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HomeMy WebLinkAboutMINUTES - 05071996 - C40 . . .- C.40 -'TO: BOARD OF SUPERVISORS �`5E'.. Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATORs Costa ��•_ :.:. ._:=._.= 4� County May 1 1996 *y DATE: Y s> a coun'� LEGISLATION: AB 2556 (ALPERT) - DESIGNATES THE STATE D RTMENT SUBJECT: OF EDUCATION AS THE SINGLE STATE AGENCY RESPONSIBLE FOR ADMINISTERING ALL FEDERAL CHILD CARE FUNDS AND STATE MATCHING FUNDS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 2556 by Assemblywoman Deirdre Alpert which, as amended April 11, 1996, would designate the State Department of Education as the single State agency responsible for administering all Federal child care funds as well as those State matching funds which are required for those Federal funds. BACKGROUND: Under current law, both the State Department of Social Services and the Superintendent of Public Instruction are responsible for administering various State and Federal child care programs. Assemblywoman Alpert has introduced AB 2556 in an effort to "...create a coordinated child care and development system with State and Federal funds that will meet the needs of families striving for economic self-sufficiency while enhancing the physical, social, and cognitive development of their children." This is to be accomplished by creating an Economic Self-Sufficiency Child Care and Development Fund which is to be administered by the Superintendent of Public Instruction. The bill lists the specific child care and development programs which are intended to be made a part of this coordinated program. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): �4&- ACTION OF BOARD ON May 7, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUSABSENT ----- ( ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 7, 1996 Contact: PHIL CHELOR,CLERK OF THE BOARD OF cc: XSORS AND COUNTY INIST TO See Page 2 BY U The Superintendent of Public Instruction is directed to submit to the Legislature by June 30, 1997 a preliminary plan for this coordinated program which: ❑ Ensures that families entitled to child care services under Federal Title IVA are served. ❑ Describes the services that families will receive. ❑ Ensures continuity of care. ❑ Ensures that the development of children is enhanced. ❑ Describes the federal approvals that are to be sought to implement the program. A final plan is to be submitted to the Legislature within 30 days after the decisions on all requested federal waivers have been received. The Child Care Task Force, at its meeting on April 24, 1996, voted unanimously to urge the Board of Supervisors to support AB 2556 and send letters to Assemblywoman Alpert and this County's legislative delegation indicating that support. In taking this position, the Child Care Task Force noted the following: "This measure would consolidate State and Federally funded child care and development services in California and require specific plans for improving the overall quality of care. AB 2556 would ensure that child development programs under contract with the California Department of Education are fully utilized and expanded to provide services to families on welfare or at risk of welfare dependency. The bill would also ensure that children receive care that enhances their development. It requires the Department of Education to develop plans that: 1. Ensure quality of services in contracted centers and family child care network programs. 2. Provide an incentive for quality in care purchased in the private market. This approach is critical to addressing the problem of low quality that prevails in many child care programs in California." In view of the position taken by the Child Care Task Force, it is recommended that the Board of Supervisors indicate its support for AB 2556. cc: County Administrator Social Service Director Acting Community Services Director The Honorable Deirdre Alpert Assemblywoman, 78th District Room 2141, State Capitol Sacramento, CA 95814 Les Spahnn; Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 Child Care Task Force (Via CAO) -2- AMENDED IN ASSEMBLY APRIL 11, 1996 CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION �I l ASSEMBLY BILL No. 2556 1 Introduced by Assembly Member Alpert 4� { February 