HomeMy WebLinkAboutMINUTES - 06271989 - IO.1 TO: +j `Board of Supervisors •,
FROM: INTERNAL OPERATIONS COMMITTEE
•cos_ �;a°
DATE: May 8, 1989 'A-�o�K�1
SUBJECT: STATUS REPORT ON VARIOUS CHILD CARE ISSUES
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION
1. RequestCounty Counsel to attempt tofashion aprogam which will allow the Social Service Department toeither
make direct payments to child care providers or utilize a voucher program which would authorize a third party
like the Child Care Council to obtain and pay for child care for clients designated by the Social Services
Department. The objective here is to make it possible to pay as many child care providers as possible directly
without incurring the liability of being the"employer"of the providers. Request County Counsel to report back
to our Committee on June 12, 1989 at 8:30 A.M.
2. Request the Social Services Director to determine ways in which it may be possible to require"exempt"child
care providers to register with the Department of Justice pursuant to AB 3961 (Chapter 1540,Statutes of 1988)
as a condition of receiving child care reimbursement from the County and provide our Committee with a report
and recommendations on this subject June 12, 1989 at 8:30 A.M.
3. Request the County Administrator to summarize the responses to the survey made of members of the Child Care
Task Force regarding the most convenient meeting times and report to our Committee on June 12, 1989 at 8:30
A.M. so we can discuss with members of the Child Care Task Force whether there is a more convenient time
to meet than during regular Internal Operations Committee meeting times.
4. Request Supervisor Schroder to contact Assemblyman Baker before AB 1853 is heard in the Assembly Ways
and Means Committee on May 24, 1989, urging Assemblyman Baker to support AB 1853 as a cost effective
manner of providing child care.
CONTINUED ON ATTACH YES SIGNATURE:
endati of County Admi ' tra Recommendation of Board Committee
ro r;
Signature(s • P R SNNE WRIGHT McP&
Action of Boon: May 16. 1989 Approved as Recommended x Other
Vote of Supervisors
I HEREBY CERTIFY THAT THIS IS A TRUE AND
x Unanimous(Absent — ) CORRECT COPY OF AN ACTION TAKEN AND
Ayes: Noes: ENTERED ON HE MINUTES OF THE BOARD
Absent: Abstain: OF SUPERVISORS ON DATE SHOWN.
cc: County Administrator ATTESTED d/��% /6, /989
Social Services Director PHIL BATUKELOR,CLERK OF THE BOARD
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Executive Director,Contra Costa Child Care Council
Acting Director,Community Services Department D
Executive Director,Private Industry Council BY- Deputy Clerk
clvm:eh(iol.bo)
5. Request the Executive Director of the Contra Costa Child Care Council to make arrangements with the Child
Care Subcommittee of the Contra Costa Council for the Subcommittee and the Child Care Task Force, along
with members of the Internal Operations Committee,to meet jointly in order to describe to the members of the
business community what is happening in the field of child care in Contra Costa County and solicit their support
for these efforts.
6. Direct the Social Services Director not to renew the contract with the Community Services Department for the
child care resource development until our Committee has had an opportunity to review the report of the County
Counsel on June 12, 1989.
BACKGROUND:
On April 18, 1989 the Board of Supervisors approved a number of recommendations from our Committee regarding
child care issues.
On May 8, 1989 our Committee met with representatives of the Child Care Task Force,staff from the Social Services
Department and County Counsel's Office. Attached is the agenda of specific issues we discussed,including a memo
from the Social Services Department on GAIN Child Care.
AB 1853 by Assemblywoman Speier has passed the Assembly Human Services Committee and is scheduled to be
heard in the Assembly Ways and Means Committee on May 24, 1989. It is important that Assemblyman Baker be
contacted before this hearing and asked to support AB 1853. The Child Care Council is contacting the cities, a
number of legislators and business leaders to solicit their support for AB 1853. We are asking that Supervisor
Schroder specifically contact Assemblyman Baker,explain the concept of AB 1853 to him and solicit Assemblyman
Baker's support when the bill is heard in Ways and Means.
Kate Ertz-Berger,Executive Director of the Child Care Council,has met with the Child Care Subcommittee of the
Contra Costa Council. Our Committee believes that it is essential to involve the business community in the issues
of child care with which we are presently dealing. As a result we would like to ask Ms. Ertz-Berger to make
arrangements for the Child Care Task Force and our Committee to meet with the Child Care Subcommittee so that
we can advise the Subcommittee of the things we are doing in the area of child care and hopefully plan a unified
approach to addressing some of these issues.
Staff from the Social Service Department summarized the responses they have obtained to the questions we raised
last month regarding the GAIN child Care program. It appears that other counties are paying child care providers
directly and that there are ways to make such payments directly to licensed child care providers without becoming
liable as the"employer"of the child care provider. It is generally admitted that there is more of a liability exposure
for the County with"exempt"providers. Our Committee very much wants to be able to have licensed child care
providers paid directly if that is what is desired by the provider. We are therefore recommending that County
Counsel, working in conjunction with the Social Services Department,research this matter, including the concept
of a voucher program,and report back to our Committee on ways in which direct payments can be made to licensed
child care providers without the County incurring the liability as the "employer" of such provider.
We are also concerned about the fact that the Social Services Department does not require "exempt" child care
providers to register with the State Department of Justice pursuant to the Phillips/Reeves In-Home Child Protection
Act of 1987,as amended by Chapter 1540,Statutes of 1988. We are therefore recommending that the Social Services
Director explore the possibility of imposing such a requirement as a condition of the County's making child care
payments to or on behalf of such providers.
We will consider these issues again on June 12, 1989 and will then report back to the Board of Supervisors.
P.
OFFICE OF THE COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
651 Pine Street, 11th Floor
Martinez, California
DATE: May 1, 1989
TO: Supervisor Tom Powers
Supervisor Sunne W. MCPcak
INTERNAL OPERATIONS COMMITTEE
t9l
FROM: Claude L. Van MartntCounty Administrator
SUBJECT: AGENDA FOR MEETING WITH CHILD CARE TASK FORCE- May 8, 1989
Your Committee made a number of recommendations to the Board of Supervisors on April 18,1989 which the Board
approved. Among the items you may wish to discuss at your meeting with the Child Care Task Force on May 8,1989
are the following:
1. Status report from County Administrator's Office on child care legislation dealing with income tax credits and
exemptions for child care.
2. Report from those present at the April 19, 1989 hearing on AB 1853 (Speier), the Child Care Partnership and
amendments made to AB 1853 since the hearing. In this regard,the Child Care Council was asked to write to each
city in the County urging the City Council to support AB 1853. You may wish to ask whether those letters have
been sent
3. Report from the Social Services Director regarding his review with other urban counties which pay GAIN child
care providers directly on how they were able to do so without incurring the"employer"liability pointed out by
County Counsel.
4. Report from Social Services Director and County Counsel regarding whether the"employer"liability would be
eliminated if the County were to certify eligible individuals by means of a voucher to an agency like the Child
Care Council who would,in turn,be responsible for insuring the provision of child care to these individuals.
5. Report from the Child Care Council on their discussions with the Child Care Law Centerregardingthe"employer"
liability issue and ways in which they think such liability can be legally avoided.
6. Report from the Social Services Director on continued contracting with the Community Services Department for
child care services and the possibility for involvement by the Child Care Council in this process.
T Status report from the Social Services Director (and possibly the Executive Director of the Private Industry
Council)on the status of arrangements to require all contracts for"exempt"child care to require that the provider
register with the Department of Justice pursuant to AB 3961 (Chapter 1540, Statutes of 1988).
CLVM:ch
childcre
cc: Jim Rydingsword, Social Services Director
Art Miner,Executive Director,Private Industry Council
Kate Ertz-Berger, Executive Director,Child Care Council
Vic Westman,County Counsel
Scott Tandy, Acting Director,Community Services Department ,
-" - OFFICE OF THE COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
651 Pine Street, 11th Floor
Martinez, California
DATE: May 3, 1989
TO: Supervisor Tom Powers
Supervisor Sunne W. McPeak
INTERNAL OPERATIONS COMMITTEE
FROM: Claude L. Van Mssistant County Administrator
SUBJECT: MISCELLANEOUS CHILD CARE,RELATED ITEMS:
Attached for your information and use at the Internal Operations Committee meeting
on May 8th are the following items of interest:
1. A copy of the April 17, 1989 version of AB 1853 (Speier), the Child Care
Partnership bill.
2. A letter from Congressman George Miller regarding the introduction of HR 770,
the Family and Medical Leave Act.
3. A summary prepared by the National Association for the Education of Young
Children on the four major House and Senate versions of legislation dealing with
child care which are being considered in the 101st Congress.
CLVM:ch
childcre
AMENDED IN ASSEMBLY APRIL 17, 1989
C CALIFORNIA LEGISLATURE-1989-90 REGULAR SESSION
ASSEMBLY BILL No. 1853
f Introduced by Assembly Member Speier
l
March 9, 1989
An act to add Chapter 12.6 (commencing with Section
25967) to Division 20 of the Health and Safety Code, relating
to child care.
LEGISLATIVE CO'UNSEL'S DIGEST
AB 1853, as amended, Speier. Child care: partnership for
child care.
Existing law provides for the licensure and regulation of
child day care facilities.
