eligible marriage and family therapist, a license-eligible clinical social worker, a license-eligible professional clinical counselor, a license-eligible psychologist, or a license-eligible child and adolescent psychiatrist, who is supervised by a person meeting all of the requirements described in clause (i). (iii) A person holding, at a minimum, a master’s degree in a field related to mental health or human services, including, but not limited to, marriage and family therapy, clinical social work, professional clinical counseling, infant mental health, human development, human services, psychology, school psychology, child and adolescent psychiatry or occupational therapy, education, social work, and other related fields, as determined by the department, and who has at least two years of experience working with children zero to five years of age, inclusive, who is supervised by a person meeting all of the requirements described in clause (i). (iv) A person meeting all of the requirements described in clause (i) who is providing supervision pursuant to clause (ii) may be an employee of a contracting agency, including on a temporary or part-time basis, or engaged as an external contractor, provided that supervision takes place on a regular basis that is sufficient to offer professional guidance and support. (B) Any person providing mental health consultation services pursuant to this section shall have a successful criminal background check. (3) The early childhood mental health consultation service uses a relationship-based model emphasizing strengthening relationships among early childhood education providers, parents, children, and representatives of community systems and resources, and integrates reflective practice into the onsite consultation model. This model shall include, but not be limited to, all of the following: (A) At least twice per program year, conducting early care- and education setting-based mental health assessments, such as the “Climate of Healthy Interactions for Learning & Development (CHILD)” or other appropriate instrument. (B) Recordkeeping that adequately documents all consultation activities. (C) With consent from parents or legal guardians, at least one screening of each enrolled child for adverse childhood experiences and screening for buffering factors, including, but not limited to, resilience. (4) Within the first 30 days upon hire or start of consultation service, a provider agency ensures that a consultant is trained in all of the following: (A) California law and professional ethics for early childhood mental health consultation, including all of the following: (i) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope of practice of early childhood mental health consultation. (ii) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of early childhood mental health consultation. (iii) Confidentiality, particularly as it pertains to minors. (B) Child abuse and neglect mandated reporting laws. (C) Best practices and foundations of early childhood mental health consultation. (D) All relevant laws and regulations regarding state and federal childcare programs. (5) Consultants and supervisors shall participate in continuing professional development and education for at least 18 hours per program year. Topics may include, but are not limited to, infant-family and early childhood mental health, implicit bias and equity, trauma-informed practice, early childhood development, and consultation. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until regulations are filed with the Secretary of State, the State Department of Social Services shall, in consultation with the State Department of Education, on or before December 31, 2023, implement this section through all-county letter or similar instructions until regulations are adopted. (Amended by Stats. 2022, Ch. 915, Sec. 6. (AB 2806) Effective January 1, 2023.)
  188. 10281.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain child care program administrators may use administrative and support funds to provide early childhood mental health consultation services, if the service meets Section 10281 requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10281.2. Notwithstanding paragraph (1) of subdivision (a) of Section 8243 of the Education Code or paragraph (1) of subdivision (a) of Section 10281 of this code, alternative payment programs and agencies administering CalWORKs Stage 1, Stage 2, or Stage 3 programs, serving children zero to five years of age, inclusive, may utilize funds for administrative and support services to provide early childhood mental health consultation services, if the service meets the requirements of Section 10281. (Added by Stats. 2022, Ch. 915, Sec. 7. (AB 2806) Effective January 1, 2023.)
