reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 10397 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 23 - Administrative Review|Section 10397.

10397.  (a) The department shall establish a contract classification system for purposes of identifying, monitoring, and providing technical assistance to contractors as follows:(1) Clear contract. This designation shall be given to a contract that is neither a provisional contract, as described in paragraph (2), nor a conditional contract, as described in paragraph (3).(2) Provisional contract. This designation applies to an agency’s first contract for any particular service or to the contract of an existing contracting agency for a new, modified, or different type of service. The timeframe of a provisional contract is at the discretion of the department and is given to ensure that the contracting agency can demonstrate fiscal and programmatic compliance before the contract is designated as a clear contract. The contract status shall be reviewed annually.(3) Conditional contract. This designation applies to a high-risk contract awarded to a contracting agency that evidences fiscal or programmatic noncompliance, or both fiscal and programmatic noncompliance. A contracting agency with one or more contracts designated as conditional is deemed to be on conditional status with the department for all child care and development program purposes and is subject to any restrictions deemed reasonable to secure compliance. The conditional contract shall include a bill of particulars detailing the items of noncompliance, the standards that must be met to avoid termination of contract and to qualify the agency for clear contract status, and technical assistance plan. Failure to demonstrate substantive progress toward fiscal or program compliance within six months of that designation shall constitute a breach of contract and may subject the contract to termination for any applicable cause specified in Section 10398 or 10400, in accordance with Section 10392.(b) Agencies with conditional contracts shall receive technical assistance from the Child Care and Development Division of the department.(c) Notwithstanding subdivision (b), technical assistance shall be provided to any contracting agency making a written request to its assigned consultant or administrator within 60 days of receipt of the request.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10398 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 23 - Administrative Review|Section 10398.

10398.  (a) A contracting agency that evidences any of the following acts or omissions may have its contract or contracts immediately terminated if there is documented evidence of the acts or omissions, and upon review and recommendation of the general counsel of the department:(1) Fraud, or conspiracy to defraud.(2) Misuse or misappropriation of state or federal funds, including a violation of Section 10399.(3) Embezzlement.(4) Threats of bodily or other harm to a state official.(5) Bribery or attempted bribery of a state official.(6) Unsafe or unhealthy physical environment or facility.(7) Substantiated abuse or molestation of children.(8) Failure to report suspected child abuse or molestation.(9) Theft of supplies, equipment, or food.(10) Cessation of operations without the permission of the department, or acts or omissions evidencing abandonment of the contract or contracts.(11) Failure of a program operating pursuant to Chapter 3 (commencing with Section 10225) or Chapter 21 (commencing with Section 10370) to fully reimburse a significant number of approved child care providers, as determined by the department, within 15 calendar days after the date set in the plan for timely payments to child care providers adopted by the contracting agency pursuant to Section 18226 of Title 5 of the California Code of Regulations, unless the failure is attributable to a delay in receiving apportionments from the state.(12) Failure of a program operating pursuant to this chapter to pay salaries owed to employees, pay federal payroll tax, or fully reimburse a significant number of child care providers, as determined by the department, affiliated with a contracting agency pursuant to Chapter 8 (commencing with Section 10250) for more than 15 days after the employee salaries, federal payroll taxes, or reimbursement payments were due, unless the failure is attributable to a delay in receiving apportionments from the state.(b) An agency whose contract is immediately terminated pursuant to this section retains appeal rights in accordance with Section 10392.(c) Notwithstanding any service provision in the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), a notice of immediate termination shall be served on the contracting agency by personal service or at the last address on file with the department, by overnight mail or certified mail. Service may be proved in the manner authorized in a civil action. Service by mail is complete at the time of deposit.(d) The department shall advise child care and development contractors of the provisions of this section within 30 working days of the effective date of the act amending this section during the 2013–14 Regular Session of the Legislature.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10399 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 23 - Administrative Review|Section 10399.