21, 1996 An act to add Seetiett g .5 to Chapter 9 (commencing with Section 9000). to Part 6ofthe Education Code, and to add Sections 11008.5, 11281, 11323.25, 11451.75, and 11500.5 to the Welfare and Institutions Code, relating to child care. S jf LEGISLATIVE COUNSEL'S DIGEST AB 2556, as amended, Alpert. Child care programs: single agency . Existing law provides for child care and development services under specified programs administered by the.State Department of Social Services and the Superintendent of Public Instruction and funded by both federal and state funds. This bill would require he creation of coordinated child care and development system under the administration of the s p Su erintendent ofPublic Instruction. The bill would establish . the Economic Self-sufficiency Child Care and Development Fund intended to be funded b an annual a ro ria tion from Y pP p existing specified federally funded programs and from any portion ofa federal block grant which requires a portion of the grant be used for child care. The bill would require the Superintendent of Public Instruction to develop a preliminaryplan for the Economic Self-sufficiency Child Care and Development Program by June 30, 1997 and 'would 98 S F AB 2556 -772 — require 2 — require .the Director . of Social Services and the Superintendent of Public Instruction I to seek federal approvals so-that the specified-goals of the program can be implemented. This bill would require the Superintendent of Public Instruction to form an advising group as specified to . aide In developing the preliminary plan, and a final plan, as -� specified ' pregr-aff i-, r-eeltit-f es Existing 6w-, the At Risk Ghi!El pft�l toe State t of Seeietl gees fts the state agene A--:o`•. ' a r-eeeipt e€ eer-tain feElereal ehild earre funEls, to ettterz- e ffft 3 -thee ] . e€ .eke a prevalc ef the � l of Publ e l f str-.,et fee the Vic.. Dep ..t.,., rt ef Edueatieft = ear.,. ste wed 1 the At e 1 Pais bill er -L,= c6tft+e Pepetiztffieftt et ftftd e e�P_r e rt e t of See}al Ser ,: tij. €er-ee to stttdy the ef-, effd to Vie. ' 1 r-eeeffiffieftElatiens,r-egar-Elittg,- e€, ever { 1 Aft ease � efte r , 2 Vote majority. Appropriation: no. Fiscal committee: yes. 2 State-mandated local program: no. 2 The people of the State of California do enact as follows: t;- 2 2.2 1 : , �- fie "3350.5 i to#fie 2 Vie; te.reetd., 2, 3 83x50..5 The �fe"t of See 1. c��� 2 . 4e She e€ ei 2 5 fe�ee to study tie ef- :to. ffiake 3' 6 ...ate : r,,,,.,. _.� sa_eti 3- 7 ever eA ehild ear-e Within erre etgeney. 3; 8 ` SECTI"ONI. The Legislature finds and declares all of _ #;j T 9 the following.• 3` 10 (a) Child care and development services, that meet T 11 the needs of children and their parents, and that are : 3E - 12 stable, affordable, and ofgood quality, are essential to the 3' 13 state's education mission. and for achieving welfare 3� 14 reform. y 3c 98 - 3 — AB 2556 I the 1 (b) Early childhood programs have a long-term Federal 2 impact in reducing juvenile and criminal justice costs. can be 3 . (c) Several major studies ha ve found that quality child lent of 4. careand _development.programs substantially enhance 'fled to 5 children 's physical and cognitive development, thereby )Jan, as 6 improving their °chances for educational success and t' 7 future gainful employment. These programs promote the 8 , state's fundamental education mission. 9 f(d) Stable child care and development arrangements tgeney 10 enable parents to work, or seek work, or acquire Stat e 11 education "and training prerequisite to gainful 4 the 12 employment; and to,.enable parents to be secure that State .13. their children are being well cared for. These programs 14 promote the state's goal of enabling families to transition 15 from welfare dependency to employment. In addition, 16 quality child care .and development programs, by & 17 enabling parents, to work and by enhancing their ftt malee 18 children's prospects,of acquiring valuable skills,promote. 19 the states short- and long-term economic developmentft . a 20 (e).. The absence ofgood quality, affordable, and stable . ,e: yes. 21 child care and development programs impedes families 22 in their struggle for. economic self-sufficiency and 23 increases the ranks of the state's population of families allows: ' 24 dependent'on state cash assistance programs. 