  189. 10281.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Provider agencies must multiply reported child enrollment days by specified adjustment factors for qualifying children.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10281.5. (a) In order to reflect the additional expense of serving children who meet any of the criteria outlined in subdivision (c), the provider agency’s reported child days of enrollment for these children shall be multiplied by the adjustment factors listed below. (b) The adjustment factors described in subdivision (c) shall apply to those programs for which assigned reimbursement rates are at or below the standard reimbursement rate. In addition, the adjustment factors shall apply to those programs for which assigned reimbursement rates are above the standard reimbursement rate, but the reimbursement rate, as adjusted, shall not exceed the adjusted standard reimbursement rate. (c) Notwithstanding any other law, commencing January 1, 2019, the adjustment factors shall be as follows: (1) Prior to January 1, 2022, for infants who are 0 to 18 months of age, inclusive, and are served in a child care center or a family child care home, the adjustment factor shall be 2.44. (2) Prior to January 1, 2022, for toddlers who are 18 to 36 months of age, inclusive, and are served in a child care center or a family child care home, the adjustment factor shall be 1.8. (3) For children with exceptional needs who are 0 to 21 years of age, inclusive, the adjustment factor shall be 1.54. (4) For severely disabled children who are 0 to 21 years of age, inclusive, the adjustment factor shall be 1.93. (5) Prior to January 1, 2022, for children at risk of neglect, abuse, or exploitation who are 0 to 14 years of age the adjustment factor shall be 1.1. (6) Prior to January 1, 2022, for dual language learner children who are two years of age through kindergarten age, inclusive, the adjustment factor shall be 1.1. (7) For infants and toddlers who are 0 to 36 months of age, inclusive, and are served in general child care and development programs, or children who are 0 to 5 years of age, inclusive, and are served in a family child care home education network setting funded by a general child care and development program, where early childhood mental health consultation services are provided, pursuant to Section 10281, the adjustment factor shall be 1.1. (d) Use of the adjustment factors shall not increase the provider agency’s total annual allocation. (e) (1) Days of enrollment for children who meet more than one of the criteria outlined in paragraphs (1) to (6), inclusive, of subdivision (c) shall not be reported under more than one of the categories specified in those paragraphs. (2) Notwithstanding paragraph (1), for children for whom an adjustment factor is applied pursuant to any of paragraphs (1) to (6), inclusive, of subdivision (c), and who are additionally eligible for the adjustment factor established in paragraph (7) of subdivision (c), reported child days of enrollment shall be multiplied by the sum of the applicable adjustment factor under paragraphs (1) to (6), inclusive, of subdivision (c) and 0.05. (f) The difference between the reimbursement resulting from the use of the adjustment factors outlined in subdivision (c) and the reimbursement that would otherwise be received by a provider in the absence of the adjustment factors shall be used for special and appropriate services for each child for whom an adjustment factor is claimed. (Amended by Stats. 2022, Ch. 571, Sec. 48. (AB 185) Effective September 27, 2022.)
  190. 10282.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A qualifying center-based child care agency must document to the department how subsidized children will receive supportive services through listed community resources.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10282.5. (a) Notwithstanding the provisions of Section 10280, the assigned reimbursement rate of a center-based child care agency (a) contracting with the department, (b) operating under licensing standards for child care and development facilities specified by Section 1500 et seq. of the Health and Safety Code and by Title 22 of the California Administrative Code, and (c) with less than a majority of subsidized children enrolled in the facility, shall be equivalent to the fee paid for the same service by families of nonsubsidized children. (b) It is not the intent of the Legislature to preclude an agency with a contract with the department from adjusting the fees charged to nonsubsidized children during the contract year. In no event shall the assigned reimbursement rate exceed the standard reimbursement rate established pursuant to Section 10280. (c) These agencies shall provide documentation to the department that subsidized children, as necessary and appropriate, shall receive supportive services through county welfare departments, resource and referral programs, or other existing community resources, or all of them. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  191. 10283.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets reimbursement factors for certain child care and development programs based on how many hours per day children are served.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10283. (a) Commencing with the 1995–96 fiscal year and each fiscal year thereafter, for purposes of this part, reimbursement rates shall be adjusted by the following reimbursement factors for child care and development programs with a standard reimbursement rate, but shall not apply to the resource and referral programs set forth in Chapter 2 (commencing with Section 10217), the alternative payment programs set forth in Chapter 3 (commencing with Section 10225), or the schoolage parent and infant development programs: (1) Prior to January 1, 2022, for child care and development providers serving children for less than four hours per day, the reimbursement factor is 55 percent of the standard reimbursement rate. (2) Prior to January 1, 2022, for child care and development program providers serving children for not less than four hours per day, and less than six and one-half hours per day, the reimbursement factor is 75 percent of the standard reimbursement rate. For providers operating under Chapter 21 (commencing with Section 10370) and serving children for not less than four hours per day, and less than seven hours per day, the reimbursement factor is 75 percent of the standard reimbursement rate. (3) Prior to January 1, 2022, for child care and development program providers serving children for not less than six and one-half hours per day, and less than 10 and one-half hours per day, the reimbursement factor is 100 percent of the standard reimbursement rate. For child care and development providers operating under Chapter 21 (commencing with Section 10370) and serving children for not less than seven hours per day, and less than 10 hours per day, the reimbursement factor is 100 percent of the standard reimbursement rate. (4) For child care and development program providers serving children for 10 and one-half hours or more per day, the reimbursement factor is 118 percent of the standard reimbursement rate. (b) It is the intent of the Legislature, notwithstanding the difference between the standard reimbursement rate and the regional market rate, to support serving children for the length of day that is appropriate under a provider’s contract. