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 3 - Alternative Payment Programs › Section 10230.5.

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 right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the department’s Community Care Licensing Division.
(b) A written or oral advisement in substantially the following form will comply with the requirements of subdivision (a):
“State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services’ Community Care Licensing Division. You have the right to access any public information in these files.”
(c) Every program operating pursuant to this chapter shall, within two days of receiving notice, remove from the program’s referral list the name of any licensed child day care facility with a revocation or a temporary suspension order or that is on probation.
(d) A program operating pursuant to this chapter shall, within two business days of being notified of a revocation or a temporary suspension order for a licensed child day care facility, do both of the following:
(1) Terminate payment to the facility.
(2) Notify each parent and the facility in writing that payment has been terminated and the reason for the termination.
(e) A program operating pursuant to this chapter shall, upon being notified that a licensed child day care facility has been placed on probation, provide written notice to each parent utilizing the facility that the facility has been placed on probation and that the parent has the option of selecting a different child day care provider or remaining with the facility without risk of subsidy payments to the provider being terminated. The Legislature urges each agency operating pursuant to this section to provide the written notice required by this subdivision in the primary language of the parent, to the extent feasible.
(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 3 - Alternative Payment Programs › Section 10231.

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, maintain, and administer a system to consolidate local child care waiting lists so as to establish a countywide centralized eligibility list. In those counties with more than one alternative payment agency, the agency that also administers the resource and referral program shall have the responsibility of developing, maintaining, and administering the countywide centralized eligibility list. In those counties with more than one alternative payment agency and more than one resource and referral program, the department shall establish a process to select the agency to develop, maintain, and administer the countywide centralized eligibility list.
(b) Notwithstanding subdivision (a), in those counties in which a countywide centralized eligibility list exists the entity administering that list may receive funding, instead of the entity specified under subdivision (a).
(c) Each centralized eligibility list shall include all of the following:
(1) Family characteristics, including ZIP Code of residence, ZIP Code of employment, monthly income, and size.
(2) Child characteristics, including birth date and whether the child has special needs.
(3) Service characteristics, including reason for need, whether full-time or part-time service is requested, and whether after hours or weekend care is requested.
(d) Information collected for the centralized eligibility list shall be reported to the department on an annual basis on the date and in the manner determined by the department.
(e) (1) To be eligible to enter into an agreement with the department to provide subsidized child care, a contractor shall participate in and use the centralized eligibility list.
(2) A contractor with a campus child care and development program operating pursuant to Section 66060 of the Education Code, migrant child care and development program operating on a seasonal basis pursuant to Section 10235, or program serving children with severe disabilities pursuant to subdivision (d) of Section 10260 and who has a local site waiting list shall submit eligibility list information to the centralized eligibility list administrator for any parent seeking subsidized child care for whom these programs are not able to provide child care and development services. A child care and development contractor or program described in this paragraph may utilize any waiting lists developed at its local site to fill vacancies for its specific population. Families enrolled from a local site waiting list shall be enrolled pursuant to Section 10271.
(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 3 - Alternative Payment Programs › Section 10231.5.

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 license-exempt child care providers that have a contract with that alternative payment program, including, but not limited to, direct deposit. A child care provider may choose to receive payments via electronic banking at the child care provider’s option. The child care provider may, but is not required to, authorize payment to be directly deposited by an electronic fund transfer into the child care provider’s account at the financial institution of their choice.
(2) Nothing in this subdivision shall preclude an alternative payment program that has an electronic banking program in place before the effective date of this subdivision from continuing to require a child care provider, including child care centers and family child care homes, to accept direct deposit or another form of electronic payment after the effective date of this subdivision.
(b) An alternative payment program shall include a description of the payment to the child care provider, by child served and month of service covered by the payment.
(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 3 - Alternative Payment Programs › Section 10232.

