PART 1.8. Child Care and Development Services Act [10207. - 10492.2]
Part 1.8 added by Stats. 2021, Ch. 116, Sec. 260.
§§ 10207–10492.2 · 258 sections
CHAPTER 1. General Provisions §§ 10207–10215 · 18 sections
- § 10207 The purpose of this part is as follows: (a) To provide a comprehensive, coordinated, and cost-effective system of child care and development services for…
- § 10207.5 It is the intent of the Legislature that: (a) All families have access to child care and development services, through resource and referral services, where…
- § 10208 The department shall develop standards for the implementation of quality programs. Indicators of quality shall include, but not be limited to: (a) A physical…
- § 10209 (a) On or before June 30, 1999, the State Department of Education, in consultation with the department, shall develop prekindergarten learning development…
- § 10209.5 (a) The department shall ensure that each contract entered into under this part to provide child care and development services, or to facilitate the provision…
- § 10209.6 (a) It is the intent of the Legislature for general or migrant childcare and development contractors, teachers, and staff to better understand the language and…
- § 10210 In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, it is the policy of this…
- § 10210.5 It is the intent of the Legislature that in providing child development programs the department give priority to children of families that qualify under…
- § 10211 (a) The department is hereby designated as the single state agency responsible for the promotion, development, and provision of care of children in the absence…
- § 10211.5 (a) The department shall collaborate with the Secretary of Health and Human Services, with the advice and assistance of the Child Development Programs Advisory…
- § 10212 The department shall consult with the Commission on Teacher Credentialing, and the office of the Chancellor of the California Community Colleges in development…
- § 10212.5 It is the intent of the Legislature that federal funds received pursuant to the federal Child Care and Development Fund be allocated according to federal…
- § 10212.6 (a) It is the intent of the Legislature to add approximately 206,800 new childcare slots above the slot levels funded during the 2020–21 fiscal year,…
- § 10213 (a) The Legislature finds and declares all of the following: (1) Providing children in California with a healthy start is one of the best investments the state…
- § 10213.5 As used in this part: (a) “Alternative payments” includes payments that are made by one childcare agency to another agency or childcare provider for the…
- § 10214 Child care exempt from licensure is a valid parental choice of care for all programs provided for under this part, and no provision of this part shall be…
- § 10214.5 Notwithstanding any other provision of law, child care and development programs, as defined in Section 10213.5, shall include, but not be limited to, respite…
- § 10215 (a) If a state of emergency is declared by the Governor, the department may waive any requirements of this code or regulations adopted pursuant to this code…
CHAPTER 1.1. Online Portal for Child Care and Development Services § 10216 · 1 section
- § 10216 (a) It is the intent of the Legislature in adopting this chapter that every family in California have access to current and robust information regarding the…
CHAPTER 2. Resource and Referral Programs §§ 10217–10224.5 · 9 sections
- § 10217 Funds appropriated for the purpose of this chapter may be used for child care resource and referral programs which may be operated by public or private…
- § 10218 It is the intent of the Legislature that one hundred eighty thousand dollars ($180,000) be appropriated each fiscal year for allocation to child care and…
- § 10219 (a) For purposes of this chapter, child care resource and referral programs, established to serve a defined geographic area, shall provide the following…
- § 10220 (a) In addition to the services described in Section 10219, a child care resource and referral program, established to serve a defined geographic area, may…
- § 10221 All child care resource and referral services shall be provided in a manner which is responsive to the diverse cultural, linguistic, and economic needs of a…
- § 10222 Child care resources and referral shall be provided to all persons requesting services and to all types of child care providers, regardless of income level or…
- § 10223 (a) There is hereby established a project known as the California Child Care Initiative Project. It is the intent of the Legislature to promote and foster the…
- § 10224 When making referrals, every agency operating both a direct service program and a resource and referral program shall provide at least four referrals, at least…
- § 10224.5 (a) Federal funds allocated to local child care resource and referral agencies to support their continued participation in COVID-19 relief and recovery shall…
CHAPTER 3. Alternative Payment Programs §§ 10225–10234 · 20 sections
- § 10225 (a) Upon the approval of the department, funds appropriated for the purposes of this chapter may be used for alternative payment programs to allow for maximum…
- § 10225.5 (a) It is the intent of the Legislature that: (1) Working families be supported with maximum access to child care and development programs that focus on…
- § 10226 (a) Alternative payment programs shall serve an identifiable geographic area approved by the department. The service area may be delineated by jurisdictional…