This bill would create the California Child Care Partnership
Council, as specified. It would impose a number of duties on
the council, including the preparation of a needs report of
child cafe needs to be submitted to the Governor and
Legislature, the preparation of the California Partnership for
Child Care Action Plan to be submitted to the Governor and
Legislature, a-Rd biannual preparations of updates of. the
needs report and action plan, and biennial evaluations of the
California Child Care Partnership Act:
This bill also would authorize the board of supervisors of a
county to declare its intent to prepare and submit a
�. community child care plan to the council €er its eerti fie .`:,,..,
b-yz ffft ttnspeei€ied date by April 1, 1990, and would authorize
a city or consortium of cities within a county to declare its
intent to prepare and submit a community child care plan to
the council €ef its eer-t C..,4ie withift ftn anspeei ied 4ffte
per-ied by June 30, 1990, if the board of supervisors of its
county does not declare its intent to prepare and submit a
98 30
AB 1853 — 2 —
community
2 —community child care plan to the council. The bill also would
provide for a declaration of intent to prepare and submit a
community child care plan to the council after 1990 if no local
government agency within a county declares its intent in
1990, as specified. The loll weuld reejuit:e toe eeeneil to adept
guidelines €er the adeptien 4 fteai�nffiuftity elm ear-e plan b-y
tt eaunty, e4r; et iffi e€ eines. The bill would
authorize a county, a city, or a consortium of cities to submit
its community child care plan to the council within one year
afteritproperly declared its intent. The bill would require the
council to certify a community child care plan if specified
requirements are satisfied.
This bill'furthermore would create the California Child
Care .Partnership Fund. It would require the fund 'to be
administered by the council. It would require the fund to
contribute $1 dollar for each dollar contributed to a
community child care fund by contributors from the public
and private sectors of the local community, .unless otherwise
specified and to be used as specified. It would also authorize
the council, for no more than 5 consecutive fiscal years, to
contribute another dollar for each dollar contributed to the
community child care fund by contributors from the public
and private sectors of the local community and would require
the moneys to be used for other specified purposes. The bill
would require the council to adopt guidelines for the
establishment of community child care funds which are
eligible for matching funds, and would provide that .a .
community child care fund shall be eligible' for matching
funds if it satisfies specified requirements.
The bill would contain in a statement of legislative intent
regarding the funding of the California Child Care
Partnership Fund. The bill also would contain specified
findings by the Legislature regarding the above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
98 TO
i
ff — 3 — AB 1853
ould 1. The people of the State of California do enact as follows:
lit a
tical 1 SECTION 1. The Legislature finds and declares all of
it ill 2 the following:
3 (a) The availability of affordable, quality child care is
rk b 4 vital to the future econornic viability of the State of
Duld 5 California and the well-being of its families.
emit 6 (b) The number of children living in families where
vear 7 both parents work outside the home, or living in families
the 8 with a single parent who works outside the home, has
Bed 9 increased dramatically over the last decade.
10 (c) The availability of affordable, quality-child care is
hild 11 critical to the -self-sufficiency and independence- of
be 12 millions of California families, including the growing
j to 13 number of mothers with young children who must work
o a 14 outside the home because of economic necessity.
.blit 15 (d) High quality child care programs can strengthen
wise 16 our society by providing young children with the
rize 17 foundation on which to learn the basic skills necessary to
to 18 become productive workers.
the 19 (e) The lack of available, affordable, quality child care
blit 20 services results in 'many preschool and school-age
lire 21 children being left without adequate supervision for
bill 22 significant parts of the day.
the 23 (f) It is in the best interest of California and its
are 24 families to foster a coordinated, comprehensive child
t .a 25 care system which maximizes parental responsibility and
ling 26 parental choice.
27 {e}
ent 28 (g) Child care needs statewide are diverse and
;are 29 complex; no single approach fits all communities.
died 30 Existing resources are also diverse and vary in their
31 availability from community to community. The State of
yes. . 32 California's effort to meet child care needs must
33 recognize community differences, allow for a pluralistic
34 system, and encourage local innovation and initiative.
35 -(-d-}
36 (h) The most effective and efficient leadership role
37 for the State of California is to foster a comprehensive
38 child care system which complements existing resources
;u
98 100
AB 1853 — 4 —
I
4 -1 and encourages further public and private collaboration /
2 and investment in child care at the local level.
3 {e}
4 '(i) Meeting the child care needs is a societal problem
5 which impacts many sectors of the state and its
6 communities. Therefore, it is essential to involve as
7 partners in the child care system those elements of the
8 community which impact the need for child care and
9 which have the opportunity to address the need.
10 SEC. 2. Section 12.6 (commencing with Section
11 25967) is added to Division 20 of the Health and Safety
12 Code, to read:
13
14 CHAPTER 12.6. PARTNERSHIP FOR CHILD CARE
15
16 25967. For purposes of this chapter, the following
17 definitions shall apply:
18 (a) "Council" means the California Child Care
19 Partnership Council.
20 (b) "Action plan" means the California Partnership
21 for Child Care Action Plan.
22 (c) "Fund" means the California Child Care
23 Partnership Fund:
24 25967.5. (a) There is hereby created in state
25 government the California Child Care Partnership
26 Getrxeih The eettttei}sha4 esesist e€N mss;as Vis-
27 -(-1-} e mens shall be the
28 +2� Twe ffiefftbers eha4 be appeiftted by the Speaker-
29
peaker29 of the Assembly.
30 +3+ T-we ffieffibers sha}l be appeiftted by the. Seeate
31 Rules Ge ffi ...:..tee. Council. The council shall consist of 19
32 persons, as follows:
33 (1) Six members shall be appointed by the Governor.
34 (2) Six members shall be appointed by the Speaker of
35 the Assembly.
36 (3) Six members shall be appointed by the Senate
37 Committee on Rules.
38 (4) The Superintendent of Public Instruction or his or
39 her designee shall be an ex officio voting member. j
40 (b) The council shall include members representative I(
98 150
— 5 — AB 1853
ation 1 of all the following interests: organized labor, employers,
2 schools, child care providers, local government officials,
3 child development experts, and current consumers of
blem 4 child care.
d its 5 (c) The duties and responsibilities of the council shall
.re as 6 include the following:
if the 7 (1) Preparation of a needs report which analyzes the
and 8 child care needs in California for the years 1990 to 2000
9 and submission of the report to the Governor and
ction 10 Legislature by-L-LJ—L-. Legislature by February 1, MI.
afety 11 This report shall incorporate and shall be based upon the
12 annual needs assessment prepared by the California
13 Resource and Referral Network for the GAIN program
IE 14 established pursuant to Article 3.2 (commencing with
15 Section 11320) of Part 3 of Division 9 of the Welfare and
wing 16 Institutions Code, and shall integrate child care data
17 prepared by all state agencies.
Care 18. (2) Preparation of a California Partnership for Child
19 Care Action Plan which addresses the child care needs in
rship ; 20 California for the years 1990 to 2000 by the development
21 of a comprehensive child care system which maximizes.
Care 22 parental responsibility and parental choice and
23 submission of the report to the Governor and Legislature
state 24 by / / / / February 1, 1992. The action plan shall detail
rship ;. 25 how to mobilize public and private resources to meet the
26 child care needs and describe how best to complement
27 existing local resources.
def 28 (3) Preparations of biannual updates of the needs
29 report and action plan and submission of the updates to
nate 30 the Governor and Legislature no later than February 1 of
Of 19 31 the first year of each legislative session. The biannual
32 updates for the needs report shall incorporate and
nor. 33 integrate child care data prepared and released by all
er of 34 state agencies and programs.
35 (4) Recommend legislation to the Governor and
nate 36 Legislature to implement the action plan.
37 (5) Adopt guidelines for the certification of
.is or 38 community child care plans and the establishment of
39 community ' child care funds which are eligible for
itive !! 40 matching funds pursuant to this chapter. Guidelines
�. 1.
S iso 98 190
A B 1853 — 6 —
I
6 -1 applicable to community child care plans which will be
2 submitted in 1991 shall be adopted no later than June 30,
3 1990.
4 (6) Certify community child care plans consistent
5 with guidelines adopted by it within 90 days from the
6 date of submission.
7 (7) Administer the California Child Care Partnership
8 Fund.
9 (8) Submit annually by December 1, beginning in
14 1990, to the Governor a Proposed Annual Appropriation
. 11 Request and Allocations Plan for the fund.
12 (9) Evaluate the effectiveness of this chapter, the
13 action plan, and the impact of the implementation of the
14 community child care plans in meeting the state's child
15 care needs and submit biennial evaluations of these areas
16 to the Governor and Legislature no later than February
17 1 of the first year of each legislative session beginning M-
18 1993. This biennial evaluation report may be combined
19 with the biannual updates of the needsrep ort and action
20 plan required in paragraph (3).
21 25968. {a+ The bear of e€ a eetdt ffifty.
. `
22 subffiA a eek ehj44 earre plats to the eetineil fer As
23 boy -L-LJ—L-. If the hear-d of tft s
24 eattftty gees fiat subffii a eevaffittnity ehild ear-e platt.te
25 the eetrzteib ft eity or eaaset4itiffi e€ eines within that
26 eaunty ffifty sttbffii a eeffiffienity ehlld ease plaft to the ` 4
27 eattaeil for its eer-tifteatieft withi 90 4ayLs 4 Z Z / I
28 +b� The eetittell shall wept gaidel4xes lEw the etde
29 of a eater ehild eare ply by a eeunty; eit�L; of
30 eattser-tittffi of eities.
31 {e}
32 25968. (a) The board of supervisors of a county may
33 declare its intent by April 1, 1990, in a form and manner
34 prescribed by the council, to prepare and submit a l
35 community child care plan to the council. If the board of
36 supervisors in a county does not declare its intent, by
37 April 1, 1990, to prepare and submit a community child
38 care plan to the council, a city or consortium of cities
39 within that county may declare its intent bi7June 30, 1990,
40 to prepare and submit community child care plan to the
98 220
f
— 7 — AB 1853
'll be 1 council.
e 30, 2 Yno local government agency within a county declares
3 its intent to prepare and submit a communit-v child care
;tent 4 plan in 1990, then, in each subsequent calendar ,•ear, that
the 5 county may declare its intent by April 1, or, if the county
6 does not so act, then a city or consortium of cities may
-ship 7 declare its intent by June 30.