10399.  (a) An agency that has in place or places a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds, or a state or federal crime involving moral turpitude, may have its contract immediately terminated pursuant to Section 10398 if there is documented evidence of the conviction, and upon review and recommendation of the general counsel of the department.(b) For purposes of this section, “position of fiscal responsibility or control” includes any authority to direct or control expenditure of, or any access to, state or federal child care and development funds received pursuant to this chapter whether that authority or access is conferred based on the person’s status as an employee, director, manager, board member, or volunteer, or based on any other status.(c) If the agency provides evidence to the department, before the effective date given in the notice of immediate termination, that the convicted person has been removed from the position of fiscal responsibility or control and provides assurance that the person will not be returned to a position of fiscal responsibility or control, the department shall withdraw the termination action.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10400 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 23 - Administrative Review|Section 10400.

10400.  Except for causes listed in Sections 10398 and 10399, termination of a child care and development contract shall not occur without good cause and without notice as described in Section 10396 at least 90 days before the effective date given in the notice of termination.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10401 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 23 - Administrative Review|Section 10401.

10401.  Actions as defined in subdivision (a) of Section 10392 shall remain in effect during the appeal process. However, local contracting agencies may continue to operate under the contract during an appeal of termination, unless the action is an immediate termination action taken pursuant to Sections 10398 and 10399, in which case a contracting agency shall not continue to operate under the contract after the effective date given in the notice of immediate termination.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10402 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 23 - Administrative Review|Section 10402.

10402.  All contracts entered into by the department pursuant to Section 10268.5 shall contain a complete description of the appeal procedures provided in this chapter.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10420 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10420.

10420.  This chapter shall be known, and may be cited, as the Building a Better Early Care and Education System Act.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10420.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10420.5.

10420.5.  (a) The purpose of this chapter is to promote quality, access, and stability in the early care and education system by authorizing an appropriate unit of family child care providers to choose a provider organization to act as their unit’s representative on all matters specified in this chapter. It is also the purpose of this chapter to promote full communication between family child care providers and the state by permitting a provider organization certified as the representative of family child care providers to meet and confer with the state regarding matters within the scope of representation and other areas as mutually agreed upon in negotiations.(b) This chapter is not intended to change the family child care providers’ status as employees or independent business owners or classify family child care providers as public employees.(c) This chapter is not intended to change or interfere with the requirements governing licensing or enforcement thereof set forth in the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code).(d) This chapter is not intended to interfere with the ability of the state, the department, another department or agency, or a political subdivision of the state to comply with the requirements of federal grants or federal funding.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10421.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10421.5.

10421.5.  The state action antitrust exemption to the application of federal and state antitrust laws shall apply to the activities of family child care providers and their representatives authorized under this chapter.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10422.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10422.5.

10422.5.  Family child care providers have the right to form, join, and participate in the activities of provider organizations of their own choosing. Family child care providers also have the right to refuse to join or participate in the activities of provider organizations. This chapter does not change the rights of family child care providers to represent themselves individually in their relations with the state, agencies or departments of the state, contractors of the state, parents, or others, or their rights to speak to and petition the government with respect to all aspects of the state’s early care and education program or any other topic.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10423 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10423.

10423.  Family child care providers are not public employees, and this chapter does not create an employer-employee relationship between family child care providers and the state, any agency or department of the state, any political subdivision of the state, or a contractor or subcontractor administering a state-funded early care and education program, for any purpose, including, but not limited to, eligibility for health or retirement benefits, workers’ compensation, unemployment insurance, liability under the Labor Code or state wage orders, or vicarious liability in tort. This chapter does not alter the status of a family child care provider as a business owner, an employee of a family, or a contractor.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10423.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10423.5.

10423.5.  This chapter does not alter the rights of families to select, direct, and terminate the services of family child care providers.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10424.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10424.5.