- § 10226.5 To offer maximum support for parents and providers, alternative payment programs shall have access to resource and referral services. Funding shall be adequate…
- § 10227 Alternative payments may be made for services provided in licensed centers and family child care homes, for care provided in the child’s home, and for other…
- § 10227.5 (a) Childcare providers authorized to provide services pursuant to this chapter shall submit to the alternative payment program a monthly attendance record or…
- § 10227.6 (a) It is the intent of the Legislature to use an alternative methodology, as defined in subdivision (ak) of Section 10213.5, to inform the setting of…
- § 10228 If the market rate survey is used to set reimbursement rates, the following shall apply: (a) Payments made by alternative payment programs shall not exceed the…
- § 10228.1 Out of funds appropriated in accordance with paragraph (2) of subdivision (b) of Section 10214 for alternative payment programs, the department shall…
- § 10229 The reimbursement for alternative payment programs shall include the cost of child care paid to child care providers plus the administrative and support…
- § 10229.4 If the market rate survey is used to set reimbursement rates, the following shall apply: (a) Payments made by the Migrant Alternative Payment Program shall not…
- § 10229.5 The audits for such agencies shall include, but not be limited to, a sampling of the evidence of fees charged to, and paid by, families of nonsubsidized…
- § 10230 When making referrals, every agency operating both a direct service program and an alternative payment program shall provide at least four referrals, at least…
- § 10230.5 (a) When making referrals, every program operating pursuant to this chapter shall provide information to any person who requests a child care referral of their…
- § 10231 (a) To the extent that funding is made available for this purpose through the annual Budget Act, the alternative payment agency in each county shall design,…
- § 10231.5 (a) (1) On or before July 1, 2019, an alternative payment program shall establish a program of electronic banking for payments made to licensed or…
- § 10232 (a) Alternative payment programs and providers operating or providing services pursuant to this chapter may maintain records electronically, in compliance with…
- § 10232.5 Alternative payment programs and providers operating or providing services pursuant to this chapter may use a digital signature that complies with state and…
- § 10233 Alternative payment programs and providers operating or providing services pursuant to this chapter may use digital forms to allow families to apply for…
- § 10234 An alternative payment agency, including, but not limited to, an alternative payment agency for migrant child care and development programs established…
CHAPTER 6. Migrant Child Care and Development Programs §§ 10235–10238 · 5 sections
- § 10235 The department shall administer all migrant child care and development programs. In addition, the department shall support and encourage the state-level…
- § 10236 (a) For the purpose of this chapter, a “migrant agricultural worker family” means a family with at least one individual who has earned at least 40 percent of…
- § 10236.5 For the purpose of enrollment in migrant child care and development programs, the department shall ensure that the self certification of income shall be…
- § 10237 The department shall develop appropriate migrant child care and development programs, quality indicators, including those prescribed in subdivisions (a) to…
- § 10238 (a) Cost for migrant programs may exceed the standard reimbursement rate established by the department. In no case shall the reimbursement exceed the cost of…
CHAPTER 7. General Child Care and Development Programs §§ 10240–10245 · 6 sections
- § 10240 The department, with funds appropriated for this purpose, shall administer general child care and development programs. General child care and development…
- § 10241 Programs operated pursuant to this part may be designed to meet child-related needs identified by parents or guardians which may include, but are not limited…
- § 10242 (a) (1) Any entity operating child care and development programs funded pursuant to this chapter that provide direct services to children at two or more sites,…
- § 10243 The department shall annually monitor funding used in general childcare and development programs for infants and toddlers and shall annually report to the…
- § 10244 (a) The department shall develop and implement a streamlined request for application process for current childcare and development program contractors to award…
- § 10245 (a) Beginning on or before July 1, 2027, the department may set aside up to 15 percent of funding associated with slot expansion awards for general childcare…
CHAPTER 8. Family Child Care Home Education Networks §§ 10250–10252 · 3 sections
- § 10250 (a) The department, with funds appropriated for this purpose, shall contract with entities organized under law to operate family child care home education…
- § 10251 Each family child care home education network contractor, in addition to the requirements set forth in subdivision (b) of Section 10250, shall do all of the…
- § 10252 This chapter does not impose any new requirement on a family child care home education network, nor does this chapter require any increase in reimbursement…