{ 8 (b) A local jurisdiction preparing a community child
g in 9 care plan for submission to the council shall establish a
:tion 10 local planning body to assist and advise in the preparation
11 of the plan. The local planning body shall include
the 12 participation and representation by parents who are
fthe 13 consumers of child ca_-e, cities within the county,
child 14 employers, organized labor, schools, the local
Teas 15 state-funded resource and referral.agency, child care
nary 16 providers, child development specialists, churches which
ig in 17 sponsor child care services, and community organizations
fined 18 which sponsor child care services. A local jurisdiction may
'tion ' 19 determine the size and full composition of the local
20 planning body or,may designate an existing committee or
�! 21 organization to fulfill that responsiblity,provided that the
W its 22 established or designated local planning body includes
ift a 23 the participation and representation required by this
ft 1e 24 subdivision.
25 (c) A county, a city, or a consortium of cities may
the
26 submit .its community child care plan to the council
27 within one year from the date it properly declared its
28 intent to submit a plan. _
of 29 (d) A community child care plan shall be certified by
30 the council if it satisfies all of the following requirements:
31 (1) It describes and analyzes the present and future
!nay 32 child care needs within that county, city, or consortium
Ener 33 of cities through the year 2000.
it a 34 (2) It contains a plan to meet the child care needs of
d of 35 its county, city, or consortium of cities and develop a
by 36 comprehensive child care system in its count\,, city, or
hild 37 consortium of cities by mobilizing public and private
Wes 38 resources and complementing existing resources.
990 39 (3) It provides for a biannual update of the child care
the 40 plan consistent with a schedule established b\, the
220 9S 250
i
AB 1853 — 8 —
I
8 --1 council.
2 (4) It fosters a child care system which maximizes
3 parental responsibility and parental choice.
4 '(5) It sets forth-the establishment and administration
5 of a community child care fund. There may be more than
6 one community child care fund established in a county if
7 it is authorized in the community child care plan. The
8 local planning body and local jurisdiction submitting the
9 community child care plan to the council shall give first
10 consideration to the state-funded local child care
11 resource and referral agency for administration of the
12 community child care fund. If another agency is
13 designated in the community child care plan _ to
14 administer the community child care fund, the reasons
15 and explanation for this decision shall be discussed in the
16 plan.
17 (6) It includes all of the following components:
18 (A) The identification of priorities for expansion of
19, child care services taking into consideration the age of
20 children, income levels offamilies, and types of child care
21 programs.
22 (B) A description of the strategies and mechanisms for
23 assisting and upgrading the quality of child care.
24 (C) An explanation of how county and city land use
25 policies.will be used to promote and foster the availability
26 of child care services.
27 (D) A description of the roles and responsibilities ofall
28 relevant public and private. agencies in meeting local
29 child care needs.
30 (E) An identification of current and prospective local
31 sources and amounts of money to be contributed to the
32 community child care fund.
33 (7) It identifies the roles of the existing state-funded
34 local child care resource and referral agency in the l
35 implementation of the plan.
36 (8) It describes the relationships of the local GAIN
37 program established pursuant to Article 3.2
38 (commencing with Section 11320) of Part 3 of Division 9
39 of the Welfare and Institutions Code and JOBS program
40 established pursuant to Title II (commencing with
98 270
- 9 — AB 1853
1 Section 201) of the. Far-nil-v Act of 1988 (P.L.
2 100-485) to the plan, and, where applicable, it describes
3 the coordination with the California Child Care Initiative
4 Project established by Section 8215 of the Education
5 Code.
6
7 (9) It is consistent with all guidelines adopted by the
8 council pursuant to subdivisisii {b} paragraph (5) of
9 subdivision (c) of Section 25967.5.
10 (e) The entity designated in the community child care
11 plan to administer the community child care fund shall
12 submit to the council, in a manner and on a schedule
13 prescribed by the coun•.il, an annual estimate of the
14 amount of funds to be deposited in the community child
15 care fund.
16 25968.5. (a) The California Child Care Partnership
17 Fund is hereby created. The fund shall be administered
18 by the council and shall be used to make contributions to
19 community child care funds. The fund shall contribute
20 one dollar ($1) for each dollar contributed to a
21 community child care fund by contributors from the
22 public and private sectors of the local community, unless
23 otherwise specified in this chapter. The one dollar ($1)
24`:�.;contribution from the fund shall only be used for the
25 'purpose of providing financial assistance to parents who
26 cannot meet some or all of the financial obligations of
27 their child care needs. The council shall determine
28 whether a community child care fund is eligible for-
29 matching funds and the appropriate matching allocation
30 of those funds to a community child care fund. The
31 council shall determine the allocation from the fund to be
32 made to community child care funds no later than August
33 1 of each fiscal year, and the allocations shall be made
( 34 from the fund to community child care funds no later
35 than September 1 of each year.
36 (b) The council shall adopt guidelines for the
37 establishment of a community child care fund which is
38 eligible for matching funds pursuant to this chapter.
39 (c) A community child care fund shall be eligible for
40 matching funds from the California Child Care
98 430
AB 1853 — 10 —
I
10 -1 Partnership Fund if it satisfies all of the following
2 requirements: .
3 ; (1) It is established and governed pursuant to a
4 community child care plan that has been certified by the
5 council.
6 (2) It is established principally for the purpose of
7 providing financial assistance to parents who cannot
8 meet some.or all of the financial obligations of their child
9 care needs.
10 (3) The criteria for eligibility for assistance from the
11 community child care fund is consistent with guidelines
12 , established by the council.
13 (4) The governing body of the community child care
. 14 fund has adopted a policy of nondiscrimination and has
15 implemented a public information and outreach
16 program for all segments of the community served by the
` 17 community child care fund.
18 (5) It uses no more than 10 percent of its funds for
19 administrative purposes. It uses no more than an
20 additional 10 percent of its funds for information and
21 counseling services required by the increased number of
22 parents receiving assistance from the community child
23 care fund.
24 (6) It meets all other requirements established by the
25 council by guidelines adopted pursuant to subdivision
26 (b).
27 (d) In addition to the contribution made pursuant to
28 subdivision. (a) the council may contribute, for no more
29 than five consecutive fiscal years, another one dollar ($I)
30 from the fund for each dollar contributed to the
31 community child care fund by contributors from the
32 public and private sectors of the local community.
33 Contributions made pursuant to this subidivision shall
34 only be used to implement aspects of the community
35 child care plan other than providing financial assistance
36 to parents.
37 SEG. 3- It is the Ment 4 tke T z to previde
38 €fig ffw the Ga4i€erttia Child Cafe Pftft e -ship Fund
39 � a-n apprepriatie to thft fttftd ale ift the Budget 7ret
40 feT- the +n 941QW fiseftl ��
98 490
1
i
— — AB 1853
1 SEC. 3. It is the intent of the Legislature to provide
2 funding for the California Child Care Partnership Fund
3 by an appropriation to that fund made in the Budget Act
4 for the 1991-92 fiscal year.
i
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98 490
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CHILDREN,YOUTH,AND FAMILIES Mobington, MC 20515 (4 15)222-4212
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS �J 11• ANTIOCH CITY HALL
CHAIRMAN,SUBCOMMITTEE ON WATER,POWER March 27, 1989 P.O.Box 130
&OFFSHORE ENERGY RESOURCES ANTIOCH.CA 94509
COMMITTEE ON EDUCATION AND LABOR (415)778-3777
MAJORITY WHIP AT-LARGE TTY(202)225-1904
Mr. Claude L. Van Marter
4426 Winterberry Court
Concord, California 94521
Dear Mr. Van Marter:
One of the most significant changes in our society over the past thirty years
has been the increasing participation of women in the workforce. Today almost
502 of women with children under one year of age are working and Lite prrCeatage
is continuing to grow. Half of all children in two-parent families have both
parents in the workforce.
Despite this revolution in the structure of the family, the United States, alone
among industrialized societies, has no national policy regarding parental and
medical leave. Most employers have failed to adapt their leave policies to
the needs of workers. Too many workers are forced to make impossible choices
between the need to provide necessary physical and emotional care for new
children and the need to maintain gainful employment.
I am pleased to sponsor H.R.' 770, the Family and Medical Leave Act which would
assure most employees unpaid, job protected leave to care for newborns,
seriously ill children or parents. This legislation also provides job protected
leave for personal illness or disability.
Families and society are paying a very high price for the lack of a national
family and medical leave policy. Most working parents do not have the right to
return to their jobs after caring for a newborn. A significant number of family
members are often forced to quit their jobs to cope with a personal illness or _
disability or care for a sick child or elder dependent. It is estimated that
families without job protected parental leave lost $607 million annually in
foregone earrings while family members who leave their jobs due to family
illness lose earnings totaling $105 billion annually.
Working families with newborns, or chronically ill dependents, or who are
disabled themselves, should not be forced to shoulder these responsibilities
alone. The Family and Medical Leave Act would ensure that better options are
available for working parents seeking to balance their family responsibilities.
Congress is expected to vote on the Family and Medical Leave Act late this
spring and you can be assured that I will vigorously support it.
Sincerely,
GEORGE MILLER
Member of Congress, 7th District
public affairs division
I
naoyc
i
A Comparison of Early Childhood/Child Care Bills
Introduced in the 101st Congress
prepared by Barbara Willer
I
Index
1
i
Chief co-sponsors ........................................................................................................................................ I
1 Committee ......... ......... ............................ ...................................................................................... I
Funding breakdowns .:...::...................... ......... I
............................................................................................
State match..............I....
. .................................................................................................................... ............ 1.