10232. (a) Alternative payment programs and providers operating or providing services pursuant to this chapter may maintain records electronically, in compliance with state and federal standards, as determined by the department. Any conversion from a paper record to an electronic format, as well as the storage of the electronic record, shall comply with the minimum standards described in Section 12168.7 of the Government Code and the standards for trustworthy electronic document or record preservation described in Chapter 15 (commencing with Section 22620.1) of Division 7 of Title 2 of the California Code of Regulations.
(b) The records shall be retained by each contractor for at least five years, or, where an audit has been requested by a state agency, until the date the audit is resolved, whichever is longer.
(c) This section does not require an alternative payment program or provider to create records electronically.
(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 3 - Alternative Payment Programs › Section 10232.5.

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 federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of a digital signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied.
(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 3 - Alternative Payment Programs › Section 10233.

10233. Alternative payment programs and providers operating or providing services pursuant to this chapter may use digital forms to allow families to apply for services, if those forms comply with state and federal standards.
(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 3 - Alternative Payment Programs › Section 10234.

10234. An alternative payment agency, including, but not limited to, an alternative payment agency for migrant child care and development programs established pursuant to Chapter 6 (commencing with Section 10235), shall provide to the department, on a monthly basis, data about child care caseload in the alternative payment program established pursuant to this chapter and migrant child care and development programs established pursuant to Chapter 6 (commencing with Section 10235). This data shall include county-by-county caseload, expenditures, unit costs, family fees, and other key variables requested by the department to determine any additional state allocations to these programs and for purposes of emergency response.
(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 6 - Migrant Child Care and Development Programs › Section 10235.

10235. The department shall administer all migrant child care and development programs. In addition, the department shall support and encourage the state-level coordination of all agencies that offer services to migrant children and their families and state-level coordination of existing health funds for migrants.
(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 6 - Migrant Child Care and Development Programs › Section 10236.

10236. (a) For the purpose of this chapter, a “migrant agricultural worker family” means a family that has earned at least 50 percent of its total gross income from employment in fishing, agriculture, or agriculturally related work during the 12-month period immediately preceding the date of application for child care and development services.
(b) Children of migrant agricultural worker families shall be enrolled in child development programs on the basis of the following priorities:
(1) The family moves from place to place.
(2) The family has qualified under paragraph (1) within the past five years and is currently dependent for its income on agricultural employment, but is currently settled near agricultural areas.
(3) The family resides in a rural agricultural area and is dependent upon seasonal agricultural work.
(4) Eligibility and priority for services for the federally funded Migrant Child Development Program shall be in accordance with the applicable federal regulations.
(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 6 - Migrant Child Care and Development Programs › Section 10237.

10237. The department shall develop appropriate migrant child care and development programs, quality indicators, including those prescribed in subdivisions (a) to (h), inclusive, and (k) to (m), inclusive, of Section 10208, and the following:
(a) Social services.
(1) Bilingual liaison between migrant parents and the center or family child care home, or both.
(2) Liaison between the agency and the relevant community agencies and organizations, including health and social services.
(3) Identification and documentation of family needs and followup referrals as appropriate.
(b) Staffing.
(1) Bilingual health personnel shall be available to each program site of a migrant child care and development agency.
(2) Professional and nonprofessional staff shall reflect the linguistic and cultural background of the children being served.
(3) Whenever possible, migrants will be recruited, trained, and hired in child care and development programs. Documentation of training and career ladder opportunities and of recruitment and hiring efforts shall be provided to the department. Staff training shall include principles and practices of child care and development for the age groups of children being served.
(c) Health services in migrant child care and development programs shall include health and dental screening and followup treatment. Health records for all migrant children shall follow the child.
(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 6 - Migrant Child Care and Development Programs › Section 10238.

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 the program. State-funded programs may be eligible for Chapter I federal funds to supplement state funding. These funds shall not be contingent upon the provision of additional child days or enrollment.
(b) The department shall annually reimburse seasonal migrant child care and development agencies for approvable startup and closedown costs. Reimbursement for both startup and closedown costs shall not exceed 15 percent of each agency’s total contract amount.
(c) Seasonal migrant child care and development agencies shall submit reimbursement claims for startup costs with their first monthly reports, and reimbursement claims for closedown costs with their final reports.
(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 7 - General Child Care and Development Programs › Section 10240.