CHAPTER 9. Child Care and Development Services for Children with Special Needs §§ 10260–10263 · 4 sections
- § 10260 (a) The department shall ensure that eligible children with exceptional needs are given equal access to all child care and development programs. Available…
- § 10261 A contractor providing services pursuant to a general child care contract, a campus child care contract, a migrant child care contract, or an alternative…
- § 10262 (a) All child care and development programs shall include plans or programs, or both, for the care of the children when they are sick. These plans shall be age…
- § 10263 (a) The department and the local county welfare department shall enter into contracts which establish the procedures for serving and referring a child in need…
CHAPTER 10. Administration §§ 10265–10277.6 · 33 sections
- § 10265 (a) The Legislature finds and declares that the effectiveness of child care and development programs can be increased through improved state administration,…
- § 10265.5 The department shall do all of the following: (a) Establish a toll-free number for programs which receive funds from the state department pursuant to this…
- § 10266 The department shall do all of the following in administering the provisions of this chapter: (a) Apply sanctions against contracting agencies that have…
- § 10266.5 (a) No person employed by the department in a policymaking position in the area of child care and development programs shall serve as a member of the board of…
- § 10267 The department shall develop and coordinate resources, provide technical assistance, monitor program implementation, generate maximum federal reimbursement…
- § 10267.5 (a) The department shall adopt rules and regulations pursuant to this chapter. The rules and regulations shall include, but not be limited to, provisions that…
- § 10267.6 (a) The director may require a contracting agency that employs a person who holds an assistant teacher permit pursuant to Section 8301.1 to provide the…
- § 10268 For purposes of meeting state and federal reporting requirements and for the effective administration of child care and development programs, the department is…
- § 10268.5 Notwithstanding Section 14616 of the Government Code, the department may enter into and execute local contractual agreements with any public or private entity…
- § 10269 Contractors operating or providing services pursuant to this chapter may do both of the following: (a) (1) Maintain records electronically, in compliance with…
- § 10269.5 Contractors operating or providing services pursuant to this chapter may use digital forms to allow families to apply for services, if those forms comply with…
- § 10270 On and after the date on which the department determines that the Financial Information System for California (Fi$Cal Project) has been implemented within the…
- § 10270.5 (a) In contract transfer situations in programs funded pursuant to this chapter, the department may grant a certificate of operation to child care and…
- § 10271 (a) (1) The department shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this part. In order to be…
- § 10271.5 (a) For purposes of establishing initial income eligibility for services under this chapter, “income eligible” means that a family’s adjusted monthly income is…
- § 10271.6 (a) To calculate a family’s adjusted monthly income for purposes of determining income eligibility or calculating a family fee, the calculation shall be done…
- § 10271.7 (a) For purposes of establishing eligibility for services under this part, “a member of the household who is certified to receive benefits from Medi-Cal,…
- § 10272 (a) Notwithstanding any other law, effective July 1, 2011, the department shall reduce the maximum reimbursable amounts of the contracts for the Preschool…
- § 10272.5 (a) Notwithstanding any other law, and in addition to any reductions applied pursuant to Section 10272, effective July 1, 2012, the department shall reduce the…
- § 10273 (a) The preferred placement for children who are 11 or 12 years of age and who are otherwise eligible for subsidized child care and development services shall…
- § 10273.5 By July 1, 1981, and annually thereafter, the State Department of Health Care Services shall provide a mechanism for the delivery of health screening and…
- § 10274 The department may waive or modify child development requirements in order to enable child development programs to serve combinations of eligible children in…
- § 10274.5 The department may provide outreach services and technical assistance to new child care contracting agencies and to those providing child care during…
- § 10275 (a) The department shall establish rules and regulations for the staffing of all center-based child care and development programs under contract with the…
- § 10275.5 Until the department promulgates regulations for center-based programs establishing staffing ratios, the following staffing ratios shall apply: (a) Infants, 0…
- § 10276 (a) A child care and development program funded pursuant to the federal Child Care and Development Fund, as defined in Section 98.2 of Title 45 of the Code of…
- § 10277 (a) On or before March 1, 2024, each county and contractor that reimburses childcare providers for the provision of state-funded subsidized childcare and…
- § 10277.1 (a) Funding shall be allocated to the State Department of Social Services from funds in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2023 and the…