Agesserved .................................................................................................................................................. 1
Targetingto low income......................... ............................................................................................... 2
Eligible providers
Staff Development
Qualifications................................................. . ....... ...... .............................................................. 2
Inservice.......................:....:.................................... ..................................................... 3
Staff salaries/compensation. .......................... ..................................................................................... 3
Resource 6c Referral(R&R)...............:.........I........................ ....... 3
Standards :.:....:........:.
Licensing enforcement ....................................................................................... 4
Financial assistance for facility improvements .......................................................................................... 4
Parentinvolvment......................................................................................................................................... 4
Comprehensiveservices .............................................................................................................................. 4
Familyday care ............................................................................................................................................. 4
Reimbursement rates..................................... ............................... 5
Slidingfee mandated?. ......................................................................................................................... 5
Direct payment to parent users? ................................................................................................................ 5
Publicschool involvement .......................................................................................................................... 5
Employer-assisted child care ...................................................................................................................... 5
Broad-based advisory group ...................................................................................................................... 6
Liability/insurance ...................................................................................................................................... 6
Consumer education ........................................................................................I................... 6
. ........................
Taxcode implications ..........:....................................................................................................................... 6
Federalagency...................:.......................................................................................................................... 6
Federalrole changes .................................................................................................................................... 6
JANUARY 31, 1989
Penn ission to reproduce this document
is freely granted;please acknowledge
source and notify author of use.
i
National Association for the Education of Young Children
1834 Connecticut Avenue, N.W.,Washington, DC 20009 202-232-8777
.1/31/89
Act for Better Child Care Act for Better Child Care Child Development& Smart Start
(House) (Senate) Education Act
H.R. 30 S. 5 H.R. 3 S. 123 / H.R. 1234
Chief co-sponsors Chief co-sponsors Chief co-sponsor Chief co-sponsors
Dale Kildee (D-MI); Olym Chris Dodd (D-CT); Orrin Gus Hawkins(D-CA) Senate:Ted Kennedy(D-MA)
pia Snowe(R-ME) . Hatch(R-UT);Ted Kennedy House:Dale Kildee(D-Ml)
(D-MA);Barbara Mikulski(D-
MD)
Committee Committee Committee Committee
Education &Labor Labor & Human Resources; Education& Labor S: Labor&Human Resources
Child&Family subct H:Education& Labor
Funding Funding Funding Funding
$2S billion in FY90;such sums same as House version plus $2.5 billion forFY90 and such $500 million in FY90; $750
as necessary FY91-94 $100 million in FY90 for risk sums necessary in FY 91-94 if million in FY91;$1 billion in
retention pool Head Start FY90 appropria- each of FY92-94
tion meets or exceeds its FY90
authorization
Funding breakdowns Funding breakdowns Funding breakdowns Funding breakdowns
75% reserved to make child Of$2.5 billion,70%reserved Funding split 1/.3 to each. 75%for formula grants in state
care more affordable for low to make child care more of Title I—Expanded Head Start; to expand and upgradechild
and moderate income fan-d- fordable for low and moder- Title II--School-based Child development programs;25%
lies, of which 10% reserved ate income families,of which Care & Development; Title of state funds for: admini-
to expand public funded part- 10%reserved to expand public III—Infant and Toddler Child. stration (5%,.of which 20%
day programs to full-year,full funded part-day programs to Care.Title I split so no more reserved for state advisory
work-day; 15% .to improve full-year,full work-day.10% than 50%of$$may be used task force), grants to rural
quality and availability of all to improve quality by estab- to expand Head Start serv- areas.. (5%), discretionary
child care;3% must be used lishing R&R's; improving li- ices on a sliding fee scale. grants(10%),and training and
to encourage business in- censing/regulatory monitor Title II sets 5%limit each on technical assistance programs
volvernent in the provision ing & enforcement; provid- admin $$ and training and (M.
of child care; 7% for state ing training & technical technical asst.Title 1IId2%re-
administration. asstnce; and ensuring ade- served off top for 2 emplyr-
quate salaries. 12% reserved asst. child care grant pro-
for expanding availability, grams; state share: 75% to
including encouraging busi- subsidize infant and toddler
ness involvement. 8% state child care costs;15% to build
administration. child care infrastructure;5%
admin; 3% to encourage
employer-assisted child care.
State match State match State match State match
20%; reduced to 15% once same as House version Title I; same as Head Start 30% in 1st yr;40% in 2nd yr;
natl. standards are met by (20% local match); Title II: 50% in 3rd, 4th, & 5th yrs.
state licensing for programs same as Chapter I(none);Title Localities (state not partici-
receiving public funds. III:20%state,15%when natl pating): 20%/25%/30% for
standards met by state licens- 1st,2nd,3rd-5th yrs.
ing for programs receiving
public funds.
Ages served Ages served Ages served Ages served
12 and under 15 and under Title 1:Same as Head Start(5 Primarily 4's;programs serv-
and under);Title 11:4 yrs and ing 3-to 5-yr-olds eligible.
over;Title III:under 3 yrs.
Note:Smart Start is included in this matrix,although it is a -
cornplernent,not an alternative,to a comprehensive child care bill.
1/31/89
Act for Better Child Care Act for Better Child Care Child Development& Smart Start
(House) (Senate) Education Act
H.R. 30 S. 5 H.R. 3 S.123/H.R.1234
Targeting to low income Targeting to low Income Targeting to low income Targeting to low income
75% of state$$ reserved for 70% of state$$ reserved for Title 1:No more than 50%of 50% of program spaces re-
children with family income children with family income $$ may be used to provide served for children where
up to 115% of state median up to 100% of state median Head Start services to chil- annual family income less
income,with priority to low- income,with priority to low- dren of parents employed or than 115% of poverty level,
est income families. est income families. in training who are not ell- and 67% of funds reserved
gible for Head Start and whose for programs serving this
incomes are above poverty population.
level but less than 150% of
lower living standard income
level
TitleII:UppereUgibilitylimit
150% of lower living stan-
dard income level.Titles I&
11.exclude children of par-
ents seeking employment.
Title III:Upper eligibility limit
150% of lower-living stan-
dard income level; 75% of
state$$reserved to make chill
care more affordable for
families with. infants• and
toddlers,with priority to very
low income families.
Eligible providers Eligible providers Eligible providers Eligible providers
Any licensed or regulated Any licensed or regulated Title I:Head Start reqs apply Public or nonsectarian non-
child care including family child care including family Title li: public schools, can profit early childhood pro-
day care; public schools. day care; public schools. contract to public entities. grams, including local edu-
Grand parents eligible for re- Grandparents, aunts, and .Title IM-Any licensed or regu- cational agency,Head Start,
imbursement,subject to regu- uncles eligible for reimburse- lated child care including faro. or community-based organi-
lation at state discretion. ment and regulated at state ily day care; grandparents zations.
discretion. regulated at state discretion.
Staff Development Staff Development Staff Development Staff Development
Qualifications Qualfications Qualifications Qualifications
Qualfications. and back- Same as House version Title l:Head Start regs apply At least one staff,member
ground requirements for cen- Title 11: At least.one staff supervising each' group of
ter staff set by natl.advisory member supervising each children shall have training
committee on minimum child group of children shall have and experience in early child-
care standards. training and experience in hood education/develop-
early childhood education/ ment(ECE/ECD)and state
development (ECE/ECD) certification in ECE or if no
and statecertification in ECE state certification, natl cre-
or if no state certification,nad dentia) in ECE/ECD or sig-
credential in ECE/ECD or nificant postsecondary EC
significant postsecondary EC coursework. Others must
coursework- Others must have 40 hrs preservice train-
have 2 days preservice train- ing.
ing.
Title III:Same as ABC
-2-
1%31/x.
Act for Better Child Care Act for Better Child Care Child Development& Smart Start
(House) (Senate) Education Act
H.R. 30 S. 5 H.R. 3 S. 123 / H.R. 1234
Inservice Inservice Inservice Inservice
15 hrs annual inservice for all 40 hrs over 2 yrs inservice for Title I:Head Start regs apply 24 hrs annually for all staff;if
licensed and regulated pro- all licensed and regulated pro- Title I1:15 his annually forall practicable, on-site curricu-
viders; content to include viders; content to include staff; if practicable, on-site lum specialist to coordinate
appropriate services provi-. appropriate services provi- curriculum specialist to co- training;staff encouraged to
sion,for special needs chil- sion for special needs chil- ordinate training;staff encour- seek credentials;development
dren; planning learning ac- dren;health;safety;nutrition, aged to seek credentials,pain- of and training in develop-
tivities; guidance and disci- first aid; and prevention of ing for teachers in grades 1-3 mentally appropriate cur:ric-
pline,links with community child abuse. State must dis- in child development and for ula that is culturally sensi-
services;family communica- seminate training resources; personnel in programs funded tive, avoids racial and gen-
tion; prevention of child scholarships for required by Title It in early childhood der stereotyping,and is sen-
abuse. State must dissemi- training and forCDA.Train- development allowable use sitive to those with English
nate training resources;schol- ing allowable use of funds. of$$.Title III:same as ABC as 2nd language allowable use
arships for required training but appears to apply only to of$$.
and for CDA. Training al- programs under title.
towable use of funds.
Staff salaries/compensation Staff salaries/compensation Staff salaries/compensation Staff salaries/compensation
States can use quality uir Same provisions as House Title I:No provisions Upgrading EC staff salary
provement$$to ensure ade- except potential authorized Title II:No provisions scales reflective of varying
quate compensation for staff $$is less(part of 1095 vs.-15% Title III: Funds for strength- experience, training, and
in funded programs; state of state share). ening infrastructure(15% of expertise allowable use of$$.
plan must include process to 1/3 allotted to Title Ill)may
encourage adequate compere- be used to encourage increas-
sation in funded,and as pos-
ing salaries in funded pro-
Bible,other programs.States grams and to the extent prac-
must encourage compensated ticable in other programs.
time for required training;
federal clearinghouse must
include salary studies.
