Welfare and Institutions Code — Part 2 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 2 of 35 · provisions 201–400

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. 10291.

    ## 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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    Some families may be exempt from family fees for up to 24 months, and families receiving CalWORKs cash aid must not be charged a family fee.

    ## 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. ) ## 10291. (a) A family that receives services pursuant to paragraph (1) of subdivision (b) of Section 10271 may be exempt from family fees for up to 24 months. (b) Notwithstanding any other law, a family receiving CalWORKs cash aid shall not be charged a family fee. (Amended by Stats. 2025, Ch. 234, Sec. 3. (SB 792) Effective January 1, 2026.)
  2. 10292.

    ## 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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    Child care contractors or providers may require diapers or charge field trip fees, but they must follow notice, fee-limit, nondiscrimination, and payment-system 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 12. Family Fees [10290 - 10292] ( Chapter 12 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10292. (a) The family fee schedule shall provide, among other things, that a contractor or provider may require parents to provide diapers. A contractor or provider offering field trips either may include the cost of the field trips within the service rate charged to the parent or may charge parents an additional fee. Federal or state money shall not be used to reimburse parents for the costs of field trips if those costs are charged as an additional fee. A contractor or provider that charges parents an additional fee for field trips shall inform parents, before enrolling the child, that a fee may be charged and that no reimbursement will be available. (b) A contractor or provider may require parents to provide diapers or charge parents for field trips, subject to all of the following conditions: (1) The contractor or provider has a written policy adopted by the agency’s governing board that includes parents in the decisionmaking process regarding both of the following: (A) Whether or not, and how much, to charge for field trip expenses. (B) Whether or not to require parents to provide diapers. (2) The contractor or provider does not charge fees in excess of twenty-five dollars ($25) per child in a contract year. (3) The contractor or provider does not deny participation in a field trip due to a parent’s inability or refusal to pay the fee. (4) The contractor or provider does not take adverse action against a parent for the parent’s inability or refusal to pay the fee. (c) A contractor or provider shall establish a payment system that prevents the identification of children based on whether or not a child’s family has paid field trip fees. (d) The contractor or provider shall report expenses incurred and income received for field trips to the department. Income received shall be reported as restricted income. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  3. 103.

    ## 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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    CASAs must meet training, supervision, service, conflict, and swearing-in requirements, and judges may appoint them and grant limited case-review 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 1. Court-Appointed Special Advocates [100 - 110] ( Chapter 1 added by Stats. 1988, Ch. 723, Sec. 5. ) ## 103. (a) Persons acting as a CASA shall be individuals who have demonstrated an interest in children and their welfare. Each CASA shall participate in a training course conducted under the rules and regulations adopted by the Judicial Council and in ongoing training and supervision throughout his or her involvement in the program. Each CASA shall be evaluated before and after initial training to determine his or her fitness for these responsibilities. Ongoing training shall be provided at least monthly. (b) Each CASA shall commit a minimum of one year of service to a child until a permanent placement is achieved for the child or until relieved by the court, whichever is first. At the end of each year of service, the CASA, with the approval of the court, may recommit for an additional year. (c) A CASA shall have no associations that create a conflict of interest with his or her duties as a CASA. (d) An adult otherwise qualified to act as a CASA shall not be discriminated against based upon marital status, socioeconomic factors, or because of any characteristic listed or defined in Section 11135 of the Government Code. (e) Each CASA is an officer of the court, with the relevant rights and responsibilities that pertain to that role and shall act consistently with the local rules of court pertaining to CASAs. (f) Each CASA shall be sworn in by a superior court judge or commissioner before beginning his or her duties. (g) A judge may appoint a CASA when, in the opinion of the judge, a child requires services which can be provided by the CASA, consistent with the local rules of court. (h) To accomplish the appointment of a CASA, the judge making the appointment shall sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. (i) Each CASA shall be considered court personnel for purposes of subdivision (a) of Section 827. (Amended by Stats. 2015, Ch. 71, Sec. 3. (AB 424) Effective January 1, 2016.)
  4. 10300.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may reimburse certain startup costs for child development agencies or facilities, but the reimbursement cannot exceed 15% of the increase in the agency’s total contract amount and cannot increase that 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10300. (a) The department may reimburse approvable startup costs of child development agencies or facilities in an amount not to exceed 15 percent of the expansion or increase of each agency’s total contract amount. Under no circumstances shall reimbursement for startup costs result in an increase in the agency’s total contract amount. These funds shall be available for all of the following: (1) The employment and orientation of necessary staff. (2) The setting up of the program and facility. (3) The finalization of rental agreements and the making of necessary deposits. (4) The purchase of a reasonable inventory of materials and supplies. (5) The purchase of an initial premium for insurance. (b) Agencies shall submit claims for startup costs with their first quarterly reports. (c) The Legislature recognizes that allowances for startup costs are necessary for the establishment and stability of new child development programs. Programs initially funded in the 1978–79 fiscal year and 1979–80 fiscal year are included in this section. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  5. 10300.5.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department and the State Department of Education must promote use of child care and preschool funds, shift unused funds to identified needs, set transfer timelines, and may use guidance to administer the section.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10300.5. (a) The department and the State Department of Education shall promote full utilization of childcare and development and preschool funds and match available unused funds with identified service needs. The department and the State Department of Education shall attempt to arrange intra-agency adjustments between California state preschool program contracts and general childcare contracts for the same agency and funding allocation. The department and the State Department of Education shall establish timelines for intra-agency contract fund transfers. (b) The department shall promote full utilization of childcare and development program funds and match available unused funds with identified service needs. Notwithstanding the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the department shall arrange interagency adjustments between different contractors with the same type of contract when both agencies mutually agree to a temporary transfer of funds for the balance of the fiscal year. The department shall establish timelines for interagency contract fund transfers. (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), the department and the State Department of Education may implement and administer this section through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of requests to transfer funds. (Amended by Stats. 2023, Ch. 41, Sec. 17. (AB 116) Effective July 10, 2023.)
  6. 10301.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must create a plan and procedures for allocating certain expansion funding balances, and the plan must direct those funds to provider agencies serving children with special needs with limits on how the money may be 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10301. (a) The department shall develop a plan and procedures for the allocation of expansion funding balances resulting from the pro rata allocation of expansion for the partial year operations of new agencies. (b) A plan shall provide for the distribution of such funds among provider agencies whose enrollments include children with special needs and shall limit provider agencies’ use of these funds to the purchase of department-approved equipment or materials or one-time-only services, or any of them, that will directly benefit the children with special needs. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  7. 10301.5.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The Legislature states its intent to fund no-interest revolving loans and state purchases of relocatable child care and preschool 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10301.5. (a) The Legislature recognizes the shortage of child care and development and preschool facilities which meet state and local health and safety standards, and the lack of other sources of funding for renovations and repairs necessary to upgrade facilities for licensing in order to accommodate major child care and preschool expansion. It is, therefore, the intent of the Legislature that funds be appropriated for the purpose of providing revolving loans with no interest, as provided in Section 10303, to all other types of child care and development and preschool facilities, in order to provide sufficient child care and development and preschool facilities meeting licensing standards to accommodate the level of child care and preschool expansion provided in this chapter. (b) It is further the intent of the Legislature that funds be appropriated for the state purchase of relocatable child care and development and preschool facilities as provided in Section 10307, for lease to qualifying contracting agencies in geographic areas with no available child care and development or preschool facilities. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  8. 10302.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Administrative costs for covered child care and preschool programs generally may not exceed 15% of program funds, unless the Legislature specifically exempts 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10302. Unless specifically exempted by the Legislature, the administrative cost for all state-funded child care and development and preschool programs and all federal programs administered by the state shall not exceed 15 percent of the funds provided for those programs. Eighty-five percent of these funds shall be used to provide direct services in accordance with rules and regulations, or contractual funding terms and conditions prescribed by the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  9. 10302.5.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must set regulations for allocating certain capital outlay funds and set qualifications for which contracting agencies and day care homes may apply.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10302.5. (a) The department shall establish regulations for the allocation of capital outlay funds provided pursuant to Section 10303 to Section 10304.5, inclusive, to benefit children most needing child care and development or preschool programs. The first priority for all capital outlay shall be given to facilities located in geographic areas with no other available enrollment slots in existing subsidized and nonsubsidized child care and development or preschool facilities. All such capital outlay funding shall be used solely for purposes of renovation and repair of existing buildings. (b) The department shall establish qualifications for determining the eligibility of contracting agencies and day care homes to apply for capital outlay funds. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  10. 10303.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must set up a revolving loan fund for certain child care and preschool 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10303. The department shall establish a revolving loan fund to provide loans to child care and development or preschool contracting agencies for capital outlay not to exceed 2 percent or two thousand dollars ($2,000), whichever is greater, of the agency’s contract amount. These loans shall be available with no interest and shall be used to renovate and repair child care or preschool facilities to meet state and local health and safety standards. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  11. 10304.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Loans must be repaid within one year after allocation, and the department must adjust contracts or deposit revenue as specified.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10304. (a) Repayments on loans made pursuant to Section 10303 shall commence within one year after allocation of the loan to the contracting agency. In lieu of payments by the contracting agency, the department shall annually reduce the agency’s contract amount for child care or preschool services by at least the level of normal depreciation allowance on the renovation or repair, calculated by the straight line method of depreciation. (b) The entire balance of a loan made pursuant to this section shall be payable to the department immediately if the contracting agency ceases operation of services to children subsidized pursuant to this chapter, or if the department fails to renew the agency’s contract, or if 10 years have elapsed from the date of the allocation. (c) The department shall deposit all revenue derived from loan payments made by contracting agencies, or reductions made by the department in agencies’ contracts in lieu of payments, into the revolving loan fund for allocation to other contracting agencies for capital outlay projects pursuant to this section. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  12. 10304.5.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The state must hold a security interest in all renovations and repairs funded under Section 10303.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10304.5. The state shall hold a security interest in all renovations and repairs funded pursuant to Section 10303. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  13. 10305.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section creates two child-care financing funds and sets rules for how the department may use them, make loans, and issue loan guarantees.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10305. (a) For purposes of this section “department” means the Department of Housing and Community Development. (b) Subject to appropriation in the annual Budget Act, the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund are hereby established in the State Treasury. The State Department of Social Services may transfer state funds appropriated for child care and preschool facilities enhancement and the proceeds derived from any future sales of tax-exempt child care and development and preschool facilities bonds into these funds. (c) Notwithstanding Section 13340 of the Government Code, all moneys in the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund, including any interest on loans made from the fund, or loan repayments to the fund, are hereby continuously appropriated to the department for carrying out the purposes of this section and Section 10305.5, respectively. Any loan repayment or interest resulting from investment or deposit of moneys in these funds shall be deposited in the applicable fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the funds shall not be subject to transfer to any other fund pursuant to Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except the Surplus Money Investment Fund. (d) (1) Moneys deposited in the Child Care and Development Facilities Loan Guaranty Fund shall be used for the purpose of guaranteeing private sector loans to sole proprietorships, partnerships, proprietary and nonprofit corporations, and local public agencies for the purchase, development, construction, expansion, or improvement of licensed child care and development and preschool facilities, and for the purpose of administering the guarantees of these loans. The loan guarantees shall be made by the department or by a public or private entity approved by the department, in accordance with the priorities established by the department, as described in Section 10305.5. The full faith and credit of the State of California is not pledged to the Child Care and Development Facilities Loan Guaranty Fund and the state is not liable for loan defaults that exceed the amount of funds deposited with the Child Care and Development Facilities Loan Guaranty Fund. (2) A loan guarantee made pursuant to this section may not exceed 80 percent of the principal and interest amount of a private sector loan guaranteed by the fund and shall be used only to guarantee a private sector loan for the purchase, development, construction, expansion, or improvement of facilities described in Section 10305.5 and for related equipment and fixtures, but shall not be used primarily to refinance an existing loan or for working capital, supplies, or inventory. A loan guarantee for improvements shall be limited to those improvements necessary, as determined by the department, for any of the following purposes: (A) To obtain, maintain, renew, expand, or revise a child care license. (B) To make necessary health and safety improvements. (C) To make seismic improvements. (D) To provide access for disabled children. (E) To expand upon or preserve existing child care and preschool operations. (3) The aggregate amount of outstanding loan guarantees shall not exceed four times the amount in the Child Care and Development Facilities Loan Guaranty Fund. (4) A loan guarantee made pursuant to this section shall be for the term of the loan or 20 years, whichever is less. Security for the guaranteed loan may include a deed of trust, personal guarantees of shareholders and partners in the case of proprietary borrowers, or other reasonably available collateral. These liens may be subordinated to other liens. Default provisions and other terms shall be reasonable and designed to obtain prompt and full repayment of the guaranteed loan by the borrower. Reasonable loan guarantee fees and points may be charged to applicants and borrowers by any public or private entity approved by the department, as described in regulations adopted by the department. (5) A loan guarantee made pursuant to this section shall only be granted if the applicant agrees to provide child care or preschool in a facility for a period of 20 years or the term of the guaranteed loan, whichever is less. (6) A loan guarantee made pursuant to this section terminates 120 days after the lender’s receipt of notice that the recipient has either ceased making payments or providing child care or preschool in the facility for which the loan was made, or both, unless the lender takes action to accelerate the loan. If a family child care provider ceases to operate, but retains its three-year license, the provider shall give notice to the department and the lending institution of its intention to resume offering child care services or preschool services for the term of its license, or shall provide notice of its intention to cease providing child care or preschool services. The Child Care and Development Facilities Loan Guaranty Fund is not liable for a default occurring after the loan guarantee has ended. (e) (1) Moneys deposited in the Child Care and Development Facilities Direct Loan Fund shall be used for the purpose of making subordinated loans directly or through a public or private entity approved by the department to sole proprietorships, partnerships, proprietary and nonprofit corporations, and local public agencies for the purchase, development, construction, expansion, or improvement of licensed child care and development or preschool facilities, and for the purpose of administering these loans. Loans shall be made in accordance with the priorities established by the department as set forth in Section 10305.5. The full faith and credit of the State of California is not pledged to the Child Care and Development Facilities Direct Loan Fund and the state is not liable for loan defaults that exceed the amount of funds deposited in the Child Care and Development Facilities Direct Loan Fund. (2) A loan made pursuant to this section may not exceed 75 percent of the total amount of investment for the purchase, development, expansion, or improvement of eligible child care and development or preschool facilities as described in Section 10305.5 and for related equipment and fixtures, but may not be used primarily to refinance an existing loan, for working capital, for supplies, or for inventory. A loan made pursuant to this section may not exceed 20 percent of the total amount of investment if the same facility is also utilizing a loan guarantee pursuant to subdivision (c). Investment for purposes of this paragraph means the total cost paid or incurred by the applicant in constructing, renovating, or acquiring a facility. A loan for improvements shall be limited to those improvements necessary, as determined by the department, for any of the following purposes: (A) To obtain, maintain, renew, expand, or revise a child care license. (B) To make necessary health and safety improvements. (C) To make seismic improvements. (D) To provide access for disabled children. (E) To expand upon or preserve existing child care or preschool operations. (3) The term of a loan made pursuant to this section may not exceed 30 years. Security for the loan may include a deed of trust, personal guarantees of shareholders and partners in the case of proprietary borrowers, or other reasonably available collateral. These liens may be subordinated to other liens. The payment provisions, late charges, and other terms may vary based on the ability of the borrower to repay the loan, but shall be reasonable and designed to obtain prompt and full repayment of the loan by the borrower. A direct loan shall bear simple interest at the rate of 3 percent per annum on the unpaid principal balance. Reasonable loan fees and points may be charged to applicants and borrowers, as described in regulations adopted by the department. The department may permit a loan to be assumed by an otherwise qualified borrower who agrees to continue to provide child care or preschool for the balance of the original term of the loan. (f) Funds appropriated for the purposes of this section and Section 10305.5 shall be made from funds that are not designated as meeting the state’s minimum funding obligation under Section 8 of Article XVI of the California Constitution. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  14. 10305.5.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section assigns the department responsibility for running two child care loan funds and lets it use several administrative methods and emergency regulations, but limits some loans and administrative spending.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10305.5. (a) For purposes of this section “department” means the Department of Housing and Community Development. (b) The department shall administer the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund. The department may administer the funds directly, through interagency agreements with other state agencies, through contracts with public or private entities, or through any combination thereof. If the department determines that a public or private entity is capable of making child care and development or preschool facilities loans or loan guarantees, the department may delegate the authority to review and approve those loans or guarantees to the public or private entity. The department is authorized to enter into interagency agreements to carry out the purposes of this section and Section 10305 by utilizing the services of small business financial development corporations established pursuant to Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of the Corporations Code. Toward this end, the department is authorized to transfer funds from the Child Care and Development Facilities Direct Loan Fund to the California Economic Development Grant and Loan Fund established by Section 15327 of the Government Code and to transfer funds from the Child Care and Development Facilities Loan Guaranty Fund to the Small Business Expansion Fund established by Section 14030 of the Corporations Code. Those funds shall be deposited into a Child Care Direct Loan Fund Account and a Child Care Loan Guaranty Fund Account hereby established in the respective funds. Notwithstanding anything to the contrary in Chapter 1 (commencing with Section 15310) of Part 6.7 of Division 3 of Title 2 of the Government Code and Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of the Corporations Code, the funds in these accounts shall be administered in compliance with the requirements of this section and Section 10305. (c) Eligible applicants for the loan guaranty program and the direct loan program shall include, but not be limited to, sole proprietorships, partnerships, proprietary and nonprofit corporations, and local public agencies that are responsible for contracting with or providing licensed child care and development services, preschool services, or both. Eligible facilities shall include licensed full-day and part-day child care and development facilities, preschool facilities, and licensed large family child care homes as described in Section 1597.465 of the Health and Safety Code, and licensed small family child care homes as described in Section 1597.44 of the Health and Safety Code. (d) Loan guarantees and direct loans for family child care homes shall not be made for the purpose of purchasing a home or any real property. (e) The State Department of Social Services shall provide input regarding program priorities that shall be considered in the funding of applications by the department. These priorities shall include, but are not limited to, the following: (1) Geographic priorities based on the extent of need for child care and development and preschool supply-building efforts in different parts of the state. (A) Not less than 30 percent of the loan guarantee and direct loan obligations shall benefit providers located in rural areas, as defined in subparagraph (B). If the amount of qualified applications from rural providers is insufficient to satisfy this requirement, the excess capacity reserved for rural providers may be made available to other qualified applications according to the policies and procedures of the department. The remaining 70 percent of funds shall be available to rural or urban areas and other priorities in accordance with this subdivision. (B) For purposes of subdivision (a), rural communities are defined by any county with fewer than 400 residents per square mile. (2) Age priorities based on the extent of need for child care and development or preschool supply-building efforts for children of different age groups. (3) Income priorities shall include families transitioning to work or other lower income families. For purposes of this section, “lower income” shall have the same meaning as “income eligible” as set forth in Section 10271.5. (4) Program priorities based on the extent of facilities needs among specific kinds of providers, including those that contract to administer state and federally funded child care and development or preschool programs administered by the State Department of Social Services or the State Department of Education, providers who have lost classrooms due to class size reduction or other state or local initiatives, or providers that need to expand to meet the needs of a child care or preschool initiative for recipients of aid under Chapter 3 (commencing with Section 11200) of Part 3, or any successor program. (f) The program priorities shall reflect input from representatives of diverse sectors of the child care and development or preschool fields, financial institutions, local planning councils, the Child Development Programs Advisory Committee, and the State Department of Social Services for purposes of identifying communities with high percentages of recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program, who need child care or preschool to meet work requirements. As part of its annual report to the Legislature, required pursuant to Section 50408 of the Health and Safety Code, the department shall assess and report, after consultation with the State Department of Social Services, on the performance, effectiveness, and fiscal standing of the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund. The report shall include information on the number of defaults, the types of facilities in default, and a review of the adequacy of the set-aside for rural areas specified in paragraph (1) of subdivision (e). (g) The department shall adopt regulations and establish priorities, forms, policies and procedures for implementing and managing the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund and making the loan guarantees and direct loans authorized hereunder consistent with priorities provided by the State Department of Social Services. To the extent feasible, the department shall use applicant fees and points to cover its administrative costs. The department may utilize an amount of money from the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund, as appropriate, for reasonable administrative costs in any given fiscal year. Unless an appropriation for administrative costs is made in the annual Budget Act that exceeds the following limits, administrative expenditures shall not exceed 3 percent of the amount appropriated to each fund in the Budget Act of 1997. (h) (1) The department shall adopt regulations to efficiently and effectively implement the microenterprise loan program described in this subdivision, including, but not limited to, the following: (A) Making loans available from the Child Care and Development Facilities Direct Loan Fund to local microenterprise loan funds and other lenders who may relend the funds in appropriate amounts to eligible small family child care home providers described in Section 1597.44 of the Health and Safety Code, large family child care home providers described in Section 1597.465 of the Health and Safety Code, licensed child care and development facilities, and preschool facilities that serve up to 35 children. (B) Authorizing a specified amount of guarantees of small loans by local microenterprise loan funds and other lenders serving eligible small family child care home providers described in Section 1597.44 of the Health and Safety Code, large family child care home providers described in Section 1597.465 of the Health and Safety Code, licensed child care and development facilities, and preschool facilities that serve up to 35 children. (2) Notwithstanding anything to the contrary in this section or Section 10305, a loan made pursuant to this subdivision shall not be made for less than five thousand dollars ($5,000) or for more than fifty thousand dollars ($50,000) and shall not be subject to the 75-percent investment restriction contained in paragraph (2) of subdivision (e) of Section 10305. (i) The department may adopt regulations for the purposes of this section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any regulation adopted pursuant to this section shall not remain in effect more than 180 days unless the department complies with all provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  15. 10306.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The listed child care funds and account are abolished, remaining money must go to the General Fund, and the department must deposit later loan repayments with the Treasurer for the General 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10306. The Child Care and Development Facilities Loan Guaranty Fund, the Child Care and Development Facilities Direct Loan Fund, and the Child Care Loan Guaranty Fund Account in the Small Business Expansion Fund are abolished. All moneys remaining in the Child Care and Development Facilities Loan Guaranty Fund, the Child Care and Development Facilities Direct Loan Fund, and the Child Care Loan Guaranty Fund Account in the Small Business Expansion Fund shall revert to the General Fund. The Department of Housing and Community Development shall deposit all subsequent loan repayments to the Treasurer to the credit of the General Fund. The abolishment of the Child Care and Development Facilities Loan Guaranty Fund, the Child Care and Development Facilities Direct Loan Fund, and the Child Care Loan Guaranty Fund Account in the Small Business Expansion Fund does not terminate any of the following rights, obligations, or authorities, or any provision necessary to carry out those rights, obligations, or authorities: (a) The repayment of loans due and payable to the department or the relevant financial company. (b) The obligation of the state to pay claims arising from the default of outstanding loans that have been guaranteed. (c) Payment to lenders for default of any outstanding guaranteed loans secured by those moneys. (d) The resolution of any cost recovery action. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  16. 10307.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The board may manage and lease relocatable child care facilities, but must lease them to qualifying agencies, charge $1 per year, and impose maintenance, insurance, and use 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10307. (a) As used in this section: (1) “Board” means the State Allocation Board. (2) “Lessee” means a child care and development or preschool contracting agency to whom the board has leased a relocatable facility pursuant to this section. (b) The board, with the advice of the department, may do all of the following: (1) Establish any qualifications that it deems will best serve the purposes of this section for determining the eligibility of child care and development or preschool contracting agencies to lease relocatable facilities under this section. (2) Establish any procedures and policies in connection with the administration of this section that it deems necessary. (3) Adopt any rules and regulations for the administration of this section requiring such procedure, forms, and information that it may deem necessary. (4) Have constructed, furnished, equipped, or otherwise require whatever work is necessary to place relocatable child care and development and preschool facilities where needed. (5) Own, have maintained, and lease relocatable classrooms to qualifying child care and development and preschool contracting agencies. (c) The board shall lease relocatable facilities to qualifying child care and development and preschool contracting agencies and shall charge rent of one dollar ($1) per year. The board shall require lessees to undertake all necessary maintenance, repairs, renewal, and replacement to ensure that a project is at all times kept in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the lessee. (d) The board shall require lessees to insure at their own expense for the benefit of the state, any leased relocatable facility which is the property of the state, against any risks, including liability from the use thereof, in the amounts the board may deem necessary to protect the interest of the state. (e) The board shall have authority to adopt rules establishing priorities for the acquisition and leasing of facilities to contracting agencies which will most benefit children needing child care and development or preschool programs. The board shall require each lessee to demonstrate that relocatable facilities are utilized solely for operation of child care and development or preschool programs. (f) No relocatable facilities shall be made available to a contracting agency unless the agency furnishes evidence, satisfactory to the board, that the contracting agency has no other facility available for rental, lease, or purchase in the geographic service area that is economically or otherwise feasible. (g) The board shall have prepared for its use, performance specifications for relocatable facilities and bids for their construction that can be solicited from more than one responsible bidder. The board shall from time to time solicit bids from, and award to, the lowest responsible competitive bidder, contracts for the construction or purchase of relocatable facilities that have been approved for lease to eligible child care and development or preschool contracting agencies. (h) If at any time the board determines that a lessee’s need for particular relocatable facilities which were made available to the lessee pursuant to this chapter has ceased, the board may take possession of the relocatable facilities and may lease them to other eligible contracting agencies or, if there is no longer a need for the relocatable facilities, the board may dispose of them to public or private parties in the manner it deems to be in the best interests of the state. (i) Any revenue which is derived from a lease or other disposition of the relocatable facilities pursuant to this section is continuously appropriated to the board for the purposes of this section to fund the purchase of other relocatable facilities for child care and development or preschool programs. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  17. 10307.5.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    If a school district stops a child development or preschool contract, it must make the district-owned facilities available to the contractor selected to continue the services, and the rent cannot be above the prevailing rate.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10307.5. (a) In the event that a school district elects to discontinue its contract for child development or preschool services, the facilities owned by the school district and constructed through the provisions of the local tax override for child development or preschool purposes shall be made available to the local contractor whose bid is accepted for continuation of the services. (b) The rent for such facilities shall not exceed the prevailing rental rate for such facilities. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  18. 10308.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section creates a revolving fund for child care facilities, allows the department to move appropriated state funds into it, and sets rules for fees, repayments, reporting, and title transfer.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10308. (a) (1) The Child Care Facilities Revolving Fund is hereby established in the State Treasury to provide funding for loans for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development or preschool services, and for the purchase of new relocatable child care or preschool facilities for lease to local educational agencies and contracting agencies that provide child care and development or preschool services, pursuant to this chapter. The department may transfer state funds appropriated for child care and preschool facilities into this fund for allocation to local educational agencies and contracting agencies, as specified, for the purchase, transportation, and installation of facilities for replacement and expansion of capacity. Local educational agencies and contracting agencies using facilities purchased by the use of these funds shall be charged a leasing fee, either at a fair market value for those facilities or at an amount sufficient to amortize the cost of purchase and relocation, whichever amount is lower, over a 10-year period. Upon full repayment of the purchase and relocation costs, title shall transfer from the State of California to the local educational agency or contracting agency. Loans for renovation or repair shall be repaid within a period that does not exceed 10 years. The department shall deposit all revenue derived from the lease payments or renovation or repair loan repayments into the Child Care Facilities Revolving Fund. (2) Notwithstanding Section 13340 of the Government Code, all moneys in the fund, including moneys deposited from lease payments or loan repayments, are continuously appropriated, without regard to fiscal years, to the department for expenditure pursuant to this chapter. (3) Augmentations to the Child Care Facilities Revolving Fund made in the Budget Act of 2014 shall be used for loans for renovation or repair of existing local educational agency facilities to ensure those facilities meet applicable health and safety standards or the purchase of new relocatable child care and preschool facilities for lease to local educational agencies, for the purpose of expanding access to California state preschool program services pursuant to this chapter. (b) On or before August 1 of each fiscal year, the department shall submit to the Department of Finance and the Legislative Analyst’s Office a report detailing the number of funding requests received and their purpose, the types of agencies that received funding from the Child Care Facilities Revolving Fund, the increased capacity that these facilities generated, a description of the manner in which the facilities are being used, and a projection of the lease payments and loan repayments collected and the funds available for future use. (c) A local educational agency that provides child care pursuant to 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 of the Education Code) is eligible to apply for and receive funding pursuant to this section. (d) Except as provided in subdivision (b) of former Section 8280 of the Education Code, this section shall become inoperative on January 1, 2020. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  19. 10308.5.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Each county must keep child development services spending at least at the 1970–71 fiscal year level, and the funds must be used only for child development and preschool programs unless the county that grants the funds restricts 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10308.5. Each county shall, as a minimum, maintain the level of expenditure for child development services provided by the county during the 1970–71 fiscal year. These funds shall be used exclusively for child development and preschool programs and shall be considered unrestricted funds unless restricted by the county granting the funds. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  20. 10308.7.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must ensure counties comply with Section 10308.5 by withholding funds to a local child care contractor in a county until written county certification is received.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10308.7. (a) The Legislature recognizes that child care and preschool programs have made valuable contributions towards ensuring that public assistance recipients will be able to accept and maintain employment or employment-related training. Therefore, it is the intent of the Legislature that the department ensure that counties comply with the requirements of Section 10308.5. (b) The department shall ensure each county’s compliance with Section 10308.5 by not issuing funds to a local child care contractor within a county until the department has received written certification from that county that the level of expenditure for child care services provided by the county has been maintained at the 1970–71 fiscal year level pursuant to Section 10308.5. Funding provided by a county to a local child care or preschool contractor shall not adversely affect the reimbursement received by the agency from the department pursuant to Sections 10280, 10281.5, and 10282.5. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  21. 10309.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must publish the methodology and data used to allocate child care funds, and must make the allocation accounting information public within 90 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10309. The department shall publish the methodology and data used, including county-specific data if such data is used, for the allocation of all child care funds. The department shall make available to the public within 90 days of an allocation, the accounting information for the allocation. It is the intent of the Legislature to expedite the allocation of funds to the field as quickly as possible. Nothing in this section shall create a requirement for a public hearing on the allocation methodology prior to the issuance of a request for proposal. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  22. 10309.1.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must distribute funding augmentations for child care and development program expansion and use a prioritization formula that favors underserved 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10309.1. (a) The department shall disburse augmentations to the base allocation for the expansion of child care and development programs to promote equal access to child development services across the state. (b) The department shall use the formula developed pursuant to subdivision (c) and the priorities identified by local child care and development planning councils, unless those priorities do not meet the requirements of state or federal law, as a guide in disbursing augmentations pursuant to subdivision (a). (c) The department shall develop a formula for prioritizing the disbursement of augmentations pursuant to this section. The formula shall give priority to allocating funds to underserved areas. The formula shall use the definition of “underserved area” in Section 10213.5 and direct impact indicators of need for child care and development services in the county or subcounty areas. For purposes of this section, “subcounty areas” include, but are not limited to, school districts, census tracts, or ZIP Code areas that are deemed by the department to be most appropriate to the type of program receiving an augmentation. Direct impact indicators of need may include, but are not limited to, the teenage pregnancy rate, the unemployment rate, area household income, or the number or percentage of families receiving public assistance, eligible for Medi-Cal, or eligible for free or reduced-price school meals, and any unique characteristics of the population served by the type of program receiving an augmentation. (d) To promote equal access to services, the department shall include in guidelines developed for use by local planning councils pursuant to subdivision (d) of Section 10486 guidance on identifying underserved areas and populations within counties. This guidance shall include reference to the direct impact indicators of need described in subdivision (c). (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  23. 10309.3.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The Legislature states there is a serious shortage of quality child day care and preschool facilities and says the state should encourage more facilities and financing 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10309.3. The Legislature finds and declares the following: (a) There is a serious shortage of quality child day care and preschool facilities throughout the state. (b) It is in the interest of the state’s children and families, and the state’s economic growth, to encourage the expansion of existing child day care and preschool facilities by assisting communities and interested government and private entities to finance child day care and preschool facilities. (c) In addition to regional resource centers described in Provision 7(d) of Item 6110-196-0001 of the Budget Act of 1999, which focus on developing child care capacity in underserved areas of the state, there is a need to access capital for facilities on a systematic basis, especially to use limited public sector funds to leverage a greater private sector role in financing child day care and preschool facilities. The Legislature finds and declares that a financial intermediary could fill this role and support the regional resource centers and other local entities that work with potential providers by functioning as a centralized repository of training, best practices, and expertise on facilities financing. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  24. 10309.5.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must contract with a nonprofit financial intermediary, and that organization must have qualified staff and carry out financing activities for child care and preschool 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10309.5. (a) The department shall contract with a nonprofit organization to serve as a financial intermediary. The nonprofit organization shall have staff who have expertise in financing and capital expansion, are knowledgeable about the child care and preschool field, and have the ability to develop and implement a plan to increase the availability of financing to renovate, expand, and construct child day care and preschool facilities, both in day care centers and family child care homes. (b) The financial intermediary selected by the department shall undertake activities designed to increase funds available from the private and public sectors for the financing of child day care and preschool facilities. These activities shall include, but are not limited to, all of the following: (1) Soliciting capital grants and program-related investments from foundations and corporations. (2) Building partnerships with foundations and corporations. (3) Developing lending commitments, linked deposits, and other financing programs with conventional financial institutions. (4) Coordinating private sources of capital with existing public sector sources of financing for child day care and preschool facilities, including, but not limited to, the Department of Housing and Community Development and the California Infrastructure and Economic Development Bank. (5) Coordinating financing efforts with the technical assistance provided by the regional resource centers described in Provision 7(d) of Item 6110-196-0001 of the Budget Act of 1999, and other local entities that work with potential providers. (c) This section shall only be implemented to the extent that funds are appropriated for this purpose in the annual Budget Act. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  25. 10309.7.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section directs how certain child care and preschool funds are allocated, used, approved, and reported.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10309.7. (a) The Legislature recognizes the importance of providing quality child care and preschool services. It is, therefore, the intent of the Legislature to assist counties in improving the retention of qualified child care and preschool employees who work directly with children who receive state-subsidized child care and preschool services. (b) It is further the intent of the Legislature, in amending this section during the 2009–10 Regular Session, to address the unique challenges of the County of Los Angeles, in which an estimated 60,000 low-income children receive subsidized child care in nonstate-funded child care settings and an additional 50,000 eligible children are waiting for subsidized services. (c) (1) Except as provided in paragraph (2), the funds appropriated for the purposes of this section by paragraph (11) of Schedule (b) of Item 6110-196-0001 of Section 2.00 of the Budget Act of 2000 (Chapter 52 of the Statutes of 2000), and that are described in subdivision (i) of Provision 7 of that item, and any other funds appropriated for purposes of this section, shall be allocated to local child care and development planning councils based on the percentage of state-subsidized, center-based child care and preschool funds received in that county, and shall be used to address the retention of qualified child care and preschool employees in state-subsidized child care centers and preschools. (2) Of the funds identified in paragraph (1), funds qualified pursuant to subparagraphs (A) to (C), inclusive, may also be used to address the retention of qualified persons working in licensed child care and preschool programs that serve a majority of children who receive subsidized child care and preschool services pursuant to this chapter, including, but not limited to, family child care homes as defined in Section 1596.78 of the Health and Safety Code. To qualify for use pursuant to this paragraph, the funds shall meet all of the following requirements: (A) The funds are allocated for use in the County of Los Angeles. (B) The funds are appropriated in the annual Budget Act. (C) The funds are unexpended after addressing the retention of qualified child care and preschool employees in state-subsidized child care centers and family child care home education networks. (d) The department shall develop guidelines for use by local child care and development planning councils in developing county plans for the expenditure of funds allocated pursuant to this section. These guidelines shall be consistent with the department’s assessment of the current needs of the subsidized child care and preschool workforce, and shall be subject to the approval of the Department of Finance. Any county plan developed pursuant to these guidelines shall be approved by the department prior to the allocation of funds to the local child care and development planning council. (e) Funds provided to a county for the purposes of this section shall be used in accordance with the plan approved pursuant to subdivision (d). A county with an approved plan may retain up to 1 percent of the county’s total allocation made pursuant to this section for reimbursement of administrative expenses associated with the planning process. (f) The department shall provide an annual report, no later than April 10 of each year, to the Legislature, the Department of Finance, and the Governor that includes, but is not limited to, a summary of the distribution of the funds by county and a description of the use of the funds. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  26. 10309.8.