- § 10277.2 (a) Funding shall be allocated to the State Department of Social Services from funds in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2023 and the…
- § 10277.3 (a) (1) To support family childcare providers, as defined in subdivision (b) of Section 10421, and encourage their participation in training, forty million…
- § 10277.4 (a) (1) One hundred million one hundred thousand dollars ($100,100,000) was previously appropriated for the establishment and administration of the Child Care…
- § 10277.5 (a) One hundred thousand dollars ($100,000) was previously appropriated from the General Fund to the State Department of Social Services in the 2023−24 fiscal…
- § 10277.6 (a) Funding shall be allocated from funds appropriated to the State Department of Social Services in Schedule (3) of Item 5180-101-0001 of the Budget Act of…
CHAPTER 11. Reimbursement Rates §§ 10280–10287.5 · 15 sections
- § 10280 (a) The department, in collaboration with the State Department of Education, shall implement a reimbursement system plan that establishes reasonable standards…
- § 10280.2 (a) (1) Consistent with the agreement, dated June 25, 2021, entered into by the Governor and Child Care Providers United - California, the state and Child Care…
- § 10281 (a) (1) For purposes of this section, “early childhood mental health consultation service” means a service benefiting an infant or toddler who is 0 to 36…
- § 10281.2 Notwithstanding paragraph (1) of subdivision (a) of Section 8243 of the Education Code or paragraph (1) of subdivision (a) of Section 10281 of this code,…
- § 10281.5 (a) In order to reflect the additional expense of serving children who meet any of the criteria outlined in subdivision (c), the provider agency’s reported…
- § 10282.5 (a) Notwithstanding the provisions of Section 10280, the assigned reimbursement rate of a center-based child care agency (a) contracting with the department,…
- § 10283 (a) Commencing with the 1995–96 fiscal year and each fiscal year thereafter, for purposes of this part, reimbursement rates shall be adjusted by the following…
- § 10284 (a) Notwithstanding the provisions of Section 10280, the payment made to a child care facility (a) with authorization for payments from an alternative payment…
- § 10284.5 The audits for those agencies licensed under the provisions of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code shall…
- § 10284.6 The department and the State Controller shall establish the necessary plans to advance child care funds to contracting agencies.
- § 10285 The department shall adopt rules, regulations, and guidelines to facilitate the funding and reimbursement procedures required by this chapter.
- § 10286 The department shall support the coordination of resources available to state and local agencies serving children, youth, and their families.
- § 10286.5 In the event that operating agencies are unable to operate due to incomplete renovations authorized by administrating state agencies, or due to circumstances…
- § 10287 (a) The rules, regulations, and guidelines adopted by the department pursuant to Sections 10267.5 and 10285 shall permit reimbursement for interest paid by…
- § 10287.5 A center-based child care agency contracting with the department to provide center-based child care services may schedule up to two days of staff training, per…
CHAPTER 12. Family Fees §§ 10290–10292 · 3 sections
- § 10290 (a) The department, in consultation with the State Department of Education, shall establish a fee schedule for families using preschool and childcare and…
- § 10291 (a) A family that receives services pursuant to paragraph (1) of subdivision (b) of Section 10271 may be exempt from family fees for up to 24 months. (b)…
- § 10292 (a) The family fee schedule shall provide, among other things, that a contractor or provider may require parents to provide diapers. A contractor or provider…
CHAPTER 13. Allocations and Expenditures §§ 10300–10309.8 · 23 sections
- § 10300 (a) The department may reimburse approvable startup costs of child development agencies or facilities in an amount not to exceed 15 percent of the expansion or…
- § 10300.5 (a) The department and the State Department of Education shall promote full utilization of childcare and development and preschool funds and match available…
- § 10301 (a) The department shall develop a plan and procedures for the allocation of expansion funding balances resulting from the pro rata allocation of expansion for…
- § 10301.5 (a) The Legislature recognizes the shortage of child care and development and preschool facilities which meet state and local health and safety standards, and…
- § 10302 Unless specifically exempted by the Legislature, the administrative cost for all state-funded child care and development and preschool programs and all federal…
- § 10302.5 (a) The department shall establish regulations for the allocation of capital outlay funds provided pursuant to Section 10303 to Section 10304.5, inclusive, to…
- § 10303 The department shall establish a revolving loan fund to provide loans to child care and development or preschool contracting agencies for capital outlay not to…
- § 10304 (a) Repayments on loans made pursuant to Section 10303 shall commence within one year after allocation of the loan to the contracting agency. In lieu of…
- § 10304.5 The state shall hold a security interest in all renovations and repairs funded pursuant to Section 10303.