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  192. 10284.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain child care facilities must be paid the same fee as nonsubsidized families pay, and alternative payment systems or county welfare departments must document supportive services for subsidized children.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10284. (a) Notwithstanding the provisions of Section 10280, the payment made to a child care facility (a) with authorization for payments from an alternative payment program or a county welfare department, (b) operating under licensing standards for child day care facilities specified by Sections 1500 et seq. of the Health and Safety Code and by Title 22 of the California Administrative Code, and (c) with less than a majority of subsidized children enrolled in the facility, shall be the same as the fee paid for the same service by families of nonsubsidized children. (b) Each alternative payment system or county welfare department shall provide documentation that subsidized children, as necessary and appropriate, shall receive supportive services through county welfare departments, resource and referral programs, other existing community resources, or all of them. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  193. 10284.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Audits for certain licensed agencies must sample specified evidence about fees, enrollment, service days, and services provided to subsidized children.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10284.5. The audits for those agencies licensed under the provisions of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code shall include a sampling of the evidence of fees paid by families of nonsubsidized children, the average daily enrollment of subsidized and nonsubsidized children, the average number of days of service provided to subsidized children, and the services provided to subsidized children pursuant to the terms of the contract. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  194. 10284.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department and the State Controller must set up the necessary plans to advance child care funds to contracting agencies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10284.6. The department and the State Controller shall establish the necessary plans to advance child care funds to contracting agencies. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  195. 10285.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must adopt rules, regulations, and guidelines to help carry out the chapter’s funding and reimbursement procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10285. The department shall adopt rules, regulations, and guidelines to facilitate the funding and reimbursement procedures required by this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  196. 10286.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must support coordination of resources for state and local agencies serving children, youth, and their families.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10286. The department shall support the coordination of resources available to state and local agencies serving children, youth, and their families. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  197. 10286.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    If operating agencies cannot operate because of incomplete renovations or other circumstances beyond their control, the programs are not to be penalized for incurred expenses or in later annual budget allocations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10286.5. In the event that operating agencies are unable to operate due to incomplete renovations authorized by administrating state agencies, or due to circumstances beyond the control of the operating agency, including earthquakes, floods, or fire, such programs shall not be penalized for incurred program expenses nor in subsequent annual budget allocations. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  198. 10287.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must adopt regulations that allow reimbursement of certain interest costs for contractors, and contractors must show those interest costs do not exceed the value the state gets from using the facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10287. (a) The rules, regulations, and guidelines adopted by the department pursuant to Sections 10267.5 and 10285 shall permit reimbursement for interest paid by contractors on private sector debt financing for the purchase, lease-purchase, repair, or renovation of child care and development facilities owned or leased by contractors providing center-based care. (b) The department shall adopt regulations requiring contractors to demonstrate that the amount of interest paid in a year on private sector debt financing for the purposes identified in subdivision (a) does not exceed the value obtained by the state in the use of the facilities during the year for the child care and development services program. The regulations shall include, but not be limited to, the following methods of making this demonstration: (1) Amortization of a loan or lease-purchase contract on a straight-line basis for the purchase price of a portable building, including any transportation charges, installation charges, loan fees, taxes, points or other fees associated with the purchase, over a period of 15 years or more. (2) Amortization of a loan or lease-purchase contract on a straight-line basis for the purchase price of a permanent building and real estate, including any loan fees, taxes, points or other fees associated with the purchase, over a period of 15 years or more. (3) Evidence acceptable to the department that loan payments for the purchase of a portable building or permanent building and real estate, including principal and interest, do not exceed the fair market rental cost that the contractor would have paid if the property was not purchased. (c) Loans or lease-purchase agreements amortized over the number of years designated in subdivision (b), but due in a fewer number of years, shall not be disallowed because of the shorter due date. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  199. 10287.