    ## 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department may transfer certain childcare funding between specified programs, but must set transfer criteria, review awards and contracts individually, and send an annual update by October 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 13. Allocations and Expenditures [10300 - 10309.8] ( Chapter 13 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10309.8. (a) (1) Subject to subdivision (f), the department is authorized to transfer funding, including funds that are not allocated to contracts or otherwise fully expended, across and within alternative payment programs described in Chapter 3 (commencing with Section 10225) of this part, including, but not limited to, the Migrant Alternative Payment Program. (2) Subject to subdivision (f), the department is authorized to transfer funding, including funds that are not allocated to contracts or otherwise fully expended, across and within the following programs: (A) Migrant childcare and development programs described in Chapter 6 (commencing with Section 10235) of this part. (B) General childcare and development programs described in Chapter 7 (commencing with Section 10240) of this part. (C) Family childcare home education networks described in Chapter 8 (commencing with Section 10250) of this part. (D) Childcare and development programs for children with severe disabilities as described in Chapter 9 (commencing with Section 10260) of this part. (b) The department shall establish criteria for transfers of funding under this section that prioritize the following: (1) Maintaining funding for subsidized childcare services in the same county or region in which the initial award was issued. (2) Maintaining funding within the same program type for which the funds were initially issued. (3) Providing funds to contractors in good standing. (4) Providing funds to areas outside of the county or region where the initial award was issued if the department determines circumstances warrant the directed funds. (5) Supporting populations in areas that the department determines would benefit from increased funding opportunities. (6) Supporting contractors that the department determines have the ability to immediately provide childcare services in response to exigent circumstances. (c) The department shall review subsidized childcare awards and contracts on an individual basis to determine a contractor’s readiness to serve children pursuant to the initial award. If the department determines that the contractor has not made sufficient progress toward serving children with awarded or allocated funds, the department may partially or fully redirect those funds across and within programs as specified in subdivision (a), subject to subdivision (b). (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 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. (e) By no later than October 1 of each year, the department shall update the Assembly Committee on Budget, the Senate Budget and Fiscal Review Committee, and the Legislative Analyst’s Office on transfers made pursuant to this section. The update shall include all of the following information: (1) The amount of funds transferred pursuant to this section during the prior year, disaggregated by program, and the number of slots associated with these funds. (2) The amount of funds transferred pursuant to this section to another childcare and development program. (3) The amount of funds transferred pursuant to this section that remained within the same childcare and development program. (f) (1) This section shall only be implemented to the extent not prohibited by federal law, regulation, and directives. (2) This section shall only be implemented if, and to the extent to which, the department determines that children served by the programs specified in subdivision (a) may be provided with better service through the redirection of funds across and within those programs. (Added by Stats. 2026, Ch. 25, Sec. 33. (AB 150) Effective June 29, 2026.)
  27. 10310.1.

    ## 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 14. Child Care and Development Infrastructure and Workforce Development [10310.1 - 10311] ( Chapter 14 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must run a child care infrastructure grant program and award grants to eligible providers, while recipients must use funds as supplements and provide program data.

    ## 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 14. Child Care and Development Infrastructure and Workforce Development [10310.1 - 10311] ( Chapter 14 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10310.1. (a) The department shall administer the Child Care and Development Infrastructure Grant Program to expand access to child care and development and preschool opportunities for children up to five years of age by providing resources to build new facilities or retrofit, renovate, repair, or expand existing facilities as provided in this section. (b) (1) The department shall award infrastructure grants on a competitive basis to either of the following: (A) Child care and development and preschool providers that are not local educational agencies and that are one or more of the following: (i) A child care center or family child care home serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225). (ii) A migrant child care and development program serving children pursuant to Chapter 6 (commencing with Section 10235). (iii) A child care center or family child care home education network serving children through 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. (iv) A child care center or family child care home serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240). (v) A family child care home education network serving children pursuant to Chapter 8 (commencing with Section 10250). (vi) Child care and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260). (vii) A child care center or family child care home serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370). (viii) A child care center or family child care home serving children through the Emergency Child Care Bridge Program for Foster Children pursuant to Section 11461.6. (B) Child care and development and preschool providers that are not local educational agencies and that meet two or more of the following: (i) Have a demonstrated need for expanded access to subsidized child care and development and preschool programs as measured by the ratio of children in state and federally subsidized child care and development and preschool programs to eligible children in the applicant’s service area. (ii) Are located in low-income communities, as measured by the proportion of children that qualify for state or federal subsidies for child care and development and preschool programs. (iii) Plan to use grant funding to serve children that qualify for state or federal subsidies for child care and development and preschool programs. (iv) Serve children from birth to five years of age, inclusive, with exceptional needs in inclusive environments. (v) Wish to recover lost capacity as a result of a state or federally declared disaster. (2) The department shall award infrastructure grants for any of the following purposes: (A) Construction of new child care and development and preschool facilities to increase capacity or recover lost capacity as a result of a state or federally declared disaster. (B) Renovation, repair, modernization, or retrofitting of existing child care and development and preschool facilities to increase capacity or recover lost capacity as a result of a state or federally declared disaster, or make existing child care and development and preschool facilities more resilient for future natural disasters. (C) Renovation, repair, modernization, or retrofitting of existing facilities for use as child care and development and preschool facilities. (D) Renovation, repair, modernization, or retrofitting of existing child care and development and preschool facilities to address needs related to the COVID-19 pandemic and other health and safety or licensure needs. (c) The department shall award grants to applicants based upon criteria established by the department. The department shall release guidance to the public outlining the criteria for grant awards and the application process. (d) The department shall give priority for grant funding to both of the following: (1) Applicants with a demonstrated need for expanded access to subsidized child care and development and preschool programs, as measured by the ratio of children in subsidized child care and development and preschool programs to eligible children in the applicant’s service area. (2) Applicants who are currently serving subsidized children in programs described in subparagraph (A) of paragraph (1) of subdivision (b) and who are not eligible for federal funding for these purposes. (e) Infrastructure grants may be used for any of the following: (1) One-time infrastructure costs, including, but not limited to, universal design facility renovations, retrofitting to meet licensing requirements, the cost of design, engineering, testing, inspections, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to removal of hazardous substances at a new or existing site, demolition, construction, landscaping, or other related costs as determined by the department. (2) Facility maintenance and improvements, including, but not limited to, maintenance and minor renovations to address concerns related to the COVID-19 pandemic such as nonstructural changes to create space for social distancing, minor remodeling and upgrading of facilities to meet licensing requirements or health and safety standards, or other related costs as determined by the department. (f) The department shall determine the appropriate grant amount for each grantee, based upon factors that include, but are not limited to, the scope of the project, regional costs, the use of universal design to provide inclusive environments, the need to meet licensing requirements or health and safety standards, and the proportion of children receiving subsidies to be served. (g) The department shall establish the terms and conditions associated with accepting the infrastructure grant funds awarded pursuant to this section. (h) The grant program shall offer technical assistance to potential applicants before being awarded a grant, including, but not limited to, project development support and financial expertise, including assistance with coordinating financing from multiple sources. (i) Infrastructure grant recipients shall commit to providing program data to the department, as specified by the department, and shall participate in overall program evaluation. (j) The department, with the concurrence of the Department of Finance, may establish an appropriate method, process, and structure for grant management, fiscal accountability, and technical assistance and supports for grantees that ensures transparency and accountability in the use of state funds. The department, at its discretion, may set aside a percentage of the amounts appropriated for the program to contract with one or more community development financial intermediaries, state financial entities, or other community-based organizations for these purposes. (k) For purposes of this section, “state or federally declared disaster” means counties where child care and development and preschool providers are operating subject to a Presidential declaration of an emergency or major disaster, pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), or a Governor’s Proclamation, on behalf of the impacted local government, as authorized by the powers authorized by the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). (l) A grantee that receives funds under this section shall supplement, and not supplant, federal, state, and local public funds expended for these purposes. (m) Notwithstanding subdivision (g) and 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 means of all-county letters or similar instructions. (n) This section shall take effect only to the extent that funds are appropriated for this program by the Legislature. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  28. 10310.2.

    ## 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 14. Child Care and Development Infrastructure and Workforce Development [10310.1 - 10311] ( Chapter 14 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must run and fund a disaster-related infrastructure grant program for eligible childcare providers and facilities affected by declared disasters.

    ## 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 14. Child Care and Development Infrastructure and Workforce Development [10310.1 - 10311] ( Chapter 14 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10310.2. (a) Subject to an appropriation made by the Legislature for this purpose, the department shall administer and implement a program for disaster-related infrastructure grants, in accordance with the requirements, conditions, and allowable uses established by the applicable funding source, to support childcare facilities that are listed in subdivision (b) and that are impacted by a state-or federally declared disaster. (b) The department shall award the disaster-related infrastructure grants described in subdivision (a) on a competitive or noncompetitive basis, as determined by the department and in accordance with this section, to any of the following: (1) A childcare center or family childcare home serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225). (2) A childcare center or family childcare home serving children in a migrant childcare and development program pursuant to Chapter 6 (commencing with Section 10235). (3) A childcare center or family childcare home serving children through 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. (4) A childcare center or family childcare home serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240). (5) A family childcare home serving children pursuant to Chapter 8 (commencing with Section 10250). (6) An entity providing childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260). (7) A childcare center or family childcare home serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370). (8) A childcare center or family childcare home serving children through the Emergency Child Care Bridge Program for Foster Children pursuant to Section 11461.6. (9) Any licensed childcare facility, or a tribal childcare program operating pursuant to tribal law or regulations, that provides services in an area impacted by a state- or federally declared disaster. (c) The department shall award disaster-related infrastructure grants in accordance with funding received for either of the following purposes: (1) Renovation and repair of existing childcare facilities that have been damaged or otherwise impacted as a result of a state- or federally declared disaster. (2) Repair or replacement of materials, supplies, furnishings, outdoor play spaces, and nonfixed equipment that have been damaged, destroyed, or otherwise impacted as a result of a state- or federally declared disaster. (d) The department shall award grants to applicants based on criteria, as established by the department, in a manner consistent with this section. The department shall release guidance to the public outlining the criteria for grant awards and the application process. (e) The department shall give priority based on criteria established by the department for grant funding, which may include prioritizing applicants that are currently serving subsidized children in facilities described in subdivision (b) and who are not eligible for federal funding for these purposes. (f) The department shall determine the appropriate grant amount for each grantee, based on factors that include, but are not limited to, the scope of the project, regional costs, the use of universal design to provide inclusive environments, the need to meet licensing requirements or health and safety standards, and the proportion of children receiving subsidies to be served. (g) The department shall establish the terms and conditions associated with accepting the infrastructure grant funds awarded pursuant to this section. (h) The grant program shall offer technical assistance to potential applicants before being awarded a grant, including, but not limited to, project development support and financial expertise, including assistance with coordinating financing from multiple sources. (i) Disaster-related infrastructure grant recipients shall provide program data to the department, as specified by the department, and shall participate in overall program evaluation. (j) The department, with the concurrence of the Department of Finance, may establish an appropriate method, process, and structure for grant management, fiscal accountability, and technical assistance and supports for grantees that ensure transparency and accountability in the use of state funds. The department, at its discretion, may set aside a percentage of the amounts appropriated for the program to contract with one or more community development financial intermediaries, state financial entities, or other community-based organizations for these purposes. (k) For purposes of this section, the following definitions apply: (1) “Disaster-related infrastructure grant” means an infrastructure grant made available to, at least in part, support a childcare facility for either of the purposes identified in subdivision (c), following the declaration of a state- or federally declared disaster. (2) “State- or federally declared disaster” means a circumstance in which a childcare and development provider or preschool provider is operating subject to an emergency or major disaster declaration by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), or subject to an emergency proclamation by the Governor, on behalf of the impacted local government, as authorized pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). A “state- or federally declared disaster” may include, but is not limited to, a fire, flood, earthquake, or period of civil unrest, subject to the conditions described in this subdivision. (l) A grantee that receives funds under this section shall use these funds to supplement, and not supplant, other federal, state, and local public funds expended for these purposes. (m) 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 means of all-county letters or similar instructions. (Added by Stats. 2026, Ch. 25, Sec. 34. (AB 150) Effective June 29, 2026.)
  29. 10311.

    ## 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 14. Child Care and Development Infrastructure and Workforce Development [10310.1 - 10311] ( Chapter 14 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The Superintendent of Public Instruction must administer and fund the Early Learning and Care Workforce Development Grants Program, and grant recipients must submit plans and program data.

    ## 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 14. Child Care and Development Infrastructure and Workforce Development [10310.1 - 10311] ( Chapter 14 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10311. (a) The Superintendent of Public Instruction shall, subject to an appropriation for this purpose in the annual Budget Act, administer the Early Learning and Care Workforce Development Grants Program to expand the number of qualified early learning and care professionals and increase the educational credentials of existing early learning and care professionals across the state, pursuant to this section. (b) The Superintendent of Public Instruction shall, subject to an appropriation for this purpose in the annual Budget Act, award and administer the workforce development grants to local, regional, or local and regional quality improvement partnerships, as defined by the Superintendent of Public Instruction, consistent with the Quality Rating and Improvement System local consortia, as defined in Section 8203.1 of the Education Code, representing all counties of the state. A local, regional, or local and regional quality improvement partnership may form a consortia with one or more regional partners. All local, regional, or local and regional quality improvement partnerships shall submit a plan to the State Department of Education that describes how they will allocate funds and increase the number, qualifications, and competencies of early learning and care professionals in their county or region. The plan shall also describe how local partnerships will engage in collaborative partnerships with their members, local governmental agencies, businesses, nonprofit organizations, or other interested partners to improve the educational attainment of early learning and care professionals in their county or region, including those working in centers, family child care homes, and license-exempt settings that serve a majority of children who receive subsidized early learning and care services or are eligible to received subsidized early learning and care services, pursuant to this part. (c) Workforce development grant award amounts shall be determined based on the following criteria: (1) Demonstrated need for early learning and care professionals in each county or region. (2) The cost of living in each county or region. (3) The number of children under 13 years of age in each county or region who are in a family whose income is up to 85 percent of the state median income. (d) Workforce development grants may be used for costs associated with the educational expenses of current and future early learning and care professionals that move those professionals along the early learning and care career lattice and support their attainment of increased education or English language proficiency, as well as professional development in early childhood instruction or child development, including developing competencies in serving children with exceptional needs and dual language learners. Allowable uses of funds include: (1) Tuition, supplies, and other related educational expenses. (2) Transportation and child care costs incurred as a result of attending classes. (3) Substitute teacher pay for early learning and care professionals that are currently working in a subsidized early learning and care setting. (4) Stipends and professional development expenses, aligned to the Quality Counts California professional development system in that area, as determined by the Superintendent of Public Instruction. (5) Career, course, and professional development coaching, counseling, and navigation services. (6) Other educational expenses as determined by the Superintendent of Public Instruction. (e) Local, regional, or local and regional quality improvement partnerships awarded funding pursuant to this section may partner with local or online accredited higher education institutions, local agencies that provide high-quality, credit-bearing trainings, or apprenticeship programs that integrate and embed higher education coursework with on-the-job training of professionals. (f) The Superintendent of Public Instruction may set aside no more than 1 percent of the total funding appropriated for the Early Learning and Care Workforce Development Grants Program to provide technical assistance and support for grantees and potential grantees on developing proposals for and implementing workforce development grants. (g) Local, regional, or local and regional quality improvement partnerships receiving grants shall commit to providing program data to the State Department of Education, as specified by the Superintendent of Public Instruction, including, but not limited to, recipient information, educational progress, and employment status, and participate in overall program evaluation. (h) The Superintendent of Public Instruction shall provide a report to the Governor as well as the appropriate policy and fiscal committees of the Legislature by October 1 of any year in which grants are awarded pursuant to this section on the expenditure of funds as well as relevant outcome data in order to evaluate the impact of the program. (i) Notwithstanding any other provision of this section, the Superintendent of Public Instruction, with the concurrence of the executive director of the State Board of Education, shall recommend to the Department of Finance and the budget committees of the Legislature by January 1, 2021, any changes to the funding methodology in this section related to the recommendations and priorities provided pursuant to former Section 8207 of the Education Code. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  30. 10315.

    ## 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 15. Transfer of Information [10315- 10315.] ( Chapter 15 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    A preschool or infant and toddler program must give parents or guardians certain beneficial child information before a child moves to a local public school, and it may transfer that information to the elementary school with parent or guardian permission.

    ## 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 15. Transfer of Information [10315- 10315.] ( Chapter 15 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10315. (a) The Legislature finds and declares that the state makes a substantial, annual investment in preschool, infant and toddler, and schoolage child development programs for eligible families. It is in the best interests of children and their families, and the taxpayers of California, to have information about the development and learning abilities of children developed in these settings, health and other information transferred to, or otherwise available to, the pupil’s elementary school. (b) When a child in a state-funded preschool or infant and toddler program will be transferring to a local public school, the preschool or infant and toddler program shall provide the parent or guardian with information from the previous year deemed beneficial to the pupil and the public school teacher, including, but not limited to, development issues, social interaction abilities, health background, and diagnostic assessments, if any. The preschool or infant and toddler program may, with the permission of the parent or guardian, transfer this information to the pupil’s elementary school. (c) Any child who has participated in a state subsidized preschool that maintains results-based standards, including the desired results accountability system, may have the performance information transferred to any subsequent or concurrent public school setting. Any transferred information shall be in summary form and only accomplished with the permission of the parent or guardian. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  31. 10320.

    ## 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 16. Early Childhood Policy Council [10320- 10320.] ( Chapter 16 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section creates the Early Childhood Policy Council and requires it to advise state leaders, hold advisory committees, meet regularly, and produce an annual public 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 16. Early Childhood Policy Council [10320- 10320.] ( Chapter 16 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10320. (a) The Early Childhood Policy Council is hereby established to advise the Governor, the Legislature, and the department on statewide early learning and care policy, including the planning for, and the implementation and evaluation of, the state’s Master Plan for Early Learning and Care and the 2019 California Assembly Blue Ribbon Commission on Early Childhood Education Final Report. (b) (1) The council shall maintain at least two ongoing standing advisory committees: a parent advisory committee appointed pursuant to subdivision (e) and a workforce advisory committee appointed pursuant to subdivision (f). (2) The council shall include 27 members who shall serve at the pleasure of their appointing authority as follows: (A) Fourteen members appointed by the Governor, including those required pursuant to Section 9837b of Title 42 of the United States Code. One of the Governor’s appointees shall be the chairperson of the council. (B) Four members appointed by the Speaker of the Assembly. (C) Four members appointed by the Senate Committee on Rules. (D) One member appointed by the Superintendent of Public Instruction. (E) Two members of the parent advisory committee, appointed by that committee. (F) Two members of the workforce advisory committee, appointed by that committee. (3) Members of the council shall include stakeholder representatives reflecting the comprehensive childcare system; represent the ethnic, racial, and language diversity of the state; and represent geographic diversity and those communities separated from opportunity due to poverty, racial bias, language, geographic isolation, disability, and other factors. (4) Members of the council shall serve no longer than six years. (5) To the extent funding for the council is provided in the annual Budget Act, language interpretation services shall be provided at convenings of the council and its committees to ensure language access and meaningful participation. (6) To the extent funding for the council is provided in the annual Budget Act, members of the council or its committees who are provider participants or parent representatives shall be reimbursed as necessary for their reasonable expenses, including travel, a stipend to cover childcare costs, lost wages, and expenses for substitutes for attending council meetings. (c) The council shall do all of the following: (1) Convene at least four public meetings per year. These meetings shall provide access for participants throughout the state. (2) Advise the Governor and perform activities required pursuant to Section 9837b of Title 42 of the United States Code. (3) (A) Prepare a formal public annual report on the work of the council that includes, at a minimum, the successes, challenges, and gaps in the state’s early childhood education systems and recommendations to facilitate advancing the state’s vision for children, families, and communities. (B) The council shall annually submit the report described in subparagraph (A) to the appropriate fiscal and policy committees of the Legislature in compliance with Section 9795 of the Government Code. (4) Provide specific recommendations directly to the Governor, the Legislature, and the department on all aspects of the state’s early childhood education system, including on the following topics: (A) Equity, with consideration for demographic, geographic, and economic diversity, and with a focus on family-centered two-generation approaches. (B) Opportunities to incorporate a support model of accountability, as opposed to a compliance model of accountability, into the state’s early childhood education system. (C) Ways that the state’s Master Plan for Early Learning and Care and the 2019 California Assembly Blue Ribbon Commission on Early Childhood Education Final Report can be updated and improved. (5) Develop policy proposals and budget requests for the Legislature to consider related to facility needs, workforce needs, and family access. (d) Staff for the council and its committees shall be provided by the California Health and Human Services Agency. From funding appropriated for purposes of this section, up to three hundred thousand dollars ($300,000) may be used by the California Health and Human Services Agency for the costs to provide staff for the council and its committees. (e) (1) The parent advisory committee shall be a standing committee of the council. (2) The parent advisory committee shall include nine members who shall serve at the pleasure of their appointing authority as follows: (A) Three members appointed by the Governor, including one consumer who receives services from a childcare center provider, one consumer who is on a subsidy waiting list at the time of the appointment, and one consumer who is a parent of a child with exceptional needs, as defined in Section 10213.5, who receives services from a childcare provider. (B) Three members appointed by the Speaker of the Assembly, including one consumer who receives services from a family childcare home provider or a family, friend, or neighbor provider, one consumer who is a current or former CalWORKs childcare recipient, and one consumer who is connected to the child welfare system. (C) Three members appointed by the Senate Committee on Rules, including one consumer who receives services from a transitional kindergarten provider, one consumer who represents a tribal organization who receives services from a childcare provider, and one consumer who pays privately for childcare. (3) The Governor shall designate the chairperson of the parent advisory committee. (4) If a person cannot be found to satisfy the requirements of paragraph (2), the appointing authority may designate an alternate committee member. (5) The parent advisory committee shall provide recommendations to the council and other entities on all aspects of early childhood education, including all of the following: (A) Equity, access, and best practices for engaging families. (B) Creating warm and welcoming care environments. (C) How to develop local and state partnerships to support the best outcomes for families that interact with the state’s early childhood education system. (f) (1) The workforce advisory committee shall be a standing committee of the council. (2) The workforce advisory committee shall include nine members who shall serve at the pleasure of their appointing authority as follows: (A) Three members appointed by the Governor, including one licensed family childcare home provider, one center-based childcare director from a subsidized childcare program, and one representative from a statewide organization representing childcare providers. (B) Three members appointed by the Speaker of the Assembly, including one family, friend, or neighbor childcare provider, one representative from a Head Start program provider, and one representative from a community college that operates a program that provides early childcare education coursework and laboratory school experience. (C) Three members appointed by the Senate Committee on Rules, including one representative from a childcare provider experienced in providing services to children with exceptional needs, as defined in Section 10213.5, in a full-inclusion environment, one center-based childcare teacher from a subsidized childcare program, and one provider who provides services to children from a tribal organization. (3) The Governor shall designate the chairperson of the workforce advisory committee. (4) If a person cannot be found to satisfy the requirements of paragraph (2), the appointing authority may designate an alternate committee member. (5) The workforce advisory committee shall provide recommendations to the council and other entities on all aspects of early childhood education on an ongoing basis. (Amended by Stats. 2025, Ch. 268, Sec. 1. (AB 563) Effective January 1, 2026.)
  32. 10330.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. )

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    School districts, and county superintendents of schools with county board approval, may establish and run child development programs, but only with department approval and subject to department 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10330. The governing board of any school district or a county superintendent of schools with the approval of the county board of education is authorized to establish and maintain child development programs upon the approval of, and subject to the regulations of the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  33. 10331.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The county superintendent of schools may establish and maintain child development programs and centers, but only with the required approvals; it cannot alone levy or collect local taxes for their 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10331. (a) The county superintendent of schools in each county, with the approval of the county board of education and the department, shall have the authority to establish and maintain child development programs and centers in the same manner and to the same extent as governing boards of school or community college districts, except that nothing in this section shall be construed as vesting in the county superintendents of schools any authority to alone effect the levy and collection of any county, school, or other local taxes for the support of any child development programs and centers. (b) The establishment and maintenance of any child development program and center by the county superintendent of schools shall be undertaken, subject to the prior approval of both the county board of education and the department, upon the application of one or more school districts under their jurisdiction. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  34. 10332.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A school district governing board or county superintendent of schools may support child development services by accommodating children from another district, using and maintaining facilities and personnel, and adopting reasonable rules that do not conflict with law or department 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10332. The governing board of any school district or the county superintendent of schools may do the following: (a) Accommodate in a child development facility maintained by it children residing in another district, upon terms and under conditions agreed upon by the governing boards of both districts. (b) Permit the use of, and furnish maintenance for, buildings, grounds, and equipment, and the use of existing administrative personnel for the purposes of this chapter. (c) Adopt reasonable rules and regulations governing the child development services or facilities maintained by it that are not in conflict with law or the standards and regulations established for child development services by the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  35. 10333.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain school district, community college district, and county superintendent preschool child-development employees have the same rights and privileges as employees in children’s centers.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10333. The employees of school districts or community college districts, or county superintendents of schools in preschool and other types of child development services under this division shall have the same rights and privileges as are granted to employees of the same agencies in children’s centers. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  36. 10334.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain child development operators may make agreements with the Employment Development Department to give work incentive program participants training in child development 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10334. Notwithstanding any other provisions of this chapter, a public or private agency, a school district, a community college district or a county superintendent of schools operating child development facilities may enter into an agreement with the Employment Development Department which will provide an opportunity to participants in work incentive programs under Division 2 (commencing with Section 5000) of the Unemployment Insurance Code for training in child development facilities. Training pursuant to such agreement shall have the objective of preparation for a career in the field of child development. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  37. 10335.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Local school, college, and other local government boards may make agreements with public agencies, private foundations, or nonprofit corporations to obtain or provide property, facilities, personnel, supplies, equipment, and other needed items.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10335. Notwithstanding any other provision of this chapter, the governing board of a school district or community college district, county superintendent of schools, or other unit of local general purpose government may enter into agreements with any city, city and county, or other public agency, or with a private foundation or nonprofit corporation, for the furnishing to, or use by, the governing board, county superintendent of schools, or other unit of local general purpose government in carrying out the provisions of this part, of property, facilities, personnel, supplies, equipment and other necessary items and such city, county, city and county, other public agency, or private foundation or nonprofit corporation, is authorized to enter into such agreements. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  38. 10336.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. )

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    School district governing boards or county superintendents must create a child development fund in the county treasury, and program costs must be paid from that fund. Certain district funds may also be used for child development 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10336. (a) The governing board of any school district or the county superintendent of schools shall establish in the county treasury a fund to be known as the “child development fund” into which shall be paid all funds received by the district or the county for, or from the operation of, child development services under this chapter. The costs incurred in the maintenance and operation of child development services shall be paid from the fund, with accounting to reflect specific funding sources. (b) Funds of a district derived from the receipt of district taxes or derived from moneys apportioned to the district for the support of schools thereof, in addition to state moneys appropriated for the support of child development services, fees, and federal funds, may be expended for, or in connection with child development services. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  39. 10337.

    ## 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A school district governing board may budget the amount needed for a child development program, and the board of supervisors must levy a school district tax to raise that 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 17. Local Programs [10330 - 10337] ( Chapter 17 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10337. The governing board of any school district maintaining a child development program may include in its budget the amount necessary to initiate, operate, and maintain a child development program pursuant to this chapter and the board of supervisors shall levy a school district tax necessary to raise that amount. The tax shall be in addition to any other school district tax authorized by law to be levied. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  40. 10350.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The City and County of San Francisco may create and run an individualized county child care subsidy plan.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10350. The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  41. 10351.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. )

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    San Francisco must develop a county child care subsidy plan with the department before implementing the local subsidy plan.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10351. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements: (a) An assessment to identify the city and county’s goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following: (1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition. (2) The current supply of available subsidized child care. (3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs. (4) The city and county’s self-sufficiency income level. (5) Income eligibility levels for subsidized child care. (6) Family fees. (7) The cost of providing child care. (8) The regional market rates, as established by the department, for different types of child care. (9) The standard reimbursement rate or state per diem for centers operating under contracts with the department. (10) Trends in the county’s unemployment rate and housing affordability index. (b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and county’s achievement of its desired outcomes for subsidized child care. (1) The local policy shall do all of the following: (A) Prioritize lowest income families first. (B) Follow the family fee schedule established pursuant to Section 10290 of this code or Section 8252 of Education Code, as applicable, for those families that are income eligible, as defined by Section 10271.5 of this code or Section 8213 of the Education Code, as applicable. (C) Meet local goals that are consistent with the state’s child care goals. (D) Identify existing policies that would be affected by the city and county’s child care subsidy plan. (E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted. (ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 10352, or modified pursuant to subdivision (c) of Section 10352. (iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable. (2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 2004–05 fiscal year. (B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 2004–05 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent. (C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan. (3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors: (A) Provide a family that qualifies for the second or third stage of child care services pursuant to Chapter 21 (commencing with Section 10370), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Chapter 21 (commencing with Section 10370). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Chapter 21 (commencing with Section 10370) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 10271.5 of this code or Section 8213 of the Education Code, as applicable. (C) Reimbursement rates, including adjustment factors identified in Section 10281.5 of this code or Section 8244 of the Education Code, as applicable. (D) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies. (c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county. (d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and county’s child care goals and to overcome any barriers identified in the state’s child care subsidy system. The department shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 10352. (e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county. (f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  42. 10352.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The plan must be submitted for local approval, then held at a public hearing, and sent to the department for review; the department must decide within 30 days and may reject only nonconforming or federal-law-conflicting portions.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10352. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 10480, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review. (b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. (c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan. (d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this chapter or Chapter 18 (commencing with Section 10340) or that are in conflict with federal law. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  43. 10353.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    San Francisco must prepare and submit a report at least every three years using the department’s template.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10353. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature and the department a report that summarizes the success of the city and county’s plan, and the city and county’s ability to maximize the use of funds and to improve and stabilize child care in the city and county. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  44. 10354.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Any modifications to the plan must be submitted using the procedures in Chapter 18 starting at Section 10340.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10354. Any modifications to the plan shall be submitted in conformance with the procedures established in Chapter 18 (commencing with Section 10340). (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  45. 10355.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    A participating contractor must receive the funding increase or decrease it would have received if it had not joined the local subsidy plan.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10355. A participating contractor shall receive any increase or decrease in funding that the contractor would have received if the contractor had not participated in the local subsidy plan established by this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  46. 10356.