- § 10305 (a) For purposes of this section “department” means the Department of Housing and Community Development. (b) Subject to appropriation in the annual Budget Act,…
- § 10305.5 (a) For purposes of this section “department” means the Department of Housing and Community Development. (b) The department shall administer the Child Care and…
- § 10306 The Child Care and Development Facilities Loan Guaranty Fund, the Child Care and Development Facilities Direct Loan Fund, and the Child Care Loan Guaranty Fund…
- § 10307 (a) As used in this section: (1) “Board” means the State Allocation Board. (2) “Lessee” means a child care and development or preschool contracting agency to…
- § 10307.5 (a) In the event that a school district elects to discontinue its contract for child development or preschool services, the facilities owned by the school…
- § 10308 (a) (1) The Child Care Facilities Revolving Fund is hereby established in the State Treasury to provide funding for loans for the renovation, repair, or…
- § 10308.5 Each county shall, as a minimum, maintain the level of expenditure for child development services provided by the county during the 1970–71 fiscal year. These…
- § 10308.7 (a) The Legislature recognizes that child care and preschool programs have made valuable contributions towards ensuring that public assistance recipients will…
- § 10309 The department shall publish the methodology and data used, including county-specific data if such data is used, for the allocation of all child care funds.…
- § 10309.1 (a) The department shall disburse augmentations to the base allocation for the expansion of child care and development programs to promote equal access to…
- § 10309.3 The Legislature finds and declares the following: (a) There is a serious shortage of quality child day care and preschool facilities throughout the state. (b)…
- § 10309.5 (a) The department shall contract with a nonprofit organization to serve as a financial intermediary. The nonprofit organization shall have staff who have…
- § 10309.7 (a) The Legislature recognizes the importance of providing quality child care and preschool services. It is, therefore, the intent of the Legislature to assist…
- § 10309.8 (a) (1) Subject to subdivision (f), the department is authorized to transfer funding, including funds that are not allocated to contracts or otherwise fully…
CHAPTER 14. Child Care and Development Infrastructure and Workforce Development §§ 10310.1–10311 · 3 sections
- § 10310.1 (a) The department shall administer the Child Care and Development Infrastructure Grant Program to expand access to child care and development and preschool…
- § 10310.2 (a) Subject to an appropriation made by the Legislature for this purpose, the department shall administer and implement a program for disaster-related…
- § 10311 (a) The Superintendent of Public Instruction shall, subject to an appropriation for this purpose in the annual Budget Act, administer the Early Learning and…
CHAPTER 15. Transfer of Information § 10315 · 1 section
- § 10315 (a) The Legislature finds and declares that the state makes a substantial, annual investment in preschool, infant and toddler, and schoolage child development…
CHAPTER 16. Early Childhood Policy Council § 10320 · 1 section
- § 10320 (a) The Early Childhood Policy Council is hereby established to advise the Governor, the Legislature, and the department on statewide early learning and care…
CHAPTER 17. Local Programs §§ 10330–10337 · 8 sections
- § 10330 The governing board of any school district or a county superintendent of schools with the approval of the county board of education is authorized to establish…
- § 10331 (a) The county superintendent of schools in each county, with the approval of the county board of education and the department, shall have the authority to…
- § 10332 The governing board of any school district or the county superintendent of schools may do the following: (a) Accommodate in a child development facility…
- § 10333 The employees of school districts or community college districts, or county superintendents of schools in preschool and other types of child development…
- § 10334 Notwithstanding any other provisions of this chapter, a public or private agency, a school district, a community college district or a county superintendent of…
- § 10335 Notwithstanding any other provision of this chapter, the governing board of a school district or community college district, county superintendent of schools,…
- § 10336 (a) The governing board of any school district or the county superintendent of schools shall establish in the county treasury a fund to be known as the “child…
- § 10337 The governing board of any school district maintaining a child development program may include in its budget the amount necessary to initiate, operate, and…
CHAPTER 19. Child Care Subsidy Plan for the City and County of San Francisco §§ 10350–10356 · 7 sections
- § 10350 The City and County of San Francisco may develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care…
- § 10351 Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county…
- § 10352 (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 10480, for approval. Upon approval of the plan by the…
- § 10353 (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the…
- § 10354 Any modifications to the plan shall be submitted in conformance with the procedures established in Chapter 18 (commencing with Section 10340).
- § 10355 A participating contractor shall receive any increase or decrease in funding that the contractor would have received if the contractor had not participated in…
- § 10356 Commencing on the effective date of the act that added this section, the components of the plan relating to preschool shall be overseen by the State Department…
CHAPTER 20. Individualized County of San Mateo Child Care Subsidy Plan §§ 10360–10366 · 7 sections
- § 10360 On and after July 1, 2014, the individualized county child care subsidy plan for the County of San Mateo that was developed as a pilot project pursuant to…
- § 10361 For purposes of this chapter, “county” means the County of San Mateo.