Resource&referral(R&R) Resource&referral(R&R) Resource&referral(R&R) Resource&referral(R&R)
Nati. advisory committee to Same as House version, al- R&R:Title I:No provisions Local policy group must
develop model R&R regs. R though list of necessary quali- Title II:No provisions consult, as necessary, with
cit R's receive $$ to identify fications to be an R&R short- TitleW:Sameas House ABC local R&R agencies.
existing services,provide info ened and amount of infor-
& referral, info on training mation-to be provided de-
and technical assistance to creased.
existing and potential-pro-
viders, and provide supply
&demand data.
Standards Standards Standards Standards
Standards must be met by Standards must be met by Title I:Head Start reps apply For funded programs: 1:10
providers who are licensed providers who are licensed to expanded Head Start serv- teacher-child ratio;max group
or regulated by the state and or regulated by the state and ices; no provisions for chilh size of 20; developmentally
who receive public financial who receive public financial care services provided to appropriate curriculum;and
assistance. State must meet assistance. State must meet Head Start children. staff trained in ECE/CD;
nad standards within 5 years natistandardswithin 4years Title II:Applicable state stan- programs must run for full
of enactment in 5 areas for of enactment(plus up to 2 yr dards for health and safety work-day,full calendar year.
centers:group size,ratio,staff variance allowed)in 5 areas and program quality,includ- Programs must comply with
-3-
1131189
Act for Better Child Care Act for Better Child Care Child Development & Smart Start
(House) (Senate) Education Act
H.R. 30 S. 5 H.R. 3 S. 123 / H.R. 1234
qualif., parent involvement for centers:group size,ratio, ing adult-child ratios; pre- state or local law for licens-
& access; health &safety. -4 staff qualif., parent involve- service and inservice train- ing, health, environmental,
areas for FDC:total#of chil- ment&access;health&safety. ing required of all staff;and sanitation, building or fire
dren; max # of infants; car- 4 areas for FDC: total # of developmentally appropriate safety,and any federal or state
egiverage;health and safety. children; max # of infants; curriculum. child care standards appli-
Standards for school-age child caregiver age; health. and Title III: same as ABC; ap- cable to 4-yr-olds.
care must be developed if not safety. Standards for school- pears to apply only to pro-
in place. age child care must be devel- grams under title.
oped if not in place.
Licensing enforcement Licensing enforcement Licensing enforcement Licensing enforcement
Licensing staff must be trained Licensing staff must be pained Title I: no provisions Lead state agency must gr-
in child developint.,health& in health &safety, program Title II:no provisions range for on-site monitoring
safety,program management, management, :and relevant Title III:same as House ABC and inspection of programs
and relevant law enforcement. lawenforcement. Inspectors assisted under this Act for
Inspectors must be qualified must be qualified and respon- compliance with minimum
and responsibleonlyforchil- sible only for children's serv- quality standards.
dren's services. Minimum of ices. Minimum of 1 annual
1 annual unannounced visit unannounced visit required
required for centers and to for centers and to 20%of FDC.
20% of FDC..Sufficient staff Sufficient staff for timely,
for timely service. service.
Financial asst for facility im- Furancial asst.for facility im- Financial asst.for facility Inv- Financial asst.for facility Im-
provements provements provements provements
State loan/grant program to Same as House phis revolv- Title I:no provisions Minor renovation allowable
help providers meet stan- ing loan fund for FDC pro- Title II: $$ may be used to use of$$.
dards. Loan/grant program viders to become regulated. construct or renovate facili-
to help nonprofit centers and 10%of state share for expand- ties.
FDC make necessary reno- ing availability of child care Title III:Same as Horse ABC
vations. services.
Parent involvement Parent involvement Parent involvement Parent involvement
Required Required Required in each Title Extensive provisions required
Comprehensive services Comprehensive services Comprehensive services Comprehensive services
Priority given to programs Priority given to programs Title 1: Yes; Head Start regs Nutrition, health, & handi-
offering family support serv- offering family supportserv- apply cap screenin&family support
ices. ices. Title II: Health and social services,parenting education,
services to be provided as and referral to health,mental
practicable;coordination and health, and social services
referrals for eligible services required.
required.
Title III:same as ABC
Family day care(FDC) Family day care(FDC) Family day care(FDC) Family day care(FDC)
Eligible for $$ and training; Same as House version plus Title 1.no provisions No provisions
FDC recruitment, technical expanded revolving loan fund Title Il: no provisions:
assistance,and support(sub- for FDC providers for im- Title III:same as House ABC
stitute program,resource cen- provements needed to be-
ters,small grants);standards come regulated.
for FDC receiving public$$.
-4-
1/89
Act for Better Child Care Act for Better Child Care Child Development & Smart Start
(House) (Senate) Education Act
H,R. 30 S. 5 H.R. 3 S. 123 / H.R. 1234
Reimbursement rates Reimbursement rates Reimbursement rates Reimbursement rates
Local market rate required; Services reimbursed at same Title I:Not applicable No specifications
higher rates for infants,spe- rate charged by provider for Title II: Not applicable
cial services for children of comparable services to chil- Title III:Same as House ABC
teen parents and special needs dren of comparable ages and
children. special needs not eligible for
state or federal child care
assistance.
Sliding fee mandated? Sliding fee mandated? Sliding fee mandated? Sliding fee scale mandated?
Yes Yes Title 1:Yes Yes
Title II:Yes
Title III:Yes
Direct payment to parent Direct payment to parent Direct payment to parent Direct payment to parent
user? user? user? user?
Allows"child care certificate Same as House version Not allowed Not allowed
when R&R provided.
School-age child care School-age child care School-age child care School-age child care
Regs must be developed if Same as House version Title 1: No provisions No provisions
not addressed in state licens- Title II:School programs can
ing code;school-age child care provide or contract with other
eligible for funding. public entities.
Title III:No provisions
Public school involvement Public school involvement Public school involvement Public school Involvement
Eligible service provider. 10% Same as House version Title I: Eligible service pro- Eligible service provider.
affordability funds set aside vider 'Grantees must coordinate
to expand existing publicly Title II: Funding limited to with local public schools to
funded part-day programs public schools, can contract share resources and aid child's
(Head Start; Chapter I pre- to other local public entities transition to kindergarten.
school, state and local pre- Title III:Eligible service pro-
-
kindergarten programs) to vider
full-day, full-year. .
Employerassisted child care Employer-assisted child care Employer-assisted child care Employer-assisted child care
3% of state funds must be Business reps included on nad Title I:No provisions No provisions
used to encourage business and state advisory commit- Title II:No provisions
involvement in the provision tees. Encouraging employer- Title III:1%reserved for grants
of child care assisted child care allowable to eligible child care programs
use of availability$$. with commitment frombusi-
ness to triple grant and will
provide Title III services. 1%
$$ for competitive grants
jointly to businesses and eli-
gible child care providers to
establish innovative child care
programs.3% of state share
used to encourage employer
involvement through info
-5-
1/31/89
-
Act for Better Child Care Act for Better Child Care Child Development& Smart Start
(House) (Senate) Education Act
H.R. 30 S. 5 H.R. 3 S.123! H.R.1234
dissen-in,grants for innova-
tive projects,encourage R&R
participation,and assist other
businesses to offer services.
Broad-based advisory group Broad-based advisory group Broad-based advisory group Broad-based advisory group
State interagency advisory State interagency advisory Title 1:Head Start reqs apply State advisory task force and
committee and state mini- committee and state livens- Title ll:State interagency task local policy group required;
mum licensing standards ing advisory committee and force on child care required. each with broad representa-
advisory corrunittee; local local advisory council; in- Title III:State advisory com- tion.
advisory council. eludes business reps. mittee on child care standards
and local policy council.
Liability insurance Liability/insurance Liability/insurance Liability/insurance
No specific provisions Authorizes $100 million to No provisions No provisions
set up childcare liability risk
retention group.
Consumer education Consumer education Consumer education Consumer education'
Required.Must provide par- Same as House version Titles I&II:No provisions Must provide paren' tsunlim-
ents unlimited access to pro- Title III:same as ABC ited access to observe pro-
grams or provider while child grams, access to all evalu-
in care and inform parents ations, involvement in cur-
and public of licensing re- ricula,and meetings with staff.
quirements and complaint
procedures. Centers and FDC
homes must post phone
numbers for making com-
plaints; state must maintain
substantiated complaint list
open to public.
Tax code implications Tax code implications Tax code Implications Tax code implications
None None None None -
Federal agency Federal agency Federal agency Federal agency
Health & Human Services Health&Human Services Title L•Health&Human Serv- Dept.of Education with Dept.
ices;Title II:Education;Title of Health&Human Services
III: Health & Human Serv- for policy decisions and regu-
ices lations;Dept.of Educ.alone
for administrative functions.
Federal role changes Federal role changes Federal role changes Federal role changes
Child care administrator Same as House, although Title I: none; Title II: none; Requires joint decisionmak-
created within HHS. Role to slightly different makeup of Title III:Same as ABC ing by Secretaries of Educa-
coordinate child care activi- natl advisory committee to tion and Health & Human
ties within HHS and similar include business, governor Services.
activities for other federal rep, and state insurance
agencies.Annual collection/ commissioner.
publication of state standards,
evaluation of performance of
funded programs, & clear-
-6
Act for Better Child Can Act for Better Child Care Child Development & Smart Start
(House) (Senate) Education Act
H.R. 30 S. 5 H.R. 3 S. 123 /H.R. 1234
inghouse of training resource
and salary studies required.
national advisory comnvttee
on child care licensing to
review federal policies with
respect to child care services;
to. develop proposed mini-
mum child care standards;
and to develop model require-
ments for R&R agencies.