10240. The department, with funds appropriated for this purpose, shall administer general child care and development programs. General child care and development programs shall include:
(a) Age and developmentally appropriate activities for children.
(b) Supervision.
(c) Parenting education and parent involvement.
(d) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies.
(e) Health services.
(f) Nutrition.
(g) Training and career ladder opportunities, documentation of which shall be provided 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 7 - General Child Care and Development Programs › Section 10241.

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 to, the following:
(a) Care for schoolage children during nonschool hours.
(b) Weekend care.
(c) Night shift care.
(d) Worksite care.
(e) Temporary emergency child care.
(f) Child care for ill 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 7 - General Child Care and Development Programs › Section 10243.

10243. The department shall annually monitor funding used in general child care and development programs for infants and toddlers and shall annually report to the Department of Finance and to the Legislature a statewide summary identifying the estimated funding used for infants and toddlers, and the number of preschool age children receiving part-day preschool and wraparound child care services. The annual report shall include a comparison to the prior year on a county-by-county basis.
(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 8 - Family Child Care Home Education Networks › Section 10250.

10250. (a) The department, with funds appropriated for this purpose, shall contract with entities organized under law to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized child care.
(b) Family child care home education network programs shall include, but are not limited to, all of the following:
(1) Age and developmentally appropriate activities for children.
(2) Care and supervision of children.
(3) Parenting education.
(4) Identification of child and family social or health needs and referral of the child or the family to the appropriate social or health services.
(5) Nutrition.
(6) Training and support for the family child care home education network’s family child care providers and staff.
(7) Assessment of each family child care provider to ensure that services are of high quality and are educationally and developmentally appropriate.
(8) Developmental profiles for children enrolled in the program.
(9) Parent involvement.
(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 8 - Family Child Care Home Education Networks › Section 10251.

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 following:
(a) Recruit, enroll, and certify eligible families.
(b) Recruit, train, support, and reimburse licensed family child care providers.
(c) Collect family fees in accordance with contract requirements.
(d) Assess, according to standards set by the department, the educational quality of the program offered in each family child care home in the network.
(e) Assure that a developmental profile is completed for each child based upon observations of network staff, in consultation with the provider.
(f) Monitor requirements, including quality standards, and conduct periodic assessments of program quality in each family child care home affiliated with the network.
(g) Ensure that basic health and nutrition requirements are met.
(h) Provide data and reporting in accordance with contract requirements.
(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 8 - Family Child Care Home Education Networks › Section 10252.

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 rates. This chapter does not require the department to modify its contracting procedure that was in effect for a family child care home education network prior to January 1, 2005.
(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 9 - Child Care and Development Services for Children with Special Needs › Section 10260.

10260. (a) The department shall ensure that eligible children with exceptional needs are given equal access to all child care and development programs. Available federal and state funds for children with exceptional needs above the standard reimbursement amount shall be used to assist agencies in developing and supporting appropriate programs for these children.
(b) To provide children with exceptional needs with additional access to child care and development programs, the department shall establish alternate appropriate placements, such as self-contained programs and innovative programs using the least restrictive environment. These programs shall be started as expansion funds become available and shall be expanded throughout the implementation of the plan. The department shall utilize existing program models and input from program specialists to develop new program criteria and guidelines for programs serving children with exceptional needs. These programs may serve children with exceptional needs up to 21 years of age.
(c) Any child with exceptional needs served in child care and development programs shall be afforded all rights and protections guaranteed in state and federal laws and regulations for individuals with exceptional needs.
(d) Notwithstanding any other provision of this chapter, the department may develop unique reimbursement rates for, and make reimbursements to, child care and development programs that received state funding for the 1980–81 fiscal year and serve severely disabled children, as defined in subdivision (y) of Section 10213.5, when all of the following conditions exist:
(1) Eligibility for enrollment of a severely disabled child in the program is the sole basis of the child’s need for service.
(2) Services are provided to severely disabled children from birth to 21 years of age.
(3) No fees are charged to the parents of the severely disabled children receiving the services.
(e) The department shall include child care and development providers in all personnel development for persons providing services for children with exceptional needs.
(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 9 - Child Care and Development Services for Children with Special Needs › Section 10261.

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 payment child care contract is subject to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.).
(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 9 - Child Care and Development Services for Children with Special Needs › Section 10262.