- § 10362 For purposes of this chapter, “plan” means an individualized county child care subsidy plan developed and approved as described in Section 10360, which…
- § 10363 (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Chapter 18…
- § 10364 (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature and the department…
- § 10365 A participating contractor shall receive any increase or decrease in funding that the contractor would have received if the contractor had not participated in…
- § 10366 Commencing on the effective date of the act that added this section, the components of the plan relating to preschool shall be overseen by the State Department…
CHAPTER 21. Child Care for Recipients of the CalWORKs Program §§ 10370–10376.5 · 15 sections
- § 10370 (a) It is the intent of the Legislature in enacting this chapter to ensure that recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3, or…
- § 10370.5 (a) Current CalWORKs recipients are eligible for all childcare services under this chapter as long as they continue to receive aid under Chapter 2 (commencing…
- § 10371 (a) The county welfare department shall manage the first stage during which a family shall receive a child care subsidy for any legal care chosen by the…
- § 10371.5 (a) As soon as appropriate, a county welfare department shall refer families needing child care services to the local child care resource and referral program…
- § 10372 (a) The second stage of child care begins when the county determines that the recipient’s work or approved work activity is stable or when a recipient is…
- § 10372.3 Nothing shall prohibit an administrator of an alternative payment program or agency administering CalWORKs Stage One or Stage Two programs, serving children 0…
- § 10372.5 (a) The third stage of childcare begins when a funded space is available. CalWORKs recipients are eligible for the third stage of childcare. Persons who…
- § 10373 Child care during the third stage may be funded with moneys dedicated to current and former recipients of aid under Chapter 2 (commencing with Section 11200)…
- § 10373.5 It is the intent of the Legislature that the department work with Head Start and state preschool programs to generate extended-day and evening care for…
- § 10374 It is the intent of the Legislature that each county receive funding for child care services provided in stage two that is at least equivalent to the amount of…
- § 10374.5 (a) Recipients of childcare services provided pursuant to this chapter shall be allowed to choose the childcare services of licensed childcare providers or…
- § 10375 (a) By January 31, 1998, the State Department of Education and the State Department of Social Services shall design a form for license-exempt child care…
- § 10375.5 Notwithstanding any other confidentiality requirement, the government or private agency administering subsidized child care services shall share information…
- § 10376 (a) County welfare departments and alternative payment programs shall provide to the department and the local planning council, on a monthly basis, data about…
- § 10376.5 (a) It is the intent of the Legislature in enacting this chapter to provide sufficient funding through an appropriation in the annual Budget Act to fund the…
CHAPTER 22. Child Development Program Personnel Qualifications §§ 10380–10387.5 · 13 sections
- § 10380 (a) (1) Child development programs shall include a career ladder program for classroom staff. Persons who are 18 years of age and older may be employed as…
- § 10380.5 Except as waived under Section 10242 and except as stated in Section 18203 of Title 5 of the California Code of Regulations regarding program directors in…
- § 10381 Not later than 95 days after the governing board of a public agency sets the date a person employed by that board shall begin service in a position requiring a…
- § 10381.5 Notwithstanding Sections 10380 and 10380.5, any person serving as a teacher or program director in a child care and development program that provides service…
- § 10382 Notwithstanding any other provision of law, a high school student or any other adult shall be selected by the governing board of a public or private agency as…
- § 10382.5 The same fee as that prescribed for a credential provided in Section 44235 of the Education Code shall be charged for either the issuance or renewal of each…
- § 10383 The Commission on Teacher Credentialing shall by rule or regulation establish the requirements for the following: (a) The issuance and the renewal of permits…
- § 10383.1 (a) Notwithstanding Sections 10380 and 10383, the Commission on Teacher Credentialing may issue an assistant teacher permit that authorizes the permitholder to…
- § 10383.5 Notwithstanding Section 10383 of this code or Section 80111 of Title 5 of the California Code of Regulations, on or before April 30, 2025, the Commission on…
- § 10384.5 Each county board of education, city and county board of education, or community college governing board may issue temporary certificates for the purpose of…
- § 10385 (a) A person employed by a public or private agency in a position requiring a child development permit for the supervision and instruction of children, or for…
- § 10387 Every employee of a child development program who before their employment in the program was employed by the agency maintaining such program in a position…
- § 10387.5 The Commission on Teacher Credentialing shall establish standards for the issuance of the permits herein provided for. The standards may be changed from time…
CHAPTER 22.5. Fraud and Overpayments § 10388 · 1 section
- § 10388 (a) (1) The State Department of Education, in consultation with the State Department of Social Services, county fraud investigators, and other fraud…
CHAPTER 23. Administrative Review §§ 10390–10402 · 13 sections
- § 10390 It is the intent of the Legislature to authorize an appeal process for the resolution of disputes between the department and local agencies which contract with…
- § 10391 (a) The department shall provide an internal appeal procedure to resolve a dispute between the department and a contracting agency providing child care and…
- § 10392 (a) The department shall provide an independent appeal procedure to each contracting agency providing child care and development services pursuant to Section…
- § 10393 All hearings required by Section 10392 shall be conducted according to the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section…
- § 10394 The Office of Administrative Hearings shall, by June 30, 1982, adopt regulations governing the hearings, which shall include all of the following: (a)…
- § 10395 The determination of the hearing examiner shall be the final administrative determination to be afforded the local contracting agency.