    ## 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Preschool parts of the plan are overseen by the State Department of Education, and all other child care program parts are overseen 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 19. Child Care Subsidy Plan for the City and County of San Francisco [10350 - 10356] ( Chapter 19 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10356. Commencing on the effective date of the act that added this section, the components of the plan relating to preschool shall be overseen by the State Department of Education and the components of the plan addressing all other child care programs shall be overseen by the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  47. 10360.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The County of San Mateo’s individualized child care subsidy plan may continue and be implemented, and it must ensure subsidies address local needs, conditions, and priorities of working 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10360. On and after July 1, 2014, the individualized county child care subsidy plan for the County of San Mateo that was developed as a pilot project pursuant to Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as that article read on January 1, 2013, may continue in existence and may be implemented in accordance with the provisions of this chapter. The plan shall ensure that child care subsidies received by the County of San Mateo are used to address local needs, conditions, and priorities of working families in those communities. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  48. 10361.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    For this chapter, “county” means the County of San Mateo.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10361. For purposes of this chapter, “county” means the County of San Mateo. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  49. 10362.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section defines a county child care subsidy “plan” and sets out what the county, the department, and the plan administrator must do if a plan is developed.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10362. For purposes of this chapter, “plan” means an individualized county child care subsidy plan developed and approved as described in Section 10360, which includes all of the following: (a) An assessment to identify the county’s goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following: (1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition. (2) The current supply of available subsidized child care. (3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs. (4) The county’s self-sufficiency income level. (5) Income eligibility levels for subsidized child care. (6) Family fees. (7) The cost of providing child care. (8) The regional market rates, as established by the department, for different types of child care. (9) The standard reimbursement rate or state per diem for centers operating under contracts with the department. (10) Trends in the county’s unemployment rate and housing affordability index. (b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care. (2) The local policy shall do all of the following: (A) Prioritize lowest income families first. (B) Follow the family fee schedule established pursuant to Section 10290 of this code or Section 8252 of Education Code, as applicable, for those families that are income eligible, as defined by Section 10271.5 of this code or Section 8213 of the Education Code, as applicable. (C) Meet local goals that are consistent with the state’s child care goals. (D) Identify existing policies that would be affected by the county’s plan. (E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy. (ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 10363. (iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable. (3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors: (A) Provide a family that qualifies for the second or third stage of child care services pursuant to Chapter 21 (commencing with Section 10370), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Chapter 21 (commencing with Section 10370). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Chapter 21 (commencing with Section 10370) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 10271.5 of this code or Section 8213 of the Education Code, as applicable. (C) Reimbursement rates, including adjustment factors identified in Section 10281.5 of this code or Section 8244 of the Education Code, as applicable. (D) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies. (c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the county’s plan. (d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system. (e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county. (f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  50. 10363.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Plan modifications must follow Chapter 18 procedures, and the department must review each modification within 30 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10363. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Chapter 18 (commencing with Section 10340). (b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan. (c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this chapter or Chapter 18 (commencing with Section 10340) or that are in conflict with federal law. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  51. 10364.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The county must prepare and submit a report at least once every three years, using the department’s template, to the Legislature and 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10364. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  52. 10365.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    A participating contractor must receive the same funding increase or decrease it would have received without participating in the plan.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10365. A participating contractor shall receive any increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  53. 10366.

    ## 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The preschool parts of the plan must be overseen by the State Department of Education, and the rest of the child care program parts must be overseen 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 20. Individualized County of San Mateo Child Care Subsidy Plan [10360 - 10366] ( Chapter 20 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10366. Commencing on the effective date of the act that added this section, the components of the plan relating to preschool shall be overseen by the State Department of Education and the components of the plan addressing all other child care programs shall be overseen by the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  54. 10370.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section says CalWORKs child care should be connected to local resources, kept continuous through stage transitions, and not stopped until the next stage confirms enrollment or ineligibility.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10370. (a) It is the intent of the Legislature in enacting this chapter to ensure that recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program, and former recipients who have left aid for employment, are connected as soon as possible to local child care resources, make stable child care arrangements, and continue to receive subsidized child care services after they no longer receive aid as long as they require those services and meet the eligibility requirements set forth in Sections 10271 and 10271.5. (b) This chapter establishes three stages of child care services through which a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program, will pass. Further, as families’ child care needs are met by county welfare departments and later by other local child care and development contractors, it is the intent of the Legislature that families experience no break in their child care services due to a transition between the three stages of child care services. (c) In order to ensure that there is no disruption in child care services due to the planned transitions between the stages of CalWORKs child care, the first stage or the second stage of child care services shall not be discontinued until confirmation is received from the administrator of the subsequent stage of child care that the family has been enrolled in the subsequent stage of child care, or that the family is ineligible for services in the subsequent stage of child care. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  55. 10370.5.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Current CalWORKs recipients may receive all childcare services under this chapter if they keep receiving aid, and CalWORKs childcare recipients may not participate in more than one childcare stage at the same 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10370.5. (a) Current CalWORKs recipients are eligible for all childcare services under this chapter as long as they continue to receive aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program. Family size and income, for purposes of calculating family fees, shall be determined pursuant to Section 10271. (b) A CalWORKs childcare recipient shall not participate in more than one stage of childcare at any given time. (Amended by Stats. 2026, Ch. 25, Sec. 35. (AB 150) Effective June 29, 2026.)
  56. 10371.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The county welfare department must manage the first stage of child care subsidies, and counties must move recipients out of that stage as soon as the child care need is stable.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10371. (a) The county welfare department shall manage the first stage during which a family shall receive a child care subsidy for any legal care chosen by the parent. The first stage begins upon the entry of a person into the program prescribed by Chapter 2 (commencing with Section 11200) of Part 3. (b) A county shall move recipients out of this first response stage as quickly as possible after the county determines that the need for child care is stable. A recipient may be served in this stage for a maximum of six months. The six-month time limit may be extended if the county determines that the recipient’s situation is too unstable to be shifted to the second stage or if no funds are available to provide child care services in the second stage. (c) Former CalWORKs recipients who cannot be transitioned from the first stage of child care because no funded slot is available are eligible to receive the first stage and any subsequent stage two child care services for up to a total of 24 months after they leave cash aid, or until they are otherwise ineligible within that 24-month period. Family size and income for purposes of determining eligibility and family fee shall be determined pursuant to Sections 10271 and 10271.5. (d) The county welfare department shall also begin the first stage of child care when an individual who applies for aid under the program described in Chapter 2 (commencing with Section 11200) of Part 3 is participating as a volunteer pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3. (e) A county may contract with public or private child care providers to provide any or all of the services during the first stage. If the county welfare department elects to contract with any child care provider that is also under contract with the department, these contracts shall be consistent with state law. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  57. 10371.5.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    County welfare departments and child care programs must refer families, coordinate communication, help arrange child care, and quickly stop and notify parents when a licensed facility’s payment is affected by revocation, suspension, or 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10371.5. (a) As soon as appropriate, a county welfare department shall refer families needing child care services to the local child care resource and referral program funded pursuant to Chapter 2 (commencing with Section 10217). Resource and referral program staff shall colocate with a county welfare department’s case management offices for aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program, or arrange other means of swift communication with parents and case managers of this aid. The local child care resource and referral program shall assist families to establish stable child care arrangements as soon as possible. These child care arrangements may include licensed and license-exempt care. (b) 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. (c) A program operating pursuant to this chapter shall, upon being notified that a licensed child 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.)
  58. 10372.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section governs second-stage CalWORKs child care, including who may receive it, how it is administered, and a limit on post-aid child care eligibility.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10372. (a) The second stage of child care begins when the county determines that the recipient’s work or approved work activity is stable or when a recipient is transitioning off of aid and child care is available through a local stage two program. Second stage child care may be provided to a family who elects to receive a lump-sum diversion payment or diversion services under Section 11266.5 when a funded space is not immediately available for the family in third stage. The local stage two agency shall assist in moving families to stage three as quickly as feasible. Former CalWORKs recipients are eligible to receive child care services in stage one and stage two for up to a total of no more than 24 months after they leave cash aid, or until they are otherwise ineligible within that 24-month period. Family size and income for purposes of determining eligibility and calculating the family fee shall be determined pursuant to Sections 10271 and 10271.5. A family leaving cash aid under the CalWORKs program shall receive up to two years of child care, if otherwise eligible, as needed to continue the family’s employment. The provision of the two-year time limit is not intended to limit eligibility for child care under Section 10372.5. (b) The second stage shall be administered by agencies contracting with the department. These contractors may be either agencies that have an alternative payment contract pursuant to Section 10225.5 or county welfare departments that choose to administer this stage in order to continue to provide child care services for recipients or former recipients of aid. If the county chooses to contract with the department to provide alternative payment services, this contract shall not displace, or result in the reduction of an existing contract of, a current alternative payment program. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  59. 10372.3.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section allows certain CalWORKs child care administrators to use funds for support services that help families at risk of homelessness or domestic abuse find stable child care.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10372.3. Nothing shall prohibit an administrator of an alternative payment program or agency administering CalWORKs Stage One or Stage Two programs, serving children 0 to 12 years of age, inclusive, from utilizing funds for administrative and support services to provide families at risk of homelessness or escaping domestic abuse a referral pathway to secure stable childcare placement. These services may be provided to the extent possible, in coordination with, and not supplanting, services provided by county human services agencies, and may be provided in partnership with homeless service agencies, domestic violence agencies, or other supportive housing. (Added by Stats. 2024, Ch. 958, Sec. 1. (AB 2343) Effective January 1, 2025.)
  60. 10372.5.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets who can get third-stage childcare, who administers it, and limits county welfare departments’ role.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10372.5. (a) The third stage of childcare begins when a funded space is available. CalWORKs recipients are eligible for the third stage of childcare. Persons who received a lump-sum diversion payment or diversion services and former CalWORKs participants are eligible if they have an income that does not exceed 85 percent of the state median income pursuant to Section 10271.5. The third stage shall be administered by programs contracting with the department. Parents’ eligibility for childcare and development services will be governed by Section 10271 and regulations adopted by the department. (b) In order to move welfare recipients and former recipients from their relationship with county welfare departments to relationships with institutions providing services to working families, it is the intent of the Legislature that families that are former recipients of aid, or are transitioning off aid, receive their childcare assistance in the same fashion as other low-income working families. Therefore, it is the intent of the Legislature that families no longer rely on county welfare departments to obtain childcare subsidies beyond the time they are receiving other services from the welfare department. (c) A county welfare department shall not administer the third stage of childcare for CalWORKs recipients except to the extent to which it delivered those services to families receiving, or within one year of having received, Aid to Families with Dependent Children prior to the enactment of this section. (d) This chapter does not preclude county welfare departments from operating an alternative payment program under contract with the department to serve families referred by child protective services. (Amended by Stats. 2025, Ch. 234, Sec. 4. (SB 792) Effective January 1, 2026.)
  61. 10373.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Stage three child care may be funded from specified aid-related moneys, and other federal or state funding is also allowed.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10373. Child care during the third stage may be funded with moneys dedicated to current and former recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program, including the federal funds appropriated to alternative payment program contractors in the 1996–97 fiscal year using the Budget Act’s Section 28 process as described in subdivision (b). Nothing shall prevent child care services provided under stage three from being funded with moneys from other federal or state sources. Nothing in this chapter shall preclude current and former recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program, from receiving child care services pursuant to other provisions of this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  62. 10373.5.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department should work with Head Start and state preschool programs to expand extended-day and evening child care for certain aid recipients, including by recruiting and training parents as licensed or license-exempt providers and connecting contractors and administrators so available funds can cover the care.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10373.5. It is the intent of the Legislature that the department work with Head Start and state preschool programs to generate extended-day and evening care for recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program, through recruiting and training parents to be licensed and license-exempt care providers and shall facilitate connections between Head Start and state preschool contractors and child care certificate administrators, including counties and other alternative payment programs, so that funds available for Sections 10371, 10372, and 10372.5 cover the cost of this care. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  63. 10374.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The Legislature states that each county should receive stage two child care funding at least equal to the 1996–97 amount for specified child care funding categories.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10374. It is the intent of the Legislature that each county receive funding for child care services provided in stage two that is at least equivalent to the amount of funding received in the 1996–97 fiscal year for income disregard pursuant to Section 11451.6 and supplemental child care pursuant to Section 11451.7. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  64. 10374.5.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section lets eligible recipients choose licensed or legally unlicensed childcare providers, sets reimbursement rules and rate limits, and gives the department some rate-setting and funding-distribution powers.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10374.5. (a) Recipients of childcare services provided pursuant to this chapter shall be allowed to choose the childcare services of licensed childcare providers or childcare providers who, by law, are not required to be licensed, and the cost of that childcare shall be reimbursed by counties or agencies that contract with the department. For purposes of this section, “regional market rate” means care costing no more than 1.5 market standard deviations above the mean cost of care for that region. It is the intent of the Legislature to reimburse childcare providers at the 85th percentile of the most recent regional market rate survey. If the market rate survey is used to set reimbursement rates, the following shall apply: (b) (1) The regional market rate ceilings shall be established at the greater of either of the following: (A) The 75th percentile of the 2016 regional market rate survey for that region. (B) The regional market rate ceiling that existed in that region on December 31, 2017. (2) Commencing January 1, 2022, the regional market rate ceilings shall be established at the greater of either of the following: (A) The 75th percentile of the 2018 regional market rate survey for that region. (B) The regional market rate ceiling that existed in that region on December 31, 2021. (c) (1) Reimbursement to license-exempt childcare providers shall not exceed 70 percent of the family childcare home rate established pursuant to subdivision (b). (2) Commencing January 1, 2022, license-exempt childcare providers shall be reimbursed at 70 percent of the family childcare home rate established pursuant to subdivision (b), including hourly, daily, weekly, and monthly, for both full- and part-time reimbursement categories. (d) (1) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to licensed childcare providers that exceed the rates specified in paragraph (2) of subdivision (b) and to licensed-exempt childcare providers that exceed the rates specified in paragraph (2) of subdivision (c). 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 childcare providers. (2) 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. (e) (1) 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), childcare providers shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds pursuant to paragraph (2) of subdivision (b) or paragraph (2) of subdivision (c). 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. (2) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements. (f) Reimbursement to childcare providers shall not exceed the fee charged to private clients for the same service. (g) Reimbursement shall not be made for childcare services when care is provided by parents, legal guardians, or members of the assistance unit. (h) A childcare provider located on an Indian reservation or rancheria and exempted from state licensing requirements shall meet applicable tribal standards. (i) For purposes of this section, “reimbursement” means a direct payment to the provider of childcare services, including license-exempt providers. If care is provided in the home of the recipient, payment may be made to the parent as the employer, and the parent shall be informed of their concomitant legal and financial reporting requirements. To allow time for the development of the administrative systems necessary to issue direct payments to providers, for a period not to exceed six months, a county or an alternative payment agency contracting with the department may reimburse the cost of childcare services through a direct payment to a recipient of aid rather than to the childcare provider. (j) Counties and alternative payment programs shall not be bound by the rate limits described in subdivisions (a) and (b), when there are, in the region, no more than two childcare providers of the type needed by the recipient of childcare services provided under this chapter. (k) (1) Notwithstanding any other law, reimbursements to childcare providers based upon a daily rate may only be authorized under either of the following circumstances: (A) A family has an unscheduled but documented need of five hours or more per occurrence, such as the parent’s need to work on a regularly scheduled day off, that exceeds the certified need for childcare. (B) A family has a documented need of five hours or more per day that exceeds no more than 14 days per month. Reimbursements to a childcare provider based on the daily rate over one month’s time shall not exceed the childcare provider’s equivalent full-time monthly rate or applicable monthly ceiling. (2) This subdivision shall not limit childcare providers from being reimbursed for services using a weekly or monthly rate, pursuant to Section 10228. (Amended by Stats. 2025, Ch. 13, Sec. 11. (SB 120) Effective June 27, 2025.)
  65. 10375.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    State agencies must create child care forms and complaint processes, encourage provider training, and increase consumer education.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10375. (a) By January 31, 1998, the State Department of Education and the State Department of Social Services shall design a form for license-exempt child care providers to use for certifying health and safety requirements to the extent required by federal law. Until the form is adopted, the information required pursuant to Section 11324 shall continue to be maintained by the county welfare department or contractor, as appropriate. (b) By January 31, 1998, the State Department of Education and the State Department of Social Services shall do both of the following: (1) Design a standard process for complaints by parents about the provision of child care that is exempt from licensure. (2) Design, in consultation with local planning councils, a single application for all child care programs and all families. (c) (1) County welfare departments and alternative payment programs shall encourage all providers who are licensed or who are exempt from licensure and who are providing care under Section 10371, 10372, or 10372.5 to secure training and education in basic child development. (2) Child care provider job training provided to CalWORKs recipients that is funded by either the State Department of Education or the State Department of Social Services shall include information on becoming a licensed child care provider. (d) The department shall increase consumer education and consumer awareness activities so that parents will have the information needed to seek child care of high quality. High-quality child care shall include both licensed and license-exempt care. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  66. 10375.5.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The agency administering subsidized child care services must share information needed to administer the child care and CalWORKs programs, despite any confidentiality rule.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10375.5. Notwithstanding any other confidentiality requirement, the government or private agency administering subsidized child care services shall share information necessary for the administration of the child care programs pursuant to this chapter and the CalWORKs program pursuant to Chapter 2 (commencing with Section 11200) of Part 3, for the time period for which the person receives child care. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  67. 10376.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    County welfare departments and alternative payment programs must send monthly child care usage and demand data to the department and local planning council, and the department must forward it quarterly to finance and budget committees.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10376. (a) County welfare departments and alternative payment programs shall provide to the department and the local planning council, on a monthly basis, data about child care usage and demand in each of the three stages. The department shall forward this data quarterly to the Department of Finance and the Joint Legislative Budget Committee for fiscal planning. (b) By January 10 of each year, the Department of Finance shall present to the respective legislative budget committees an estimate of the cost of funding the expected demand for child care as described in subdivision (a) of Section 10371 and Sections 10372 and 10372.5. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  68. 10376.5.

    ## 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section states the Legislature’s intent to fund child care for CalWORKs participants, keep certain existing child care contracts running through the 1997–98 fiscal year, and provide funding in the annual Budget 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 21. Child Care for Recipients of the CalWORKs Program [10370 - 10376.5] ( Chapter 21 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10376.5. (a) It is the intent of the Legislature in enacting this chapter to provide sufficient funding through an appropriation in the annual Budget Act to fund the estimated cost of providing child care for all individuals who are anticipated to need child care to participate in the welfare-to-work programs and to transition to work. (b) It is the intent of the Legislature that child care and development contracts in existence on the effective date of this section be allowed to continue until the end of the 1997–98 fiscal year. (c) Funding for purposes of implementing this chapter shall be appropriated in the annual Budget Act. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  69. 10380.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Child development programs must have a career ladder program, and teachers must hold the required permit.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10380. (a) (1) Child development programs shall include a career ladder program for classroom staff. Persons who are 18 years of age and older may be employed as aides and may be eligible for salary increases upon the completion of additional semester units in early childhood education or child development. The governing board of each contracting agency shall be encouraged to provide teachers and aides with salary increases for the successful completion of early childhood education or child development courses in six semester unit increments. (2) Persons employed as teachers shall possess a permit issued by the Commission on Teacher Credentialing authorizing service in the care, development, and instruction of children in a child care and development program. (b) A person who meets the following criteria is eligible to serve in an instructional capacity in a child care and development program: (1) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics. (2) Twelve units in early childhood education or child development, or both, or two years’ experience in early childhood education or a child care and development program. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  70. 10380.5.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain child care and development program operators with two or more sites must employ a qualified program director, unless a stated waiver or regulation exception applies.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10380.5. Except as waived under Section 10242 and except as stated in Section 18203 of Title 5 of the California Code of Regulations regarding program directors in schoolage community child care services programs, any entity operating child care and development programs providing direct services to children, as defined in Section 10242, at two or more sites, shall employ a program director who possesses one of the following: (a) A permit issued by the Commission on Teacher Credentialing authorizing supervision of a child care and development program operating in multiple sites. (b) Any person who meets the following criteria is eligible to supervise a child care and development program operating in multiple sites and serve in an instructional capacity in a child care and development program: (1) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics. (2) Six units in administration and supervision of early childhood education or child development, or both. The requirement set forth in this paragraph does not apply to any person who was employed as a program director prior to January 1, 1993, in a child care and development program receiving funding under this chapter. (3) Twelve units in early childhood education or child development, or both, or at least two years’ experience in early childhood education or a child care and development program. (c) A waiver issued by the department pursuant to Section 10242. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  71. 10381.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A person starting service in certain child care positions must file a valid permit with the county superintendent of schools within 95 days, and must file any permit renewal within 95 days after renewal.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10381. Not later than 95 days after the governing board of a public agency sets the date a person employed by that board shall begin service in a position requiring a children’s center instructional permit or a children’s center supervision permit, that person shall file, on or before that date, with the county superintendent of schools a valid permit issued on or before that date, authorizing the person to serve in a position for which the person was employed. Upon renewal of that permit, that person shall file that renewal with the county superintendent of schools no later than 95 days after the renewal. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  72. 10381.5.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Teachers and program directors in child care and development programs serving severely disabled children must have an appropriate permit or satisfy one of the listed qualification paths.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10381.5. Notwithstanding Sections 10380 and 10380.5, any person serving as a teacher or program director in a child care and development program that provides service to severely disabled children, as defined in Section 10213.5, pursuant to subdivision (d) of Section 10260, shall hold an appropriate child care and development permit, be deemed to hold that permit pursuant to subdivision (b) of Section 10380 or pursuant to Section 10380.5, or meet one or more of the following options: (a) Is a teacher meeting one of the following criteria: (1) Has completed all the following: (A) Twenty-four semester units of coursework, with a “C” or better average, from an accredited institution in any one or a combination of the following areas: psychology, sociology, special education, physical education, recreation therapy, vocational education, early childhood education, and child development. (B) Sixteen semester units of coursework in general education, including one course in each of the following areas: humanities, social sciences, math or science, or both, and English. (C) Completed one of the following: (i) Two experience periods as a paid aide or assistant in a program serving children with exceptional needs or children who are severely disabled. (ii) Three experience periods as a volunteer in an instructional capacity in a program serving children with exceptional needs or children who are severely disabled. (iii) (I) Two or more semester units of supervised field coursework in a child care and development program at an accredited institution, plus one experience period in a program serving children with exceptional needs or children who are severely disabled. (II) For purposes of this subparagraph, “experience period” means paid or volunteer services in a program serving children with exceptional needs or children who are severely disabled for not less than 200 hours. Those services shall have been provided for a minimum of two hours per day during not more than 36 consecutive months. (2) Holds a California special education credential. (b) Is a program director meeting one of the following criteria: (1) Holds a California special education credential. (2) Holds a professional credential, license, or masters degree in psychology, social work, special education, physical education, recreation therapy, vocational education, counseling, early childhood education, or child development, and has completed six semester units of administration and supervision of early childhood education or child development programs, or both. (c) Was employed prior to January 1, 1993, as a teacher or program director in a child care and development program that provides services to severely disabled children. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  73. 10382.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A governing board must choose a high school student or other adult as nonteaching personnel, use a career ladder for their employment and promotion, and require a recent health exam and duplicate ID cards with fingerprints and a personal description.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10382. Notwithstanding any other provision of law, a high school student or any other adult shall be selected by the governing board of a public or private agency as defined in Section 10221 to serve as nonteaching personnel to perform noninstructional work. A career ladder shall be utilized in the employment and promotion of such noninstructional personnel. Each such person shall have had a health examination made within the 12-month period preceding the date of employment. Each person shall also submit duplicate personal identification cards upon which shall appear legible fingerprints and a personal description of the applicant. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  74. 10382.5.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The same fee as for a specified Education Code credential must be charged for issuing or renewing each child development permit covered by this section.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10382.5. The same fee as that prescribed for a credential provided in Section 44235 of the Education Code shall be charged for either the issuance or renewal of each child development permit authorizing service in the supervision and instruction of children in child development programs or authorizing service as a supervisor in a program. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  75. 10383.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The Commission on Teacher Credentialing must set, by rule or regulation, the requirements for certain child care and development permits.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10383. The Commission on Teacher Credentialing shall by rule or regulation establish the requirements for the following: (a) The issuance and the renewal of permits authorizing service in the care, development, and instruction of children in child care and development programs, as well as the issuance of emergency permits for this purpose. (b) The issuance and renewal of permits authorizing supervision of a child care and development program, as well as the issuance of emergency permits for this purpose. (c) The periods of duration of the permits set forth in this section. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  76. 10383.1.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section lets the Commission on Teacher Credentialing issue an assistant teacher permit if the applicant meets set education, planning, and sponsorship requirements, and the permit holder works under required supervision.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10383.1. (a) Notwithstanding Sections 10380 and 10383, the Commission on Teacher Credentialing may issue an assistant teacher permit that authorizes the permitholder to assist in the care, development, and instruction of children, subject to the supervision requirements described in subdivision (b). This assistance may include temporarily supervising children independently for no more than 120 minutes per day while the supervising employee leaves the classroom for purposes of offering flexibility for classroom support, during breaks, or escorting children outside of the classroom. The commission may issue a permit under this section provided that all of the following requirements are met: (1) The applicant has at least six units from an accredited institution of higher education in early childhood education, child development, or human development, or a combination thereof. (2) The applicant has an education plan updated each academic year and is enrolled in a course or courses to meet the requirements for the next level permit. (3) The applicant is sponsored by an employer who has a current contract with the State Department of Social Services to be a child development program provider. (b) An employee who holds an assistant teacher permit pursuant to subdivision (a) shall be under the supervision of an employee who holds a valid commission-issued child development permit at the teacher level, or at an equivalent or higher permit level. (c) A contracting agency that employs a person who holds an assistant teacher permit pursuant to subdivision (a) shall maintain a copy of the permitholder’s current education plan in their employee file. (d) A permit issued pursuant to subdivision (a) shall be valid for no more than two years from the date of issuance and shall not be renewed. (e) The number of assistant teacher permitholders employed by a contracting agency at one site shall not exceed 50 percent of the number of classrooms at that site. The contracting agency shall not assign more than one assistant teacher to each classroom. (f) This section shall not be construed to grant to a person issued with an assistant teacher permit pursuant to this section with the rights and responsibilities of an associate teacher permitholder, or equivalent permitholder, or higher permitholder. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of childcare bulletins or similar instructions until regulations are adopted. (h) The commission shall implement this section by no later than January 30, 2026. (i) This section shall become inoperative one year after the implementation of the commission’s revised child development permit matrix, or January 1, 2029, whichever is later, and, as of that date, is repealed. (Added by Stats. 2025, Ch. 165, Sec. 5. (AB 753) Effective October 1, 2025. Conditionally repealed on or after January 1, 2029, by its own provisions.)
  77. 10383.5.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The Commission on Teacher Credentialing must adopt a rule or regulation letting a Child Development Associate Teacher Permit holder renew without a renewal limit if the holder completes specified professional growth hours by April 30, 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10383.5. Notwithstanding Section 10383 of this code or Section 80111 of Title 5 of the California Code of Regulations, on or before April 30, 2025, the Commission on Teacher Credentialing shall, by rule or regulation, authorize a holder of a Child Development Associate Teacher Permit to renew their permit without a limitation on the number of renewals if the permitholder completes specified hours of professional growth activities, as determined by the commission. (Added by Stats. 2024, Ch. 687, Sec. 2. (AB 1930) Effective January 1, 2025.)
  78. 10384.5.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain education boards may issue temporary certificates for child development employees while permit applications are being processed, and the applicant must swear to the permit details. The certificate lasts no more than 90 schooldays and ends when the requested permit is issued or denied.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10384.5. Each county board of education, city and county board of education, or community college governing board may issue temporary certificates for the purpose of authorizing salary payments to child development employees whose child development permit applications are being processed. The applicant for the temporary certificate shall make a statement under oath that the employee has duly filed their application for a permit, together with the required fee, and that to the best of their knowledge no reason exists why the employee should not be issued a permit. The temporary certificate shall be valid for not more than 90 schooldays and only until the permit originally requested is either issued or denied by the Commission on Teacher Credentialing. (Amended by Stats. 2024, Ch. 471, Sec. 29. (SB 1329) Effective January 1, 2025.)
  79. 10385.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section classifies certain child development workers as requiring certification qualifications, allows districts to lay off or briefly keep working employees with permits under set conditions, and gives laid-off permanent employees 39 months of reinstatement rights.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10385. (a) A person employed by a public or private agency in a position requiring a child development permit for the supervision and instruction of children, or for service as a physician, dentist, or nurse, or in the supervision of the child development program, shall be deemed to be employed in a position requiring certification qualifications. (b) Each other person employed by an agency in a child development program under the provisions of this chapter shall be deemed for all purposes, including retirement, to be a person employed by the agency in a position not requiring certification qualifications. (c) A district may lay off an employee required to have such a permit at any time during the school year for lack of work or lack of funds or may provide for the employee’s employment for not to exceed 90 days in any one school year on an intermittent basis which shall not be deemed probationary service. The order of layoff shall be determined by length of service. The employee who has served the shortest time shall be laid off first, except that no permanent employee shall be laid off ahead of a probationary employee. A permanent employee who has been laid off shall hold reinstatement rights for a period of 39 months from the date of layoff. (d) Service performed prior to September 18, 1959, shall not be included in computing the service required as a prerequisite for attainment of, or eligibility to, classification as a permanent child development employee. (e) A person who is employed by an agency as a probationary employee in a position requiring a child development permit for the supervision and instruction of children, or for service as a physician, dentist, or nurse, or in the supervision of the children’s program and who has served in such a position for three complete consecutive school years as defined in Section 44908 or 87468 and Section 44975 of the Education Code or Section 87776 of the Education Code immediately prior to September 18, 1959, may be dismissed only in accordance with the provisions of Section 44949 or 87740 of the Education Code. (f) Other persons who are employed as probationary employees in positions requiring such permits on or after September 18, 1959, may be dismissed in accordance with the provisions of Section 44949 or 87740 of the Education Code. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  80. 10387.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Some eligible child development program employees may elect to make retirement contributions within 90 days after notice, and if they do, they must pay interest on the unpaid balance.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10387. Every employee of a child development program who before their employment in the program was employed by the agency maintaining such program in a position entitling the employee to membership in, and who was a member of, the retirement system maintained by such district, and if such employee’s contributions to such retirement system were returned to the employee when the employee was employed in the program, such employee shall have the right to elect, by written document filed with the Board of Administration, Public Employees’ Retirement System, at any time within 90 days after the date upon which the notice of the right to make such election is mailed by such system, either to the member’s latest address on file in the office of such system, or to the office of the governing board of such agency or agencies, and prior to the date of retirement, to contribute to such system, subject to minimum payments fixed by the Board of Administration, and in one or more sums, or in not to exceed 60 monthly payments, an amount which, when added to the employee’s accumulated contributions, including interest, transferred as required in paragraph (1) of subdivision (b) of Section 24810 of the Education Code, will make a total amount equal to the accumulated contributions, including interest, which would have been credited to the employee in such plan, if the employee had never had their contributions returned to them. Such employee shall pay to the Public Employees’ Retirement System interest on the unpaid balance of the amount payable to such system, beginning with the date of transfer, at the rate of interest currently used from time to time under the system. If such employee elects to make, and makes, such contributions and pays such interest, but not otherwise, the employee shall receive credit under such employees’ system, as state service, for all prior service rendered while the employee was not a member of such plan. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  81. 10387.5.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The Commission on Teacher Credentialing must set standards for issuing the permits covered here, and later changes to those standards do not affect permits that are already valid.

    ## 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 22. Child Development Program Personnel Qualifications [10380 - 10387.5] ( Chapter 22 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10387.5. The Commission on Teacher Credentialing shall establish standards for the issuance of the permits herein provided for. The standards may be changed from time to time, but changes therein shall not affect then valid permits issued to persons. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  82. 10388.

    ## 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 22.5. Fraud and Overpayments [10388- 10388.] ( Chapter 22.5 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section requires the State Department of Education to study childcare error rates, report findings and recommendations, and publish best practices, and it allows the State Department of Social Services to use agreements and interim written instructions to address fraud and program integrity.