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 appropriate and parents shall be included in the planning and evaluation. The department shall disseminate information regarding effective sick child care models to all child care and development programs.
(b) Nothing in this chapter shall be construed to allow the practice of medicine without a license.
(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 9 - Child Care and Development Services for Children with Special Needs › Section 10263.

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 of care as part of the provision of protective services pursuant to Chapter 5 (commencing with Section 16500) of Part 4. The department may contract with another appropriate community agency which provides services or referrals, or both, for the prevention or intervention of child abuse or neglect if no such contract for child care services exists between the department and the county welfare department.
(b) The contracts shall specify the resource and referral program or operating agency or agencies providing child care and development pursuant to this chapter in the county that the local contracting agency shall contact to secure care for a child needing protective services. If an operating agency is unable to enroll the child, the local contracting agency described in subdivision (a) with the assistance of the providers of local resources and referral services shall locate services for the family. Payments for such located services in the absence of other funds shall be made by the local contracting agency.
(c) The need for child care funded pursuant to this section shall be reviewed by the local contracting agency no less than every three months.
(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 10 - Administration › Section 10265.

10265. (a) The Legislature finds and declares that the effectiveness of child care and development programs can be increased through improved state administration, technical assistance to provider agencies, and monitoring.
(b) It is the intent of the Legislature:
(1) That the department develop clear, consistent, and appropriate regulations for child care and development programs to replace policy guidelines which are not subject to the public hearing process, often inconsistent, and without the force of law.
(2) That the department make better use of staff with direct field experience in child development programs.
(3) That better criteria be developed for the awarding, evaluating, and renewal of child care and development contracts.
(4) That improvements be made in the method of reimbursing child care and development program providers.
(5) That increased effort be made to provide program operators with technical assistance in meeting their contractual obligations.
(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 10 - Administration › Section 10265.5.

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 chapter and which are in need of technical assistance to the extent that funds are made available for the purposes of this subdivision by Senate Bill 1674 of the 1984 portion of the 1983–84 Regular Session. This subdivision shall become inoperative on and after January 1, 1986.
(b) Gather information and act as a central clearinghouse on parenting materials.
(c) Develop procedures for annually evaluating the field services and the program support which is to be provided to the contracting agencies.
(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 10 - Administration › Section 10266.

10266. The department shall do all of the following in administering the provisions of this chapter:
(a) Apply sanctions against contracting agencies that have serious licensing violations, as defined and reported by the department pursuant to Section 1597.11 of the Health and Safety Code.
(b) Except in the case of immediate terminations taken pursuant to Sections 10398 and 10399, provide 90 days’ written notification to any contractor whose agreement is being terminated. Notwithstanding Chapter 23 (commencing with Section 10390), the department shall establish procedures for placing a contractor whose agreement is being terminated into receivership. Action to initiate receivership shall be at the discretion of the department, and may be taken against a contractor whose agreement is being terminated either immediately or within 90 days. The receiver shall not be a department employee. The receiver shall have sufficient experience in the administration of child care and development programs to ensure compliance with the terms of the receivership.
(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 10 - Administration › Section 10266.5.

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 directors, advisory council, or advisory committee for any agency receiving funds pursuant to this chapter. The provisions of this subdivision shall not apply to any person appointed prior to January 1, 1985.
(b) No retired, dismissed, separated, or formerly employed person of the state department employed under the State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 10268.5 in which the person engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the department. The prohibition contained in this subdivision shall apply to the person only during the two-year period beginning on the date the person left state employment.
(c) For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 10268.5 if they were employed by the department in a policymaking position in the area of child care and development programs within the 12-month period prior to their retirement, dismissal, or separation.
(d) For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the department may be employed by a contractor pursuant to Section 10268.5 if they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the department.
(e) The provisions of subdivisions (b), (c), and (d) shall not apply to any persons who were already in the situations described by these subdivisions prior to January 1, 1985.
(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 10 - Administration › Section 10267.

10267. The department shall develop and coordinate resources, provide technical assistance, monitor program implementation, generate maximum federal reimbursement wherever possible for the federally eligible children, and facilitate alternative funding for those children for whom federal funds are not available.
(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 10 - Administration › Section 10268.