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A center-based child care agency contracting with the department may use state reimbursement funding to schedule up to two days of staff training per contract period.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 11. Reimbursement Rates [10280 - 10287.5] ( Chapter 11 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10287.5. A center-based child care agency contracting with the department to provide center-based child care services may schedule up to two days of staff training, per contract period, using state reimbursement funding on the topics including procedures for emergencies in child development programs, licensing regulations relating to child development programs, recognition and reporting of suspected abuse of children in child development programs, managing challenging behaviors and preventing expulsion of children, and addressing items on the program’s Quality Rating and Improvement System (QRIS) Quality plan. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  200. 10290.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 12. Family Fees [10290 - 10292] ( Chapter 12 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets and limits family fees for subsidized child care services, including how the fee schedule is created, how fees are calculated, and when fees may not be collected.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 12. Family Fees [10290 - 10292] ( Chapter 12 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10290. (a) The department, in consultation with the State Department of Education, shall establish a fee schedule for families using preschool and childcare and development services pursuant to this part including families receiving services pursuant to paragraph (1) of subdivision (b) of Section 10271. It is the intent of the Legislature that the new fee schedule shall be simple and easy to implement. (b) The family fee schedule shall retain a single flat monthly fee per family. The schedule shall differentiate between fees for part-time care and full-time care. (c) Using the most recently approved family fee schedule pursuant to subdivision (e) of Section 10436, families shall be assessed a single flat monthly fee for all state-subsidized services, including California state preschool program services administered by the State Department of Education, based on income, certified family need for full-time or part-time care services, and enrollment, and shall not be based on actual attendance. No recalculation of a family fee shall occur if attendance varies from enrollment unless a change in need for care is assessed, as requested by the parent. (d) Family fees shall not be based on the cost of care or amount of subsidy payment. (e) (1) The department shall design the new family fee schedule based on the most recent census data available on state median family income in the past 12 months, adjusted for family size, according to the methodology provided in subdivision (c) of Section 10271.5. The department shall first submit the adjusted fee schedule to the Department of Finance for approval. (2) Commencing October 1, 2023, both of the following apply: (A) The revised fees described in paragraph (1) shall not exceed 1 percent of the family’s monthly income. (B) A family with an adjusted monthly family income below 75 percent of the state median family income shall not be charged or assessed a family fee. (f) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 shall not be included in total countable income for purposes of determining the amount of the family fee. (g) Family fees shall be assessed at initial enrollment and reassessed at update of certification or recertification. (h) The implementation of this section shall comply with the requirements specified in subdivision (h) of Section 10271. (i) Notwithstanding any other provision of this chapter, family fees shall not be collected for the 2021–22 fiscal year pursuant to Section 263 of Chapter 116 of the Statutes of 2021. (j) Notwithstanding any other provision of this chapter, family fees shall not be collected for the 2022–23 fiscal year. (k) During the 2022–23 fiscal year, contractors shall reimburse subsidized childcare providers for the full amount of the certificate or voucher without deducting family fees. (l) (1) Notwithstanding any other provision of this chapter, family fees shall not be collected between July 1, 2023, and September 30, 2023, inclusive. (2) Between July 1, 2023, and September 30, 2023, inclusive, contractors shall reimburse subsidized childcare providers for the full amount of the certificate or voucher without deducting family fees. (3) Notwithstanding any other law, federal funds that were previously appropriated in Sections 263 and 265 of Chapter 116 of the Statutes of 2021 to expand childcare access slots and provide for family fee waivers and the reimbursement for waived family fees shall be available in the 2023–24 fiscal year in an amount that is equal to the cost to extend family fee waivers between July 1, 2023, and September 30, 2023, inclusive, for all families receiving subsidized childcare services from childcare providers through programs administered by the State Department of Social Services pursuant to Chapter 3 (commencing with Section 10225), Chapter 6 (commencing with Section 10235), Chapter 7 (commencing with Section 10240), Chapter 8 (commencing with Section 10250), Chapter 9 (commencing with Section 10260), Chapter 21 (commencing with Section 10370), and Section 11461.6. (m) (1) No later than January 1, 2027, contractors shall reimburse subsidized childcare providers for the full amount of the certificate or voucher without deducting family fees and shall collect family fees pursuant to this section. (2) The department shall work with any contractor in need of technical assistance in order to come into compliance with this subdivision. (n) Family fees accrued but uncollected prior to October 1, 2023, may be forgiven and not collected. (o) (1) A childcare provider paid with childcare subsidies, including, but not limited to, a family childcare home provider participating in a family childcare home education network, shall not absorb a reduction in pay for the contracted childcare space or voucher on account of a waiver of or reduction in family fees. (2) The number of childcare contracted spaces and vouchers shall not be reduced on account of a reduction in the collection of family fees. (3) Fifty-six million dollars ($56,000,000) is hereby appropriated from the General Fund to the State Department of Social Services in fiscal year 2023–24 to reimburse childcare providers described in paragraph (1) for family fees waived or reduced pursuant to paragraph (2) of subdivision (e). (Amended by Stats. 2026, Ch. 25, Sec. 32. (AB 150) Effective June 29, 2026.)

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