Participation of for-profit Participation of for-profit Participation of for-profit Participation of for-profit
programs programs programs programs
Eligibleservice provider,full Eligibleserviceprovider,full Title L No provisions No provisions
participation except grants/ participation except grants/ Title II:No provisions
loans for start-up or renova- loans for start-up or renova- Title III: same as ABC, but
tion;eligible for grants/loans tion;eligible for grants/loans restricted to infant and tod-
to meet standards.R&R's and to meet standards.R&R's and dler care
training;providers must be training providers must be
nonprofit.. nonprofit.
. i
-7-
w OFFICE OF'rHE COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
651 Pine Street, 11th Floor
Martinez, California
DATE: May 2, 1989
TO: Supervisor Tom Powers
Supervisor Sunne W. McPeak
INTERNAL OPERATIONS COMMITTEE
FROM. Claude L. Van Mart siSt
4 - aut County Administrator
SUBJECT: STATUS REPORT ON LEGISLATION DEALING WITH TAX
CREDITS AND DEDUCTIONS FOR CHILD CARE EXPENSES
On April 18, 1989 the Board of Supervisors asked that we report to your Committee
on May 8, 1989 on the status of legislation dealing with tax credits and deductions for
child care expenses. Since our last report to your Committee we have identified one
additional bill which addresses this same subject.
AB 446 - Hansen
(As amended April 18, 1989)
Under the current Personal Income Tax and Bank and Corporation Tax laws a tax credit
is allowed in an amount equal to 50% of the cost, up to $600 for each contribution to
a full-time qualified care plan and $300 for each contribution to a part-time qualified
care plan. "Qualified care plan",undercurrent law,includes,but is not limited to,onsite
service, center-based service, in-home care or home-provider care, providing the
facility is located in California and is licensed if licensing is required by state law.
AB 446 adds to this definition of a "qualified care plan" a dependent care center.
"Dependent Care Center"is defined as a specialized facility with respect to short-tern
illnesses of an employee's dependents. AB 446 was amended on April 18, 1989 to add
a definition of "specialized facility", which means a facility which provides care to
mildly ill children and which may do all of the following: be staffed with pediatric
nurses and day care workers, admit children suffering from common childhood
ailments,make special arrangements for well children with minor problems associated
with diabetes, asthma, breaks or sprains, or who are recuperating from surgery, and
which may separate children according to their illness in order to protect them from
cross-infection.
!1
AB 446 passed the Assembly Revenue & Taxation Committee on April 10, 1989 and
is currently on referral to the Assembly Ways and Means Committee.
AB 1518 Wright
(As introduced)
Under current law the State of California allows a tax credit of 30% of the allowable
federal child care tax credit. There is no income ceiling on the availability of this tax
credit. This credit is generally not available unless at least one parent is working.
AB 1518 would permit, as an alternative to the above provision, a tax credit of$216
for one child or$432 if there are two or more children. There would be no requirement
that at least one parent be working: This credit would be reduced by an unspecified
percentage for each $2000 by which the taxpayer's adjusted gross income exceeds
$10,000. No credit would be allowed if the taxpayer's adjusted gross income exceeded
$40,000. If the tax credit exceeded net tax liability for the year the credit could be
carried over to a future year,but would not be paid as an actual rebate. Ataxpayer could
not make use of this provision if he or she is eligible to a tax credit under the 30% of
the federal child care tax credit provision. Therefore, this provision would primarily
be available to those parents where neither is working but there are still eligible child
care expenses,as,for instance,in the case of a single parent household where the parent
is going to school or is otherwise engaged in a training program.
AB 1518 is scheduled to be heard by the Assembly Revenue & Taxation Committee
on May 8, 1989. _
AB 1645 - Polanco
(As introduced)
Under current law the State of California allows a tax credit of 30% of the allowable
federal child care tax credit. There is no income ceiling on the availability of this tax
credit.
AB 1645 would reduce the percentage of the federal child care tax credit which was
available as a credit for state taxes from 30% at incomes of$40,000 to 6% on incomes
of 556,000 or more.
- 2 -
In addition, AB 1645 would require the Franchise Tax Board to calculate the dollar
value of the credits which are disallowed as a result of the above provision and would
transfer that amount from the General Fund to the State Department of Education to
use in connection with existing child care programs for the repair and renovation of
existing buildings, including unused schools and recreation facilities.
AB 1645 is scheduled to be heard by the Assembly Revenue & Taxation Committee
on May 15, 1989.
SB 540 - Rogers
(As amended April 18, 1989)
Under current law the State of California allows a tax credit of 30% of the allowable
federal child care tax credit. There is no income ceiling on the availability of this tax
credit. SB 540 would,in addition,provide a refundable credit based on the number of
children under the age of 6 in the taxpayer's care and the income of the taxpayer. The
total credit could not exceed 7% of the taxpayer's adjusted gross income. If the
taxpayer's adjusted gross income is not more than $5,326.23 the credit would be 7%n
of adjusted gross income. If the taxpayer's adjusted gross income is more than
$5,326.23, the credit would be the following amounts for each child under the age of
6, not to exceed 7% of adjusted 'gross income:
INCOME CREDIT PER CHILD
Not more than $18,000 $400
$18,001 - $21,000 $350
$21,001 - $24,000 $300
$24,001 - $27,000 $250
$27,001 - $30,000 $200
More than $30,000 $150 _
The child care credit would be reimbursed to the taxpayer if the credit exceeded actual
tax liability. This credit would be operative January 1 , 1991.
CLV M:eh
childleg
ANIEN1'JED IN ASSEN, MY _-VML 18. 1980
_kMENDED IN ASSIAMBLY APRIL 4, 1989
AM 14 XDED IN ASSENIBLYMARC11 27. 1989
CAIJ)"011MA SESSION
ASSUMBLY BILL No. 446
Introduced by Assembly Member Hansen
Februa-y L 1989
-
An act to amend Sections 1702.18 and 23617.5 of theD
Revenue and Taxation Code, relating to taxation, to take
effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 446, as amended, Hansen. Income taxes: bank and
corporation taxes: credits: child care. i.
The existing Personal Income Tax Law and Bank and
Corporation Tax Law authorize until jantiary 1, 1992, a tax
credit under both laws in an amount equal to 30% of the cost,
not exceeding 830,000, paid or incurred by the taxpayer for
the startup expenses, as specified, of establishing a child care
program or constructing a child care facility in California to
be used primarily by the children of the taxpayer's employees,
or for the cost paid or incurred by the taxpayer for
contributions to California child care information and'referral
services. Those laws also authorize until January I , 1992, a tax
credit in an amount equal to 30°'0' of the cost, not exceeding
a specified amount, paid Or incurred by the taxpayer fol-
contributions to a qualified care plan, as defined, made on
behalf of any dependent of the taxpayer's CaliforniaI
employee.
This bill would provide under the Personal Income Tax
Law and Bank and Corporation Tax Law that the term
96 40
AB 446 — 2 —
qualified
2 —qualified care plan" also includes a dependent care center,
as specified, which is a specialized facility , as defined, with
respect to short-term illnesses of an employee's dependents.
The Governor has established an advisory committee
known as the Child Development Programs Advisory
Committee.
This bill would require the Child Development Programs {
Advisory Committee to make a report concerning the child
care credits to the Legislature by January 1, 1991.
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 17052.18 of the Revenue and
2 Taxation Code is amended to read:
3 17052.18. (a) There shall be allowed as a credit
4 against the net tax imposed by this part for the taxable
5 year an amount equal to the amount determined in
6 subdivision (b) .
7 (b) (1) The amount of the credit allowed by this
8 section shall be 50percent of the cost paid or incurred by
9 the taxpayer on or after the effective date of this section
10 for contributions to a qualified care plan made on behalf
11 of any dependent of the taxpayer's California employee
12 who is under the age of 15.
13 (2) The amount of the credit allowed by this section-in.
14 any taxable year shall not exceed six hundred dollars
15 ($600) for each contribution to a full-time qualified care
16 plan and three hundred dollars ($300) for each
17 contribution to a part-time qualified care plan.
18 (c) For purposes of this section:
19 (1) "Qualified care plan" includes, but is not limited
20 to, onsite service, center-based service, in-home care or
21 home-provider care, and a dependent care center user
22 as defined by Section 2 '� '� 21 (b) (2) (D) of the
23 Internal Revenue Code which is a specialized facility
24 with respect to short-term illnesses of an employee's
25 dependents, provided the facility is located in this state
96 -,o
- 3 — AB 446
t 1 and is operated under the authority of a license when
2 required by state law.
3 (2) "Specialized facility" means a facility which
4 provides care to mildly ill children and which may do all
5 of the following.-
6
ollowing.6 (A) Be staffed by pediatric nurses and day care
i 7 workers.
8 (B) Admit children suffering from common childhood
9 ailments (including colds, flu, and chickenpox).
10 (C) Make special arrangements for well children with
11 minor problems associated with diabetes, asthma, breaks
12 or sprains, and recuperation from surgery. _
13 (D) Separate childrer according to their illness and
14 symptoms in order to protect them from cross infection.
15 (3) "Full-time qualified care plan" means an average
16 of eight or more hours per day for at least 42 weeks per
17 year in a qualified care plan.
18 {�}
19 (4) "Part-time qualified care plan" means an average
r 20 of two to eight hours per day for at least 42 weeks per year
21 in a qualified care plan.
22 +4}
23 (5) "Contributions" include employer
24 reimbursements to employees for the employee's
i 25 qualified care plan expenses, or direct payments to child
26 care programs or providers, or both.
