reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 21 - Child Care for Recipients of the CalWORKs Program › Section 10376.

10376. (a) County welfare departments and alternative payment programs shall provide to the department and the local planning council, on a monthly basis, data about child care usage and demand in each of the three stages. The department shall forward this data quarterly to the Department of Finance and the Joint Legislative Budget Committee for fiscal planning.
(b) By January 10 of each year, the Department of Finance shall present to the respective legislative budget committees an estimate of the cost of funding the expected demand for child care as described in subdivision (a) of Section 10371 and Sections 10372 and 10372.5.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 21 - Child Care for Recipients of the CalWORKs Program › Section 10376.5.

10376.5. (a) It is the intent of the Legislature in enacting this chapter to provide sufficient funding through an appropriation in the annual Budget Act to fund the estimated cost of providing child care for all individuals who are anticipated to need child care to participate in the welfare-to-work programs and to transition to work.
(b) It is the intent of the Legislature that child care and development contracts in existence on the effective date of this section be allowed to continue until the end of the 1997–98 fiscal year.
(c) Funding for purposes of implementing this chapter shall be appropriated in the annual Budget Act.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10380.

10380. (a) (1) Child development programs shall include a career ladder program for classroom staff. Persons who are 18 years of age and older may be employed as aides and may be eligible for salary increases upon the completion of additional semester units in early childhood education or child development. The governing board of each contracting agency shall be encouraged to provide teachers and aides with salary increases for the successful completion of early childhood education or child development courses in six semester unit increments.
(2) Persons employed as teachers shall possess a permit issued by the Commission on Teacher Credentialing authorizing service in the care, development, and instruction of children in a child care and development program.
(b) A person who meets the following criteria is eligible to serve in an instructional capacity in a child care and development program:
(1) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics.
(2) Twelve units in early childhood education or child development, or both, or two years’ experience in early childhood education or a child care and development program.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10380.5.

10380.5. Except as waived under Section 10242 and except as stated in Section 18203 of Title 5 of the California Code of Regulations regarding program directors in schoolage community child care services programs, any entity operating child care and development programs providing direct services to children, as defined in Section 10242, at two or more sites, shall employ a program director who possesses one of the following:
(a) A permit issued by the Commission on Teacher Credentialing authorizing supervision of a child care and development program operating in multiple sites.
(b) Any person who meets the following criteria is eligible to supervise a child care and development program operating in multiple sites and serve in an instructional capacity in a child care and development program:
(1) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics.
(2) Six units in administration and supervision of early childhood education or child development, or both. The requirement set forth in this paragraph does not apply to any person who was employed as a program director prior to January 1, 1993, in a child care and development program receiving funding under this chapter.
(3) Twelve units in early childhood education or child development, or both, or at least two years’ experience in early childhood education or a child care and development program.
(c) A waiver issued by the department pursuant to Section 10242.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10381.

10381. Not later than 95 days after the governing board of a public agency sets the date a person employed by that board shall begin service in a position requiring a children’s center instructional permit or a children’s center supervision permit, that person shall file, on or before that date, with the county superintendent of schools a valid permit issued on or before that date, authorizing the person to serve in a position for which the person was employed. Upon renewal of that permit, that person shall file that renewal with the county superintendent of schools no later than 95 days after the renewal.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10381.5.

10381.5. Notwithstanding Sections 10380 and 10380.5, any person serving as a teacher or program director in a child care and development program that provides service to severely disabled children, as defined in Section 10213.5, pursuant to subdivision (d) of Section 10260, shall hold an appropriate child care and development permit, be deemed to hold that permit pursuant to subdivision (b) of Section 10380 or pursuant to Section 10380.5, or meet one or more of the following options:
(a) Is a teacher meeting one of the following criteria:
(1) Has completed all the following:
(A) Twenty-four semester units of coursework, with a “C” or better average, from an accredited institution in any one or a combination of the following areas: psychology, sociology, special education, physical education, recreation therapy, vocational education, early childhood education, and child development.
(B) Sixteen semester units of coursework in general education, including one course in each of the following areas: humanities, social sciences, math or science, or both, and English.
(C) Completed one of the following:
(i) Two experience periods as a paid aide or assistant in a program serving children with exceptional needs or children who are severely disabled.
(ii) Three experience periods as a volunteer in an instructional capacity in a program serving children with exceptional needs or children who are severely disabled.
(iii) (I) Two or more semester units of supervised field coursework in a child care and development program at an accredited institution, plus one experience period in a program serving children with exceptional needs or children who are severely disabled.
(II) For purposes of this subparagraph, “experience period” means paid or volunteer services in a program serving children with exceptional needs or children who are severely disabled for not less than 200 hours. Those services shall have been provided for a minimum of two hours per day during not more than 36 consecutive months.
(2) Holds a California special education credential.
(b) Is a program director meeting one of the following criteria:
(1) Holds a California special education credential.
(2) Holds a professional credential, license, or masters degree in psychology, social work, special education, physical education, recreation therapy, vocational education, counseling, early childhood education, or child development, and has completed six semester units of administration and supervision of early childhood education or child development programs, or both.
(c) Was employed prior to January 1, 1993, as a teacher or program director in a child care and development program that provides services to severely disabled children.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10382.