    ## 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 22.5. Fraud and Overpayments [10388- 10388.] ( Chapter 22.5 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10388. (a) (1) The State Department of Education, in consultation with the State Department of Social Services, county fraud investigators, and other fraud investigation experts, shall perform an error rate study to estimate the percentage of errors, including, but not limited to, overpayments and fraud, in determinations of eligibility, the need for childcare pursuant to paragraph (2) of subdivision (c) of Section 8208 of the Education Code, family fees, and reimbursement payments to childcare providers, including, but not limited to, authorized hours of care and the use of adjustment factors, in programs operated pursuant to Chapter 3 (commencing with Section 10225) and Chapter 21 (commencing with Section 10370). The study shall include, but not be limited to, an analysis of a statistically valid, random, sample of family files and reimbursement payments that have been processed over a specified time. Each payment from the sample shall be audited to determine whether it was correctly paid or paid in error. Those payments identified as being paid in error shall be classified based on the type of the error that occurred, including, but not limited to, administrative errors, overpayment caused by providers, overpayments caused by parents, provider fraud, and beneficiary fraud. (2) In conducting the compliance reviews required by regulations of the Superintendent of Public Instruction pursuant to Section 10267.5 for programs operated pursuant to Chapter 7 (commencing with Section 10240), the State Department of Education shall survey a statistically valid sample of files for the program and identify and report the errors, by category, resulting from that survey. (3) The State Department of Education shall report in writing to the Governor, the Chair of the Joint Legislative Budget Committee, the chairs of the fiscal committees for both houses of the Legislature, and the Department of Finance, information regarding the error rate study by April 1, 2005. The report shall include, but not be limited to, all of the following: (A) The results of the error rate study. (B) Fraud and overpayment reduction targets that have been established based on the data from the error rate study. (C) The timeframe for achieving the targets. (D) Recommendations developed pursuant to subdivision (b). (b) The State Department of Education shall develop recommendations for the prevention and elimination of childcare fraud and programmatic errors and the identification and collection of childcare overpayments. The recommendations shall include, but not be limited to: (1) Precise definitions of what constitutes childcare fraud and overpayments. (2) A consistent statewide system to identify fraud and overpayments. (3) A consistent statewide system of standards for fraud prevention, intervention, and overpayment collection that is applied to all childcare program provider categories. (4) Statewide fraud and overpayment measures that will be reported annually by the department. (5) Standards for independent financial compliance audits, including provisions to ensure that small programs are not unduly burdened. (6) Consistent statewide mechanisms for due process for parents. (7) Consistent statewide mechanisms for dispute resolution for childcare programs and providers. (8) Assessment of the cost-effectiveness of prevention and intervention activities. (9) Equitable treatment of all consumers of subsidized childcare. (10) Consideration of the need to minimize new barriers to family access to childcare. (11) A survey of best practices from both California agencies and providers and from other states. (c) In developing its recommendations, the State Department of Education shall place priority on prevention of fraud and overpayments, and shall consider existing best practices for doing so. The State Department of Education shall make any identified best practices available on its internet website by March 1, 2005. (d) The State Department of Education shall consult with representatives of the State Department of Social Services, the Legislative Analyst’s Office, the Department of Finance, staff from the appropriate policy and fiscal committees of each house of the Legislature, and other interested parties including, but not limited to, childcare consumers and providers, representatives from county welfare departments, district attorneys, county special investigative units, and legal advocacy organizations representing consumers in developing these recommendations. (e) The State Department of Education shall report its recommendations directly to the respective policy and fiscal committees of the Legislature by April 1, 2005. (f) (1) On or after July 1, 2005, all childcare contracts entered into by the State Department of Social Services for means-tested childcare programs, including, but not limited to, the programs described in 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), and Chapter 21 (commencing with Section 10370), shall require adoption in contractor policies and implementation of best practices on prevention and intervention of fraud and program integrity violations, as determined by the State Department of Social Services. (2) Notwithstanding paragraph (1) of subdivision (h) of Section 10271, the best practices described in paragraph (1) shall require childcare contractors to terminate eligibility if there is substantiated evidence of a fraud or program integrity violation that invalidates the certification. (g) (1) The State Department of Social Services may enter into agreements with county welfare departments to support the investigation and enforcement of fraud and program integrity in any subsidized childcare program administered by the department, inclusive of licensed and license-exempt providers. (2) Any agreements entered into pursuant to this subdivision shall describe how the State Department of Social Services may furnish or require the disclosure of information to the extent required to investigate and pursue claims related to fraud or program integrity. (h) The State Department of Social Services may clarify the process for recovery of funds and imposition of sanctions described in the approved state plan under the federal Child Care and Development Fund in instances where fraud or other program integrity violation is established. 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. (i) 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 and administer the changes made to this section by the act that added this subdivision by all-county letters, bulletins, contract provisions, or similar written instructions until regulations are adopted. The department shall initiate a rulemaking action to adopt regulations to implement this section no later than July 1, 2030. (Amended by Stats. 2026, Ch. 25, Sec. 36. (AB 150) Effective June 29, 2026.)
  83. 10390.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The Legislature states its intent to create an appeal process for resolving disputes between the department and certain local 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10390. It is the intent of the Legislature to authorize an appeal process for the resolution of disputes between the department and local agencies which contract with the department to provide child care and development services or to furnish property, facilities, personnel, supplies, equipment and administrative services. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  84. 10391.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must provide an internal appeal procedure, and contracting agencies may use it to appeal certain review findings.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10391. (a) The department shall provide an internal appeal procedure to resolve a dispute between the department and a contracting agency providing child care and development services pursuant to Section 10268.5 regarding the interpretation or application of a term or condition of a contract, or to dispute a finding made by the department resulting from a fiscal or programmatic review, including, but not limited to, an error rate notification. (b) A contracting agency shall have the right to appeal the findings of a fiscal or programmatic review, including, but not limited to, an error rate finding, by submitting a request for appeal in accordance with the internal appeal procedure developed by the department pursuant to subdivision (a). (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  85. 10392.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must provide an independent appeal procedure for certain child care and development services contracting agencies, and the Office of Administrative Hearings must conduct 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10392. (a) The department shall provide an independent appeal procedure to each contracting agency providing child care and development services pursuant to Section 10268.5 that shall be conducted by the Office of Administrative Hearings and shall be provided upon an appeal petition of the contracting agency in any of the following circumstances: (1) Termination of a contracting agency’s contract. (2) Denial of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s contracted payment for services schedule. (3) Demand for remittance of an overpayment of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s annual contract. (b) Before filing an appeal petition for an action taken pursuant to paragraph (2) or (3) of subdivision (a), the contracting agency shall have submitted all previously required standard monthly or quarterly reporting forms to the department. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  86. 10393.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Hearings required by Section 10392 must follow the Administrative Procedure Act, unless this chapter says otherwise.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10393. All hearings required by Section 10392 shall be conducted according to the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), except as otherwise directed in this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  87. 10394.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The Office of Administrative Hearings must adopt regulations for these hearings by June 30, 1982.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10394. The Office of Administrative Hearings shall, by June 30, 1982, adopt regulations governing the hearings, which shall include all of the following: (a) Deadlines for filing petitions, commencing hearings and rendering decisions. (b) Notice to affected parties. (c) The manner for maintaining appropriate provision for electronic recording and transcription, if necessary. (d) Hearings shall be conducted at the offices of the Office of Administrative Hearings in Sacramento or Los Angeles. However, hearings in Los Angeles shall be available only to local contracting agencies with the department whose annual contracts total less than two hundred thousand dollars ($200,000). (e) Any other issues deemed appropriate by the Office of Administrative Hearings. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  88. 10395.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The hearing examiner’s determination is the final administrative determination for the local contracting agency.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10395. The determination of the hearing examiner shall be the final administrative determination to be afforded the local contracting agency. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  89. 10396.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must give the local contracting agency a written notice of action before taking action, and the notice must state the specific reasons and describe the agency’s appeal-related rights and responsibilities.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10396. All actions by the department, as defined in subdivisions (a) and (b) of Section 10392 shall be preceded by a written notice of action to the local contracting agency which shall include the following: (a) A statement of the specific reasons for the action in the Statement of Issues. (b) A description of the local contracting agency’s rights and responsibilities concerning the appeal procedure described herein. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  90. 10397.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must create a contract classification system for contractors, including clear, provisional, and conditional 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10397. (a) The department shall establish a contract classification system for purposes of identifying, monitoring, and providing technical assistance to contractors as follows: (1) Clear contract. This designation shall be given to a contract that is neither a provisional contract, as described in paragraph (2), nor a conditional contract, as described in paragraph (3). (2) Provisional contract. This designation applies to an agency’s first contract for any particular service or to the contract of an existing contracting agency for a new, modified, or different type of service. The timeframe of a provisional contract is at the discretion of the department and is given to ensure that the contracting agency can demonstrate fiscal and programmatic compliance before the contract is designated as a clear contract. The contract status shall be reviewed annually. (3) Conditional contract. This designation applies to a high-risk contract awarded to a contracting agency that evidences fiscal or programmatic noncompliance, or both fiscal and programmatic noncompliance. A contracting agency with one or more contracts designated as conditional is deemed to be on conditional status with the department for all child care and development program purposes and is subject to any restrictions deemed reasonable to secure compliance. The conditional contract shall include a bill of particulars detailing the items of noncompliance, the standards that must be met to avoid termination of contract and to qualify the agency for clear contract status, and technical assistance plan. Failure to demonstrate substantive progress toward fiscal or program compliance within six months of that designation shall constitute a breach of contract and may subject the contract to termination for any applicable cause specified in Section 10398 or 10400, in accordance with Section 10392. (b) Agencies with conditional contracts shall receive technical assistance from the Child Care and Development Division of the department. (c) Notwithstanding subdivision (b), technical assistance shall be provided to any contracting agency making a written request to its assigned consultant or administrator within 60 days of receipt of the request. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  91. 10398.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    A contracting agency’s contract may be immediately terminated for listed misconduct or failures, and the department must notify contractors of this section within 30 working days after the amendment’s effective date.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10398. (a) A contracting agency that evidences any of the following acts or omissions may have its contract or contracts immediately terminated if there is documented evidence of the acts or omissions, and upon review and recommendation of the general counsel of the department: (1) Fraud, or conspiracy to defraud. (2) Misuse or misappropriation of state or federal funds, including a violation of Section 10399. (3) Embezzlement. (4) Threats of bodily or other harm to a state official. (5) Bribery or attempted bribery of a state official. (6) Unsafe or unhealthy physical environment or facility. (7) Substantiated abuse or molestation of children. (8) Failure to report suspected child abuse or molestation. (9) Theft of supplies, equipment, or food. (10) Cessation of operations without the permission of the department, or acts or omissions evidencing abandonment of the contract or contracts. (11) Failure of a program operating pursuant to Chapter 3 (commencing with Section 10225) or Chapter 21 (commencing with Section 10370) to fully reimburse a significant number of approved child care providers, as determined by the department, within 15 calendar days after the date set in the plan for timely payments to child care providers adopted by the contracting agency pursuant to Section 18226 of Title 5 of the California Code of Regulations, unless the failure is attributable to a delay in receiving apportionments from the state. (12) Failure of a program operating pursuant to this chapter to pay salaries owed to employees, pay federal payroll tax, or fully reimburse a significant number of child care providers, as determined by the department, affiliated with a contracting agency pursuant to Chapter 8 (commencing with Section 10250) for more than 15 days after the employee salaries, federal payroll taxes, or reimbursement payments were due, unless the failure is attributable to a delay in receiving apportionments from the state. (b) An agency whose contract is immediately terminated pursuant to this section retains appeal rights in accordance with Section 10392. (c) Notwithstanding any service provision in the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), a notice of immediate termination shall be served on the contracting agency by personal service or at the last address on file with the department, by overnight mail or certified mail. Service may be proved in the manner authorized in a civil action. Service by mail is complete at the time of deposit. (d) The department shall advise child care and development contractors of the provisions of this section within 30 working days of the effective date of the act amending this section during the 2013–14 Regular Session of the Legislature. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  92. 10399.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    An agency may have its contract immediately terminated if it places a convicted person in a fiscal responsibility or control position and there is documented evidence, with review and recommendation by the department’s general counsel.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10399. (a) An agency that 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, may have its contract immediately terminated pursuant to Section 10398 if there is documented evidence of the conviction, and upon review and recommendation of the general counsel of the department. (b) For purposes of this section, “position of fiscal responsibility or control” includes any authority to direct or control expenditure of, or any access to, state or federal child care and development funds received pursuant to this chapter whether that authority or access is conferred based on the person’s status as an employee, director, manager, board member, or volunteer, or based on any other status. (c) If the agency provides evidence to the department, before the effective date given in the notice of immediate termination, that the convicted person has been removed from the position of fiscal responsibility or control and provides assurance that the person will not be returned to a position of fiscal responsibility or control, the department shall withdraw the termination action. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  93. 104.

    ## 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 ↗

    The court sets the CASA’s duties in each case, and the CASA must report the investigation results, follow court orders, and provide information the court asks for.

    ## 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. ) ## 104. (a) The court shall determine the extent of the CASA’s duties in each case. These duties may include an independent investigation of the circumstances surrounding a case to which he or she has been appointed, interviewing and observing the child and other appropriate individuals, and the reviewing of appropriate records and reports. (b) The CASA shall report the results of the investigation to the court. (c) The CASA shall follow the direction and orders of the court and shall provide information specifically requested by the court. (Added by Stats. 1988, Ch. 723, Sec. 5.)
  94. 10400.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    A child care and development contract cannot be terminated without good cause and the required notice, except for causes listed in Sections 10398 and 10399.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10400. Except for causes listed in Sections 10398 and 10399, termination of a child care and development contract shall not occur without good cause and without notice as described in Section 10396 at least 90 days before the effective date given in the notice of termination. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  95. 10401.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Local contracting agencies may keep operating under the contract during an appeal of termination, except for immediate termination actions.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10401. Actions as defined in subdivision (a) of Section 10392 shall remain in effect during the appeal process. However, local contracting agencies may continue to operate under the contract during an appeal of termination, unless the action is an immediate termination action taken pursuant to Sections 10398 and 10399, in which case a contracting agency shall not continue to operate under the contract after the effective date given in the notice of immediate termination. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  96. 10402.

    ## 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 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Contracts entered into by the department under Section 10268.5 must include a complete description of the appeal procedures in this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 23. Administrative Review [10390 - 10402] ( Chapter 23 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10402. All contracts entered into by the department pursuant to Section 10268.5 shall contain a complete description of the appeal procedures provided in this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  97. 10420.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This chapter may be cited as the Building a Better Early Care and Education System 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10420. This chapter shall be known, and may be cited, as the Building a Better Early Care and Education System Act. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  98. 10420.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section states the chapter’s purpose and limits: it authorizes family child care providers to choose a representative organization, allows that organization to meet and confer with the state, and says the chapter is not meant to change licensing rules, employment status, or federal funding compliance.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10420.5. (a) The purpose of this chapter is to promote quality, access, and stability in the early care and education system by authorizing an appropriate unit of family child care providers to choose a provider organization to act as their unit’s representative on all matters specified in this chapter. It is also the purpose of this chapter to promote full communication between family child care providers and the state by permitting a provider organization certified as the representative of family child care providers to meet and confer with the state regarding matters within the scope of representation and other areas as mutually agreed upon in negotiations. (b) This chapter is not intended to change the family child care providers’ status as employees or independent business owners or classify family child care providers as public employees. (c) This chapter is not intended to change or interfere with the requirements governing licensing or enforcement thereof set forth in the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code). (d) This chapter is not intended to interfere with the ability of the state, the department, another department or agency, or a political subdivision of the state to comply with the requirements of federal grants or federal funding. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  99. 10421.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section defines key terms for the chapter and gives the board power to issue emergency 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10421. As used in this chapter: (a) “Certified provider organization” means a provider organization that is certified by the Public Employment Relations Board as the representative of family child care providers in an appropriate unit after a proceeding under Section 10424. (b) (1) “Family child care provider” or “provider” means a child care provider who participates in a state-funded early care and education program as specified in subdivision (f) and is either of the following: (A) An individual who operates a family child care home, as defined in Section 1596.78 of the Health and Safety Code, and who is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. (B) An individual who provides early care and education in their own home or in the home of the child receiving care and is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code. (2) An assistant-provider, a volunteer, or any other individual who works or volunteers for a family child care home, as defined in Section 1596.78 of the Health and Safety Code, and who does not possess a license pursuant to Section 1596.80 of the Health and Safety Code shall not be considered a family child care provider for purposes of this chapter. However, an individual who, separate and apart from that work or volunteer service within a family child care home, participates in a state-funded early care and education program and provides care that is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code shall be considered a family child care provider for purposes of this chapter in their capacity as the provider of this separate, license-exempt care. (c) “Mediation” means an effort by an impartial third party to assist in reconciling a dispute regarding matters within the scope of representation between representatives of the Governor and the certified provider organization through interpretation, suggestion, and advice. (d) “Provider organization” means an organization that has all of the following characteristics: (1) Includes family child care providers as members. (2) Has as one of its main purposes the representation of family child care providers in their relations with public or private entities in California concerning the terms of their participation in state-funded early care and education programs. (3) Is not an entity that contracts with the state or a county to administer or process payments for a state-funded early care and education program. (4) Its organizational bylaws or other internal governing documents give family child care providers the right to be members of the organization and to participate in the democratic control of the organization. (e) “Public Employment Relations Board” or “board” means the Public Employment Relations Board established pursuant to Section 3541 of the Government Code. The powers and duties of the board described in Section 3541.3 of the Government Code, and the respective implementing regulations, shall apply, as appropriate, to this chapter to the extent those procedures are not inconsistent with the procedures specified in this chapter. If a provision of this chapter is the same or substantially the same as that contained in Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, it shall be interpreted and applied in accordance with the regulations and judicial interpretations of the provision in those statutes. For exclusive purposes of this chapter, any reference in Section 3541.3 of the Government Code to “employee” or “employees” shall be deemed to refer to a “provider” as defined in subdivision (b), any references to “employee organizations” shall be deemed to refer to “provider organizations” as defined in subdivision (d), any references to “exclusive representative” shall be deemed to refer to “certified provider organization” as defined in subdivision (a), and any references to “employer” shall be deemed to refer solely to the department, any other agency, department, contractor, subcontractor, or any political subdivision of the state administering a state-funded early care and education program. The board may also adopt, amend, or repeal all rules and regulations necessary to carry out this chapter as emergency regulations in accordance with 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 adoption, amendment, or repeal of regulations pursuant to this subdivision is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (f) “State-funded early care and education program” means a program administered by the department, another department or agency, or a political subdivision of the state, including programs established subsequent to the enactment of this chapter, to subsidize early learning and care for children, but does not include the public education system. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  100. 10421.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The state action antitrust exemption applies to the activities of authorized family child care providers and their representatives.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10421.5. The state action antitrust exemption to the application of federal and state antitrust laws shall apply to the activities of family child care providers and their representatives authorized under this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  101. 10422.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section requires the department and related state agencies to provide specified family child care provider information to certified provider organizations, and it gives the Public Employment Relations Board authority to decide provider-organization status and resolve disputes.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10422. (a) For purposes of this section, the Public Employment Relations Board, as established pursuant to Section 3541 of the Government Code, shall determine if an entity seeking information is a provider organization within the meaning of subdivision (d) of Section 10421 as follows: (1) The general counsel of the Public Employment Relations Board shall have the authority to determine if an organization is a provider organization upon application by that organization. The general counsel shall issue their determination within 10 days of receiving the application. (2) If an organization is determined not to be a provider organization, the general counsel of the Public Employment Relations Board shall state the reasons for this determination. An applicant determined not to be a provider organization may appeal this adverse determination to the board within 30 days of the determination. (3) Once a provider organization has been determined to be a provider organization by the general counsel of the Public Employment Relations Board, this determination shall remain valid for one year. (b) Within 10 days of receipt of a request from a provider organization determined to be such by the Public Employment Relations Board in accordance with subdivision (a), the department shall make available in manipulable electronic format to that provider organization information regarding all providers of a family child care home, as defined in Section 1596.78 of the Health and Safety Code, who are licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. The information shall include the name; home address; mailing address; county; home, if known, work, and cellular telephone numbers; email address, if known; and state facility license number of each provider of a family child care home. (c) (1) Upon receipt of a request from a provider organization, department and any other state department or agency administering a state-funded early care and education program, with the assistance of any contractors or subcontractors and any political subdivisions of the state that are administering a state-funded early care and education program, shall immediately commence collecting information regarding any individual who has been a family child care provider, as defined in subdivision (b) of Section 10421, within the preceding three months, including each family child care provider’s name; home address; mailing address; county; home, if known, work, and cellular telephone numbers; email address, if known; the agency, contractor, subcontractor, or political subdivision of the state administering the state-funded early care and education program in which the provider participates; the date the provider began subsidy care; the date the provider ended subsidy care, if applicable; whether the provider is licensed or not; the unique provider identification number, if applicable; and the state facility license number, if known. The department and any other state department or agency administering a state-funded early care and education program, with the assistance of any contractors or subcontractors and any political subdivisions of the state administering a state-funded early care and education program, shall make reasonable efforts to collect the information under this subdivision in a timely manner. (2) Within 60 days of receipt of an initial request from a provider organization, the department and any other state department or agency administering a state-funded early care and education program shall make available to the provider organization, in a manipulable electronic format unless demonstrably impracticable to do so, all of the information described in paragraph (1) that is available based on the reasonable efforts of the department, and any other state department or agency administering a state-funded early care and education program to collect the information. (3) As soon as it is in the possession of the department or any other state department or agency administering a state-funded early care and education program, the department and any other state department or agency administering a state-funded early care and education program shall make available to the provider organization any information described in paragraph (1) that cannot be reasonably collected within 60 days. (d) Following an initial request as described in subdivision (c), but no earlier than 90 days following receipt of that request, the department and any other state department or agency administering a state-funded early care and education program shall use reasonable efforts to continue to collect and make available to the requesting provider organization, in a manipulable electronic format, unless demonstrably impracticable to do so, an updated list of the information described in paragraph (1) of subdivision (c), as of that date, monthly unless more frequent or more detailed lists are required by an agreement with a provider organization. (e) This section does not permit an agency, department, contractor, subcontractor, or a political subdivision of the state to delay or obstruct the collection or provision to a provider organization of information pursuant to subdivisions (c) and (d). (f) The department and any other state department or agency administering a state-funded early care and education program, with the assistance of any contractors or subcontractors and any political subdivisions of the state that are administering a state-funded early care and education program, shall provide a certified provider organization, for each family child care provider within an appropriate unit, as described by Section 10424, the family child care provider’s name; home address; mailing address; county; home, if known, work, and cellular telephone numbers; email address, if known; the agency, contractor, subcontractor, or political subdivision administering the state-funded early care and education program in which the provider participates; the date the provider began subsidy care; the date the provider ended subsidy care, if applicable; whether the provider is licensed or not; the unique provider identification number, if applicable; and the state facility license number, if known. An updated list of this information shall be provided to the certified provider organization in a manipulable electronic format on a monthly basis unless more frequent or more detailed lists are required by an agreement between the Governor or the Governor’s designee and the certified provider organization. (g) If a provider organization has been certified as the representative of family child care providers in an appropriate unit, subdivisions (b), (c), and (d) shall not apply to requests by other provider organizations. (h) This section does not preclude a provider organization and the Governor or the Governor’s designee from agreeing to a different interval within which the department and any other state department or agency administering a state-funded early care and education program must provide the provider organization with this information. (i) Any information regarding providers of small family child care homes, as defined in Section 1596.78 of the Health and Safety Code, that is made available to the provider organization under this section shall be provided in a manner consistent with Section 1596.86 of the Health and Safety Code. (j) The information provided under this section shall be provided in a manner consistent with Section 6207 of the Government Code for a participant in the address confidentiality program established pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code. (k) Upon receipt of a written request by a family child care provider, the department and any other state department or agency administering a state-funded early care and education program shall remove the family child care provider’s home and mailing address; home, work, and cellular telephone numbers; and email address from any lists subsequently made available to a provider organization pursuant to subdivisions (c) and (d). (l) The Public Employment Relations Board shall have initial exclusive jurisdiction to resolve any disputes arising among the provider organization, the Governor or the Governor’s designated representative, the department, any other agency, department, contractor, subcontractor, or any political subdivision of the state administering a state-funded early care and education program, and family child care providers regarding lists of family child care providers given to the provider organization pursuant to this section. (m) The Public Employment Relations Board shall perform its duties under this section consistent with its regulations and shall have the authority to make additional regulations. The board may also adopt, amend, or repeal all rules and regulations necessary to carry out this chapter as emergency regulations in accordance with 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 adoption, amendment, or repeal of regulations pursuant to this subdivision is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  102. 10422.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Family child care providers may form, join, and take part in provider organizations of their choice, and may also refuse to join or participate.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10422.5. Family child care providers have the right to form, join, and participate in the activities of provider organizations of their own choosing. Family child care providers also have the right to refuse to join or participate in the activities of provider organizations. This chapter does not change the rights of family child care providers to represent themselves individually in their relations with the state, agencies or departments of the state, contractors of the state, parents, or others, or their rights to speak to and petition the government with respect to all aspects of the state’s early care and education program or any other topic. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  103. 10423.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Family child care providers are not public employees, and this chapter does not create an employer-employee relationship with the state or related public and private administering 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10423. Family child care providers are not public employees, and this chapter does not create an employer-employee relationship between family child care providers and the state, any agency or department of the state, any political subdivision of the state, or a contractor or subcontractor administering a state-funded early care and education program, for any purpose, including, but not limited to, eligibility for health or retirement benefits, workers’ compensation, unemployment insurance, liability under the Labor Code or state wage orders, or vicarious liability in tort. This chapter does not alter the status of a family child care provider as a business owner, an employee of a family, or a contractor. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  104. 10423.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section says the chapter does not change families’ rights to choose, direct, or end the services of family child care 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10423.5. This chapter does not alter the rights of families to select, direct, and terminate the services of family child care providers. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  105. 10424.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets rules for choosing and certifying a provider organization to represent family child care providers, including election procedures, support thresholds, confidentiality, and timelines.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10424. (a) An appropriate unit of family child care providers, as described in subdivision (h), may designate, in accordance with this chapter, the provider organization, if any, that shall be its representative for purposes of this chapter. The board shall, pursuant to the procedures in this section, certify a provider organization designated by an appropriate unit of family child care providers as the representative of those providers for purposes of this chapter. There shall be no more than one certified representative for purposes of this chapter at any time. (b) Requests for elections, challenges, requests for intervention, and requests for decertification shall be filed with, received by, and acted upon by the board, in accordance with its rules and regulations, to the extent those regulations are not inconsistent with this chapter, provided that a valid petition for a certification or decertification election shall be resolved by a secret ballot election among family child care providers. This section does not prevent the board from entering into agreements with one or more third-party services to conduct those elections. (c) (1) A provider organization petitioning for an election to be certified by the board as the representative for an appropriate unit of providers shall include in its petition proof of a 10-percent showing of interest designating the provider organization to act as the statewide representative of the providers. For purposes of the showing of interest, “family child care provider” shall include any “family child care provider” within the meaning of subdivision (b) of Section 10421 who received a subsidy payment in any of the last three full calendar months before the petition was submitted for which the information is available pursuant to subdivision (d) of Section 10422. Proof of support may consist of, but does not require, any one of the following: (A) Proof of dues payments. (B) Dues deduction authorization forms. (C) Membership applications. (D) Authorization cards signed by providers. (E) Petitions signed by providers, provided the purpose of the petition is clearly stated on each page. (2) (A) The board, or a neutral third party designated by the board to act on a request for an election, shall consider evidence of a family child care provider’s support, or lack of support, for a provider organization valid if it was signed by the family child care provider within two years of the date it is submitted to the board. For purposes of showing proof of support by a provider for a provider organization, as described in paragraph (1), the board shall accept any electronic signature that satisfies either of the following: (i) Contains the signer’s name and contact information including one or more of the following: telephone number, email address, or home address. The party collecting the signatures shall send the signer a confirmation transmission to the telephone number, email address, or home address provided, which includes the information provided, the date signed, and the language to which the signer has agreed; and the party collecting the signatures shall maintain for inspection any responses to the confirmation transmission received by the time of submission. The party collecting signatures shall submit to the board any response from a signer indicating the signer did not authorize the electronic signature. (ii) Meets the requirements of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code). (B) Notwithstanding subparagraph (A), if the board enacts regulations authorizing the acceptance of electronic signatures, those regulations shall govern as to any signatures signed after the date those regulations become effective. (3) Documents submitted to the board as proof of provider support shall remain confidential and not be disclosed by the board to any party other than the petitioner, except to indicate whether the proof of support is sufficient. (4) A party that contends that proof of provider support was obtained by fraud or coercion, or that the signatures on such support documents are not genuine, shall file with the board evidence in the form of declarations under penalty of perjury supporting such contention within 20 days after the filing of the petition that the proof of support accompanied. The board shall refuse to consider any evidence not timely submitted, absent a showing of good cause for late submission. When prima facie evidence is submitted to the board supporting a claim that proof of support was tainted by misconduct, the board shall conduct an investigation. If, as a result of the investigation, the board determines that the showing of support is inadequate because of misconduct, the petition shall be dismissed. (d) (1) Upon submission of an election request, and at the direction of the board, the Department of Human Resources shall, with the assistance of the department, any state department or agency or its contractor or subcontractor, and any political subdivision of the state, provide the board and the party seeking certification a list of all family child care providers, as defined in subdivision (b) of Section 10421, who received a subsidy payment in any of the last three full calendar months before the date the petition was submitted for which provider information is available pursuant to subdivision (d) of Section 10422. The list shall be provided at a date established by the board, but in no case earlier than April 1, 2020. This list shall include, for each provider, the following information: the provider’s name; home address; mailing address; county; home, if known, work, and cellular telephone numbers; email address, if known; the agency, contractor, subcontractor, or political subdivision of the state administering the state-funded early care and education program in which the provider participates; the unique provider identification number, if applicable; and the state facility license number, if known. The list shall be produced in manipulable electronic format and shall be alphabetized. The board may designate a neutral third party to act on any of the requests filed with the board pursuant to this subdivision. (2) Unless otherwise directed by the board, to be eligible to vote in a representation, amendment, or decertification election, a provider must have received a subsidy payment in any of the last three full calendar months before the date the petition was submitted for which information is available pursuant to subdivision (d) of Section 10422. (e) (1) Upon submission of an election request, the board shall direct the Department of Human Resources, with the assistance of the department, any other agency or department, any political subdivisions of the state that are involved in the administration of the state-funded early care and education program, and the relevant contractors or subcontractors of those departments and agencies, to provide notice of the request for recognition to providers as soon as possible, but in no event later than 10 days following receipt of the request. (2) A notice of a request for recognition shall consist of a copy of the request for recognition and any form written by the board for this purpose. The notice shall be provided to providers through email, through the agencies’ and contractors’ respective internet websites, or through other means reasonably calculated to provide notice to the greatest number of providers; and, where the means of notice allows, shall remain posted for at least 20 days. (3) Within 20 days following posting or distribution of the request for recognition, an entity determined to be a provider organization pursuant to subdivision (a) of Section 10422 may file an intervention to appear on the ballot. A provider organization petitioning as an intervenor in an election shall demonstrate a 10-percent showing of interest in the same manner as described in subdivision (c). (f) If the board makes an initial determination that the showing is insufficient, the board may allow an additional 10 days for a petitioner to perfect its proof of support. If the board determines that a petition is valid and an election is required, the board shall direct the Department of Human Resources, with the assistance of the department, any other agency or department, any political subdivisions of the state that are involved in the administration of the state-funded early care and education program, and the relevant contractors or subcontractors of those departments and agencies, to mail notice of the election to providers. (g) If a petition is determined to be valid, the election shall be conducted by mail ballot no later than 90 days from the date the petition is filed or June 1, 2020, whichever is later. (h) The only appropriate bargaining unit of providers is a statewide unit of all family child care providers described in subdivision (b) of Section 10421. (i) A certified provider organization shall represent each provider in the represented unit fairly with respect to matters within the scope of the certified provider organization’s role as representative of the bargaining unit for purposes of this chapter, without discrimination and without regard to whether the provider is a member of the certified provider organization. (j) Provider organizations shall have the right to represent their members with respect to matters within the scope of the provider organization’s role as representative of the bargaining unit for purposes of this chapter, except that once a provider organization is certified as the exclusive representative of the unit, the certified provider organization is the only organization that may represent that unit in relations with the state. Provider organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. This section does not prohibit a provider from appearing on their own behalf in their relations with the state. (k) The Governor, or the Governor’s representative, shall grant exclusive recognition to the certified provider organization, subject to the right of a provider to represent themselves. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  106. 10424.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section limits what topics are within the scope of representation for certified provider organizations and says other matters are reserved to the state.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10424.5. (a) The scope of representation shall not extend to the rights of families to select, direct, and terminate the services of family child care providers. The scope of representation shall be limited to the following: (1) Improvement of recruitment and retention of providers. (2) Joint labor-management committees, including the training partnership described in Section 10429.5. (3) Grievance arbitration. (4) Professional development and training for providers, including preservice and ongoing inservice training and training on supporting dual language learners in their biliteracy and overall development. (5) Contributions to a certified provider organization-administered benefit trust fund. (6) Payment and payment reporting procedures for state-funded early care and education programs. (7) Reimbursement rates including, but not limited to, rate add-ons for providers who complete additional training; and other economic matters. (8) The deduction of membership dues and other voluntary deductions authorized by individual providers and allocation of the costs of implementing that deduction system. (9) Strike and lockout provisions. (10) Confidentiality of information exchanged between parties consistent with state and federal law. (11) Management and certified provider organization rights clauses. (12) Any standard contract clauses necessary to effectuate a memorandum of understanding, including an entire agreement or integration clause, savings clause, or duration clause. (13) Impacts on providers’ delivery of services, as a result of changes in regulations, rules, or resolutions, including, but not limited to, those that impact providers in regards to licensing and child care quality measures. However, the decision to promulgate, the content of a regulation, rule, or resolution, and the enforcement of a regulation, rule, or resolution are not within the scope of representation, and shall not be a subject of meeting and negotiating. (14) The structure, time, and manner of certified provider organization access to preservice meetings and orientations, as set forth in Section 10428.7. (b) All matters not specifically enumerated are reserved to the state and may not be a subject of meeting and negotiating, except that this section does not limit the right of the state to consult and reach agreement with any certified provider organization on any matter outside the scope of representation. Any matter outside the enumerated subjects listed in this section agreed to by the parties in a memorandum of understanding shall not be considered a mandatory subject of bargaining. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  107. 10425.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain state agencies must let a certified provider organization join stakeholder meetings, and the Governor or designee must give notice and a chance to meet and confer before covered rulemaking, except in emergencies.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10425. (a) The department and any other state department or agency administering a state-funded early care and education program shall permit the certified provider organization to participate in a stakeholder meeting convened to provide input regarding proposed rules and regulations that are subject to the procedures set forth in Chapter 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code and that are within the scope of representation, as described in Section 10424.5. (b) Except in cases of an emergency as provided in this section, the Governor, through the Department of Human Resources, or the Governor’s designee shall give reasonable written notice to the certified provider organization of any rule, resolution, or regulation directly relating to matters within the scope of representation, as described in Section 10424.5, proposed to be adopted by the department, or the State Department of Education, and shall give the certified provider organization the opportunity to meet and confer with the Governor, through the Department of Human Resources, or the Governor’s designee. (c) In cases of an emergency where the Governor, through the Department of Human Resources, determines that a rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the certified provider organization, the Department of Human Resources or the Governor’s designee shall provide a notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of that rule, resolution, or regulation. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  108. 10425.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The Governor, through the Department of Human Resources or a designee, must meet and confer in good faith with the certified provider organization on matters within the scope of representation.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10425.5. (a) The Governor, through the Department of Human Resources or the Governor’s designee, shall meet and confer in good faith regarding all matters within the scope of representation with representatives of a certified provider organization and, before arriving at a determination of policy or course of action, shall fully consider the presentations made by the certified provider organization on behalf of the family child care providers it represents. (b) Unless the Governor otherwise so designates, the Department of Human Resources shall be the representative of the Governor to meet and confer regarding the scope of representation with representatives of the certified provider organization defined in subdivision (a) of Section 10421, for family child care providers and to carry out the professional functions and responsibilities in labor relations matters in accordance with this chapter. (c) As used in this section, “meet and confer in good faith” means that the Governor, through the Department of Human Resources or the Governor’s designee, and representatives of the certified provider organization shall have the mutual obligation to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to freely exchange information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The duty to meet and confer in good faith also requires the parties to begin negotiations sufficiently in advance of the adoption of the state’s final budget for the ensuing fiscal year so that there is adequate time for agreement to be reached before the adoption of the final budget and for the resolution of an impasse. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  109. 10426.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    If the Governor’s side and the certified provider organization reach agreement, they must prepare a written memorandum of understanding and may need to present it to the Legislature. Funding-related or statute-amendment provisions do not take effect without legislative approval, and the memorandum binds certain state and local entities involved in the program.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10426. (a) If an agreement is reached between the Governor, through the Department of Human Resources or the Governor’s designee, and the certified provider organization, they shall jointly prepare a written memorandum of understanding, which shall be presented, when appropriate, to the Legislature for determination. (b) (1) If any provision of the memorandum of understanding requires the expenditure of funds, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature in a Budget Act. If any provision of the memorandum of understanding requires legislative action to permit its implementation by amendment of an existing statute, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature. (2) If the Legislature does not approve or fully fund any provision of the memorandum of understanding that requires the expenditure of funds, either party may reopen negotiations on all or part of the memorandum of understanding. (3) This section does not prevent the parties from agreeing and effecting those provisions of the memorandum of understanding that have received legislative approval or those provisions that do not require legislative action. (c) A memorandum of understanding between the Governor, through the Department of Human Resources or the Governor’s designee, and the certified provider organization shall be binding on all state departments and agencies and any political subdivision of the state that are involved in the administration of the state-funded early care and education program and the relevant contractors or subcontractors of those departments and agencies. (d) This chapter does not alter the requirements governing the early care and education reimbursement system that are set forth in Section 10228 and in Article 1 (commencing with Section 18074) of Chapter 19 of Division 1 of Title 5 of the California Code of Regulations. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  110. 10426.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certified provider organizations may request deductions from provider subsidy payments, and agencies must honor and help process those requests.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10426.5. (a) Deductions may be requested by a certified provider organization from the subsidy payments of its provider members, and the Department of Human Resources or Governor’s designee shall ensure that those requests are honored. The department, any other state department or agency administering a state-funded early care and education program, contractors or subcontractors of state agencies and departments, and any political subdivisions of the state shall assist the Department of Human Resources or the Governor’s designee in ensuring these requests are honored. The deductions may include membership dues, initiation fees, general assessments, and payment of any other membership benefit program sponsored by the certified provider organization. (b) If the deduction of membership dues or other voluntary deductions from a provider’s subsidy payments requires action by more than one agency, department, political subdivision of the state, contractor, or subcontractor, the certified provider organization shall establish reasonable procedures to ensure that the total amount deducted does not exceed the total dues and other voluntary deductions owed by that provider. (c) The state, its agencies and departments, their contractors and subcontractors, and any political subdivisions of the state shall not be liable in any action by a provider seeking recovery of, or damage for, improper calculation or use of dues or other voluntary deductions. (d) An entity that makes subsidy payments to providers, as described in subdivision (a), shall do all of the following: (1) Rely on a certification from the certified provider organization requesting a deduction or reduction that it has and will maintain an authorization, signed by the individual provider from whose subsidy the deduction or reduction is to be made. A certified provider organization that certifies that it has and will maintain individual provider authorizations shall not be required to provide a copy of an individual authorization to the entity unless a dispute arises about the existence or terms of the authorization. The certified provider organization shall indemnify the state, its agencies and departments, and their contractors and subcontractors, and any political subdivisions of the state, for any claims made by the provider for deductions made in reliance on that certification. (2) Direct provider requests to cancel or change deductions for a certified provider organization to the certified provider organization, rather than to the entity that makes subsidy payments. The entity that makes subsidy payments shall rely on information provided by the certified provider organization regarding whether deductions for the certified provider organization were properly canceled or changed, and the certified provider organization shall indemnify the state, its agencies and departments, and their contractors and subcontractors, and any political subdivisions of the state, for any claims made by the provider for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the provider’s written authorization. (3) After receiving notification from a certified provider organization that it possesses authorization for deduction, commence the first deduction in the next pay period after the entity receives the notification. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  111. 10427.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    If a memorandum of understanding expires without a new agreement or impasse, the parties must keep following the expired agreement. The provision also allows mediation and lets the Governor declare an impasse after mediation is exhausted.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10427. (a) If a memorandum of understanding has expired, and the Governor or the Governor’s representative and the certified provider organization have not agreed to a new memorandum of understanding and have not reached an impasse in negotiations, subject to subdivision (b), the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including, but not limited to, all provisions that supersede existing law, any arbitration provisions, any no strike provisions, and any provisions covering membership dues consistent with Section 10426.5. (b) If, after a reasonable period of time, the parties fail to reach agreement, the parties may agree upon the appointment of a mediator mutually agreeable to the parties, or either party may declare that an impasse has been reached and request the board to appoint a mediator. When both parties mutually agree upon a mediator, costs of mediation shall be divided one-half to the state and one-half to the certified provider organization. A memorandum of understanding reached by means of mediation is subject to appropriation by the Legislature and necessary statutory revisions. (c) After the mediation procedure has been exhausted, and no resolution has been reached by the parties, the Governor, or the Governor’s representative, may declare an impasse and implement any or all of its last, best, and final offer. Any proposal in the Governor’s, or the Governor’s representative, last, best, and final offer that, if implemented, would conflict with existing statutes or require the expenditure of funds, shall be presented to the Legislature for approval. Implementation of the last, best, and final offer does not relieve the parties of the obligation to bargain in good faith and reach an agreement on a memorandum of understanding if circumstances change, and does not waive rights that the certified provider organization has under this chapter. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  112. 10427.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain state agencies must not retaliate against, interfere with, or discourage providers and provider organizations in this program context.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10427.5. It is unlawful for the Department of Human Resources or the Governor’s designee, the department, or any state agency or department charged with the administration of any state-funded early care and education program, as defined in subdivision (f) of Section 10421, to do any of the following: (a) Impose or threaten to impose reprisals on providers, to discriminate or threaten to discriminate against providers, or otherwise to interfere with, restrain, or coerce providers because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision and subdivision (f), “provider” includes individuals seeking to participate in state-funded early care and education programs as providers. (b) Deny to provider organizations rights guaranteed to them by this chapter. (c) Refuse or fail to meet and confer in good faith with the certified provider organization. (d) Dominate or interfere with the formation or administration of any provider organization, or contribute financial or other support to it, or in any way encourage providers to join any provider organization in preference to another. (e) Refuse to participate in good faith in the mediation procedure set forth in Section 10427. (f) Deter or discourage providers from becoming or remaining members of a provider organization, or from authorizing representation by a provider organization, or from authorizing dues or other voluntary deductions to a provider organization. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  113. 10427.7.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain administrators of state-funded early care and education programs must not retaliate against, discriminate against, or interfere with providers or provider organizations.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10427.7. It is unlawful for any political subdivision, contractor, or subcontractor, charged with the administration of a state-funded early care and education program, as defined in subdivision (f) of Section 10421, to do any of the following: (a) Impose or threaten to impose reprisals on providers, to discriminate or threaten to discriminate against providers, or otherwise to interfere with, restrain, or coerce providers because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “provider” includes providers seeking to participate in state-funded early care and education programs as providers. (b) Deny to provider organizations rights guaranteed to them by this chapter. (c) Dominate or interfere with the formation or administration of any provider organization, or contribute financial or other support to it, or in any way encourage providers to join any provider organization in preference to another. (d) Deter or discourage providers from becoming or remaining members of a provider organization, or from authorizing representation by a provider organization, or from authorizing dues or other voluntary deductions to a provider organization. For purposes of this subdivision, “provider” includes individuals seeking to participate in state-funded early care and education programs as providers. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  114. 10428.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Provider organizations and certified provider organizations must not interfere with, coerce, or retaliate against providers, and must not cause certain agencies or contractors to violate related sections.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10428. It shall be unlawful for a provider organization or a certified provider organization to: (a) Cause or attempt to cause the Department of Human Resources or the Governor’s designee, the department, or any state agency, department, local political subdivision, contractor, or subcontractor, charged with the administration of a state-funded early care and education program, as defined in subdivision (f) of Section 10421, to violate Section 10427.5 or 10427.7. (b) Impose or threaten to impose reprisals on providers, to discriminate or threaten to discriminate against providers, or otherwise to interfere with, restrain, or coerce providers because of their exercise of rights guaranteed by this chapter. (c) Refuse or fail to meet and confer in good faith with the Department of Human Resources or the Governor’s designee. (d) Refuse to participate in good faith in the mediation procedure set forth in Section 10427. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  115. 10428.3.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Before certain unfair practice charges can be filed, the complainant must give notice within 30 days and allow a 60-day cure 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10428.3. (a) An unfair practice charge alleging that a political subdivision, a contractor, or a subcontractor has committed a violation of Section 10427.7, or an unfair practice charge alleging a violation of subdivision (c) of Section 10427.5 that is based on the conduct of a political subdivision, a contractor, or a subcontractor, shall commence only after all the following requirements have been met: (1) A party alleging an unfair practice shall first provide notice to the Department of Human Resources of any alleged violation of Section 10427.7 by a political subdivision, a contractor, or a subcontractor, or any alleged violation of subdivision (c) of Section 10427.5 that is based on the conduct of a political subdivision, a contractor, or a subcontractor, and any facts supporting the alleged violation, within 30 calendar days of the date on which the party knew or reasonably should have known about the incident giving rise to the alleged violation. (2) The department, or any state agency or department charged with the administration of state-funded early care and education programs, consistent with the advice and direction of the Department of Human Resources, shall work in good faith with the political subdivision, contractor, or subcontractor to cure the alleged violation within 60 calendar days of the postmarked notice from a provider, provider organization, or certified provider organization. State agencies or departments shall expedite, whenever possible, the resolution of alleged violations that have a financial impact on providers. If the political subdivision, contractor, or subcontractor cures the alleged violation, it shall send a written description of steps taken to the party alleging a violation within the 60-day period and to the department or the department charged with the administration of state-funded early care and education programs, as applicable, and to the Department of Human Resources. (3) At the conclusion of the 60-day period, the party alleging an unfair practice may commence an unfair practice charge before the board consistent with Section 10428.5. In the board agent’s initial determination as to whether the charges of unfair practices establish a prima facie violation of Section 10427.5 or 10427.7, consistent with Section 10428.5 and applicable regulations, if the board agent determines the political subdivision, contractor, or subcontractor cured the alleged unfair practice during the 60-day period, the board shall dismiss the charge for failure to establish a prima facie violation. (b) In any unfair practice charge before the board, the political subdivision, contractor, or subcontractor shall have the opportunity to be represented by a representative of its choice, but in no instance shall the state, the Department of Human Resources, the department, or any state agency charged with the administration of state-funded early care and education programs be obligated to provide representation to the political subdivision, contractor, or subcontractor before the board. However, the Department of Human Resources may intervene in any such proceedings before the board. (c) In any violation of Section 10427.7 committed by a political subdivision, contractor, or subcontractor, as determined by the board, any monetary damage award or attorney fee award shall not be imposed upon the state, the Department of Human Resources, the department, or any other department or agency charged with the administration of a state-funded early care and education program, as defined in subdivision (f) of Section 10421. (d) The state, the Department of Human Resources, the department, and any state agency charged with the administration of state-funded early care and education programs shall not be liable for an unfair labor practice committed by a political subdivision, contractor, or subcontractor. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  116. 10428.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The board can handle unfair practice charges in this chapter, but it must use existing rules, create procedures, and follow limits on when complaints may be issued.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10428.5. (a) The powers and duties of the board described in Section 3541.3 of the Government Code, also apply, as appropriate, to this chapter. In implementing this chapter, the board shall rely on its existing regulations for the adjudication of unfair practice charges. The board may promulgate emergency regulations as necessary to effectuate its powers and duties under this chapter. (b) The initial determination as to whether the charges of unfair practices are justified and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board does not have authority to award strike-preparation expenses as damages, and does not have authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board and shall include all the following: (1) Any provider, provider organization, certified provider organization, the Department of Human Resources or the Governor’s designee, or the department, or any state agency, department, political subdivision, contractor, or subcontractor, charged with the administration of any state-funded early care and education program, as defined in subdivision (f) of Section 10421, shall have the right to file an unfair practice charge, except that the board shall not do either of the following: (A) Issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. This period may be tolled for the completion of the notice and cure requirements in Section 10428.3. (B) Issue a complaint against conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration. However, when the charging party demonstrates that resort to contract grievance procedures would be futile, exhaustion shall not be necessary. The board has discretionary jurisdiction to review the settlement or arbitration award reached pursuant to the grievance machinery solely for the purpose of determining whether it is repugnant to the purposes of this chapter. If the board finds that the settlement or arbitration award is repugnant to the purposes of this chapter, it shall issue a complaint on the basis of a timely filed charge, and hear and decide the case on the merits. Otherwise, the board shall dismiss the charge. The board shall, in determining whether the charge was timely filed, consider the six-month limitation set forth in this subdivision to have been tolled during the time it took the charging party to exhaust the grievance machinery. (2) The board does not have the authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of any agreement that would not also constitute an unfair practice under this chapter. (3) The board has the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action as will effectuate the policies of this chapter. (c) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such case, may petition for a writ of extraordinary relief from such decision or order. (d) Such petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of such petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless such time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board such temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, are conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superceded herein, apply to proceedings commenced pursuant to this section. (e) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. If, after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refused to comply with the order, the court shall enforce such order by writ of mandamus. The court shall not review the merits of the order. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  117. 10428.7.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Certain public or state-related entities must give certified provider organizations access to preservice meetings for family child care providers, and must give advance notice and limit disclosure in some cases.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10428.7. (a) If online or group in-person preservice meetings or orientations are held for family child care providers by the state or a department, contractor, subcontractor, or political subdivision of the state, that entity shall provide a certified provider organization mandatory access to the entirety of those preservice meetings or orientations and the ability to make a presentation about the certified provider organization and its activities, its negotiations and memorandum of understanding, and membership at the preservice meeting or orientation trainings. The state or a department, contractor, subcontractor, or political subdivision of the state that is providing the preservice meeting or orientation shall notify the certified provider organization of its group in-person preservice meeting or orientation at least 10 days in advance of the preservice meeting or orientation, or, in the event that 10 days’ notice is not possible, as soon as the entity providing the preservice meeting or orientation has notice of the planned preservice meeting or orientation. If participation in a preservice meeting or orientation is limited to current providers, the date, time, and place of the preservice meeting or orientation shall not be disclosed to anyone other than the providers, the certified provider organization, or a vendor that is contracted to provide a service for purposes of the preservice meeting or orientation. (b) The structure, time, and manner of certified provider organization access to preservice meetings or orientations held for providers by the state, or a department, contractor, subcontractor, or political subdivision of the state, are within the scope of representation as described in Section 10424.5. This section does not prohibit agreements between a certified provider organization and the Governor, or the Governor’s representative, that provide for preservice meetings or orientations that vary from the requirements of subdivision (a). If such an agreement is adopted as part of a memorandum of understanding pursuant to Section 10426, the requirements of this section shall not apply to the extent they are inconsistent with the agreement. In the absence of a mutual agreement regarding preservice meetings or orientations, all of the requirements of this section shall apply. (c) For purposes of this section, the following definitions apply: (1) “Group” means open to five or more providers or potential providers. (2) “Orientation” means any presentation or meeting required for initial or continued participation in state-funded early care and education programs, any presentation or meeting where information required for participation in state-funded early care and education programs is communicated directly to providers or, if no such presentation or meeting is held in a county in a calendar month, the orientations required for license applicants as described in Section 1596.845 of the Health and Safety Code. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  118. 10429.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    If a certified provider organization exists, certain state actors must coordinate with it before sending mass communications about provider-organization rights, and may have to distribute the organization’s message too.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10429. (a) This section shall apply only if a provider organization has been certified pursuant to Section 10424. (b) If the state, or a department, political subdivision, contractor, or subcontractor that administers a state-funded early care and education program chooses to disseminate mass communications to family child care providers or applicants for participation in state-funded early care and education programs concerning providers’ rights to join or support a provider organization or a certified provider organization, or to refrain from joining or supporting a provider organization or a certified provider organization, the Department of Human Resources or the Governor’s designee shall meet and confer with the certified provider organization concerning the content of the mass communication. (c) If the state, or a department or political subdivision of the state that administers a state-funded early care or education program, is the entity sending a mass communication, and the Department of Human Resources and the certified provider organization do not agree on the content of the mass communication covered by this section, and if the state, or a department or political subdivision of the state, still chooses to disseminate the mass communication, the state, or a department or political subdivision of the state, shall distribute to the family child care providers, in addition to, and at the same time as, its own mass communication, a communication of reasonable length provided to the state, or a department or political subdivision of the state, by the certified provider organization. The certified provider organization shall provide the state, or a department or political subdivision of the state, with adequate copies of its own mass communication before distribution. (d) This section does not apply to the distribution of a communication concerning provider rights that has been adopted for purposes of this section by the Public Employment Relations Board or the Department of Human Resources. (e) For purposes of this section, a “mass communication” means a written document, or script for an oral or recorded presentation or message, that is intended for delivery to multiple providers. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  119. 10429.5.