25 (f) A principal goal of the states system of child care 26 and development, ; administered by the State 27 Department ofEducation, is to support the state's welfare ftftd 28 reform efforts by serving families on Aid to Families with fl-t task 29 Dependent Children, families in transition from welfare ffietk� 30 to work, and families at-risk of welfare dependency. iietien 31 (g) Ongoing collaboration between the . State 32 Department of Education and the State Department of ?s all of 33 Social Services, child care and development services 34 con tracting agen cies, and county welfare departments, is meet 35 needed in order to certify eligibility of families for rat are 36 subsidized ..child care and development services, I to the37 maximize federal resources, coordinate services,-identify s velfare 38' and plan to meet local needs, and build local capacity to E t 39 meet those needs. 98 98 it V ." C 1 , AB 2556 — 4 — '1 4 -1 9000. This chapter shall be known and�may be cited 2 as the Economic. Self-sufficiency Child Care and t 3 Development Act. 4 9001. The purpose of the Economic Self-sufficiency 5 Child Care and Development Program is to create a 6.. coordinated. child -care and development system with } i 7 state and federal funds that will meet the-needs offamilies s 8. striving for economic self-sufficiency while enhancing 9 the physical, social, and cognitive development of their + 10 children. j 11 9002. The Economic Self-sufficiency Child_ .Care and 12 Development Fund is hereby created in the State 13 Treasury. It is the intent of the Legislature that the fund 14 be funded by an annual appropriation from the following 15 sources: 16 (a) Upon the granting of;federal approvals and the. 17 'enactment of any necessary implementing legislation, 18 the state matching funds and the federal funds for the 19 programs specified in subdivision (b) ofSection .9005.. 20 (b) That portion of any federal block grant. which Is `' 21 required to be.used by the sta to for child care. 22 (c) Moneys` in the Economic Self-sufficiency Child 23 Care and Development Fund shall only be expended for 24 purposes of the Economic Self-sufficiency Child Care and 25 . Development Program. 26 9003. The Economic Self-sufficiency Child Care and 27 . Development Program shall be administered by the 28 Superintendent of Public Instruction -29 -9004. The Economic Self-sufficiency Child Care and 30 Development Program shall be coordinated with the 31 Child Care and Development Services :Act to' ensure 32 continuity of services to families and children. .. The 33 program shall fully utilize the present system of child care 3 34 programs throughout the state, including. contracted 35programs through public schools,. community colleges, 36 and nonprofit community based child care agencies,and 37 the alternative pa ym en t program for private child care 38 ' and de ve)opm en t services. 39 9005. (a) The Superintendent of Public Instruction 40 and the Director-of Social Services shall jointly work to 98 —.5 — AB 2556 )e cited 1 ,obtain federal approvals as required by Section 11008.5, ~e and 2 11281, 11323.25, 11451.75, and 11500.5, of the Welfare and 3 Institutions Code. In . addition, the Superintendent of 4 Public Instruction and the Director of Social Services ciency 5 shall seek any federal approvals necessary to include the reate a I 6 At Risk Child Care Program in Article 155 (commencing .n with 7 with Section 8350) of Chapter 2 in the Economic `amilies ) 8 Self-sufficien c Child Care an d De velo m en t Program,, Dancing y p g �f their 9 and for funds for that program to be transferred to the 10 Economic Self-sufficiency Child Care and Development i 11 Fund. re and 12 . (b) The following. .programs. are intended . to be State13 consolidated under the Economic Self.-sufficiency Child �e fund 14 Care and Development Program, and it intended that Ilowing ]5 the federal funds and the state matching funds for these end the 16 programs be transferred to the Economic Self-sufficiency 17 Child Care an d De velopm en t Fun d.• slation, 18 (1) Aid to Families with Dependent Children Income for the 19 Disregard Program as provided for in Section 402 X005.. 