10382. Notwithstanding any other provision of law, a high school student or any other adult shall be selected by the governing board of a public or private agency as defined in Section 10221 to serve as nonteaching personnel to perform noninstructional work. A career ladder shall be utilized in the employment and promotion of such noninstructional personnel. Each such person shall have had a health examination made within the 12-month period preceding the date of employment. Each person shall also submit duplicate personal identification cards upon which shall appear legible fingerprints and a personal description of the applicant.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10382.5.

10382.5. The same fee as that prescribed for a credential provided in Section 44235 of the Education Code shall be charged for either the issuance or renewal of each child development permit authorizing service in the supervision and instruction of children in child development programs or authorizing service as a supervisor in a program.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10383.

10383. The Commission on Teacher Credentialing shall by rule or regulation establish the requirements for the following:
(a) The issuance and the renewal of permits authorizing service in the care, development, and instruction of children in child care and development programs, as well as the issuance of emergency permits for this purpose.
(b) The issuance and renewal of permits authorizing supervision of a child care and development program, as well as the issuance of emergency permits for this purpose.
(c) The periods of duration of the permits set forth in this section.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10384.5.

10384.5. Each county or city and county board of education or community colleges board may issue temporary certificates for the purpose of authorizing salary payments to child development employees whose child development permit applications are being processed. The applicant for such a temporary certificate shall make a statement under oath that the employee has duly filed their application for a permit together with the required fee and that to the best of their knowledge no reason exists why the employee should not be issued a permit. A certificate shall be valid for not more than 90 schooldays and only until the permit originally requested is either issued or denied by the Commission for Teacher Preparation and Licensing.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10385.

10385. (a) A person employed by a public or private agency in a position requiring a child development permit for the supervision and instruction of children, or for service as a physician, dentist, or nurse, or in the supervision of the child development program, shall be deemed to be employed in a position requiring certification qualifications.
(b) Each other person employed by an agency in a child development program under the provisions of this chapter shall be deemed for all purposes, including retirement, to be a person employed by the agency in a position not requiring certification qualifications.
(c) A district may lay off an employee required to have such a permit at any time during the school year for lack of work or lack of funds or may provide for the employee’s employment for not to exceed 90 days in any one school year on an intermittent basis which shall not be deemed probationary service. The order of layoff shall be determined by length of service. The employee who has served the shortest time shall be laid off first, except that no permanent employee shall be laid off ahead of a probationary employee. A permanent employee who has been laid off shall hold reinstatement rights for a period of 39 months from the date of layoff.
(d) Service performed prior to September 18, 1959, shall not be included in computing the service required as a prerequisite for attainment of, or eligibility to, classification as a permanent child development employee.
(e) A person who is employed by an agency as a probationary employee in a position requiring a child development permit for the supervision and instruction of children, or for service as a physician, dentist, or nurse, or in the supervision of the children’s program and who has served in such a position for three complete consecutive school years as defined in Section 44908 or 87468 and Section 44975 of the Education Code or Section 87776 of the Education Code immediately prior to September 18, 1959, may be dismissed only in accordance with the provisions of Section 44949 or 87740 of the Education Code.
(f) Other persons who are employed as probationary employees in positions requiring such permits on or after September 18, 1959, may be dismissed in accordance with the provisions of Section 44949 or 87740 of the Education Code.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10387.