    ## 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 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. )

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    A qualifying training partnership must consult specified public and nonprofit entities when carrying out this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 25. Building a Better Early Care and Education System [10420 - 10429.5] ( Chapter 25 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10429.5. To effectuate the purposes of this chapter, any training partnership that is established as a joint labor-management committee pursuant to paragraph (2) of subdivision (a) of Section 10424.5. to make recommendations as to any professional development and training program agreed to through the meet and confer process described in paragraph (4) of subdivision (a) of Section 10424.5, shall consult with public entities, including, but not limited to, the Early Childhood Policy Council and its subcommittees, the department, the Superintendent of Public Instruction, and nonprofit entities, including the California Child Care Resource and Referral Network, First 5 California, and local First 5 commissions. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  120. 10430.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must create an annual public calendar for key contract dates and update it at least once a year.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10430. The department shall develop an annual calendar identifying target dates for contract application deadlines, contract award announcements, contract approvals, and contract evaluations. Each calendar shall be available to the public and shall be updated at least annually. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  121. 10431.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must develop and maintain a central distribution list for application announcements.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10431. The department shall develop and maintain a central distribution list for application announcements. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  122. 10432.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Application announcements must include key program, service, evaluation, review, and performance information.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10432. Application announcements shall contain, but not be limited to, the following information: the goals and objectives of the program, identification of the specific minimum range of services to be purchased related to those goals, quantitative as well as qualitative measures which will be used by the department to evaluate service outcomes, specific criteria and a description of the methodology and timetable which will be followed to review and approve applications, and all minimum performance standards any agency is required to meet prior to direct service contract approval. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  123. 10433.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must include specified information in any application announcement for the direct service contract 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10433. (a) The department shall include all of the following in the application announcement: (1) The time estimated for each step. (2) The specific staff names, office addresses, and telephone numbers for those responsible for each step. (3) The legal requirements and signatory approvals required prior to final approval of any contract. (4) Any conditions for advance payments shall also be identified. (b) This information shall be provided in any application announcement. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  124. 10434.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must send agencies with direct service contracts the forms and contract information they need, and it must do so before final contract approval unless that information is already in the contract document.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10434. The department shall identify and transmit to all agencies awarded direct service contracts forms required for contract payments, management information or reports required pursuant to contract objectives, and conditions and methods for contract evaluations. Methods and conditions for payment recoveries, withholding of payments, and contract terminations relating to nonperformance shall also be identified. This information shall be provided in all cases prior to final approval of any direct service contract, unless the information is provided in the contract document. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  125. 10435.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department must develop a grievance procedure for disputes about awarding or administering direct service 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10435. The department shall develop a grievance procedure for resolving disputes arising from the awarding or administering of direct service contracts, in addition to the remedies provided under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  126. 10436.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section sets deadlines for state departments to approve childcare contract terms, issue funding applications, update fee schedules, and review or conduct market rate and reimbursement-related studies.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10436. (a) The Legislature hereby finds and declares that greater efficiencies may be achieved in the execution of state-subsidized childcare and development program contracts with public and private agencies by the timely approval of contract provisions by the Department of Finance, the Department of General Services, and the department, and by authorizing the department to establish a multiyear application, contract expenditure, and service review, as may be necessary, to provide timely service while preserving audit and oversight functions to protect the public welfare. (b) (1) The Department of Finance and the Department of General Services shall approve or disapprove annual contract funding terms and conditions, including both family fee schedules and rate schedules that are required to be adhered to by contract, and contract face sheets submitted by the department not more than 30 working days from the date of submission, unless unresolved conflicts remain between the Department of Finance, the department, and the Department of General Services. The department shall resolve conflicts within an additional 30-working day time period. Contracts and funding terms and conditions shall be issued to childcare contractors no later than June 1. Applications for new childcare funding shall be issued not more than 45 working days after the effective date of authorized new allocations of childcare moneys. (2) If the market rate survey is used to set reimbursement rates, and notwithstanding paragraph (1), the department shall implement the regional market rate schedules based upon the county aggregates, as specified in Section 10374.5 and the annual Budget Act. (3) It is the intent of the Legislature to fully fund the third stage of childcare for former CalWORKs recipients. (c) With respect to subdivision (b), it is the intent of the Legislature that the Department of Finance annually review contract funding terms and conditions for the primary purpose of ensuring consistency between childcare contracts and the childcare budget. This review shall include evaluating any proposed changes to contract language or other fiscal documents to which the contractor is required to adhere, including those changes to terms or conditions that authorize higher reimbursement rates, modify related adjustment factors, modify administrative or other service allowances, or diminish fee revenues otherwise available for services, to determine if the change is necessary or has the potential effect of reducing the number of full-time equivalent children that may be served. (d) If an alternative methodology, as defined in subdivision (ak) of Section 10213.5, is used to inform the setting of reimbursement rates for subsidized childcare, the department may contract to develop and conduct an alternative methodology to set reimbursement rates for subsidized childcare, subject to prior approval by the United States Department of Health and Human Services, Administration for Children and Families, no less than every three years and no sooner than two years prior to the submission of the Child Care and Development Fund (CCDF) Plan. If the department does not use an alternative methodology and the market rate survey is used to set reimbursement rates, alternative payment programs, as set forth in Chapter 3 (commencing with Section 10225), shall be subject to the rates established in the Regional Market Rate Survey of California Child Care Providers for provider payments, and the department shall contract to conduct a regional market rate survey once every three years, consistent with federal regulations, with a goal of completion by March 1. (e) By March 1 of each year, the Department of Finance shall provide to the department the state median income amount for a four-person household in California using the methodology provided in subdivision (c) of Section 10271.5. The department shall adjust its fee schedule for childcare providers to reflect this updated state median income, and changes based on revisions to the state median income amount shall not be implemented midyear. (f) Notwithstanding the June 1 date specified in subdivision (b), changes to the regional schedules and fee schedules may be made at any other time to reflect the availability of accurate data necessary for their completion, provided these documents receive the approval of the Department of Finance. The Department of Finance shall review the changes within 30 working days of submission and the department shall resolve conflicts within an additional 30-working day time period. Contractors shall be given adequate notice before the effective date of the approved schedules. It is the intent of the Legislature that contracts for services not be delayed by the timing of the availability of accurate data needed to update these schedules. (Amended by Stats. 2026, Ch. 25, Sec. 37. (AB 150) Effective June 29, 2026.)
  127. 10437.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The department may run a multiyear application process, and only fully compliant public and private agencies may submit multiyear applications.

    ## 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 26. Direct Service Contract Procedure [10430 - 10437] ( Chapter 26 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10437. The department may execute a multiyear application process. Multiyear applications may only be submitted by public and private agencies that have been fully compliant in executing prior contracts for at least the preceding three fiscal years as evidenced by all of the following: (a) No fiscal audit disclaimer. (b) No program quality deficiencies. (c) No contract compliance deficiencies. (d) No incidents of child abuse or molestation. (e) No program management, administrative, or staffing deficiencies. (f) Any other criteria as may be deemed necessary to safeguard the public trust. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  128. 10440.

    ## 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 27. Direct Service Contract Audit Requirements [10440 - 10441] ( Chapter 27 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section defines key audit terms and requires state-funded organizations under direct service contracts to obtain and file required audits.

    ## 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 27. Direct Service Contract Audit Requirements [10440 - 10441] ( Chapter 27 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10440. As used in this chapter: (a) “Financial and compliance audit” means a systematic review or appraisal to determine each of the following: (1) Whether the financial statements of an audited organization fairly present the financial position and the results of financial operations in accordance with generally accepted accounting principles. (2) Whether the organization has complied with laws and regulations that may have a material effect upon the financial statements. (b) “Public accountants” means certified public accountants, or state licensed public accountants. (c) “Independent auditors” means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. (d) “Generally accepted auditing standards” means the auditing standards set forth in the financial and compliance element of the “Government Auditing Standards” issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. (e) “Direct service contract” means any contract with any public or private entity for child care and development programs, resource and referral programs, and programs contracting to provide support services as defined in Section 10213.5. (f) “Nonprofit organization” means an organization described in Section 501(c)(3) of the Internal Revenue Code of 1954 which is exempt from taxation under Section 501(a) of that code, or any nonprofit, scientific, or educational organization qualified under Section 23701d of the Revenue and Taxation Code. (g) (1) Annually, there shall be a single independent financial and compliance audit of organizations that contract with the state under a direct service contract. Any such audit shall include an evaluation of the accounting and control systems of the direct service contractor and of the activities by the contractor to comply with the financial requirements of direct service contracts received by the contractor from the state agency. The financial and compliance requirements to be reviewed during the audit shall be those developed and published by the department in consultation with the Department of Finance. Audits carried out pursuant to this section shall be audits of the contractor rather than audits of individual contracts or programs. In the case of any contractor that receives less than twenty-five thousand dollars ($25,000) per year from any state agency, the audit required by this section shall be conducted biennially, unless there is evidence of fraud or other violation of state law in connection with the direct service contract. The cost of the audit may be included in direct service contracts. (2) The organization receiving funds from the state shall be responsible for obtaining the required financial and compliance audits of the organization and any subcontractors, except for direct service subcontracts and other subcontracts exempt from the department review, as agreed to by the Departments of Finance and General Services. The audits shall be made by independent auditors in accordance with generally accepted auditing standards. The audit shall be completed by the 15th day of the fifth month following the end of the contractor’s fiscal year. A copy of the required audit shall be filed with the department upon its completion. In the event an audit is not filed, the department shall notify the organization of the contract violation. The audit report filed shall be an integral part of the direct service contract file. (h) (1) Nothing in this chapter limits the authority of the department to make audits of direct service contracts. However, if independent audits arranged for by direct service contractors meet generally accepted auditing standards, the department shall rely on those audits and any additional audit work shall build upon the work already done. (2) Nothing in this chapter precludes the state from conducting, or contracting for the conduct of, contract performance audits which are not financial and compliance audits. (3) Nothing in this chapter limits the state’s responsibility or authority to enforce state law or regulations, procedures, or reporting requirements arising pursuant thereto. (4) Nothing in this chapter limits the responsibility of the department to provide an independent appeal procedure according to the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2) of the Government Code. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  129. 10441.

    ## 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 27. Direct Service Contract Audit Requirements [10440 - 10441] ( Chapter 27 added by Stats. 2021, Ch. 116, Sec. 260. )

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    Child development contractors may keep earned funds and reserve balances, but the money must stay in the reserve account, be used only for allowed program costs, and excess amounts must be returned to 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 27. Direct Service Contract Audit Requirements [10440 - 10441] ( Chapter 27 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10441. (a) Child development contractors are encouraged to develop and maintain a reserve within the child development fund, derived from earned but unexpended funds. Child development contractors may retain all earned funds. For purposes of this section, “earned funds” means those funds for which the required number of eligible service units have been provided. (b) (1) Earned funds shall not be expended for activities proscribed by Section 10398. Earned but unexpended funds shall remain in the contractor’s reserve account within the child development fund and shall be expended only by direct service child development programs that are funded under contract with the department. (2) A contractor may retain a reserve fund balance, separate from the reserve fund retained pursuant to subdivision (c) or (d), equal to 15 percent of the sum of the maximum reimbursable amounts of all contracts to which the contractor is a party, or two thousand dollars ($2,000), whichever is greater. This subparagraph applies to direct service child development contracting agencies that are funded under contract with the department. (c) Notwithstanding subdivisions (a) and (b), a contractor may retain a reserve fund balance for a resource and referral program, separate from the balance retained pursuant to subdivision (b) or (d), not to exceed 3 percent of the contract amount. Funds from this reserve account may be expended only by resource and referral programs that are funded under contract with the department. (d) Notwithstanding subdivisions (a) and (b), a contractor may retain a reserve fund balance for alternative payment model and certificate childcare contracts, separate from the reserve fund retained pursuant to subdivisions (b) and (c). Funds from this reserve account may be expended only by alternative payment model and certificate childcare programs that are funded under contract with the department. The reserve amount allowed by this subdivision shall not exceed either of the following, whichever is greater: (1) Eight percent of the sum of the parts of each contract to which that contractor is a party that is allowed for administration pursuant to Section 10302 and that is allowed for supportive services pursuant to the contract. (2) One thousand dollars ($1,000). (e) Each contractor’s audit shall identify any funds earned by the contractor for each contract through the provision of contracted services in excess of funds expended. (f) Any interest earned on reserve funds shall be included in the fund balance of the reserve. This reserve fund shall be maintained in an interest-bearing account. (g) Moneys in a contractor’s reserve fund may be used only for expenses that are reasonable and necessary costs as defined in subdivision (n) of Section 10213.5. (h) Any reserve fund balance in excess of the amount authorized pursuant to subdivisions (b), (c), and (d) shall be returned to the department pursuant to procedures established by the department. (i) Upon termination of all child development contracts between a contractor and the department, all moneys in a contractor’s reserve fund shall be returned to the department pursuant to procedures established by the department. (j) Expenditures from, additions to, and balances in, the reserve fund shall be included in the contracting agency’s annual financial statements and audit. (Amended by Stats. 2022, Ch. 62, Sec. 26. (AB 210) Effective June 30, 2022.)
  130. 10470.

    ## 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The Legislature states its intent that funds be appropriated for capital outlay for child care and development 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10470. It is the intent of the Legislature that funds be appropriated for capital outlay for purposes of providing facilities for child care and development services provided pursuant to this part, including, but not limited to, all of the following purposes: (a) For the purchase of relocatable facilities by the state for lease to qualifying contracting agencies in areas with no available economically practical or feasible child care and development facilities. (b) For renovation and repair of child care and development facilities in order to comply with state and local health and safety standards and licensing requirements, without unnecessarily increasing the value of the facility. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  131. 10471.

    ## 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    Some child care and development programs may get loans for facility renovation or relocatable facilities, but recipients must document compliance, keep the facility in program use during the loan period, and may face repayment collection if they stop using it early.