20 (a) (8) (A) (iii) (42 U.S.C. 602(a) (8) (A) (iii)). Which is 21 (2) The Greater Avenues for Independence Program . Child 22 as provided for in Article 3.2 (commencing with Section ded for 23 11320) of Chapter 2 ofPart 3 ofDivision 9 of the Welfare 24 and Institutions Code. . Ire and ,, . 25 (3) The Non-Gain Education and Training Program, 26 as required pursuant to .Miller v. Carlson, 768 F. Supp. ire and 27 1330. by the 28 (4) The Supplement Child Care Programpro videdfor 29 in Section 11451.7 of the Welfare and Institutions Code. ire and 30 (5) .The Transitional Child Care Program provided for ith the 31 in Article 8 (commencing with Section 1500) of Chapter ensure 32 2 of Part 3 of Division 9. of the Welfare and Institutions n. They 33 Code. rid care 34 (6) . The Alternative Assistance'Program provided for tracted 35 in Section 11280 of the Welfare and Institutions Code. 91leges, 36 (7) The At Risk Child Care Program provided for in %es, and 37 -Article 15.5 (commencing with Section 8350) of Id care 38 Chapter 2. 39 . 9006. (a) The .Superintendent of Public Instruction ruction ,` ^ 40 shall submit to the Legislature on or before June 30, 1997, vork to 98 98 �.. AB 2556 'lilt > 1 a preliminary.plan for the Economic Self-sufficiency 2 Child Care and Development Program. The plan shall: 3 (I) Ensure that families entitled to child care services 4 under Federal Title IVA are served. 5 (2) Describe the services that families will receive. 6 "(3) Ensure con tin uity, of care. , 7 (4) Ensure that the , development of children is 8 enhanced. 9 (,5) Describe the federal approvals the 10 'Superintendent ofPublic Instruction and the Director of t 11 Social: Services will seek to, implement the program, 12 , including the . transfer . and consolidation, - of funds 13. pursuant to Section 9005, and the expected timeframe for 14 negotiations with the federal government and final . 15 decisions by the federal government.` 16 ' (b) : The Superintendent of Public. Instruction, ` in ' 17 developing the plan pursuant to subdivisions (a) and (d), 18 shall form an advising .group which shall - include 19 representatives from the Health and Welfare Agency, the 20 Governors Office,' county welfare departments, child 21. care resource and referral agencies, Ilocal child care 22 planning bodies, experts in stateand 'federal child 23 development policy, and other interested parties 24 selected by the Superintendent of Public Instruction. 25 (c) The Superintendent of Public Instruction and the 26 'Director of Social Services shall submit the request for 27 .federal approvals to implement the plan developed 28 pursuant to subdivision (a) on or before June 30; 1997 29 (d) A final plan for the Economic Self-suff ciency. 30 Child Care and Development Program shall .be 31 developed by the Superintendent ofPublic Instruction in 32.. ' conjunction with the negotiations with the federal 33 go vernm en t for appro vals. Within 30 days of th 'decisions f� } 34 on all the requested federal ` approvals, the 35 Superintendent of Public Instruction shall submit. to the 36 Legislature. , a detailed plan for the Economic 37 Self-sufficiency Child Care and Development Program, . 38 which . shall include a request for any necessary 39 implementinglegislation. The final plan shall include,.but 40 is not hmlted to: 4 98 — 7 — AB 2556 (1). The methods for implementing the goals stated in ,ff ciency ,zn shall- 2 subdi vision (a) and in Section 9004. services 3 (2) A method for assessing the quality of services in 4 contracted centers, family child care home systems, and 'cei ve. 5 alternative child care private programs. 6 (3) Recommendations based on local assessments of g 7 needs in the degree to which California must build its �ldren is ►� 8 childcare capacityin order to meet the state's proximate 's the 9 and foreseeable welfare reform.goals. rector of 10 (4) The respective roles of the Superintendent of �rograrrl, 11 Public Instruction and the Director of Social.Services. )f funds 12 (<5) Legislation, if .any, needed to implement the rame for 13. Economic Self-sufficiency Child Care and Development nd f nal 14 Program., 15 SEC. 3. Section 11008.5 is added to the Welfare and ;tion, In ' 16 Institutions Code, to read.