10387. Every employee of a child development program who before their employment in the program was employed by the agency maintaining such program in a position entitling the employee to membership in, and who was a member of, the retirement system maintained by such district, and if such employee’s contributions to such retirement system were returned to the employee when the employee was employed in the program, such employee shall have the right to elect, by written document filed with the Board of Administration, Public Employees’ Retirement System, at any time within 90 days after the date upon which the notice of the right to make such election is mailed by such system, either to the member’s latest address on file in the office of such system, or to the office of the governing board of such agency or agencies, and prior to the date of retirement, to contribute to such system, subject to minimum payments fixed by the Board of Administration, and in one or more sums, or in not to exceed 60 monthly payments, an amount which, when added to the employee’s accumulated contributions, including interest, transferred as required in paragraph (1) of subdivision (b) of Section 24810 of the Education Code, will make a total amount equal to the accumulated contributions, including interest, which would have been credited to the employee in such plan, if the employee had never had their contributions returned to them. Such employee shall pay to the Public Employees’ Retirement System interest on the unpaid balance of the amount payable to such system, beginning with the date of transfer, at the rate of interest currently used from time to time under the system. If such employee elects to make, and makes, such contributions and pays such interest, but not otherwise, the employee shall receive credit under such employees’ system, as state service, for all prior service rendered while the employee was not a member of such plan.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 22 - Child Development Program Personnel Qualifications › Section 10387.5.

10387.5. The Commission on Teacher Credentialing shall establish standards for the issuance of the permits herein provided for. The standards may be changed from time to time, but changes therein shall not affect then valid permits issued to persons.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 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 10390.

10390. It is the intent of the Legislature to authorize an appeal process for the resolution of disputes between the department and local agencies which contract with the department to provide child care and development services or to furnish property, facilities, personnel, supplies, equipment and administrative services.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 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 10391.

10391. (a) The department shall provide an internal appeal procedure to resolve a dispute between the department and a contracting agency providing child care and development services pursuant to Section 10268.5 regarding the interpretation or application of a term or condition of a contract, or to dispute a finding made by the department resulting from a fiscal or programmatic review, including, but not limited to, an error rate notification.
(b) A contracting agency shall have the right to appeal the findings of a fiscal or programmatic review, including, but not limited to, an error rate finding, by submitting a request for appeal in accordance with the internal appeal procedure developed by the department pursuant to subdivision (a).
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 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 10392.

10392. (a) The department shall provide an independent appeal procedure to each contracting agency providing child care and development services pursuant to Section 10268.5 that shall be conducted by the Office of Administrative Hearings and shall be provided upon an appeal petition of the contracting agency in any of the following circumstances:
(1) Termination of a contracting agency’s contract.
(2) Denial of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s contracted payment for services schedule.
(3) Demand for remittance of an overpayment of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s annual contract.
(b) Before filing an appeal petition for an action taken pursuant to paragraph (2) or (3) of subdivision (a), the contracting agency shall have submitted all previously required standard monthly or quarterly reporting forms to the department.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 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 10393.

10393. All hearings required by Section 10392 shall be conducted according to the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), except as otherwise directed in this chapter.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 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 10394.

10394. The Office of Administrative Hearings shall, by June 30, 1982, adopt regulations governing the hearings, which shall include all of the following:
(a) Deadlines for filing petitions, commencing hearings and rendering decisions.
(b) Notice to affected parties.
(c) The manner for maintaining appropriate provision for electronic recording and transcription, if necessary.
(d) Hearings shall be conducted at the offices of the Office of Administrative Hearings in Sacramento or Los Angeles. However, hearings in Los Angeles shall be available only to local contracting agencies with the department whose annual contracts total less than two hundred thousand dollars ($200,000).
(e) Any other issues deemed appropriate by the Office of Administrative Hearings.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 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 10395.

10395. The determination of the hearing examiner shall be the final administrative determination to be afforded the local contracting agency.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 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 10396.

10396. All actions by the department, as defined in subdivisions (a) and (b) of Section 10392 shall be preceded by a written notice of action to the local contracting agency which shall include the following:
(a) A statement of the specific reasons for the action in the Statement of Issues.
(b) A description of the local contracting agency’s rights and responsibilities concerning the appeal procedure described herein.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)