    ## 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10471. (a) All of the following child care and development programs, other than those providing extended day care services, shall be eligible to receive a loan for the renovation and repair of facilities used for the program or to lease relocatable facilities to be used for the program: (1) Private nonprofit child care and development programs currently, or soon to be, under contract with the department pursuant to Section 10268.5. (2) Child care and development programs operated by, or in a facility owned by, a public entity. (b) A recipient of a loan pursuant to this section shall document that the renovated facility shall comply with all laws and regulations applicable to child care facilities provided for pursuant to Chapter 3.4 (commencing with Section 1596.70) and Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code. (c) A recipient of a loan pursuant to this section shall assure the board that the renovated facility shall be used for the purposes of the child care and development program for the entire loan period, which shall be determined by the board as follows: (1) For loans equal to or less than thirty thousand dollars ($30,000), not less than three years. (2) For loans exceeding thirty thousand dollars ($30,000), the loan period shall increase one year for each additional ten thousand dollars ($10,000) or part thereof, to a maximum of fifty thousand dollars ($50,000). (d) Interest on the loan principal shall be charged at a rate equal to the rate earned by the Pooled Money Investment Account. (e) In the event that a recipient ceases to use the renovated facility for purposes of the child care and development program prior to the expiration of the loan period, the board shall collect the entire outstanding balance of the loan, plus interest, notwithstanding the loan period originally set pursuant to subdivision (c), unless the board deems it appropriate to waive repayment at that time. (f) If the renovated facility has been continuously used for purposes of the child care and development program for the entire loan period, the board shall waive repayment of the amount of the loan principal, plus interest, at the end of the loan period. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  132. 10472.

    ## 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section creates the State Child Care Capital Outlay Fund, puts it under the State Allocation Board, and sets rules for leasing relocatable child care 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10472. (a) There is hereby created in the State Treasury the State Child Care Capital Outlay Fund. Notwithstanding Section 13340 of the Government Code, all moneys in the State Child Care Capital Outlay Fund, including moneys deposited in that fund from any source whatsoever, shall be continuously appropriated without regard to fiscal year for expenditure pursuant to the provisions of this chapter. The fund shall be administered by the State Allocation Board, which may authorize the expenditure of any moneys in the fund for capital outlay projects pursuant to Section 10307 or this chapter. Funds in the State Child Care Facilities Fund set aside for the purposes of providing extended day care facilities pursuant to Section 8477 shall be transferred to the State Child Care Capital Outlay Fund upon the effective date of the act amending this section in the 1997–98 Regular Session. (b) The department shall establish the qualifications to determine the eligibility of child care and development agencies, including those that provide preschool and extended day care services, to lease relocatable facilities under this section. (c) Although primary use of relocatable facilities shall be for child care and development programs, including preschool and extended day care programs, those facilities may be used for other purposes if the following conditions are met: (1) The alternative use of the facility does not infringe upon the accessibility of child care and development programs including preschool or extended day care programs. (2) The department authorizes alternative use as being compatible with child care and development programs, including preschool or extended day care programs. (d) The State Allocation Board, with the advice of the department, may do all of the following: (1) Establish any procedures and policies in connection with the administration of this section that it deems necessary. (2) Adopt any rules and regulations for the administration of this section requiring those procedures, forms, and information that it deems necessary. (3) Have constructed, furnished, equipped, or otherwise require whatever work is necessary to place relocatable facilities for child care and development services, including preschool and extended day care services where needed. (e) The board shall lease relocatable facilities to qualifying agencies providing child care and development services, including preschool or extended day care services, and shall charge rent of one dollar ($1) per year. The board shall require lessees to undertake all necessary maintenance, repairs, renewal, and replacement to ensure that a project is at all times kept in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the lessee. Neither the board nor the state shall assume any responsibility for utility services costs other than initial installation costs reimbursed under this chapter, and the agency shall provide adequate safeguards to protect the state’s interest in this regard. (f) The board shall require lessees to insure at their own expense for the benefit of the state, any leased relocatable facility that is the property of the state, against any risks, including liability from the use thereof, in the amounts the board deems necessary to protect the interests of the state. Neither the board nor the state shall assume any responsibility for utility services costs other than initial installation costs reimbursed under this chapter, and the agency shall provide adequate safeguards to protect the state’s interest in this regard. (g) No relocatable facilities shall be made available to an agency unless the agency furnishes evidence, satisfactory to the board, that the agency has no other facility available for rental, lease, or purchase in the geographic service area that is economically or otherwise feasible. (h) The board shall have prepared for its use, performance specifications for relocatable facilities and bids for their construction that can be solicited from more than one responsible bidder. The board shall from time to time solicit bids from, and award to, the lowest responsible competitive bidder, contracts for the construction or purchase of relocatable facilities that have been approved for lease to eligible agencies that provide child care and development services, including preschool or extended day care services. (i) If at any time the board determines that a lessees’ need for particular relocatable facilities that were made available to the lessee pursuant to this chapter has ceased, the board may take possession of the relocatable facilities and may lease them to other eligible contracting agencies, or, if there is no longer a need for the relocatable facilities, the board may dispose of them to public or private parties in the manner it deems to be in the best interests of the state. (j) If a lessee uses a particular relocatable facility for only a portion of the year, the board may enter into a second lease with a public or private party for the use of that facility for the portion of the year during which the facility would otherwise be unused, in the manner it deems to be in the best interests of the state. The lessee shall be subject to subdivisions (d) and (f). (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  133. 10473.

    ## 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The State Allocation Board must set rules for allocating capital outlay funds and reimbursing initial utility installation costs, and the department must set eligibility qualifications for agencies applying for these funds.

    ## 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10473. (a) The State Allocation Board shall establish regulations for the allocation of funds for capital outlay and for the reimbursement of initial utility installation costs for purposes of this chapter. The department shall establish qualifications for determining the eligibility of agencies providing child care and development services, including preschool and extended day care service, to apply for these funds. (b) Notwithstanding any other provision of law, priority in funding of capital outlay grants or relocatables from funds administered pursuant to Section 10307 and under this chapter, shall be determined in the following order: (1) Programs experiencing emergencies as defined by the department and the State Allocation Board. (2) Expansion of child care services. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  134. 10474.

    ## 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The State Allocation Board may use limited chapter funds each fiscal year for necessary administrative costs, up to the lesser of $400,000 or 4% of the total funds 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10474. The State Allocation Board may use an amount not to exceed four hundred thousand dollars ($400,000), or 4 percent of the total funds available for the purposes of this chapter, whichever is less, in any given fiscal year for necessary administrative costs incurred pursuant to this chapter, including, but not limited to, the establishment of new administrative positions. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  135. 10475.

    ## 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The board may use up to 5% of an appropriation to make loans for renovating certain child care facilities, and loan recipients must document compliance, show repayment ability, and keep the renovated facility in child care use for the required 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 30. Child Care and Development Facilities Capital Outlay [10470 - 10475] ( Chapter 30 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10475. (a) The State Allocation Board may use up to 5 percent of any appropriation for the purposes of this chapter to provide loans to private nonsectarian child care and development programs not under contract with the department for renovation and repair of existing program facilities, in accordance with this section. (b) The department shall establish qualifications to determine the eligibility of child care agencies for loans pursuant to this section. (c) The board, with any necessary assistance from the department, may do any of the following: (1) Establish procedures and policies in connection with the administration of this section it deems necessary. (2) Adopt rules and regulations for the administration of this section requiring procedure, forms, and information it deems necessary. (d) A recipient of a loan pursuant to this section shall do all of the following: (1) Document that the renovated facility shall comply with all laws and regulations applicable to child care facilities provided for pursuant to Chapter 3.4 (commencing with Section 1596.70) and Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code. (2) Demonstrate to the satisfaction of the board that it will have sufficient revenues to pay the principal and interest on the loan and to maintain the operation of the child care facility. (e) A recipient of a loan pursuant to this section shall assure the board that the renovated facility shall be used for purposes of the child care and development program for the following periods: (1) For loans equal to or less than thirty thousand dollars ($30,000), not less than three years from the beginning of the loan period. (2) For loans exceeding thirty thousand dollars ($30,000), the fixed period of time shall increase one year for each additional ten thousand dollars ($10,000) or part thereof, to a maximum of fifty thousand dollars ($50,000). (f) The board shall set the period of the loan for each recipient, up to a maximum of 10 years, based upon the amount of the loan, the recipient’s ability to repay the loan, and the length of time the recipient has committed to use the renovated facility for purposes of the child care and development program. (g) Interest on the loan principal shall be charged at a rate equal to the rate earned by the Pooled Money Investment Account. (h) In the event that a recipient ceases to use the renovated facility for purposes of the child care and development program prior to the expiration of the period specified pursuant to subdivision (e), the board shall collect the entire outstanding balance of the loan, plus interest, notwithstanding the loan period originally set pursuant to subdivision (f). (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  136. 10480.

    ## 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 31. Local Planning Councils [10480 - 10487] ( Chapter 31 added by Stats. 2021, Ch. 116, Sec. 260. ) ## ARTICLE 1. Definitions [10480- 10480.] ( Article 1 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section defines key terms used in this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 31. Local Planning Councils [10480 - 10487] ( Chapter 31 added by Stats. 2021, Ch. 116, Sec. 260. ) ## ARTICLE 1. Definitions [10480- 10480.] ( Article 1 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10480. For purposes of this chapter, the following definitions shall apply: (a) “Block grant” means the block grant contained in Title VI of the Child Care and Development Fund, as established by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193). (b) “Child care” means all licensed child care and development services and license-exempt child care, including, but not limited to, private for-profit programs, nonprofit programs, and publicly funded programs, for all children up to and including 12 years of age, including children with exceptional needs and children from all linguistic and cultural backgrounds. (c) “Child care provider” means a person who provides child care services or represents persons who provide child care services. (d) “Community representative” means a person who represents an agency or business that provides private funding for child care services, or who advocates for child care services through participation in civic or community-based organizations but is not a child care provider and does not represent an agency that contracts with the department to provide child care and development services. (e) “Consumer” means a parent or person who receives, or who has received within the past 36 months, child care services. (f) “Department” means the State Department of Social Services. (g) “Local planning council” means a local child care and development planning council as described in Section 10485. (h) “Public agency representative” means a person who represents a city, county, city and county, or local educational agency. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  137. 10485.

    ## 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 31. Local Planning Councils [10480 - 10487] ( Chapter 31 added by Stats. 2021, Ch. 116, Sec. 260. ) ## ARTICLE 2. Membership and Funding of Local Child Care Development Planning Councils [10485 - 10487] ( Article 2 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    This section requires county officials to select local planning council members, set their terms, and follow specified membership and conflict-of-interest 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 31. Local Planning Councils [10480 - 10487] ( Chapter 31 added by Stats. 2021, Ch. 116, Sec. 260. ) ## ARTICLE 2. Membership and Funding of Local Child Care Development Planning Councils [10485 - 10487] ( Article 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10485. (a) It is the intent of the Legislature that local child care and development planning councils shall provide a forum for the identification of local priorities for child care and the development of policies to meet the needs identified within those priorities. (b) The county board of supervisors and the county superintendent of schools shall do both of the following: (1) Select the members of the local planning council. Before making selections pursuant to this subdivision, the board of supervisors and the county superintendent of schools shall publicize their intention to select the members and shall invite local organizations to submit nominations. In counties in which the superintendent is appointed by the county board of education, the county board of education may make the appointment or may delegate that responsibility to the superintendent. (2) Establish the term of appointment for the members of the local planning council. (c) (1) The local planning council shall be comprised as follows: (A) Twenty percent of the membership shall be consumers. (B) Twenty percent of the membership shall be child care providers, reflective of the range of child care providers in the county. (C) Twenty percent of the membership shall be public agency representatives. (D) Twenty percent of the membership shall be community representatives, who shall not be child care providers or agencies that contract with the department to provide child care and development services. (E) The remaining 20 percent shall be appointed at the discretion of the appointing agencies. (2) The board of supervisors and the county superintendent of schools shall each appoint one-half of the members. In the case of uneven membership, both appointing entities shall agree on the odd-numbered appointee. (d) Every effort shall be made to ensure that the ethnic, racial, and geographic composition of the local planning council is reflective of the ethnic, racial, and geographic distribution of the population of the county. (e) The board of supervisors and county superintendent of schools may designate an existing child care planning council or coordinated child and family services council as the local planning council, as long as it has or can achieve the representation set forth in this section. (f) Upon establishment of a local planning council, the local planning council shall elect a chair and select a staff. (g) Each local planning council shall develop and implement a training plan to provide increased efficiency, productivity, and facilitation of local planning council meetings. This may include developing a training manual, hiring facilitators, and identifying strategies to meet the objectives of the council. (h) No member of a local planning council shall participate in a vote if the member has a proprietary interest in the outcome of the matter being voted upon. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  138. 10486.

    ## 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 31. Local Planning Councils [10480 - 10487] ( Chapter 31 added by Stats. 2021, Ch. 116, Sec. 260. ) ## ARTICLE 2. Membership and Funding of Local Child Care Development Planning Councils [10485 - 10487] ( Article 2 added by Stats. 2021, Ch. 116, Sec. 260. )

    Verify source ↗

    The department must allocate child care funding based on available state and federal funding, and local planning councils must complete needs assessments, submit local priorities, and follow several planning and reporting steps.

    ## 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 31. Local Planning Councils [10480 - 10487] ( Chapter 31 added by Stats. 2021, Ch. 116, Sec. 260. ) ## ARTICLE 2. Membership and Funding of Local Child Care Development Planning Councils [10485 - 10487] ( Article 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10486. (a) The department shall allocate child care funding pursuant to this part based on the amount of state and federal funding that is available. (b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department and the State Department of Education the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following: (1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following: (A) The needs of families eligible for subsidized child care. (B) The needs of families not eligible for subsidized child care. (C) The waiting lists for programs funded by the department. (D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited. (E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program. (F) Family income among families with preschool or schoolage children. (G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 10236. (H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan. (I) The number of children in the county by primary language spoken pursuant to the department’s language survey. (J) Special needs based on geographic considerations, including rural areas. (K) The number of children needing child care services by age cohort. (2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county. (3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities. (4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs. (5) Conduct a periodic review of child care programs funded by the department to determine if identified priorities are being met. (6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs. (7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence. (8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care. (9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department. (10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available. (c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Chapter 18 (commencing with Section 10340). (d) The department shall, in conjunction with all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand. (e) The department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  139. 10487.

    ## 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 31. Local Planning Councils [10480 - 10487] ( Chapter 31 added by Stats. 2021, Ch. 116, Sec. 260. ) ## ARTICLE 2. Membership and Funding of Local Child Care Development Planning Councils [10485 - 10487] ( Article 2 added by Stats. 2021, Ch. 116, Sec. 260. )

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    The Legislature says any extra conditions placed on local planning councils should be funded with available federal funds as much as legally 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 31. Local Planning Councils [10480 - 10487] ( Chapter 31 added by Stats. 2021, Ch. 116, Sec. 260. ) ## ARTICLE 2. Membership and Funding of Local Child Care Development Planning Councils [10485 - 10487] ( Article 2 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10487. It is the intent of the Legislature that any additional conditions imposed upon local planning councils shall be funded from available federal funds to the greatest extent legally possible. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  140. 1049.

    ## 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 3. Superintendents [1049 - 1050] ( Article 3 enacted by Stats. 1937, Ch. 369. )

    Verify source ↗

    The Youth Authority may appoint, set the duties of, and fix the salary for the superintendent or executive officer of each institution under this chapter, subject to state civil service law.

    ## 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 3. Superintendents [1049 - 1050] ( Article 3 enacted by Stats. 1937, Ch. 369. ) ## 1049. Subject to the provisions of law relating to the State civil service, the Youth Authority may appoint, define the duties, and fix the salary of the superintendent or executive officer of each institution under this chapter. (Added by Stats. 1943, Ch. 481.)
  141. 10490.

    ## 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 32. Head Start [10490- 10490.] ( Chapter 32 added by Stats. 2021, Ch. 116, Sec. 260. )

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    This section says the Legislature recognizes federal Head Start transition requirements, and the department must advise local education agencies about 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 32. Head Start [10490- 10490.] ( Chapter 32 added by Stats. 2021, Ch. 116, Sec. 260. ) ## 10490. The Legislature finds and declares all of the following: (a) The Congress has recognized the importance of the transfer from preschool to primary school. Section 642A of Title VI of Subtitle A of Chapter 8 of Subchapter B of the federal Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35) was enacted to require grantees of federal Head Start funds to take steps to coordinate with and involve the local educational agency serving the community, including, but not limited to, all of the following: (1) Developing and implementing a systematic procedure for transferring, with parental consent, Head Start program records for each participating child to the school in which the child will enroll. (2) Establishing channels of communication between Head Start staff and their counterparts in the schools, including, but not limited to, teachers, social workers, and health staff, to facilitate the coordination of programs. (3) Conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start program teachers to discuss the educational, developmental, and other needs of individual children. (4) Organizing and participating in joint transition-related training of school staff and Head Start staff. (5) Developing and implementing a family outreach and support program in cooperation with entities carrying out parental involvement efforts under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.). (6) Assisting families, administrators, and teachers in enhancing educational and developmental continuity between Head Start services and elementary school classes. (7) Linking the services provided in the Head Start program with the education services provided by the local educational agency. (b) The department shall advise local education agencies of these federal requirements. (Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
  142. 10491.

    ## 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 33. Expulsion and Suspension Procedures in Childcare and Development Services Programs [10491 - 10491.1] ( Chapter 33 added by Stats. 2022, Ch. 915, Sec. 8. )

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    This section defines key terms used in the chapter on expulsion and suspension procedures in childcare and development services programs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 1.8. Child Care and Development Services Act [10207 - 10492.2] ( Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260. ) ## CHAPTER 33. Expulsion and Suspension Procedures in Childcare and Development Services Programs [10491 - 10491.1] ( Chapter 33 added by Stats. 2022, Ch. 915, Sec. 8. ) ## 10491. For purposes of this chapter, the following terms shall apply: (a) “Expulsion” means the permanent dismissal of a child from a program in response to a child’s behavior. (b) “Licensed family childcare provider” means a childcare provider who participates in a state-funded early care and education program, as defined in Section 10421, and is an individual who operates a family daycare home, as defined in Section 1596.78 of the Health and Safety Code, and is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. (c) “Program” means a general childcare and development program, as described in Chapter 7 (commencing with Section 10240), a childcare and development service for children with severe disabilities, as described in Chapter 9 (commencing with Section 10260), or a migrant childcare and development program, with the exception of migrant alternative payment programs, as described in Chapter 6 (commencing with Section 10235), that serves children from zero to five years of age, inclusive. (d) “Suspension” means any removal of a child from all or part of the program day, or the prevention of a child from attending the program for one or more days, in response to the child’s behavior. (e) “Persistent and serious behaviors” means either repeated patterns of behavior that significantly interfere with the learning of other children, or interactions with peers and adults that are not responsive to the use of developmentally appropriate guidance. This includes, but is not limited to, physical aggression, property destruction, and self-injury. (Added by Stats. 2022, Ch. 915, Sec. 8. (AB 2806) Effective January 1, 2023.)
  143. 10491.1.

    ## 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 33. Expulsion and Suspension Procedures in Childcare and Development Services Programs [10491 - 10491.1] ( Chapter 33 added by Stats. 2022, Ch. 915, Sec. 8. )

    Verify source ↗

    Child care programs generally may not expel, unenroll, or suspend a child because of behavior, and they must try documented support steps before doing so.

    ## 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 33. Expulsion and Suspension Procedures in Childcare and Development Services Programs [10491 - 10491.1] ( Chapter 33 added by Stats. 2022, Ch. 915, Sec. 8. ) ## 10491.1. (a) (1) Except as authorized by paragraph (3), a program shall not do either of the following: (A) Expel or unenroll a child because of a child’s behavior. (B) Persuade or encourage a child’s parents or legal guardians to voluntarily unenroll from the program due to a child’s behavior. (2) (A) If a child exhibits persistent and serious behaviors, the program shall expeditiously pursue and document reasonable steps, including, but not limited to, consulting with the child’s parents or legal guardians and teacher, and, if available, engaging an early childhood mental health consultant, to maintain the child’s safe participation in the program. The program shall inform the parents or legal guardians of a child exhibiting persistent and serious behaviors of the process described in this section in writing, including a description of the behaviors and the program’s plan for maintaining the child’s safe participation in the program. (B) (i) If the child has an individualized family service plan or individualized education program, the program, with written parental consent, shall contact the agency responsible for the individualized family service plan or individualized education program to seek consultation on serving the child. (ii) The program shall consider, if appropriate, completing a comprehensive screening to identify the needs of the child, including, but not limited to, screening the child’s social and emotional development, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program. (3) If a program has expeditiously pursued and documented reasonable steps to maintain the child’s safe participation in the program and determines, in consultation with the parents or legal guardians of the child, the child’s teacher, and, if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), that the child’s continued enrollment would present a serious safety threat to the child or other enrolled children, it shall refer the parents or legal guardians to other potentially appropriate placements, the local childcare resource and referral agency, or other referral service available in the local community, and, to the greatest extent possible, support direct transition to a more appropriate placement. The program may then unenroll the child. (4) A program shall have up to 180 days to complete the process described in paragraphs (2) and (3). (b) (1) Except as provided in paragraphs (2), (3), and (4), a program shall not do either of the following: (A) Suspend a child due to a child’s behavior. (B) Encourage or persuade a child’s parents or legal guardians to prematurely pick up a child due to a child’s behavior before the program day ends. (2) Suspension shall only be used as a last resort in extraordinary circumstances when there is a serious safety threat that cannot be reduced or eliminated without removal. To the greatest extent possible, a program shall endeavor to ensure the full participation of enrolled children in all program activities. (3) Before a program determines that suspension is necessary, the program shall collaborate with the child’s parents or legal guardians and use appropriate community resources, as needed, to determine no other reasonable option is appropriate, and provide written notice to the child’s parents or legal guardians pursuant to paragraph (4) of subdivision (c). (4) If suspension is deemed necessary, a program shall help the child return to full participation in all program activities as quickly as possible while ensuring child safety by doing all of the following: (A) Continuing to engage with the parents or legal guardians and continuing to use appropriate community resources. (B) Developing a written plan to document the action and supports needed. (C) Providing referrals to appropriate community services. (D) If the child has an individualized family service plan or individualized education program, the program, with written parental consent, shall contact the agency responsible for the individualized family service plan or individualized education program to seek consultation on serving the child. (c) (1) The State Department of Social Services shall, commencing July 1, 2023, include in each contract for service with a program the limitations on expulsion and suspension provided in this section. (2) Commencing July 1, 2023, upon enrollment of a child, a program shall notify the child’s parents or legal guardians of the limitations on disenrollment, including expulsion and suspension provided in this section. This notification shall be in writing and shall inform parents on how they may file an appeal to the department in the event of the expulsion or suspension of a child. (3) Commencing July 1, 2023, in the event a program suspends or expels a child pursuant to this section, the program shall issue the child’s parent or guardian a written “Notice of Action, Recipient of Services,” as described in Section 18095 of Title 5 of the California Code of Regulations, with the exception that the effective date of the action may be no less than 24 hours after service of the notice. The agency shall, at the same time, inform the parent or guardian in writing of their right to file an appeal of the action directly with the department no later than 14 calendar days after receipt of the notice. Because the action to suspend or expel a child involves persistent and serious behaviors that impact the safety of children, the action shall not be stayed during the pendency of any appeal. (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), 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 chapter through all-county letter or similar instructions until regulations are adopted. (e) A program shall maintain records on, and, beginning on July 1, 2030, and subject to an appropriation by the Legislature for this purpose, the State Department of Social Services shall annually collect from contracting agencies, all of the following information: (1) The number of times the process described in paragraph (2) of subdivision (a) was initiated during a program year, and the outcome of each reported instance. (2) The number of times the process described in paragraphs (3) and (4) of subdivision (b) was initiated during a program year, and the outcome of each reported instance, including, if applicable, how long a child was excluded from the program. (3) The data collected pursuant to paragraphs (1) and (2) shall include for each child, at a minimum, age, sex, race and ethnicity, foster status, home language, disability, and whether the child has an individualized family service plan or an individualized education program. (f) (1) Subject to an appropriation by the Legislature for this purpose, no later than January 1, 2031, and annually thereafter, the State Department of Social Services shall publish aggregate data on how many times during the most recent program year the processes described in paragraph (2) of subdivision (a) and paragraphs (3) and (4) of subdivision (b) were initiated and the outcomes of the processes, disaggregated by student demographic, as required, and how many appeals or complaints the State Department of Social Services received from parents or legal guardians regarding expulsion and suspension. The data shall be made available at a statewide and countywide level and shall be disaggregated by age, sex, race and ethnicity, foster status, home language, disability, and assignment of an individualized family service plan or individualized education program, as applicable, pursuant to all applicable federal and state privacy protections. (2) Data collection pursuant to subdivision (e), and reporting pursuant to this subdivision, by the State Department of Social Services shall, to the greatest extent possible, be undertaken within the framework of the department’s existing data systems. (g) The State Department of Social Services shall create guidelines for offering additional support and requiring additional staff training for programs with exceptionally high numbers of suspension and expulsion reported pursuant to this section. (h) (1) This section shall not apply to licensed family childcare providers until the joint labor-management committee established pursuant to paragraph (2) of subdivision (a) of Section 10424.5 makes recommendations for potential changes related to suspensions and expulsions. (2) Within 10 calendar days of the committee recommendations being completed, the State Department of Social Services and State Department of Education shall provide the committee recommendations to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office. (Amended by Stats. 2023, Ch. 193, Sec. 15. (SB 140) Effective September 13, 2023.)
  144. 10492.

    ## 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 34. Whole Child Community Equity [10492 - 10492.2] ( Chapter 34 added by Stats. 2022, Ch. 699, Sec. 2. )

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    This chapter is named the End Racial and Economic Inequities in Childcare in California Initiative.

    ## 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 34. Whole Child Community Equity [10492 - 10492.2] ( Chapter 34 added by Stats. 2022, Ch. 699, Sec. 2. ) ## 10492. This chapter shall be known, and may be cited, as the End Racial and Economic Inequities in Childcare in California Initiative. (Added by Stats. 2022, Ch. 699, Sec. 2. (AB 2832) Effective January 1, 2023.)
  145. 10492.1.

    ## 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 34. Whole Child Community Equity [10492 - 10492.2] ( Chapter 34 added by Stats. 2022, Ch. 699, Sec. 2. )

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    The State Department of Social Services must develop a Whole Child Equity Framework and a related screening tool, with consultation and input from other departments and stakeholders.

    ## 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 34. Whole Child Community Equity [10492 - 10492.2] ( Chapter 34 added by Stats. 2022, Ch. 699, Sec. 2. ) ## 10492.1. (a) The State Department of Social Services, in consultation with the State Department of Education, and with input from early childhood stakeholders, shall develop the Whole Child Equity Framework (the Framework) and Whole Child Community Equity Screening Tool (the Equity Tool). The Framework shall outline categories that are essential to supporting children 0 to 13 years of age, inclusive, through a whole child approach, including, but not limited to, access to childcare, physical and mental health services, education, childhood adversity and community safety, economic well-being, and built environments. “Built environments” means all of the physical parts of where families live and work such as homes, buildings, streets, open spaces, and infrastructure. The Framework shall guide the development of the Equity Tool that will consist of indicators aligned with each of the Framework’s categories. The Equity Tool will examine community-level data for the indicators and classify communities based on higher or lower values for these indicators. This approach will identify highest-need communities across the state with significant disparities across indicators that are essential to supporting the whole child. It will provide the data needed to support the equitable distribution of resources and monitor progress on addressing racial and economic inequities. (b) With input from early childhood stakeholders, and in consultation with the State Department of Education, the State Department of Social Services shall develop the Equity Tool building on an existing index or set of indicators from existing indices such as the Child Opportunity Index, the California Healthy Places Index, the Human Development Index, the California Strong Start Index, the COVID-19 Statewide Vulnerability and Recovery Index, and the federal Centers for Disease Control and Prevention and Agency for Toxic Substances and Disease Registry Social Vulnerability Index. Data available in Brilliant Beginnings, the California Cradle-to-Career Data System, and other relevant data can be utilized as needed. The State Department of Social Services shall also consider indicators that address disparities that impact young children related to state priorities such racial inequities reflected in learning loss and learning recovery due to the COVID-19 pandemic. (Added by Stats. 2022, Ch. 699, Sec. 2. (AB 2832) Effective January 1, 2023.)
  146. 105.

    ## 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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    A CASA must keep confidential any otherwise confidential records or information acquired or reviewed while doing CASA duties, and may disclose them only under a court order.

    ## 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. ) ## 105. All otherwise confidential records and information acquired or reviewed by a CASA during the course of his or her duties shall remain confidential and shall be disclosed only pursuant to a court order. (Added by Stats. 1988, Ch. 723, Sec. 5.)
  147. 1050.

    ## 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 3. Superintendents [1049 - 1050] ( Article 3 enacted by Stats. 1937, Ch. 369. )

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    The superintendent for these institutions must be of high moral character and specially qualified for the job.