10268. For purposes of meeting state and federal reporting requirements and for the effective administration of child care and development programs, the department is authorized to require the collection and submission of social security numbers of heads of households, and other information as required, from public and private agencies contracting with the department pursuant to this part, including local educational agencies.
(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 10 - Administration › Section 10268.5.

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 or agency for the delivery of child care and development services or the furnishing of property, facilities, personnel, supplies, equipment, and administrative services related to the delivery of child care development services. Prior to entering into or executing a local agreement, the department shall obtain annual approval from the Department of General Services and the Department of Finance as to the form and general content thereof. The agreements may only be made for the delivery of child care and development services, or the furnishing of property, facilities, personnel, supplies, equipment, or administrative services related thereto, which conform with the provisions of 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 10 - Administration › Section 10269.

10269. Contractors operating or providing services pursuant to this chapter may do both of the following:
(a) (1) Maintain records electronically, in compliance with state and federal standards, as determined by the department. A conversion from a paper record to an electronic format, as well as the storage of the electronic record, shall comply with the minimum standards described in Section 12168.7 of the Government Code and the standards for trustworthy electronic document or record preservation described in Chapter 15 (commencing with Section 22620.1) of Division 7 of Title 2 of the California Code of Regulations.
(2) The records shall be retained by each contractor for at least five years, or, where an audit has been requested by a state agency, until the date the audit is resolved, whichever is longer.
(3) This subdivision does not require a contractor to create records electronically.
(b) (1) Use a digital signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature.
(2) The use of a digital signature shall have the same force and effect as the use of a manual signature if the requirements for the digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied.
(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 10 - Administration › Section 10269.5.

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 state and federal standards.
(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 10 - Administration › Section 10270.

10270. On and after the date on which the department determines that the Financial Information System for California (Fi$Cal Project) has been implemented within the department, at the request of a contractor, for a contract executed by the department pursuant to Section 10268.5, the department shall request the Controller to make a payment via direct deposit by electronic funds transfer through the Fi$Cal Project into the contractor’s account at the financial institution of the contractor’s choice.
(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 10 - Administration › Section 10270.5.

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 development facilities pursuant to this section.
(b) For purposes of maintaining continuity of services to children and receipt of state and federal child nutrition and child development funding, the department may grant a certificate of operation to any child care and development facility which meets all of the following conditions:
(1) A representative of the department has visited the facility and verified, in writing, to the department’s licensing agency that the facility has no deficiencies at the time of granting the certificate of operation which would endanger the physical health, mental health, safety, or welfare of the children.
(2) Without a certificate of operation in lieu of a license from the department, the facility would be ineligible to receive state and federal child nutrition or child development funds.
(c) A facility issued a certificate of operation pursuant to this section shall be deemed to be operating under licensing standards for child care and development facilities specified by Chapters 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code and by Title 22 of the California Code of Regulations for the term specified on the certificate.
(d) A facility granted a certificate of operation shall submit a completed license application to the department within 15 working days of the issuance of the certificate of operation. Failure to meet this requirement will result in the cancellation of the certificate of operation. The certificate of operation shall expire upon the issuance or denial of a license by 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 10 - Administration › Section 10271.6.

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 by the use of an income calculation worksheet, and in accordance with subdivisions (b) and (c).
(b) When a family’s income is regular and steady, the adjusted monthly income shall be determined by the use of an income calculation worksheet that specifies all of the following:
(1) The frequency of the pay periods.
(2) The gross amount of the payroll check stubs.
(3) All other sources of countable income to determine the adjusted monthly income, as defined in Section 18078 of Title 5 of the California Code of Regulations, as any of the following:
(A) Weekly for 52 pay periods.
(B) Every two weeks for 26 pay periods.
(C) Twice monthly for 24 pay periods.
(D) Monthly for 12 pay periods.
(c) When a family experiences income fluctuation, as defined in Section 18078 of Title 5 of the California Code of Regulations, a family may choose to provide up to the 12 preceding months of income information as necessary for purposes of determining income eligibility or calculating a family fee. The adjusted monthly income shall be determined by averaging the total countable income from at least two months, as applicable based on the income provided, to determine average adjusted monthly income for purposes of determining income eligibility or calculating a family fee.
(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by all-county letters, bulletins, or similar written instructions until regulations are adopted. The department shall adopt regulations implementing this section no later than July 1, 2026.
(e) This section shall become operative on January 1, 2024.
(Added by Stats. 2023, Ch. 41, Sec. 14. (AB 116) Effective July 10, 2023. Operative January 1, 2024, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 10 - Administration › Section 10271.7.