27
28 (6) The term "employee" includes, for any year, an
29 individual who is an employee within the meaning of
30 Section 401 (c) (1) of the Internal Revenue Code
31 (relating to self-employed individuals) .
32 (d) In the case where an employer makes
33 contributions to a qualified care plan and also collects fees
34 from parents to support a child care facility owned and
35 operated by the employer, no credit shall be allowed
36 under this section for contributions in the amount, if any,
37 by which the sum of the contributions and fees exceed
38 the total cost of providing care. The Franchise Tax Board
39 may require information about fees collected from
40 parents of children.
96 IM
Ali 446 — 4 —
I
4 -1 (e) In the case where the child care received is,of' less
2 than 42-week duration, the employer shall. claim e1
3 prorated portion of' the allowable credit.
4 (f) In the case where the credit allowed under this
5 section exceeds the net tax for the taxable year, that
6 portion of the credit which exceeds the net tax may be
7 carried over to the net tax in the next five succeeding
8 taxable years. The credit shall be applied first to the
9 earliest taxable years possible.
10 (g) The credit shall not be available to an employer if
11 the care provided on behalf of an employee is provided
12 by an individual who:
13 (1) Qualifies as a dependent of that employee or that
14 employee's spouse under paragraph (1) of subdivision
15 (d) of Section 17054.
16 (2) Is (within the meaning of Section 17056) a son,
17 stepson, daughter, or stepdaughter of that employee
18 under the age of 19 at the close of that taxable year.
19 (h) The contributions to a qualified care plan shall not
20 discriminate in favor of employees who are officers,
21 owners, or highly compensated, or their dependents.
22 (i) No deduction shall be allowed as othei-xvise
23 provided in this part for that portion of expenses paid or
24 incurred for the taxable year Xvhich is equal to the
25 amount of the credit allowed under this section.
26 (j) in the case where the credit is taken by am
27 emplover for contributions to a qualified care plan which
28 is used at a facility owned by the emplover, the basis of
29 that facility shall be reduced by the amount of the credit.
30 The basis adjustment shall be made for the taxable year
31 for which the credit is allowed.
32 (k) With the exception of a husband and wife, if two
33 or more taxpayers share in the costs eligible for the credit
34 provided by this section, each taxpayer shall be eligible to
35 receive the tax credit ,in proportion to his or her
36 respective share of the costs paid or incurred. In the case
37 of a partnership, the tax credit may be divided between
38 the partners pursuant to a written partnership
39 agreement ill accordance with Chapter 10 (coninlencul(T
40 with Section 17851) , which includes Section 704 of the r.
— 5 — A3 446
1 Internal Revenue Code, concerning substantial
2 economic effect, relating to a partner's distributive share.
3 In the case of a husband and wife xvho file a separate
4 return, th6 credit may be taken by either or equally
5 divided between them.
6 (1 ) (1) This section shall not apply to taxable years
( 7 beginning on or after January 1, 1992.
8 (2) This section shall remain in effect only until
9 December 1, 1992, and as of that date is repealed, unless I
10 a later enacted statute, which is enacted and becomes
11 operative before December- 1, 1992, deletes or extends
12 that date.
13 SEC. 2. Section 23617.5 of the Revenue and Taxation -
14 Code is amended to read:
15 23617.5. (a) There shall be allowed as a credit against j
16 the taxes imposed by this part (except the minimum
17 franchise tax, the alternative minimum tax, and the taxes
18 imposed by Sections 23809 and 23811 relating to built-in
19 gains and excess passive income, respectively) an amount
20 equal to the amount determined in subdivision (b) -
21 (b) (1) The amount of the credit allowed by this
22 section shall be 50 percent of the cost paid or incurred by
23 the taxpayer on or after the effective date of this section.
24 for contributions to a qualified cars plan made on behalf
25 of any dependent of the taxpayer's California employee
26 who is under the age of 15.
27 (2) The amount of the credit allowed by this section in
28 any income year shall. not exceed six hundred dollars
29 ($600) for each contribution to a full-time qualified care
30 plan and three hundred dollars ($300) for each
31 contribution to a part-time qualified care plan.
32 (c) For purposes of this section:
33 (1 ) "Qualified care plan" includes, but is not limited
34 to, onsite service. center-based service, in-home care or
35 home-provider care, and a dependent care center atidet
36 as defined hs: Section 21 (b) ;2) (D) of' the Internal
37 Revenue Code Which is a specialized facility with respect
3S to short-termillnesses of arr employee's dependents,
39 provided the facilith; is located in this state and is
40 operated under the authority of a license when required
AB 446 — 6 —
I
6 -1 by state law.
2 (2) " `Specialized facility" means a facilitc- iwhich
3 provides care to mildly ill children and which mai• do all
4 of* the folloiving.
5 (A) Be staffed by pediatric nurses and day° care
6 v orkers.
7 (B) Admit children suffering from common childhood +�
8 ailments (including colds, flu, and chickenpov).
9 (C) Make special arrangements for well children with
10 minor problems associated with diabetes, asthma, breaks
11 or sprains, and recuperation from surgery.
12 (D) Separate children according to their illness and
13 symptoms in order to protect them from cross infection.
14 (3) "Full-time qualified care plan" means an average
15 of eight or more hours per day for at least 42 weeks per
16 year in a qualified care plan.
17 {a}
18 (4) "Part-time qualified care plan" means an average
19 of two to eight hours per day for at least 42 weeks per year
20 in a qualified care plan.
21 -A-
22 (5) "Contributions" include employer
23 reimbursements to employees for the employee's
24 qualified care pian expenses, or direct payments to child
25 care programs or providers, or both.
26 t4�
27 (6) The term "employee" includes, for any year, an
_ 28 individual who is an employee within the meaning of
29 Section 401 (c) (1) of the Internal Revenue Code
30 (relating to self-employed individuals) .
31 (d) In the case where an employer makes
32 contributions to a qualified care plan and also collects fees
33 from parents to support a child care facility owned and
34 operated by the employer, no credit shall be allowed
35 under this section for contributions in the amount, if any,
36 by which the sum of the contributions and fees exceed
37 the total cost of providing care. The Franchise Tax Board
38 may require information about fees collected from
39 parents of children served in the facility from taxpayers
40 claiming credits under this section.
96 180
- 7 — A-B 446
1 (e) In the case where the child care received is of less .
2 than 42-week duration, the employer shall claim a
3 prorated portion of the allowable credit.
4 (f) In the case where the credit allowed under this
5 section exceeds the taxes imposed by this part (except
6 the minimurn franchise tax, the alternative minimum tax,
7 and the taxes imposed by Sections 23809 and 23811
8 relating to built-in gains and excess passive income,
9 respectively) , that portion of the credit which exceeds
10 those taxes may be carried over to the taxes imposed by
11 this part (except the minimum franchise tax, the
12 alternative minimum tax, and the taxes imposed by
13 Sections 23809 and 2981.'_ relating to built-in gains and
14 excess passive income, respectively) in the next five
15 succeeding income years. The credit shall be applied first.
16 to the earliest income years possible.
17 (g) The credit shall not be available to an employer if j
18 the care provided on behalf of an employee is provided.
19 by an individual who:
f 20 (1) Qualifies as a dependent of that employee or that `
l 21 employee's spouse under paragraph (1) of subdivision
22 (d) of Section 17054.
23 (2) Is (within the meaning of Section 17056) a son,
24 stepson, daughter, or stepdaughter of that emploN-ee
25 under the age of 19 at the close of that taxable year.
261, (h) The contributions to a qualified care plan shall not
27 discriminate in favor of employees who are officers,
28 owners, or highly compensated, or their dependents. _
29 (i) No deduction shall be allowed as otherwise '?
30 provided in this part for that portion of expenses paid or
31 incurred for the income year which is equal to the
32 amount of the credit allowed under this section.
33 (j) In the case where the credit is taken by an
34 employer for contributions to a qualified care plan which
35 is used at a facility owned by the employer, the basis of
36 that facility shall be reduced by the amount of the credit.
37 The basis adjustment shall be made for the income year
38 for which the credit is allowed.
39 (k) If two or more taxpayers share in the costs eligible
40 for the credit provided by this section, each taxpayer shall
96 190
AB 446 — 8 —
I
8 -1 be eligible to receive the tax credit in proportion to its
2 respective share of the costs paid or incurred. In the case
3 of a partnership, the tax credit may be divided between
4 the p4rtners pursuant to a written partnership
5 agreement in accordance Nvith Chapter 10 (commencing
6 with Section 178-51) , which includes Section 704 of the
7 Internal Revenue Code. concerning substantial
8 economic effect, relating to a partner's distributive share.
9 (1 ) (1) This section shall not apple to income years
10 beginning on or after January 1, 1992.
11 (2) This section shall , remain in effect only until
12 December 1, 1992, and as of that date is repealed, unless
13 a later enacted statute, -A7hich is enacted and becomes
14 operative before December 1, 1992, deletes or extends
15 that date.
16 SEC. 3. The Child Development Programs Advisory
17 Committee shall assess and analyze the. impact that
18 Sections 17052.17, 17052.187 23611. and 23617.5, as
19 amended by this act, of the Revenue and Taxation Code
20 have on increasing employer-assisted child care in
21 California. The committee shall report its findings, along
22 with its recommendations, to the Legislature by January
23 17 1991.
24 SEC. 4. This act provides for a tax levy within the .
25 meaning of Article IV of the Constitution and shall go into
26 immediate effect.
O
AMENDED IN SENATE APRIL 18, 1989 �-
AMENDED IN SENATE APRIL 17, 1989
SENATE BILL No. 540
Introduced by Senator Rogers
February 21, 1989
An act to amend Section 17052.6 of, and to add Section
17052.19 to, the Revenue and Taxation Code, relating to
taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
SB 540, as amended, Rogers. Income taxes: emefnptien
credits: dependents.