    ## 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 3. Superintendents [1049 - 1050] ( Article 3 enacted by Stats. 1937, Ch. 369. ) ## 1050. The superintendent of the institutions under this chapter shall be persons of high moral character, specially qualified for the position. (Amended by Stats. 1975, Ch. 1129.)
  148. 10500.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    People who administer aid under a public assistance program must act courteously and avoid unnecessary questioning or criticism.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10500. Every person administering aid under any public assistance program shall conduct himself with courtesy, consideration, and respect toward applicants for and recipients of aid under that program, and shall endeavor at all times to perform his duties in such manner as to secure for every person the amount of aid to which he is entitled, without attempting to elicit any information not necessary to carry out the provisions of law applicable to the program, and without comment or criticism of any fact concerning applicants or recipients not directly related to the administration of the program. (Amended by Stats. 1971, Ch. 578.)
  149. 10501.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    People involved in administering public assistance programs must not tell a recipient how to spend the aid they receive.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10501. No person concerned with the administration of a public assistance program shall dictate how any recipient shall expend the aid granted to him. (Added by Stats. 1965, Ch. 1784.)
  150. 10503.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    County eligibility decisions for certain social services programs in California must be made only by a county merit or civil service employee.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10503. Any decisions governing eligibility for any of the following programs that, in California, are made by a county pursuant to this division shall be made exclusively by a merit or civil service employee of the county: (a) The Medi-Cal program, as described in Chapter 7 (commencing with Section 14000) of Part 3. (b) The In-Home Supportive Services (IHSS) program, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3. (c) The California Work Opportunity and Responsibility to Kids (CalWORKs) program, as described in Chapter 2 (commencing with Section 11200) of Part 3. (d) The CalFresh program, as described in Chapter 10 (commencing with Section 18900) of Part 6. (e) The California Food Assistance Program (CFAP), as described in Chapter 10.1 (commencing with Section 18930) of Part 6. (f) The Cash Assistance Program for Immigrants (CAPI) pursuant to Chapter 10.3 (commencing with Section 18937) of Part 6. (g) The Adult Protective Services (APS) program, as described in Chapter 13 (commencing with Section 15750) of Part 3. (Amended by Stats. 2023, Ch. 279, Sec. 1. (AB 1457) Effective January 1, 2024.)
  151. 10505.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    Before certain benefit changes or service-level changes can be granted, a certification about funding must be obtained, and the Department of Finance cannot approve covered expenditures for at least 30 days after required information is given to legislative budget leaders.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10505. Prior to granting any changes in benefits or levels of service for public social services programs, including the Medi-Cal program, funded by the federal government for benefits or services which are permitted, but not required to be given, under federal law, and which changes program or county administrative costs funded from the General Fund in excess of five hundred thousand dollars ($500,000) on an annual basis, there shall first be obtained a certification by the State Department of Finance that funds are available for the expenditure and that the department has identified the specific funding sources, and has determined whether the expenditure involves a federal mandatory or optional benefit or level of service. The Department of Finance may not approve any expenditure covered by this section until at least 30 days after the information required by this section has been provided to the chairman of the committee of each house which considers appropriations and the Chairman of the Joint Legislative Budget Committee. (Added by Stats. 1982, Ch. 339, Sec. 1.)
  152. 10506.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. )

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    Several state departments must submit budget assumptions and expenditure estimates to the Department of Finance on set annual deadlines, and Finance must review the assumptions 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 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1. General Provisions [10500 - 10506] ( Chapter 1 added by Stats. 1965, Ch. 1784. ) ## 10506. (a) Except as otherwise required by Sections 10614 and 14100.5, the State Department of Health Care Services (Genetically Handicapped Persons, CCS, CHDP, and the caseload programs in the Genetic Disease Branch), Managed Risk Medical Insurance Board, State Department of Developmental Services, State Department of State Hospitals, and Department of Child Support Services shall submit to the Department of Finance for its approval all assumptions underlying all estimates used to develop the departments’ budgets by September 10 of each year, and those assumptions, as revised by, March 1 of the following year. (b) The Department of Finance shall approve, modify, or deny the assumptions underlying all estimates within 15 working days of their submission. If the Department of Finance does not modify, deny, or otherwise indicate that the assumptions are open for consideration pending further information submitted by the department by that date, the assumptions as presented by the submitting department shall be deemed to be accepted by the Department of Finance as of that date. (c) Each department or board described in subdivision (a) shall also submit an estimate of expenditures for each of the categorical aid programs in its budget to the Department of Finance by November 1 of each year and those estimates as revised by April 20 of the following year. Each estimate shall contain a concise statement identifying applicable estimate components, such as caseload, unit cost, implementation date, whether it is a new or continuing premise, and other assumptions necessary to support the estimate. The submittal shall include a projection of the fiscal impact of each of the approved assumptions related to a regulatory, statutory, or policy change, a detailed explanation of any changes to the base estimate projections from the previous estimate, and a projection of the fiscal impact of that change to the base estimate. (d) Each department or board shall identify those premises to which either of the following applies: (1) Have been discontinued since the previous estimate was submitted. The department or board shall provide a chart that tracks the history of each discontinued premise in the prior year, the current year, and the budget year. (2) Have been placed in the basic cost line of the estimate package. (e) In the event that the methodological steps employed in arriving at the estimates in May differ from those used in November of the preceding year, the department or board shall submit a descriptive narrative of the revised methodology. In addition, the estimates shall include fiscal charts that track appropriations from the Budget Act to the current Governor’s Budget and May Revision for all fund sources for the prior year, current year and budget year. This information shall be provided to the Department of Finance, the Joint Legislative Budget Committee, the Health and Human Services Policy Committees, and the fiscal committees, along with other materials included in the annual May Revision of expenditure estimates. (f) The estimates of average monthly caseloads, average monthly grants, total estimated expenditures, including administrative expenditures and savings or costs associated with all regulatory or statutory changes, as well as all supporting data provided by the department or developed independently by the Department of Finance, shall be made available to the Joint Legislative Budget Committee, the Health and Human Services Policy Committees, and the fiscal committees. (g) On or after January 10, if the Department of Finance discovers a material error in the information provided pursuant to this section, the Department of Finance shall inform the consultants to the fiscal committees of the error in a timely manner. (h) The departmental estimates, assumptions, and other supporting data prepared for purposes of this section shall be forwarded annually to the Joint Legislative Budget Committee, the Health and Human Services Policy Committees, and the fiscal committees of the Legislature, not later than January 10 and May 14 by the department or board if this information has not been released earlier by the Department of Finance. (i) The requirements of this section do not apply to the State Department of Social Services estimate or the State Department of Health Care Services’ Medi-Cal Program estimate, which are governed by Sections 10614 and 14100.5, respectively. (j) The Department of Rehabilitation shall submit assumptions and an estimate of case services expenditures for the Vocational Rehabilitation (VR) program specifically detailing the VR supported employment and work activity elements in accordance with this part, except that assumptions shall be submitted only annually, on or before March 1, and an estimate of expenditures shall be submitted only annually, on or before April 20, to the Department of Finance. The departmental assumptions and the departmental estimate of expenditures shall be forwarded annually, on or before May 14, to the Joint Legislative Budget Committee, and to the health and human services policy committees and fiscal committees of the Legislature, if this information has not been released earlier by the Department of Finance. (Amended by Stats. 2013, Ch. 22, Sec. 102. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  153. 10530.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. )

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    When counties develop the CalWORKs county plan, they should avoid duplicating planning processes and should instead build on existing local plans where appropriate.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. ) ## 10530. It is the intent of the Legislature that, in developing the plan required by this chapter, counties shall make an effort not to duplicate planning processes that have already occurred within the county, but rather to build upon, and incorporate where appropriate, existing local plans that provide for a collaborative approach to employment services, economic development, and family and children’s services. These shall include, but are not limited to, county GAIN plans developed prior to CalWORKs implementation, county plans developed pursuant to Section 18987.3, economic development plans, employment development plans, and plans intended to guide any other local efforts relevant to CalWORKs implementation. (Added by Stats. 1997, Ch. 270, Sec. 32. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
  154. 10531.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. )

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    Each county must create and keep updated a CalWORKs plan describing how it will deliver welfare-to-work services and coordinate related activities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. ) ## 10531. Each county shall develop a plan consistent with state law that describes how the county intends to deliver the full range of activities and services necessary to move CalWORKs recipients from welfare to work. The plan shall be updated as needed. The plan shall describe: (a) How the county will collaborate with other public and private agencies to provide for all necessary training, and support services. (b) The county’s partnerships with the private sector, including employers and employer associations, and how those partnerships will identify jobs for CalWORKs program recipients. (c) Other means the county will use to identify local labor market needs. (d) The range of welfare-to-work activities the county will offer recipients and the identification of any allowable activities that will not be offered. (e) The process the county will use to provide for the availability of substance abuse and mental health treatment services. (f) The process the county will use to provide for child care and transportation services. (g) The county’s community service plan. (h) How the county will provide training of county workers responsible for working with CalWORKs recipients who are victims of domestic violence. (i) The performance outcomes identified during the local planning process that the county or other local agencies will track in order to measure the extent to which the county’s program meets locally established objectives. (j) The means the county used to provide broad public input to the development of the county’s plan. (k) A budget that specifies the source and expenditures of funds for the program. (l) How the county will assist families that are transitioning off aid. (m) All necessary components of the job creation plan required by Section 15365.55 of the Government Code in counties that choose to implement the program described in Chapter 1.12 (commencing with Section 15365.50) of Part 6.7 of Division 3 of Title 2 of the Government Code. (n) Other elements identified by the director, in consultation with the steering committee under Section 10544.5, including elements related to the performance outcomes listed in Sections 10540 and 10541. (o) How the county will comply with federal requirements of the Temporary Assistance for Needy Families program (Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code). (p) How the county will coordinate welfare-to-work activities with the local private industry councils or alternate administrative entities designated by the Governor to administer local welfare-to-work programs, including the expenditure of state or other matching funds provided to the county welfare department for welfare-to-work activities. No later than September 1, 1998, and each year thereafter, subject to continued welfare-to-work funding, each county shall submit an addendum to its plan required under this section that describes its coordination efforts. (Amended by Stats. 2004, Ch. 229, Sec. 17. Effective August 16, 2004. Operative December 1, 2004, by Sec. 65 of Ch. 229.)
  155. 10532.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. )

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    The department and counties must carry out CalWORKs planning and implementation steps on set deadlines, including issuing instructions, submitting and certifying county plans, and starting enrollment of new applicants.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. ) ## 10532. The department and the counties shall implement the provisions of the CalWORKs program in the following manner: (a) The department shall issue a planning allocation letter and county plan instructions to the counties within 30 days of the enactment of the CalWORKs program. (b) (1) Each county shall submit a plan for implementation of the CalWORKs program within four months of the issuance of the planning allocation letter by the department. A county may begin implementation of its plan upon submission of the plan to the department or the effective date of the CalWORKs program, whichever is later. (2) Within 30 days of receipt of a county plan, the department shall either certify that the plan includes the description of the elements required by Section 10531 and that the descriptions are consistent with the requirements of state law and, to the extent applicable, federal law or notify the county that the plan is not complete or consistent stating the reasons therefor. (3) If a county is notified that its plan is not complete or consistent, the county shall, within 30 days, resubmit a revised plan to the department for certification. (c) A county shall begin enrolling all new applicants for aid under this chapter in the county’s welfare-to-work program no later than six months from the date of issuance of the planning allocation letter references in subdivision (a) or two months after the certification of the county plan, whichever is later. (d) Funds remaining at the end of the 1997–98 fiscal year or the 1998–99 fiscal year from the funds provided to a county in those years pursuant to Section 15204.2 shall be available to a county until July 1, 2000, and may be expended only for the purposes set forth in Section 15204.2. (Amended by Stats. 2004, Ch. 229, Sec. 18. Effective August 16, 2004. Operative December 1, 2004, by Sec. 65 of Ch. 229.)
  156. 10533.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. )

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    The department must establish a CalWORKs county peer review process, and it must be implemented statewide by July 1, 2014.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. ) ## 10533. Commencing July 1, 2013, the department shall establish a CalWORKs county peer review process, which shall be implemented on a statewide basis no later than July 1, 2014. The peer review process shall include individual CalWORKs data reviews of counties, based on existing data. Counties shall receive programmatic technical assistance from teams made up of state and peer-county administrators to assist with implementing best practices to improve their performance and make progress toward meeting established state performance goals, as specified in Chapter 1.5 (commencing with Section 10540) and Section 15204.6. (Amended by Stats. 2011, Ch. 8, Sec. 3. (SB 72) Effective March 24, 2011.)
  157. 10534.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. )

    Verify source ↗

    Each county must review its CalWORKs plan, prepare and submit a plan addendum, and keep submitting updates every three years.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. ) ## 10534. (a) Each county shall perform a comprehensive review of its existing CalWORKs plan developed pursuant to Section 10531, and shall prepare and submit to the department a plan addendum detailing how the county will meet the goals defined in Section 10540, while taking into consideration the work participation requirements of the federal Deficit Reduction Act of 2005 (P.L.109-171). The plan shall include immediate and long-range actions that the county will take to improve work participation rates among CalWORKs applicants and recipients. The plan addendum, at a minimum, shall include all of the following: (1) How the county will address increased participation in the following areas: (A) Providing upfront engagement activities. (B) Reengaging noncompliant or sanctioned individuals. (C) Providing activities to encourage participation and to prevent families from going into sanction status. (D) Achieving full engagement by individuals who are required to participate, and who are partially participating, not participating, or are between activities. (E) Other activities designed to increase the county’s federal work participation rate. (2) A description of how the county will utilize the single allocation and other funding that will be committed to the county’s CalWORKs program. (3) A description of anticipated outcomes, including the number of families affected, that will result in county program improvements, and the projected impact on the county’s federal work participation rate. (4) A proposed plan to measure progress in achieving the anticipated outcomes pursuant to paragraph (3) on a quarterly basis. (5) A description of how the county will collaborate with local agencies, including, but not limited to, local workforce investment boards, community colleges, and adult education and regional occupational programs that provide activities that meet federal work participation requirements and provide participants with skills that will help them achieve long-term self-sufficiency. (b) Each county shall submit its plan addendum to the department no later than 90 days after the department issues guidance for the addendum by all-county letter. Each addendum shall include a certification that the county board of supervisors has been briefed regarding the contents of the plan. (c) Within 30 days of receipt of a county plan addendum, the department shall either certify that the plan includes the elements required by subdivision (a) and that the descriptions are consistent with state, and to the extent applicable, federal law, or notify the county that the addendum is not complete or consistent, stating the reasons therefor. (d) Pending certification of the plan addendum, a county shall continue to operate its program according to its existing plan, and may implement changes consistent with the goals of the activities to be described by the addendum as specified in subdivision (a). (e) A county shall submit an addendum to the county plan, as required by this chapter once every three years, as required by the department. (Added by Stats. 2006, Ch. 75, Sec. 27.3. Effective July 12, 2006.)
  158. 10534.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. )

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    The department must review county plans, work with county welfare agencies to gather implementation information, and report the results to the Legislature and county welfare directors by the stated dates.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. ) ## 10534.5. (a) The department shall review the county plans developed pursuant to Section 10534 in order to identify promising practices in the areas of upfront engagement and reengagement of sanctioned families, and shall work with the County Welfare Directors Association (CWDA) and county welfare directors to gather information on implementation and results of these practices, that can inform future efforts to increase participation in welfare-to-work activities. (b) The department, in conjunction with the CWDA, shall review the county plans and work with county welfare directors and the CWDA to determine what activities and strategies that counties are using to encourage participation among time-limited families, and gather information about the characteristics of the time-limited population. (c) The department shall provide a written update to the Legislature on March 1, 2008, of the information required by subdivisions (a) and (b) that is gathered by that date. The department shall provide the final report of the information required by subdivisions (a) and (b) to the Legislature and county welfare directors, on or before September 1, 2008. (Added by Stats. 2007, Ch. 177, Sec. 19. Effective August 24, 2007.)
  159. 10535.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. )

    Verify source ↗

    $90 million in TANF block grant funds for CalWORKs remains eligible for expenditure until June 30, 2008.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.3. County Plans for CalWORKs [10530 - 10535] ( Chapter 1.3 added by Stats. 1997, Ch. 270, Sec. 32. ) ## 10535. Notwithstanding any other provision of law, of the amount appropriated in Item 5180-101-0890 in the Budget Act of 2006, ninety million dollars ($90,000,000) in federal Temporary Assistance for Needy Families block grant funds for the CalWORKs program shall remain eligible for expenditure until June 30, 2008. (Added by Stats. 2006, Ch. 75, Sec. 27.5. Effective July 12, 2006.)
  160. 10540.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    The Legislature states that Public Law 104-193 should be implemented to reduce child poverty, meet federal goals and requirements, and avoid harmful unintended effects.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10540. (a) It is the intent of the Legislature to implement Public Law 104-193 in such a manner as to do all of the following: (1) Reduce child poverty in the state. (2) Achieve the goals of Public Law 104-193, which include reducing dependence of needy parents on government benefits by promoting job preparation, work, and marriage; reducing out-of-wedlock births; and encouraging the formation and maintenance of two-parent families. (3) Meet the requirements of federal law. (b) It is further the intent of the Legislature to ensure that the implementation of Public Law 104-193 does not result in unanticipated outcomes that negatively affect child well-being, the demand for county general assistance, or the number of families affected by domestic violence. (Added by Stats. 1997, Ch. 270, Sec. 33. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  161. 10540.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

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    The department must ensure performance outcomes are monitored at the state and county levels.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10540.5. The department shall ensure that performance outcomes are monitored at the state and county levels in order to do all of the following: (a) Identify the extent to which the state and counties achieve the goals of Public Law 104-193. (b) Identify the extent to which unanticipated negative outcomes do or do not occur. (c) Meet the requirements of federal law. (d) Assist counties in tracking the effect of CalWORKs program implementation on aided families and on local communities. (e) Assist counties, the Legislature, and state agencies in determining what adjustments are required in the program. (Added by Stats. 1997, Ch. 270, Sec. 33. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  162. 10540.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    The department must publish county-reported welfare outcome data at least quarterly, starting no later than April 1, 2007, and must consult specified stakeholders when developing the data sources, methodology, and format.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10540.6. Commencing no later than April 1, 2007, the department, on a periodic, but no less frequently than a quarterly basis, shall publish available data reported by counties regarding caseload characteristics, welfare-to-work performance outcomes, engagement rates, and other outcomes consistent with Sections 10534 and 10540.5. The department shall consult with the County Welfare Directors Association, legislative staff, and other stakeholders, when developing the data sources, methodology, and format for the data to be published. (Added by Stats. 2006, Ch. 75, Sec. 27.6. Effective July 12, 2006.)
  163. 10541.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    The department must consult specified experts and representatives when developing and implementing the performance outcomes system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10541. The department shall consult with experts in monitoring and research, and representatives of counties, the Legislature, and appropriate state agencies in the development and implementation of the system of performance outcomes, which shall include, but are not limited to, the following: (a) Success of welfare-to-work, including the rate of movement to employment, earnings for CalWORKs recipients and those who have left the CalWORKs program, and job retention rates. This shall include the extent to which recipients have obtained unsubsidized employment in each of their years on aid. (b) Rates of child support payment and collection. (c) Child well-being, including entries into foster care, at-risk births, school achievement, child poverty, and child abuse reports. (d) Changes in the demand for general assistance. (e) Supply, demand, and utilization of support services by CalWORKs recipients, including child care, transportation, mental health services, and substance abuse treatment. (f) The number of identified families affected by domestic violence. (Added by Stats. 1997, Ch. 270, Sec. 33. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  164. 10541.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    The department must, by March 1, 1998, identify methods to collect outcome data and develop consistent data collection standards.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10541.5. The department, in consultation with experts in research and program evaluation and representatives of counties, the Legislature, and appropriate state agencies, shall do both of the following, by March 1, 1998: (a) Identify methods by which to collect data on the outcomes set forth in Section 10541, using, to the extent possible, data that is available and does not require the establishment of new data collection processes at the county level. (b) Develop consistent data collection standards. (Added by Stats. 1997, Ch. 270, Sec. 33. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  165. 10541.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    Each county must help monitor performance outcomes by collecting and reporting data as Section 10541 requires.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10541.7. Each county shall participate in monitoring performance outcomes by collecting and reporting data in the manner established by Section 10541. (Added by Stats. 1997, Ch. 270, Sec. 33. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  166. 10542.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    Each county must identify additional local outcomes for its CalWORKs plan and include the outcomes, data to collect, and data-collection method in the plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10542. (a) Each county shall, as part of its CalWORKs plan, identify outcomes to be tracked on the local level that are in addition to any required to be tracked statewide. These outcomes shall be identified through a collaborative process that includes all local agencies and stakeholders concerned with the implementation of the CalWORKs program and its effects on local communities. The outcomes identified may reflect goals for CalWORKs implementation established by the local community, possible negative outcomes the local community wishes to monitor, or both. (b) The process of local identification of outcomes shall be designed to contribute to greater collaboration among county public and private agencies that serve current and former CalWORKs recipients. The outcomes identified shall be those that can be tracked in a cost-effective manner. To the extent counties identify the same outcomes, the department shall provide technical assistance to ensure consistency among the counties. (c) The outcomes that each county plans to monitor shall be included in its county CalWORKs plan. The plan shall identify the outcomes, the data the county intends to collect to monitor the outcomes, and the method of data collection the county intends to use. (Added by Stats. 1997, Ch. 270, Sec. 33. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  167. 10543.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    Each county must work with the department to set a baseline for collected data within six months of CalWORKs implementation, and county corrective action planning is required if outcomes miss federal requirements or do not improve.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10543. (a) Within six months of CalWORKs implementation, each county, in conjunction with the department, shall determine a baseline for the data to be collected to meet both state and local need. The baseline shall be used in subsequent years to determine whether or not the county’s outcomes are improving. (b) If a county fails to meet outcomes required by federal law, the county, in consultation with the department, shall develop and implement a corrective action plan. (c) If outcomes have not improved over the baseline, the county and the department shall evaluate the reasons. To the extent the county and the department determine that county and state actions could positively influence the outcomes, they shall mutually develop and implement a corrective action plan. (d) In both cases, the corrective action plan shall identify actions that shall be taken by the county and by appropriate state agencies. (Added by Stats. 1997, Ch. 270, Sec. 33. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
  168. 10544.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

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    The department must report worsened county outcomes to legislative committee chairs, and counties can share fiscal penalties or get relief under specified conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10544. (a) If the department finds that a county is experiencing significantly worsened outcomes, it shall report this finding to the Chairs of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Health and Human Services, and the Assembly Committee on Human Services. (b) If the state does not achieve the outcomes required by federal law and, as a result, is subject to a fiscal penalty, the penalty shall be shared equally by the state and the counties after exhaustion of all reasonable and available federal administrative remedies. If a county’s single allocation pursuant to Section 15204.2 is reduced by the state to offset the county’s share of any federal penalty imposed pursuant to this section, the county shall be required to utilize county general funds to replace the offset amount, so that total funding remains equal to the county’s single allocation. These funds shall be in addition to the funds required to meet the maintenance-of-effort requirement pursuant to Section 15204.4. Only those counties that have failed to meet the federal requirements shall be required to share in the fiscal penalty imposed on the state. Those counties’ share of the penalty imposed on the state shall equal 50 percent of that penalty. Each county’s share of the penalty shall be based, in consultation with the County Welfare Directors Association, on the county’s degree of performance that contributes to the failure to meet the federal requirement. (c) A county may be provided relief, in whole or in part, from a penalty imposed pursuant to subdivision (b) if the department determines that there were circumstances beyond the control of the county. A county may also be provided relief based on the degree of success or progress in meeting federal requirements, and, to the extent that there are differences between state and federal program requirements, the degree of success in meeting state participation requirements. Any adjustment made pursuant to this subdivision shall be reported to the Chair of the Joint Legislative Budget Committee. If a county is granted relief, that portion of the total penalty shall not be imposed on the other counties that failed to meet the federal requirements. (d) A county that fails, without good cause, to submit accurate and timely data used to measure work participation, as required by the department, shall be deemed to have failed to meet applicable federal requirements. For purposes of this subdivision, good cause includes, but is not limited to, the lack of accurate, timely, and complete instructions from the department. (e) The amendments made to subdivision (b) by the amendment of this section in 2006 by Chapter 75 of the Statutes of 2006, clarify existing law, as enacted by Assembly Bill 1542 (Ch. 270, Stats. 1997). (f) (1) The department shall consult with the workgroup created pursuant to Section 11523, in the fall of 2022, to develop recommendations to address the existing emphasis on the federal work participation rate and penalty pass-on structure, as described in this section, while optimizing the implementation of the first cycle of the CalWORKs Outcomes and Accountability Review (Cal-OAR) process. The department shall submit a report of recommendations to the Legislature on or before April 15, 2023. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (g) This section does not apply to any federal fiscal penalties imposed as a result of not meeting federal work participation rate requirements on or after October 1, 2025. (Amended by Stats. 2025, Ch. 79, Sec. 7. (SB 119) Effective July 29, 2025.)
  169. 10544.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    Counties can receive incentive savings tied to CalWORKs outcomes, but they must use the funds for specified purposes, report to the department, and stay within spending limits for certain nonassistance services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10544.1. (a) It is the intent of the Legislature to provide counties with grant savings as defined in subdivisions (d) and (e) subject to the amounts appropriated in the annual Budget Act. (b) It is the intent of the Legislature that the counties use the funds, when appropriated, to do all of the following: (1) Improve the quality of jobs provided to recipients. (2) Help individuals attain long-term self-sufficiency. (3) Prevent the need for CalWORKs benefits for those families making the transition from the CalWORKs program. (c) It is further the intent of the Legislature to evaluate the efforts of counties in using the funds to improve the state’s understanding of how best to assist families in attaining long-term and sustained self-sufficiency. (d) In order to provide counties with additional incentive to move CalWORKs recipients to employment, each county shall receive the state share of savings, including federal funds under the Temporary Assistance for Needy Families block grant subject to the amounts appropriated in the annual Budget Act, resulting from the following outcomes: (1) Recipients exiting the program due to employment that has lasted a minimum of six months. (2) Increased earnings by recipients due to employment. (3) Diversion of applicants from the program pursuant to Section 11266.5 for six months in addition to the number of months equivalent to the diversion payment. (e) (1) For purposes of subdivision (d), the department, shall apply the method for valuing the outcomes to determine county share of savings that was utilized in fiscal years 1998–99 and 1999–2000, except that increased earning by recipients due to employment shall be valued at 50 percent of actual grant savings instead of 100 percent. (2) The method shall be adjusted as appropriate, and determined in consultation with program stakeholders, to account for any changes made to the Temporary Assistance to Needy Families program requirements for block grant funding levels as a result of Congressional reauthorization of the program in 2002. (f) The funds allocated to counties pursuant to subdivisions (d) and (e) that are federal Temporary Assistance for Needy Families block grant funds shall be used only for purposes for which these federal funds may be used. The funds that are state General Fund dollars shall be expended for purposes directly connected to the CalWORKs program and countable towards the state maintenance of effort level required by federal law, unless the Director of Finance determines that all or part of the funds are not needed in that fiscal year to meet the required maintenance of effort. Any unexpended funds may be retained by each county for expenditure in subsequent fiscal years for purposes consistent with this subdivision. (g) (1) Notwithstanding Section 11250 or any other provision of law, commencing October 1, 2000, exclusively for purposes of county performance incentives provided under this section and exclusively for purposes of providing nonassistance services pursuant to Section 42 U.S.C. Sec. 601(a)(1) and (2) to families not receiving aid under this chapter, “needy families” also includes any family in which the minor child is living with a parent or adult relative caregiver and the family’s income is less than 200 percent of the official federal poverty guidelines applicable to a family of the size involved. (2) A county shall not expend more than 25 percent of its performance incentive funds for purposes of this subdivision. (3) For purposes of this subdivision, “nonassistance services” means services that do not constitute assistance as defined in applicable federal law and regulations governing the Temporary Assistance for Needy Families program. (h) Each county shall submit a plan to the department describing how it intends to expend its fiscal incentive funds and how the benefits and services relate to the issue of sustaining self-sufficiency. The plan shall also describe how these services will be coordinated with other services within the community that are funded from sources such as the county’s single allocation, Welfare-to-Work grants, and community college funds. (i) Each county shall report quarterly on the actual expenditure of funds under this section and shall complete a self-evaluation report annually on the results of the benefits and services provided and any lessons the county has learned from the approach it has taken. (j) The department shall evaluate the programs that have been supported by county incentive funds to determine the extent to which the goals of the TANF program and the goals specified in this section are achieved. (k) Acceptance of incentive funds beginning with the 2000–01 fiscal year shall constitute a waiver of any claim, cause of action, or action whenever filed, with respect to fiscal incentives earned through the 1999–2000 fiscal year under subdivision (c) of this section as enacted by Chapter 270 of the Statutes of 1997, but not allocated to counties by the department. (l) This section shall not be interpreted to entitle any individual or family to assistance or services under any program created and funded under this section. (Amended by Stats. 2000, Ch. 108, Sec. 24.5. Effective July 10, 2000.)
  170. 10544.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

    Verify source ↗

    County CalWORKs performance incentive funds may be used for encumbrance and expenditure until the funds are fully spent, regardless of fiscal years.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10544.2. CalWORKs performance incentive funds allocated to counties under Items 5180-101-0001 and 5180-101-0890 of the Budget Act of 2002 shall be available for encumbrance and expenditure by the county until all of the funds are expended, without regard to fiscal years. (Added by Stats. 2003, Ch. 225, Sec. 26.5. Effective August 11, 2003.)
  171. 10544.317.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

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    This section creates a welfare reform steering committee and requires it to advise on welfare reform implementation issues.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10544.317. (a) There is hereby created a welfare reform steering committee comprised of a representative of the California Health and Human Services Agency, who shall chair the committee, the Department of Finance, the State Department of Social Services, the California State Association of Counties, the County Welfare Directors Association of California, representatives of the Legislature appointed by the Speaker of the Assembly, the President pro Tempore of the Senate, the minority leader of the Assembly, and the minority leader of the Senate, and two public members appointed by the Secretary of California Health and Human Services. (b) The steering committee shall: (1) Provide advice and consultation on implementation issues related to welfare reform. (2) Perform other duties as described elsewhere in this division. (Amended by Stats. 2011, Ch. 227, Sec. 26.5. (AB 1400) Effective January 1, 2012.)
  172. 10545.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

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    The department must apply to join a federal pilot program, may consider related reforms, must give the Legislature needed statutory changes by January 10, 2025, and must consult specified stakeholders when implementing the section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10545. (a) The Legislature finds and declares that the direction outlined in the Pilot Projects for Promoting Accountability by Measuring Work Outcomes program pursuant to Section 302 of the federal Fiscal Responsibility Act of 2023 (Public law 118-5; 42 U.S.C. Sec. 611(e)) calls for “innovations that re-envision employment and training opportunities as aligned with family goals,” and recognizes that “family well-being occurs when all family members are safe, healthy, and have chances for educational advancement and economic mobility.” (b) The State Department of Social Services shall apply to the United States Secretary of Health and Human Services to participate in the Pilot Projects for Promoting Accountability by Measuring Work Outcomes program pursuant to Section 302 of the federal Fiscal Responsibility Act of 2023 (Public law 118-5; 42 U.S.C. Sec. 611 (e)). (c) The intent of the Legislature is to continue to reimagine CalWORKs into a trauma-informed, family-centered program that maximizes family and child well-being while building meaningful pathways out of poverty. (d) To meet the goals of subdivision (c), the department may consider the following reforms: modify the existing welfare-to-work process to be family centered; align sanctions to the minimum federal requirements; and repeal the federal work participation rate penalty passthrough. (e) The reforms pursuant to subdivision (d) may be as considered part of the department’s application to the United States Secretary of Health and Human Services to participate in the Pilot Projects for Promoting Accountability by Measuring Work Outcomes program pursuant to Section 302 of the federal Fiscal Responsibility Act of 2023 (Public law 118-5; 42 U.S.C. Sec. 611(e)) or as statewide initiatives that the department pursues. The department shall provide to the Legislature a set of any necessary statutory changes no later than January 10, 2025, in order to align state policy to the goals of the federal pilot program, including comprehensive cost estimates by policy change as described in subdivision (d), or other changes as part of the application, for the 2025–26 fiscal year and ongoing. (f) In implementing this section, the department shall consult legislative staff, representatives of county human services agencies, the County Welfare Directors Association of California, advocate representatives, and labor organizations that represent county workers. (Added by Stats. 2024, Ch. 46, Sec. 11. (AB 161) Effective July 2, 2024.)
  173. 10546.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. )