- § 10396 All actions by the department, as defined in subdivisions (a) and (b) of Section 10392 shall be preceded by a written notice of action to the local contracting…
- § 10397 (a) The department shall establish a contract classification system for purposes of identifying, monitoring, and providing technical assistance to contractors…
- § 10398 (a) A contracting agency that evidences any of the following acts or omissions may have its contract or contracts immediately terminated if there is documented…
- § 10399 (a) An agency that has in place or places a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or…
- § 10400 Except for causes listed in Sections 10398 and 10399, termination of a child care and development contract shall not occur without good cause and without…
- § 10401 Actions as defined in subdivision (a) of Section 10392 shall remain in effect during the appeal process. However, local contracting agencies may continue to…
- § 10402 All contracts entered into by the department pursuant to Section 10268.5 shall contain a complete description of the appeal procedures provided in this chapter.
CHAPTER 25. Building a Better Early Care and Education System §§ 10420–10429.5 · 23 sections
- § 10420 This chapter shall be known, and may be cited, as the Building a Better Early Care and Education System Act.
- § 10420.5 (a) The purpose of this chapter is to promote quality, access, and stability in the early care and education system by authorizing an appropriate unit of…
- § 10421 As used in this chapter: (a) “Certified provider organization” means a provider organization that is certified by the Public Employment Relations Board as the…
- § 10421.5 The state action antitrust exemption to the application of federal and state antitrust laws shall apply to the activities of family child care providers and…
- § 10422 (a) For purposes of this section, the Public Employment Relations Board, as established pursuant to Section 3541 of the Government Code, shall determine if an…
- § 10422.5 Family child care providers have the right to form, join, and participate in the activities of provider organizations of their own choosing. Family child care…
- § 10423 Family child care providers are not public employees, and this chapter does not create an employer-employee relationship between family child care providers…
- § 10423.5 This chapter does not alter the rights of families to select, direct, and terminate the services of family child care providers.
- § 10424 (a) An appropriate unit of family child care providers, as described in subdivision (h), may designate, in accordance with this chapter, the provider…
- § 10424.5 (a) The scope of representation shall not extend to the rights of families to select, direct, and terminate the services of family child care providers. The…
- § 10425 (a) The department and any other state department or agency administering a state-funded early care and education program shall permit the certified provider…
- § 10425.5 (a) The Governor, through the Department of Human Resources or the Governor’s designee, shall meet and confer in good faith regarding all matters within the…
- § 10426 (a) If an agreement is reached between the Governor, through the Department of Human Resources or the Governor’s designee, and the certified provider…
- § 10426.5 (a) Deductions may be requested by a certified provider organization from the subsidy payments of its provider members, and the Department of Human Resources…
- § 10427 (a) If a memorandum of understanding has expired, and the Governor or the Governor’s representative and the certified provider organization have not agreed to…
- § 10427.5 It is unlawful for the Department of Human Resources or the Governor’s designee, the department, or any state agency or department charged with the…
- § 10427.7 It is unlawful for any political subdivision, contractor, or subcontractor, charged with the administration of a state-funded early care and education program,…
- § 10428 It shall be unlawful for a provider organization or a certified provider organization to: (a) Cause or attempt to cause the Department of Human Resources or…
- § 10428.3 (a) An unfair practice charge alleging that a political subdivision, a contractor, or a subcontractor has committed a violation of Section 10427.7, or an…
- § 10428.5 (a) The powers and duties of the board described in Section 3541.3 of the Government Code, also apply, as appropriate, to this chapter. In implementing this…
- § 10428.7 (a) If online or group in-person preservice meetings or orientations are held for family child care providers by the state or a department, contractor,…
- § 10429 (a) This section shall apply only if a provider organization has been certified pursuant to Section 10424. (b) If the state, or a department, political…
- § 10429.5 To effectuate the purposes of this chapter, any training partnership that is established as a joint labor-management committee pursuant to paragraph (2) of…
CHAPTER 26. Direct Service Contract Procedure §§ 10430–10437 · 8 sections
- § 10430 The department shall develop an annual calendar identifying target dates for contract application deadlines, contract award announcements, contract approvals,…
- § 10431 The department shall develop and maintain a central distribution list for application announcements.