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, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department” means either of the following:
(1) A member of the household has been certified as eligible to receive benefits or services in any of those programs. The family shall provide documentation of current enrollment in the program, unless the contracting agency has, and elects to use, other means of obtaining verification of that enrollment.
(2) A contracting agency has determined a member of the household is eligible for Head Start or Early Head Start services.
(b) Families qualifying for eligibility under clause (v) of subparagraph (A) of paragraph (1) of subdivision (a) of Section 10271 shall have the income declared on the application for the means-tested government program as its income for the purposes of prioritizing enrollment and calculating family fees.
(c) Notwithstanding the rulemaking provision of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through the issuance of guidance or other written directives.
(Added by Stats. 2022, Ch. 923, Sec. 7. (SB 1047) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1.8 - Child Care and Development Services Act › CHAPTER 10 - Administration › Section 10272.

10272. (a) Notwithstanding any other law, effective July 1, 2011, the department shall reduce the maximum reimbursable amounts of the contracts for the Preschool Education Program, the General Child Care Program, the Migrant Day Care Program, the Alternative Payment Program, the CalWORKs Stage 3 Program, and the Allowance for Disabled Program by 11 percent or by whatever proportion is necessary to ensure that expenditures for these programs do not exceed the amounts appropriated for them, including any reductions made subsequent to the adoption of the annual Budget Act. The department may consider the contractor’s performance or whether the contractor serves children in underserved areas as defined in subdivision (ag) of Section 10213.5 when determining contract reductions, provided that the aggregate reduction to each program specified in this subdivision is 11 percent or by whatever proportion is necessary to ensure that expenditures for these programs do not exceed the amounts appropriated for them, including any reductions made subsequent to the adoption of the annual Budget Act.
(b) Notwithstanding any other law, effective July 1, 2011, families shall be disenrolled from subsidized child care services, consistent with the priorities for services specified in subdivision (b) of Section 10271. Families shall be disenrolled in the following order:
(1) Families whose income exceeds 70 percent of the state median income (SMI) adjusted for family size, except for families whose children are receiving child protective services or are at risk of being neglected or abused.
(2) Families with the highest income below 70 percent of the SMI, in relation to family size.
(3) Families that have the same income and have been enrolled in child care services the longest.
(4) Families that have the same income and have a child with exceptional needs.
(5) Families whose children are receiving child protective services or are at risk of being neglected or abused, regardless of family income.
(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 10 - Administration › Section 10272.5.

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 maximum reimbursable amounts of the contracts for the General Child Care Program, the Migrant Day Care Program, the Alternative Payment Program, the CalWORKs Stage 3 Program, and the Allowance for Disabled Program by 8.7 percent or by whatever proportion is necessary to ensure that expenditures for these programs do not exceed the amounts appropriated for them, as adjusted for any reductions in appropriations made subsequent to the adoption of the annual Budget Act. The department may consider the contractor’s performance or whether the contractor serves children in underserved areas as defined in subdivision (ag) of Section 10213.5 when determining contract reductions, provided that the aggregate reduction to each program specified in this subdivision is 8.7 percent or whatever proportion is necessary to ensure that expenditures for these programs do not exceed the amounts appropriated for them, as adjusted for any reductions in appropriations made subsequent to the adoption of the annual Budget Act.
(b) Notwithstanding any other law, effective July 1, 2012, families shall be disenrolled from subsidized child care services, consistent with the priorities for services specified in subdivision (b) of Section 10271. Families shall be disenrolled in the following order:
(1) Families with the highest income in relation to family size.
(2) Families that have the same income and have been enrolled in child care services the longest.
(3) Families that have the same income and have a child with exceptional needs.
(4) Families whose children are receiving child protective services or are at risk of being neglected or abused, regardless of family income.
(Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.)