10424.5.  (a) The scope of representation shall not extend to the rights of families to select, direct, and terminate the services of family child care providers. The scope of representation shall be limited to the following:(1) Improvement of recruitment and retention of providers.(2) Joint labor-management committees, including the training partnership described in Section 10429.5.(3) Grievance arbitration.(4) Professional development and training for providers, including preservice and ongoing inservice training and training on supporting dual language learners in their biliteracy and overall development.(5) Contributions to a certified provider organization-administered benefit trust fund.(6) Payment and payment reporting procedures for state-funded early care and education programs.(7) Reimbursement rates including, but not limited to, rate add-ons for providers who complete additional training; and other economic matters.(8) The deduction of membership dues and other voluntary deductions authorized by individual providers and allocation of the costs of implementing that deduction system.(9) Strike and lockout provisions.(10) Confidentiality of information exchanged between parties consistent with state and federal law.(11) Management and certified provider organization rights clauses.(12) Any standard contract clauses necessary to effectuate a memorandum of understanding, including an entire agreement or integration clause, savings clause, or duration clause.(13) Impacts on providers’ delivery of services, as a result of changes in regulations, rules, or resolutions, including, but not limited to, those that impact providers in regards to licensing and child care quality measures. However, the decision to promulgate, the content of a regulation, rule, or resolution, and the enforcement of a regulation, rule, or resolution are not within the scope of representation, and shall not be a subject of meeting and negotiating.(14) The structure, time, and manner of certified provider organization access to preservice meetings and orientations, as set forth in Section 10428.7.(b) All matters not specifically enumerated are reserved to the state and may not be a subject of meeting and negotiating, except that this section does not limit the right of the state to consult and reach agreement with any certified provider organization on any matter outside the scope of representation. Any matter outside the enumerated subjects listed in this section agreed to by the parties in a memorandum of understanding shall not be considered a mandatory subject of bargaining.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10425 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10425.

10425.  (a) The department and any other state department or agency administering a state-funded early care and education program shall permit the certified provider organization to participate in a stakeholder meeting convened to provide input regarding proposed rules and regulations that are subject to the procedures set forth in Chapter 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code and that are within the scope of representation, as described in Section 10424.5.(b) Except in cases of an emergency as provided in this section, the Governor, through the Department of Human Resources, or the Governor’s designee shall give reasonable written notice to the certified provider organization of any rule, resolution, or regulation directly relating to matters within the scope of representation, as described in Section 10424.5, proposed to be adopted by the department, or the State Department of Education, and shall give the certified provider organization the opportunity to meet and confer with the Governor, through the Department of Human Resources, or the Governor’s designee.(c) In cases of an emergency where the Governor, through the Department of Human Resources, determines that a rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the certified provider organization, the Department of Human Resources or the Governor’s designee shall provide a notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of that rule, resolution, or regulation.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10425.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10425.5.

10425.5.  (a) The Governor, through the Department of Human Resources or the Governor’s designee, shall meet and confer in good faith regarding all matters within the scope of representation with representatives of a certified provider organization and, before arriving at a determination of policy or course of action, shall fully consider the presentations made by the certified provider organization on behalf of the family child care providers it represents.(b) Unless the Governor otherwise so designates, the Department of Human Resources shall be the representative of the Governor to meet and confer regarding the scope of representation with representatives of the certified provider organization defined in subdivision (a) of Section 10421, for family child care providers and to carry out the professional functions and responsibilities in labor relations matters in accordance with this chapter.(c) As used in this section, “meet and confer in good faith” means that the Governor, through the Department of Human Resources or the Governor’s designee, and representatives of the certified provider organization shall have the mutual obligation to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to freely exchange information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The duty to meet and confer in good faith also requires the parties to begin negotiations sufficiently in advance of the adoption of the state’s final budget for the ensuing fiscal year so that there is adequate time for agreement to be reached before the adoption of the final budget and for the resolution of an impasse.(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
CA Welf & Inst Code § 10426 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 1.8 - Child Care and Development Services Act|CHAPTER 25 - Building a Better Early Care and Education System|Section 10426.

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