- . and (d), 17 11008.5 (a) The director, jointly with the include 18 Superintendent ofPublic Instruction, consistent with the ?ncy, the 19 plan to be developed under Section 9006oftheEducation its, child >> 0 20 Code, shall seek any federal approvals necessary to did care 21 permit the. state to eliminate the disregard of earned al child 22 income used for .the care of a dependent child, as parties 23 provided for in Section 402 (a) (8) (A) (iii) (42 U.S.C ,cfion. E 24 602(a) (8) (A) (iii)), and instead, to provide that- the and the )� ` 25 federal, state, and county funds that otherwise would be Iuest for 26 used in implementing this income disregard would be .?veloped 27 transferred to the Economic Self-sufficiency Child Care 9 1997. 28 and Development Fund. ff ciency 29 (b) Itis the intent of the Legislature that this provision shall be 30 will be implemented through annual estimates by the uction in 31 director of the amount offunds required to be expended federal 32 due to increases in aid grant levels under the Aid to lecisions ?) " E 33 . Families with Dependent Children program due to the els the . 34 child care income disregard referred to in subdivision tit to the f 35 (a). . 'canomic 136 SEC. 4. Section 11281 is added to the Welfare and 'rogram, 37 Institutions Code, to read.• 7ecessary : . 38 11281. The director,jointly with the Superintendent lade, but 39 ofPublic Instruction, consistent with the plan required to 40 be developed under Section 9006 of the Education Code, If 98 98 AB 2556 — 8 1. shall seek any federal approvals necessaryy topermit the - . 2 state- to eliminate the provision of child care services 3. :under.this article and, instead, to provide that all federal; 4 state, and county funds.,that otherwise would be used in 5 the provision of these services would be transferred to the . 6 Economic_ Self-sufficiency Child Care and Development ►, 7 Fund. . ' 8 SEC 5: Section 11323.25 is added to the Welfare and 9 .Institutions Code, to read. 10 11323.25: The director, jointly with the 11 Superintendent ofPublic instruction;consistent with the 12 plan.required to be developed under Section 9006 of the .13 Education Code, shall seek any federal approvals 14 necessary to permit the state to eliminate the provision- 15. rovision15 of child care services, both under this article, as well as to 16 -nonparticipants under this article in accordance with the 17program required under the case ofMiller v. Carlson, 768 18 F. Supp. 1330, and, instead, to provide that all federal, 19 state, and county funds that otherwise would be used in 20 thepro vision oftheseservices would be transferred to the 21 Economic Self-sufficiency Child Care and Development . 22 Fund. t 23 SEC. .6. Section 11451.75 is added to the Welfare.and i 24 Institutions Code to read.. 25 11451.75. The director, jointly with the 26 Superintendent ofPublic Instruction, consistent with the 27 plan required to be developed under Section 9006 of the 28 Education Code, shall , seek any federal' approvals 29 necessary to permit the state to eliminate the provision 30 of child care services under Section 11451.7,"and, instead.' 31. to provide that all federal, state, and county'lunds that ' 32 would otherwise be used in the pro vision of these services 33 would be transferred to the Economic Self-sufficiency 34 Child Care and Development Fund. 35 SEC. 7. Section 11500.5 is added to the Welfare and 36 Institutions Code, to.read: 37 11500.5. The director, jointly with the '38 Superintendent ofPublic Instruction, consistent with the 39 plan required to be developed under Section 9006 of the 40 Education Code, shall seek any federal ' approvals 98 - 9 — AB 2556 -rmit the 1 necessary to permit the state 'to eliminate the provision services 2 of child care services under Section 11451.7, and, instead, (federal, 3 to provide that all federal, state, and county funds that used in 4 otherwise would be used in the,provision of these services ed to the 5 would be transferred to the Economic Self-sufficiency lopment 6 Child Care and Development Fund. fare and h the with the 96 of the apro vals )ro vision yell as to with the lson, 768 federal, used in ed to the lopment fare and h the with the 06 of the pprovals )ro vision instead, -,nds that services fficiency fare and the with the 06 of the ppro vials ��� O 98 98