- § 10432 Application announcements shall contain, but not be limited to, the following information: the goals and objectives of the program, identification of the…
- § 10433 (a) The department shall include all of the following in the application announcement: (1) The time estimated for each step. (2) The specific staff names,…
- § 10434 The department shall identify and transmit to all agencies awarded direct service contracts forms required for contract payments, management information or…
- § 10435 The department shall develop a grievance procedure for resolving disputes arising from the awarding or administering of direct service contracts, in addition…
- § 10436 (a) The Legislature hereby finds and declares that greater efficiencies may be achieved in the execution of state-subsidized childcare and development program…
- § 10437 The department may execute a multiyear application process. Multiyear applications may only be submitted by public and private agencies that have been fully…
CHAPTER 27. Direct Service Contract Audit Requirements §§ 10440–10441 · 2 sections
- § 10440 As used in this chapter: (a) “Financial and compliance audit” means a systematic review or appraisal to determine each of the following: (1) Whether the…
- § 10441 (a) Child development contractors are encouraged to develop and maintain a reserve within the child development fund, derived from earned but unexpended funds.…
CHAPTER 30. Child Care and Development Facilities Capital Outlay §§ 10470–10475 · 6 sections
- § 10470 It is the intent of the Legislature that funds be appropriated for capital outlay for purposes of providing facilities for child care and development services…
- § 10471 (a) All of the following child care and development programs, other than those providing extended day care services, shall be eligible to receive a loan for…
- § 10472 (a) There is hereby created in the State Treasury the State Child Care Capital Outlay Fund. Notwithstanding Section 13340 of the Government Code, all moneys in…
- § 10473 (a) The State Allocation Board shall establish regulations for the allocation of funds for capital outlay and for the reimbursement of initial utility…
- § 10474 The State Allocation Board may use an amount not to exceed four hundred thousand dollars ($400,000), or 4 percent of the total funds available for the purposes…
- § 10475 (a) The State Allocation Board may use up to 5 percent of any appropriation for the purposes of this chapter to provide loans to private nonsectarian child…
CHAPTER 31. Local Planning Councils §§ 10480–10487 · 4 sections
ARTICLE 1. Definitions § 10480 · 1 section
- § 10480 For purposes of this chapter, the following definitions shall apply: (a) “Block grant” means the block grant contained in Title VI of the Child Care and…
ARTICLE 2. Membership and Funding of Local Child Care Development Planning Councils §§ 10485–10487 · 3 sections
- § 10485 (a) It is the intent of the Legislature that local child care and development planning councils shall provide a forum for the identification of local…
- § 10486 (a) The department shall allocate child care funding pursuant to this part based on the amount of state and federal funding that is available. (b) By May 30 of…
- § 10487 It is the intent of the Legislature that any additional conditions imposed upon local planning councils shall be funded from available federal funds to the…
CHAPTER 32. Head Start § 10490 · 1 section
- § 10490 The Legislature finds and declares all of the following: (a) The Congress has recognized the importance of the transfer from preschool to primary school.…
CHAPTER 33. Expulsion and Suspension Procedures in Childcare and Development Services Programs §§ 10491–10491.1 · 2 sections
- § 10491 For purposes of this chapter, the following terms shall apply: (a) “Expulsion” means the permanent dismissal of a child from a program in response to a child’s…
- § 10491.1 (a) (1) Except as authorized by paragraph (3), a program shall not do either of the following: (A) Expel or unenroll a child because of a child’s behavior. (B)…
CHAPTER 34. Whole Child Community Equity §§ 10492–10492.2 · 3 sections
- § 10492 This chapter shall be known, and may be cited, as the End Racial and Economic Inequities in Childcare in California Initiative.
- § 10492.1 (a) The State Department of Social Services, in consultation with the State Department of Education, and with input from early childhood stakeholders, shall…
- § 10492.2 (a) (1) The State Department of Social Services, in consultation with the State Department of Education, shall convene a public workgroup to provide…