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    The department must, once the required data and methods are available, capture annual point-in-time data and trends and disclose the data under the Information Practices Act of 1977.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 1.5. Performance Outcome Incentives Monitoring [10540 - 10546] ( Chapter 1.5 added by Stats. 1997, Ch. 270, Sec. 33. ) ## 10546. It is the intent of the Legislature for clause (ii) of subparagraph (C) of paragraph (13) of subdivision (b) of Section 8257 to measure point-in-time data and trends of homelessness, housing instability, and utilization of housing services among individuals and families in programs administered by the State Department of Social Services, including, but not limited to, the CalWORKs program. Upon access to the data, development of a match and analysis methodology, the successful match of data, and a methodologically feasible approach, the department shall capture this point-in-time data and trends on an annual basis and disclose the data in compliance with the Information Practices Act of 1977. (Added by Stats. 2024, Ch. 46, Sec. 12. (AB 161) Effective July 2, 2024.)
  174. 10550.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The provision creates a State Department of Social Services within the Health and Welfare Agency.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10550. There is in the Health and Welfare Agency a State Department of Social Services. (Amended by Stats. 1977, Ch. 1252.)
  175. 10551.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    The department is made up of the director, the State Social Services Advisory Board, and any additional divisions or administrative units the director finds necessary.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10551. The department consists of the director, the State Social Services Advisory Board, and such divisions or other administrative units as the director may find necessary. (Amended by Stats. 1977, Ch. 1252.)
  176. 10552.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    The Governor appoints the department director with Senate consent and may appoint up to two chief deputy directors and one deputy director.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10552. With the consent of the Senate, the Governor shall appoint, to serve at his pleasure, an executive officer who shall be director of the department. The director shall be appointed wholly on the basis of training, demonstrated ability, experience, and leadership in organized social welfare administration. He shall receive the salary provided for by Chapter 6 (commencing with Section 11550), Part 1, Division 3, Title 2 of the Government Code. The Governor also may appoint, to serve at his pleasure, not to exceed two chief deputy directors of the department, and one deputy director of the department who shall be the deputy director for the social services division. The salaries of the chief deputy directors and the deputy director shall be fixed in accordance with law. (Amended by Stats. 1978, Ch. 432.)
  177. 10553.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The director must manage the department, administer the public social services laws, report conditions to the Governor, perform disability determinations, make regulations and general policies, and carry out other duties required by law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553. The director shall: (a) Be responsible for the management of the department. (b) Administer the laws pertaining to the administration of public social services, except health care services and medical assistance. (c) Observe and report to the Governor on the conditions of public social services, except health care services and medical assistance, throughout the state. (d) Perform the disability determination function pursuant to Titles II and XVI of the federal Social Security Act. (e) Formulate, adopt, amend or repeal regulations and general policies affecting the purposes, responsibilities, and jurisdiction of the department and which are consistent with law and necessary for the administration of public social services, except health care services and medical assistance, and the disability determination function pursuant to Titles II and XVI of the federal Social Security Act. All regulations relating to public social services, except health care services and medical assistance, or relating to the disability determination function pursuant to Titles II and XVI of the federal Social Security Act, the licensing of community care facilities, or any other function vested in the department, heretofore adopted by the State Department of Health, the State Department of Benefit Payments, or any predecessor department, and in effect immediately preceding the operative date of amendments to this section enacted by the Legislature during the 1977–78 Regular Session, shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the director. (f) Perform such other duties as may be prescribed by law, and such other administrative and executive duties as have by other provisions of law been previously imposed. (Amended by Stats. 1978, Ch. 429.)
  178. 10553.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    On request from an Indian tribe, the department must enter into a qualifying agreement about Indian child care, custody, and jurisdiction matters.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553.1. (a) Notwithstanding any other law, the department shall, upon an Indian tribe’s request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes. (b) (1) There shall be no tribal share of costs for any agreement under subdivision (a). (2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4. (3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3. (4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4. (5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act. (6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the county’s jurisdiction. (c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement. (d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds. (e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes. (f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section. (Amended by Stats. 2022, Ch. 573, Sec. 14. (AB 207) Effective September 27, 2022.)
  179. 10553.12.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    A federally recognized tribe may license or approve a home for foster or adoptive placement of an Indian child, and a tribe or tribal organization may request criminal-history and child-abuse index information from the Department of Justice.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553.12. (a) Notwithstanding any other law, a federally recognized tribe is authorized, but not required, to license or approve a home for the purpose of foster or adoptive placement of an Indian child. (b) An Indian child, as defined in Section 224.1, who has been removed pursuant to Section 361, from the custody of their parents or Indian custodian may be placed in a tribally approved home, as defined in subdivision (r) of Section 224.1. (c) To facilitate the availability of tribally approved homes that have been fully approved in accord with federal law, including completion of required background checks pursuant to Section 8712 of the Family Code, a tribe or tribal organization may request from the Department of Justice federal and state summary criminal history information and Child Abuse Central Index Information pursuant to paragraph (8) of subdivision (b) of Section 11170 of the Penal Code regarding a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant, a person who has a familial or intimate relationship with a person living in the home of an applicant, or an employee of the child welfare agency who may have contact with children. (d) As used in this section, a “tribal organization” means an entity designated by a federally recognized tribe as authorized to approve homes consistent with the federal Indian Child Welfare Act for the purpose of placing an Indian child into foster or adoptive care, including the authority to conduct criminal record and child abuse background checks of, and grant exemptions to, individuals who are prospective foster parents or adoptive parents, an adult who resides or is employed in the home of an applicant for approval, a person who has a familial or intimate relationship with a person living in the home of an applicant, or an employee of the tribal organization who may have contact with children. (e) A county social worker may place an Indian child in a tribally approved home without having to conduct a separate background check, upon certification by the tribe or tribal organization of the following: (1) The tribe or tribal organization has completed a criminal record background check in accord with the standards set forth in Section 1522 of the Health and Safety Code, and a Child Abuse Central Index Check pursuant to Section 1522.1 of the Health and Safety Code, with respect to each of the individuals described in subdivision (c). (2) The tribe or tribal organization has agreed to report to a county child welfare agency responsible for a child placed in the tribally approved home, within 24 hours of notification to the tribe or tribal organization by the Department of Justice, of any subsequent state or federal arrest or disposition notification provided pursuant to Section 11105.2 of the Penal Code involving an individual associated with the tribally approved home where an Indian child is placed. (3) If the tribe or tribal organization in its certification states that the individual was granted a criminal record exemption, the certification shall specify that the exemption was evaluated in accord with the standards and limitations set forth in paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code and was not granted to an individual ineligible for an exemption under that provision. (f) Tribal home approvals conducted in compliance with this section are not subject to resource family approval requirements. (Amended by Stats. 2024, Ch. 656, Sec. 25. (AB 81) Effective September 27, 2024.)
  180. 10553.13.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    This section creates the Tribally Approved Homes Compensation Program and requires the department to fund eligible Indian tribes, while setting reporting, consultation, and allocation rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553.13. (a) (1) The Tribally Approved Homes Compensation Program is hereby established to provide funding, as described in this section, to eligible Indian tribes to assist in funding the costs associated with recruiting and approving homes for the purpose of foster or adoptive placement of an Indian child as described in Section 10553.12. Funding is limited to eligible Indian tribes as described in subdivision (b). (2) Subject to an appropriation in the annual Budget Act for the express purpose described in paragraph (1), the department shall provide each eligible Indian tribe, as described in subdivision (b), an annual allocation of seventy-five thousand dollars ($75,000) for the purpose described in paragraph (1). If the annual Budget Act provides for an allocation of more than seventy-five thousand dollars ($75,000) per eligible Indian tribe, then each eligible Indian tribe shall receive an adjusted allocation within and for that same fiscal year. The adjusted allocation shall be based on a methodology considering the number of Indian children in foster care or prospective adoptive placements through the juvenile court. The allocation methodology and the implementation plan shall be established by the department in government-to-government consultation with tribes no later than June 30, 2023. The department shall provide an update to legislative staff and stakeholders on the progress of implementation of this section, preferably by January 1, 2023, but no later than February 1, 2023. (3) For purposes of this section, the following definitions apply: (A) “Department” means the State Department of Social Services. (B) “Indian tribe” means any federally recognized Indian tribe located in California or with lands that extend into California. (b) To be eligible for an allocation of funds under this section, an Indian tribe shall enter into an agreement with the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1919). An Indian tribe may designate another entity to administer the allocation of funds on the Indian tribe’s behalf upon designation by the Indian tribe for this purpose. An Indian tribe that seeks funding pursuant to this section shall submit a letter of interest to the department each year by a deadline established by the department through government-to-government consultation with Indian tribes. The agreement shall contain, but not be limited to, the following terms: (1) A timeline for the distribution of funds by the department. (2) A description of how the Indian tribe will administer the funds. (3) A description of the Indian tribe’s staffing needs to administer the program, including recruitment, retention, and training. (4) The estimated number of homes the Indian tribe will assess and potentially approve for foster or adoptive placement per year. (5) The number of existing foster or prospective adoptive homes approved by the Indian tribe, if applicable. (6) A description of the existing or planned recruitment activities and processes that will be developed, including meeting criminal background check requirements. (7) If the Indian tribe plans to designate another entity to administer the funds, the name of that entity. (c) An Indian tribe that receives funding pursuant to this section shall submit a progress report to the department. The progress report shall be submitted to the department on or before September 1 following the close of the fiscal year in which the Indian tribe received an allocation. The progress report shall include all of the following information for the fiscal year that was funded: (1) A description of how the Indian tribe administered the funds. (2) A description of how the funds were used to meet the Indian tribe’s staffing needs to administer the program, including recruitment, retention, and training. (3) The number of homes the Indian tribe assessed and approved for foster or adoptive placement for the fiscal year the funds were allocated. (4) The number of existing foster or prospective adoptive homes approved by the Indian tribe, if applicable. (5) A description of the existing or planned recruitment activities and processes that were developed, including meeting the criminal background check requirements. (d) The department shall annually provide to the budget committees of the Legislature a report summarizing the information and data provided by the Indian tribes in their progress reports to the department. The annual report shall be submitted to the budget committees no later than January 31 following the close of the fiscal year covered by the tribe’s progress reports. The report shall include, but be not be limited to, all of the following: (1) The total amount of funds allocated by the department for the program. (2) The number of Indian tribes that received an allocation of funds during the fiscal year and the amount of funds allocated to each Indian tribe. (3) A summary of the data submitted to the department by the Indian tribes pursuant to paragraphs (1) to (3), inclusive, of subdivision (c). (e) The department shall seek federal approvals or waivers necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) in order to maximize funding for the purpose described in this section. (f) An agreement entered into pursuant to this section may be revoked by either party upon a 180-day written notice to the other party. (g) 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 issue written guidance to implement, interpret, or make specific this section without taking any regulatory action. (Amended by Stats. 2024, Ch. 656, Sec. 26. (AB 81) Effective September 27, 2024.)
  181. 10553.14.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    This section creates the Tribal Dependency Representation Program to fund legal counsel for eligible California tribes in child custody proceedings, with reporting and funding conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553.14. (a) The Tribal Dependency Representation Program is hereby established to provide funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding legal counsel to represent the Indian tribe in a California Indian child custody proceeding, as defined by subdivision (d) of Section 224.1, that is initiated or ongoing in the juvenile court. An Indian tribe may designate another entity to administer the allocation of funds on a tribe’s behalf upon designation by the tribe for this purpose. There shall be no tribal share of cost for any agreement executed under this section. (b) To be eligible for an allocation of funds under this allocation, an Indian tribe shall enter into an agreement with the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 1919 of Title 25 of the United States Code. (c) An Indian tribe that seeks funding pursuant to this section shall submit an annual letter of interest to the State Department of Social Services. The letter shall include all of the following: (1) The approximate number of Indian child custody proceedings, as defined by subdivision (d) of Section 224.1, involving an Indian child who is a member of the tribe or eligible for membership in the tribe that were initiated or ongoing in the juvenile court in the preceding 12 months. (2) The approximate number of cases in an appellate court or the California Supreme Court involving an Indian child in which the tribe was an active participant in the preceding 12 months. (3) The approximate number of Indian child custody cases for which the tribe will be served by the legal counsel funded through the allocation provided by this section in the upcoming year. (4) If the tribe plans to designate another entity for representation, the name of that entity. (d) Subject to an appropriation in the annual Budget Act for the express purpose described in this section, the State Department of Social Services shall provide each eligible Indian tribe, as described in subdivision (a), that enters into an agreement pursuant to subdivision (b) and submits a letter of interest pursuant to subdivision (c), an annual base allocation of fifteen thousand dollars ($15,000) for the purpose described in subdivision (a). If the annual Budget Act provides for an allocation of funds of more than fifteen thousand dollars ($15,000) per eligible tribe, then each eligible tribe shall receive an adjusted allocation within and for that same fiscal year. The allocation methodology and the implementation plan shall be established by the department in government-to-government consultation with tribes. The department shall provide an update to legislative staff and stakeholders on the progress of implementation of this section, preferably by January 1, 2023, but no later than February 1, 2023. (e) An Indian tribe that receives funds pursuant to this section shall submit a progress report to the department. The progress report shall be submitted on or before September 30 following the close of the fiscal year in which funding was received. The report shall include all of the following information: (1) The total number of Indian child custody proceeding hearings and the number of hearings attended by the Indian tribe with legal representation paid for with this allocation. (2) The counties in which the hearings were held. (3) The total number of appellate proceedings and the number of appellate proceedings in which counsel paid for with this allocation appeared on behalf of the tribe. (f) The department shall seek federal approvals or waivers necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) in order to maximize funding for the purpose described in this section. (g) 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) This section shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for this purpose. (i) It is the intent of the Legislature that the state provide the adequate level of funding for legal representation for tribes in child welfare proceedings pursuant to this section, and that the state consider how well the objectives of this policy are being met with the funding appropriated in the annual Budget Act. (Amended by Stats. 2023, Ch. 43, Sec. 33. (AB 120) Effective July 10, 2023.)
  182. 10553.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    Indian health clinics may request an advance payment of up to 50% of the allocated amount, and the department must pay it if funding is appropriated. The department must also pay the remaining balance as reimbursement when the clinic submits a written request and supporting documents.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553.15. (a) The CalWORKs Indian Health Clinic Program is established to provide funding to Indian health clinics to provide substance abuse and mental health treatment services, and other related services authorized under the CalWORKs program, to CalWORKs applicants and recipients and tribal Temporary Assistance for Needy Families (TANF) applicants and recipients living in California. (b) For purposes of this section, “applicants and recipients” includes individuals who self-attest to an Indian health clinic as either having applied for, or currently receiving, CalWORKs or tribal TANF assistance. An Indian health clinic may also provide services under this section to an individual the clinic verifies is enrolled in the Medi-Cal program, or who self-attests to their enrollment in the Medi-Cal program. An Indian health clinic may accept self-attestation, as described in this subdivision, as conclusive proof of eligibility for services under this section, and is not required to further verify eligibility. (c) (1) At the beginning of each state fiscal year, an Indian health clinic may choose to request an advance payment in an amount equal to not more than 50 percent of the total allocated amount, contingent upon both of the following: (A) A written request for an advance payment from the Indian health clinic. (B) The grantee’s timely and accurate submission within 45 days of the beginning of the fiscal year, and the department’s approval within 90 days of the completed submission, of the data reports required under the agreement, budget expenditure reports, and an annual reconciliation report, from the prior year. (2) The department shall remit the advance payment requested pursuant to paragraph (1) if funds have been appropriated through the annual Budget Act. (3) The department shall remit the remainder of the total allocated amount as a reimbursement when in receipt of a written request and supporting documents from the Indian health clinic. (Repealed and added by Stats. 2024, Ch. 663, Sec. 2. (AB 2795) Effective January 1, 2025.)
  183. 10553.16.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    This section creates the Tribal Foster Care Prevention Initiative and sets conditions for California tribal funding, including agreements, annual letters of interest, progress reports, and annual allocations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553.16. (a) The Legislature finds and declares all of the following: (1) American Indian and Alaska Native children continue to be overrepresented in the California foster care system. (2) The historic policies of the state and federal governments have specifically targeted American Indian and Alaska Native children for removal from their families and tribal communities, the legacy of which continues to ripple through generations of American Indian and Alaska Native families in California. (3) The historic policies of the state and federal governments specifically have not honored treaty obligations to tribal nations in California that would have provided for the health and welfare of tribal children and families. (4) Tribal nations within California are experts in determining the best interest of their members and citizens and preserving tribal families, but lack funding to support culturally responsive family preservation services. (b) It is the intent of the Legislature in enacting this act to support federally recognized tribes in California in developing and implementing prevention services and to ensure equitable funding for California’s tribal families. (c) Subject to an appropriation by the Legislature, the Tribal Foster Care Prevention Initiative is hereby established to provide state funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding the costs, including staffing and administrative, associated with services aimed at preserving families and preventing the entry of children into foster care. (d) Services under this section shall be focused on prevention services determined by the federally recognized tribe and may include any of the following: (1) Concrete supports to a family to address immediate needs, such as childcare, transportation, housing, utilities, and food. (2) Behavioral health and wellness services. (3) Cultural or traditional activities. (4) Parenting support, education, and training services. (e) To be eligible for an allocation of funds under this section, an eligible federally recognized tribe as described in subdivision (c) shall enter into an agreement provided by the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 1919 of Title 25 of the United States Code. (f) A federally recognized tribe that seeks funding pursuant to this section shall submit an annual letter of interest to the State Department of Social Services by May 1 of each year. The letter shall include all of the following: (1) The name of the tribe and the identified contact person. (2) The approximate number of Indian children, as defined by Section 224.1, in the tribe. (3) The approximate number of children identified in paragraph (2) that were in foster care in the previous fiscal year. (g) Subject to an appropriation in the annual Budget Act for the express purpose described in this section, the State Department of Social Services shall provide each eligible federally recognized tribe, as described in subdivision (c), that enters into an agreement pursuant to subdivision (e) and submits a letter of interest pursuant to subdivision (f), an annual allocation. The annual allocation for each eligible federally recognized tribe shall be based on an equal division of the allocated funds amongst the eligible federally recognized tribes opting in for that year. (h) A federally recognized tribe that receives funds pursuant to this section shall submit a progress report to the department. The progress report shall be submitted on or before September 30 following the close of the fiscal year in which funding was received. The report shall include all of the following: (1) The total number of children that received prevention services funded with moneys received pursuant to the Tribal Foster Care Prevention Initiative in the previous fiscal year. (2) The total number of families that received prevention services funded with moneys received pursuant to the Tribal Foster Care Prevention Initiative in the previous fiscal year. (3) The number of Indian children, as defined by Section 224.1, that received prevention services pursuant to the Tribal Foster Care Prevention Initiative and entered foster care within 12 months. (4) A description of the type or types of prevention services provided pursuant to the Tribal Foster Care Prevention Initiative to Indian children, as defined by Section 224.1, and their families. (5) A description of how the funding has impacted the tribe’s capacity to increase services to Indian children, as defined by Section 224.1, and their families. (6) A description of the outcomes achieved. (i) The department shall provide an update in writing to legislative staff, federally recognized tribes, and stakeholders on the progress of implementation of this section by February 1, 2028. (j) 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. (k) The department shall only perform the duties under this section to the extent funding has been provided expressly for this purpose. (Added by Stats. 2026, Ch. 26, Sec. 17. (AB 152) Effective June 29, 2026.)
  184. 10553.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    Child welfare services allocation methodologies for agreements under Section 10553.1 must be developed in consultation with the State Department of Social Services, the affected counties, and the affected Indian tribe, consortium of tribes, or tribal organization.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553.2. Child welfare services allocation methodologies for agreements entered into pursuant to Section 10553.1 shall be developed in consultation with the State Department of Social Services, the affected counties, and the affected Indian tribe, consortium of tribes, or tribal organization. (Amended by Stats. 2010, Ch. 725, Sec. 13. (AB 1612) Effective October 19, 2010.)
  185. 10553.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

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    The department must make annual fund allocations to eligible federally recognized American Indian tribes that run qualifying programs, collect and keep specified tribe data, request waivers and exemptions for tribes, amend the state TANF plan, and avoid reducing county allocations except for permitted caseload-based adjustments. Counties must consult eligible tribes, and Tribal TANF programs must report quarterly data and provide annual audited financials.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10553.25. (a) The department shall make an annual allocation of funds appropriated for the purpose of this subdivision to all eligible federally recognized American Indian tribes with reservation lands or rancherias located in this state that administer a program pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193). (b) The department shall collect and maintain specific available data for each tribe in this state for federal fiscal year 1994 for the purpose of the implementation and administration of the federal program. (c) The department shall submit requests on behalf of tribes, for all applicable federal waivers and exemptions for all eligible federally recognized American Indian tribes located on reservations and rancherias, or for consortia of tribes, for the administration of the CalWORKs program, whether or not tribes administer an approved Temporary Assistance for Needy Families (TANF) plan, independent of any county participation, demographics, or circumstances. (d) Each county, in the administration of the CalWORKs program, shall consult with all eligible federally recognized tribes within any portion of the county, for the purpose of providing American Indian recipients with equitable access to assistance under the state program or an approved tribal TANF program if implemented in the county, and for the consideration of transfers of administration responsibilities to those entities. (e) Beginning July 1, 2006, state funding for tribal TANF programs provided pursuant to this section shall be based on the caseload used to develop the Tribal Family Assistance Grant negotiated with the Administration for Children and Families and the state. Tribal TANF programs shall do both of the following: (1) Report to the department, on a quarterly basis, the aggregated data, as reported by tribal TANF programs to the federal Department of Health and Human Services pursuant to paragraph (2) of subdivision (b) of Part 286.255 of Title 45 of the Code of Federal Regulations, and any additional federal data required to meet the state maintenance of effort (MOE) reporting requirements. (2) Provide the department, on an annual basis, corresponding with the program’s fiscal year, a certified audit in accordance with the requirements of the federal Office of Management and Budget (OMB) Circular A-133. (f) In no case shall the state match under subdivision (e) exceed the original state share designated for the tribal TANF program in the original negotiation of 1994 caseload counts. (g) The department shall amend the state TANF plan to reflect that the state adopts by reference the federally approved financial eligibility criteria established by each tribal TANF program as the state’s financial eligibility criteria when determining eligibility for state funded services provided by tribal TANF programs. (h) Beginning July 1, 2005, the department shall not reduce county single allocations to offset funding provided for tribal TANF programs. The department may adjust county single allocations to reflect the actual caseload declines associated with the number of Native American cases transferring from the counties to the tribal TANF programs. (Amended by Stats. 2006, Ch. 75, Sec. 28. Effective July 12, 2006.)
  186. 10554.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department must adopt general regulations, orders, or standards to carry out and explain the law it enforces, and it must follow the specified Government Code process when changing them.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10554. The department shall adopt regulations, orders, or standards of general application to implement, interpret, or make specific the law enforced by the department, and those regulations, orders, and standards shall be adopted, amended, or repealed by the department only in accordance with the provisions of Chapter 3.5 (commencing with Section 11340), Part 1, Division 3, Title 2 of the Government Code, provided that the regulations need not be printed in the California Code of Regulations or California Administrative Register if they are included in the publications of the department. In adopting regulations the department shall strive for clarity of language that may be readily understood by those administering public social services or subject to the regulations. The rules of the department need not specify or include the detail of forms, reports or records, but shall include the essential authority by which any person, agency, organization, association or institution subject to the supervision or investigation of the department is required to use, submit or maintain the forms, reports or records. (Amended by Stats. 1999, Ch. 887, Sec. 5. Effective January 1, 2000.)
  187. 10555.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The director must appoint needed assistants and other employees, assign their duties, and fix their salaries with Department of Finance approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10555. Subject to the State Civil Service Act, the director shall appoint such assistants and other employees as are necessary for the administration of the affairs of the department and shall prescribe their duties and, subject to the approval of the Department of Finance, fix their salaries. (Amended by Stats. 1971, Ch. 1593.)
  188. 10555.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The State Department of Social Services must send fingerprint images and related information to the Department of Justice for covered staff and volunteers, and the Department of Justice must return a state- or federal-level response.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10555.5. (a) The criminal history check required by this section is limited to a State Department of Social Services employee, prospective employee, contractor, subcontractor, and volunteer whose duties include, or would include, access to any of the following: (1) Criminal offender record information, as defined in Section 11075 of the Penal Code. (2) Federal tax information, as defined in paragraph (1) of subdivision (f) of Section 1044 of the Government Code. (3) Individuals who reside in, receive care from, or are sheltered in a facility licensed or otherwise administered by the department; individuals who receive child welfare services overseen by the department; and other individuals served by the department, as defined by law. (b) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the State Department of Social Services shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, contractors, subcontractors, and volunteers specified in subdivision (a). The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2024, Ch. 997, Sec. 23. (AB 179) Effective September 30, 2024.)
  189. 10556.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department’s chief administrative law judge must be an attorney, meet any qualifications set by the State Personnel Board, report directly to the director, and the office may not be placed inside another division, office, or subdivision of the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10556. The chief administrative law judge of the department shall be an attorney, and shall otherwise meet such qualifications as may be prescribed by the State Personnel Board. The director shall appoint the chief administrative law judge. The office of the chief administrative law judge shall not be made a part of any other division, office, or subdivision of the department. The chief administrative law judge shall be directly responsible to the director. (Amended by Stats. 1986, Ch. 415, Sec. 1. Effective July 17, 1986.)
  190. 10557.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    A department director may not simultaneously serve as an officer or employee of supervised agencies or institutions, and State Social Services Advisory Board members may not hold office or employment in the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10557. No person while holding the office of director shall be a trustee, manager, director, or other officer or employee of any agency performing any function supervised by the department or any institution which is subject to examination, inspection, or supervision by the department. No member of the State Social Services Advisory Board shall hold any office or employment in the department. (Repealed and added by Stats. 1986, Ch. 1093, Sec. 15.7.)
  191. 10558.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department’s conduct is generally governed by the specified Government Code provisions, unless another provision expressly says otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10558. Except as otherwise expressly provided, the provisions of Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code, as the same may be added to or amended from time to time, shall apply to the conduct of the department. (Added by Stats. 1965, Ch. 1784.)
  192. 10559.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department must have separate divisions or offices for blind services and for deaf and hard-of-hearing services, each headed by a qualified chief, and those units must stay limited to that work.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10559. (a) There are in the department a division or office devoted to carrying out the provisions of this division pertaining to the services to the blind and another division or office devoted to carrying out the public social services to deaf and hard-of-hearing persons. The divisions or offices shall each be headed by a chief, one who is a trained social worker experienced in work for the blind, the other a trained social worker or counselor experienced in work for the deaf and hard of hearing or a person experienced in administering a deaf or hard-of-hearing services program. The duties of the division for the blind and its chief shall be confined to carrying out the provisions of this division pertaining to services to the blind. The duties of the division or office for the deaf and hard of hearing shall be confined to carrying out the provision of public social services to the deaf and hard of hearing. Blindness, deafness, or being hard of hearing shall not be grounds to disqualify a person from holding the position of chief of the office or division. The divisions or offices shall not be made a part of any other division, office, or subdivision of the department. The chiefs of the divisions or offices shall be directly responsible to the director. (b) The director through the divisions or offices may provide consultative services to county personnel administering services to the blind, deaf, or hard of hearing which shall include, but not be limited to, information concerning the various aspects of blindness, deafness, and being hard of hearing and its problems and implications, the rehabilitative potential of the blind, deaf, and hard of hearing, public and private services available, employment opportunities for blind, deaf, and hard-of-hearing persons, and concepts in counseling blind, deaf, and hard-of-hearing persons. (Amended by Stats. 2017, Ch. 561, Sec. 278. (AB 1516) Effective January 1, 2018.)
  193. 10560.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department and each county department must, as far as feasible, train public assistance recipients and potential recipients for private employment or government service.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 1. Organization [10550 - 10560] ( Article 1 added by Stats. 1965, Ch. 1784. ) ## 10560. The department and each county department shall, to the extent feasible, train recipients of public assistance and potential recipients for private employment or for government service. Employment by the state or counties shall be subject to applicable civil service and merit system requirements. The provisions of this section may be accomplished in conjunction with the provisions of a contract between the department and the State Department of Education, or Employment Development Department, or Department of Rehabilitation. (Amended by Stats. 1977, Ch. 1252.)
  194. 106.

    ## 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 ↗

    The CASA must be notified of hearings and other proceedings in the case they were appointed to.

    ## 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. ) ## 106. The CASA shall be notified of hearings and other proceedings concerning the case to which he or she has been appointed. (Added by Stats. 1988, Ch. 723, Sec. 5.)
  195. 10600.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

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    The department has full power to supervise public social services statewide, except for health care services and medical assistance covered by grants-in-aid.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10600. It is hereby declared that provision for public social services in this code is a matter of statewide concern. The department is hereby designated as the single state agency with full power to supervise every phase of the administration of public social services, except health care services and medical assistance, for which grants-in-aid are received from the United States government or made by the state in order to secure full compliance with the applicable provisions of state and federal laws. (Amended by Stats. 1977, Ch. 1252.)
  196. 10600.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The State Department of Social Services takes over specified duties, purposes, responsibilities, and jurisdiction from other state departments, with stated exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10600.1. (a) The State Department of Social Services succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State Department of Health or the State Department of Benefit Payments pursuant to the provisions of this division, except those contained in Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), Chapter 8.5 (commencing with Section 14500), and Chapter 8.7 (commencing with Section 14520) of Part 3, on the date immediately prior to the date this section becomes operative. (b) The State Department of Social Services also succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the State Department of Health with respect to its disability determination function performed pursuant to Titles II and XVI of the federal Social Security Act; provided, however, that this paragraph shall not vest in the State Department of Social Services any power or authority over programs for aid or rehabilitation of mentally disordered or developmentally disabled persons administered by the State Department of State Hospitals or the State Department of Developmental Services. (Amended by Stats. 2014, Ch. 442, Sec. 20. (SB 1465) Effective September 18, 2014.)
  197. 10600.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The State Department of Social Services has possession and control of specified records and property held for the benefit or use of the Director of Health or the Director of Benefit Payments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10600.2. The State Department of Social Services shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property real or personal held for the benefit or use of the Director of Health or the Director of Benefit Payments in the performance of his duties, powers, purposes, responsibilities, and jurisdiction that are vested in the State Department of Social Services by Section 10600.1. (Amended by Stats. 1977, Ch. 1252.)
  198. 10600.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    Certain eligible officers and employees are transferred to the State Department of Social Services, and their status, positions, and rights are preserved.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10600.3. All officers and employees of the Director of Health or the Director of Benefit Payments who, on the operative date of the statute amending this section at the 1977 portion of the 1977–78 Regular Session of the Legislature, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the State Department of Social Services by Section 10600.1 shall be transferred to the State Department of Social Services. The status, positions, and rights of such persons shall not be affected by the transfer and shall be retained by them as officers and employees of the State Department of Social Services pursuant to the State Civil Service Act, except as to positions exempt from civil service. (Amended by Stats. 1977, Ch. 1252.)
  199. 10601.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    The department may spend all money made available to it, as long as it does so in accordance with law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10601. The department may expend, in accordance with law, all moneys made available for its use or for the administration of any statute administered by it. (Added by Stats. 1965, Ch. 1784.)
  200. 10601.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. )

    Verify source ↗

    This section requires the State Department of Social Services and related agencies to create and run the California Child and Family Service Review System, set up a workgroup, review county child welfare systems, and report progress to the Legislature.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 2. ADMINISTRATION [10500 - 10985] ( Part 2 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. State Department of Social Services [10550 - 10619] ( Heading of Chapter 2 amended by Stats. 1977, Ch. 1252. ) ## ARTICLE 2. Powers and Duties [10600 - 10619] ( Article 2 added by Stats. 1965, Ch. 1784. ) ## 10601.2. (a) The State Department of Social Services shall establish, by April 1, 2003, the California Child and Family Service Review System, in order to review all county child welfare systems. These reviews shall cover child protective services, foster care, adoption, family preservation, family support, and independent living. (b) Child and family service reviews shall maximize compliance with the federal regulations for the receipt of money from Subtitle E (commencing with Section 470) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) and ensure compliance with state plan requirements set forth in Subtitle B (commencing with Section 421) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 621 et seq.). (c) (1) The California Health and Human Services Agency shall convene a workgroup comprised of representatives of the Judicial Council, the State Department of Social Services, the State Department of Health Care Services, the State Department of Education, the Department of Justice, any other state departments or agencies that the California Health and Human Services Agency deems necessary, the County Welfare Directors Association of California, the California State Association of Counties, the Chief Probation Officers of California, the California Youth Connection, and representatives of California tribes, interested child advocacy organizations, researchers, and foster parent organizations. The workgroup shall establish a work plan by which child and family service reviews shall be conducted pursuant to this section, including a process for qualitative peer reviews of case information. (2) At a minimum, in establishing the work plan, the workgroup shall consider any existing federal program improvement plans entered into by the state pursuant to federal regulations, the outcome indicators to be measured, compliance thresholds for each indicator, timelines for implementation, county review cycles, uniform processes, procedures and review instruments to be used, a corrective action process, and any funding or staffing increases needed to implement the requirements of this section. The agency shall broadly consider collaboration with all entities to allow the adequate exchange of information and coordination of efforts to improve outcomes for foster youth and families. (d) (1) The California Child and Family Service Review System outcome indicators shall be consistent with the federal child and family service review measures and standards for child and family outcomes and system factors authorized by Subtitle B (commencing with Section 421) and Subtitle E (commencing with Section 470) of Title IV of the federal Social Security Act and the regulations adopted pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title 45 of the Code of Federal Regulations). (2) During the first review cycle pursuant to this section, each county shall be reviewed according to the outcome indicators established for the California Child and Family Service Review System. (3) For subsequent reviews, the workgroup shall consider whether to establish additional outcome indicators that support the federal outcomes and any program improvement plan, and promote good health, mental health, behavioral, educational, and other relevant outcomes for children and families in California’s child welfare services system. (4) The workgroup shall convene as necessary to update the outcome indicators described in paragraph (1). (e) The State Department of Social Services shall identify and promote the replication of best practices in child welfare services delivery to achieve the measurable outcomes established pursuant to subdivision (d). (f) The State Department of Social Services shall provide information to the Assembly and Senate Budget Committees and appropriate legislative policy committees annually, beginning with the 2002–03 fiscal year, on all of the following: (1) The department’s progress in planning for the federal child and family service review to be conducted by the United States Department of Health and Human Services and, upon completion of the federal review, the findings of that review, the state’s response to the findings, and the details of any program improvement plan entered into by the state. (2) The department’s progress in implementing the California child and family service reviews, including, but not limited to, the timelines for implementation, the process to be used, and any funding or staffing increases needed at the state or local level to implement the requirements of this section. (3) The findings and recommendations for child welfare system improvements identified in county self-assessments and county system improvement plans, including information on common statutory, regulatory, or fiscal barriers identified as inhibiting system improvements, any recommendations to overcome those barriers, and, as applicable, information regarding the allocation and use of the moneys provided to counties pursuant to subdivision (i). (g) Effective April 1, 2003, the existing county compliance review system shall be suspended to provide to the State Department of Social Services sufficient lead time to provide training and technical assistance to counties for the preparation necessary to transition to the new child and family service review system. (h) Beginning January 1, 2004, the department shall commence individual child and family service reviews of California counties. County child welfare systems that do not meet the established compliance thresholds for the outcome measures that are reviewed shall receive technical assistance from teams made up of state and peer-county administrators to assist with implementing best practices to improve their performance and make progress toward meeting established levels of compliance. (i) (1) To the extent that funds are appropriated in the annual Budget Act to enable counties to implement approaches to improving their performance on the outcome indicators under this section, the department, in consultation with counties, shall establish a process for allocating the funds to counties. (2) The allocation process shall take into account, at a minimum, the extent to which the proposed funding would be used for activities that are reasonably expected to help the county make progress toward the outcome indicators established pursuant to this section, and the extent to which county funding for the child abuse prevention and treatment program is aligned with the outcome indicators. (3) To the extent possible, a county shall use funds in a manner that enables the county to access additional federal, state, and local funds from other available sources. However, a county’s ability to receive additional matching funds from these sources shall not be a determining factor in the allocation process established pursuant to this subdivision. (4) The department shall provide information to the appropriate committees of the Legislature on the process established pursuant to this subdivision for allocating funds to counties. (j) (1) Counties shall continue to be responsible for and accountable to the department for child welfare program performance measures, including all of the following: (A) The outcome and systemic factor measures contained in the federal Department of Health and Human Services Child and Family Services Review Procedures Manual, Appendix B, Index of Outcomes and Systemic Factors, and Associated Items and Data Indicators, issued pursuant to Sections 1355.34(b) and 1355.34(c) of Title 45 of the Code of Federal Regulations. (B) Information and other requirements necessary for the California Child and Family Service Review System, as required pursuant to this section. (C) Monthly caseworker visits with a child in care. (D) Timeliness to begin an investigation of allegations of child abuse or neglect. (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), other performance measures resulting from new federal mandates or court decrees as specified in an all-county letter issued by the department. (2) The department shall monitor, on an ongoing basis, county performance on the measures specified in paragraph (1). (3) At least once every five years, the department shall conduct a comprehensive review of county performance on the measures specified in paragraph (1). (4) (A) The department shall periodically update the process guides utilized by counties to prepare the self-assessments and system improvement plans to promote implementation and evaluation of promising practices and use of data. (B) The process guides also shall include, but not be limited to, both of the following: (i) County evaluation of demographics for the children and families served and effectiveness of the system improvement activities for these populations. (ii) A description of the process by which the department and counties shall develop mutually agreed upon performance targets for improvement. (5) The department, in consultation with counties, shall develop a process for resolving any disputes regarding the establishment of appropriate targets pursuant to the process provided in paragraph (4). (6) A county shall submit an update to the department, no less than annually, on its progress in achieving improvements from the county’s baseline for the applicable measure. The department may require a county that has not met its performance targets to submit and implement a corrective action plan, as determined by the director. (k) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities required under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (l) Subject to an appropriation by the Legislature in the annual Budget Act or another statute for these purposes, the California Child and Family Service Review System shall include data from the Child and Adolescent Needs and Strengths (CANS) assessment tool, and may include other behavioral health data that is readily available to the department and determined by the department to be relevant. The department may consider feedback from relevant stakeholders, including, but not limited to, researchers, county representatives, advocates, and individuals with lived experience, in determining which additional relevant data to include. (Amended by Stats. 2024, Ch. 944, Sec. 1. (AB 1907) Effective January 1, 2025.)

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