The existing Personal Income Tax Law authorizes a
dependent exemption credit against the tax imposed by that
law. It also authorizes a credit for dependent care services
necessary for gainful employment.
This bill would in addition provide a refundable credit with
respect to the taxpayer's dependents who have not reached
compulsory school attendance age, as specified, in an amount
which would vary with income and number of qualifying
dependents,up to a maximum of 7% of adjusted gross income.
It would terminate the credit for dependent care services
with respect to expenses for dependents physically and
mentally capable of caring for themselves.
( This bill would take effect immediately as a tax levy, but
would become operative as provided. _
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
97 40
SB 540 — 2 —
The people of the State of California do enact as follows:
1 SECTION 1. Section 17052.6 of the Revenue and
2 Taxation Code is amended to read.
3 17052.6. (a) There shall be allowed as a credit against
4 the "net tax" and amount determined in accordance with
5 Section 21 of the Internal Revenue Code, except thfkt the
6 as follows:
7 (1) The amount of the credit shall be 30 percent of the
8 allowable federal credit regardless of whether there is a
9 federal tax liability.
10 (2) The term `qualifying individual"shall not include
11 any individual described in Section 21 (b) (1) (A) of the
12 Internal Revenue Code. This paragraph shall apply only
13 to taxable years beginning on or after January 1, 1991.
14 (b) This section shall remain in effect only until
15 January 1, 1993, and as of that date is repealed, unless a
16 later enacted statute, which is enacted before January 1,
17 1993, deletes or extends that date.
18 SEC. 2. Section 17052.19 is added to the Revenue and
19 Taxation Code, to read:
20 17052.19. (a) There shall be allowed as a credit
21 against the "net tax" (as defined in Section 17039) for the
22 taxable year an amount equal to the applicable amount as
23 determined in subdivision (b).
24 (b) "Applicable amount" means--
25 (1) The number of dependents of the taxpayer as of
26 the close of the taxable year who have not attained the
27 age of compulsory school attendance as prescribed by
28 Section 48200 of the Education Code, multiplied by
29 (2) An amount determined in accordance with the
30 following table:
31 r
32 If the adjusted gross income The amount is-
33 of the taxpayer is-
34 Not more than $5,326.23.. 7% of the taxpayer's
35 adjusted gross income
36 More than $5,326.23 but
37 not more than $18,000 $400
38 More than $18,000 but not
97 110
- 3 — SB 540
1 more than $21,000 ........ $350
2 More than $21,000 but not
Ind 3 more than $24,000 ........ $300
4 More than $24,000 but not
.nst 5 more than $27,000 ........ $250
rith 6 More than $27,000 but not
the ( ( 7 more than $30,000 ........ $200
8 More than $30,000 ............ $150
the 9
is a 10 (c) The amount allowable as a credit under
11 subdivision (a) to an individual for any taxable year shall
ide 12 not exceed 7 percent of the taxpayer's adjusted gross
the 13 income for the taxable y-laar.
my 14 (d) In the case where the credit allowed by this
1. 15 section exceeds the net tax for the taxable year, that
ztil 16 portion of the credit which exceeds the net tax shall be
;s a 17 credited against other amounts due, if any, from the
71, 18 taxpayer and the balance, if any, shall, upon
19 appropriation by the Legislature, be refunded to the
,nd ( 20 taxpayer.
21 (e) This section shall become operative on January 1,
dit 22 1991.
:he
as 24 SEC. 3. This act provides for a tax levy within the
25 meaning of Article IV of the Constitution and shall go into
26 immediate effect.
of
he
by
he
O
i
110 97 130
SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY
TO: Supervisor Sunne McPeak DATE: May 3, 1989
Supervisor ,�To ��,,//��Powers
FROM: Jim Ryding ]601 Director CC: Arthur Walenta,
Social Se ice Department
County Counsel
SUBJ: GAIN Child Care Issues Report
(Internal Operations Committee Referral)
-----------------------------------------------------------------
-----------------------------------------------------------------
This report is in response to the Internal Operations Committee' s
request for further information regarding GAIN Child Care.
I. GAIN CHILD CARE PAYMENTS.
A survey was conducted of several urban California counties
to see how they have paid GAIN Child Care Payments directly
to child care providers without incurring "employer"
liability. The results of that survey are as follows:
COUNTY PAYMENT METHOD LEGAL ADVICE ?
Alameda They contract with each of: County Counsel.
their two Resource and Referral
Agencies. The R&R makes 'all
payments to providers, except
in-home-care. The client is
given the choice of having an
exempt provider paid through
the R&R or the client can
receive the payment. In-home-
Care providers receive a two
party check.
Fresno Pay provider if licensed. None.
Pay client if exempt.
Orange Pay provider in all cases. They relied on
a letter from
San Diego Co.
Counsel .
Sacramento Two party checks in all cases. County Counsel .
Santa Clara Pay provider unless the Tax Board.
provider and client share the
same household.
San Mateo Pay providers in all cases. No. Have always
done it this
way with no
problems.
San Diego Pay providers in all cases. County Counsel .
Gen 9c (New 3/86)
Supervisor McPeak & Supervisor Powers
May 3 , 1989
Page 2
We spoke with Heidi Strassburger, Attorney at the Child Care
Law Center. She stated there is no "employer" relationship
established when paying independent business operators such
as the child care providers who are licensed. There is
still, however, a problem with the "exempt" providers.
Ms. Strassburger stated that the courts find that it does
not matter who the checks are made payable to. The courts
look to who sets the rates, who sets the hours of operation,
etc.
In the GAIN Program, the client has the responsibility for
choosing the child care provider and negotiating rates and
hours with the provider. The Social Service staff does not
take any responsibility for these matters. GAIN Case
Managers do, however, educate and give information to GAIN
clients on how to choose quality child care. This is done
at each GAIN Orientation and throughout the program whenever
the GAIN client has a problem with child care. We have no
agreements or contracts with any child care providers in the
GAIN program.
II. GAIN CHILD CARE CONTRACT FOR 89/90.
Our department has a contract with the Community Services
Department that runs through August, 1989 . In October,
1988, the :Child Care Council proposed to contract with us
for school-age child care resource development. Because we
had already chosen, through the Request and Proposal
process, Community Services Department to be our GAIN Child
Care Services contractor we included the resource
development component in our contract with Community
Services. Community Services attempted to subcontract with
Child Care Council for the resource development component.
The Executive Director of the Child Care Council wrote to us
on February 27, 1989, stating they were not interested in
subcontracting with the Community Services Department and
would not pursue the Resource Development proposal. See
letter from Catherine J. Ertz-Berger, dated February 27 ,
1989, attached.
III. EXEMPT _CHILD CARE CONTRACT.
Our department does not contract for GAIN "exempt" child
care. The GAIN client is responsible for finding and
paying their own provider.
Supervisor McPeak & Supervisor Powers
May 3 , 1989
Page 3
IV. USE OF A VOUCHER PROGRAM OR A CONTRACT WITH CHILD CARE
COUNCIL.
A voucher program or a contract for GAIN child care payments
with the Child Care Council is not a possibility at this
time. Our GAIN Plan, developed with the GAIN Advisory
Council, was approved by the Board of Supervisors in March,
1988. That plan provided for the child care payments to be
made directly to the GAIN clients. The plan further
provided for GAIN Case Managers to authorize and issue
payments for GAIN Child Care. Our funding from the State
Department of Social Services for our GAIN program is based
on 42 GAIN Case Managers and 25% of Case Management time is
for child care authorizations and payments. It is our
understanding that it is not allowable to contractout a
service that is already being provided by department
employees without meeting and conferring with the
appropriate employee organization. Should we now contract
this case management activity out, we .would have to decrease
the number of GAIN Case Managers by approximately 25% (6 . 5
workers) . This could result in Sgcial Service Department
layoffs; contracting would require meeting and conferring
with SEIU, Local 535.
JAR:CA:mlb
Attachments
Disc 5/LA: GAINRPT.DOC
CONTRA � COSTA
CCC __
Child Care Council
w a
February 27 , 1989
Ms . Yvonne Bullock
Department of Social Services
2401 Stanwell Dr. , #200
P.O. Box 5488
Concord, CA. 94524
Dear Ms. Bullock,
We have decided not to pursue the GAIN Child Care Resource
Development proposal at this time for the following reasons:
1. It is our understanding that child care providers are still
not being paid directly for the services they provide GAIN
Participants and, as you know, the Child Care Council cannot
support this policy.
" 2. We are not interested in subcontract with the Department of
Community Services for all of the reasons that I outlined in
my original correspondence to you in October.
Let me reiterate, for the record , our position on GAIN Child
Care. If, and when, a process is established whereby child care
providers are guaranteed payment for providing care to the
children of GAIN participants through a direct payment system,
the Child Care Council would be very interested in working with
the Department of Social Services on the GAIN Program. Not just
in the area of Resource Development, but by providing child care
referrals and, most importantly, parent education.
I hope this clarifies our position. If you have any questions,
please do not hesitate to call me.
Sincerely yours,
Catherine,J. Erts�erger
Executive Director
cc: Director, Department of Community Services
Carole Allen, GAIN Coordinator
C ADMINISTRATION i WEST BRANCH EAST BRANCH SOUTH BRANCH i CENTRAL BRANCH
3020 Grant St. 3727 3auea Avenue °ast Leland#106 2582 Bishop D, 3020 Grant Si.
Concord,CA 94520 Richmond,CA 94605 =-__;:r y.CA 94565 m Ramon.C;.=____ Concord,CA 94520
-!51676-5442 (415)233-KIDS 427-KIDS (415)676-KIDS-RCSc,rce
(4151 676-5055-Ve,-
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