reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18085 - Documentation of Public Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the basis of eligibility as specified in Education
						Code section
						8263(a)(1)
						is a current aid recipient, the parent shall provide documentation of public
						cash assistance, unless the contractor has and elects to use other means of
						obtaining verification.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment filed 8-16-2007; operative 9-15-2007 (Register 2007, No.
						33).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Sections
						  8261 and
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18085.5 - Documentation of Need: In General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided for in law,
					 families who are eligible for subsidized early learning and care services shall
					 document that each parent in the family, as defined in section
					 18078, meets at least one of the
					 following need criterion, as specified in Education Code section
					 8263(a)(1)(B):
(1) The child(ren) is (are) a recipient(s) of
					 child protective services, or identified as being abused, neglected, or
					 exploited, or at risk thereof;
(2)
					 The parent is employed;
(3) The
					 parent is seeking employment;
(4)
					 The family is experiencing homelessness;
(5) The family is seeking permanent housing
					 for family stability;
(6) The
					 parent is enrolled in vocational training;
(7) The parent is enrolled in an educational
					 program;
(8) The parent is
					 incapacitated.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18086.1 - Documentation of Need: Employment in the Home or a Licensed Family Day Care Home; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The requirements of this section are in
					 addition to those stated in section
					 18086.
(b) If the parent's employment is in the
					 family's home or on property that includes the family's home, the parent must
					 provide justification for requesting subsidized early learning and care
					 services based on the type of work being done and its requirements, the age of
					 the family's child for whom services are sought, and, if the child is more than
					 five years old, the specific child care needs. The contractor shall determine
					 and document whether the parent's employment and the identified child care
					 needs preclude the supervision of the family's child.
(c) If the parent is a licensed family day
					 care home provider pursuant to Health and Safety Code section
					 1596.78
					 or an individual license-exempt provider pursuant to Health and Safety Code
					 section
					 1596.792,
					 subsections (d) or (f), the parent is not eligible for subsidized services
					 during the parent's business hours because the parent's employment does not
					 preclude the supervision of that parent's own child.
(d) If the parent is employed as an assistant
					 in a licensed large family day care home, pursuant to Health and Safety Code
					 section
					 1596.78(b),
					 and is requesting services for the family's child in the same family day care
					 home, the parent shall provide documentation that substantiates all of the
					 following:
(1) A copy of the family day care
					 home license indicating it is licensed as a large family day care
					 home;
(2) A signed statement from
					 the licensee stating that the parent is the assistant, pursuant to the staffing
					 ratio requirement of California Code of Regulations, title 22, section
					 102416.5;
(3) Proof that the parent's fingerprints are
					 associated with that licensed family day care home as its assistant, which the
					 contractor may verify with the local community care licensing office;
					 and
(4) Payroll deductions withheld
					 for the assistant by the licensee, which may be a pay stub.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18086.5 - Documentation of Need: Seeking Employment; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of
					 need as stated on the application for services is seeking employment, the
					 following shall apply:
(1) Services as
					 requested by the parent shall occur on no more than five days per week and for
					 less than 30 hours per week.
(2)
					 The parent's period of eligibility for early learning and care services shall
					 be for not less than 12 months and the parent shall receive services for not
					 less than 12 months before having eligibility and need
					 recertified.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18086.6 - Documentation of Need: Educational Programs; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of
					 need as stated on the application for services is educational programs as
					 defined in section
					 18078, early learning and care
					 services shall be limited in total to six years from the initiation of services
					 based on enrollment in educational programs.
(b) The parent shall obtain and provide to
					 the contractor documentation of enrollment in an English Language
					 Learner/English as a Second Language (ELL/ESL) program or a program to attain a
					 high school diploma or General Education Degree/High School Equivalency
					 (GED/HSE) certificate.
(c) The
					 parent shall provide documentation of the days and hours of enrollment in an
					 educational program, which shall include:
(1)
					 The name of the institution that is providing the instruction;
(2) The parent's current class schedule that
					 is either an electronic print-out from the educational program or, if
					 unavailable, a document that includes all of the following:
(A) The classes in which the parent is
					 currently enrolled;
(B) The days of
					 the week and times of day of the classes; and
(C) A registration confirmation from the
					 educational program.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18087 - Documentation of Need: Vocational Training; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of need as stated on the
					 application for services is vocational training as defined in section
					 18078, early learning and care
					 services shall be limited in total, to whichever occurs first:
(1) Six years from the initiation of services
					 based on need for vocational training; or
(2) Twenty-four semester units, or the
					 equivalent, after the attainment of a Bachelor's Degree.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18088 - Documentation of Need: Parental Incapacity; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of need as stated on the
					 application for services is parental incapacity, the following shall apply:
(1) The certified schedule for early learning
					 and care services shall not exceed 50 hours per week.
(2) The parent's period of eligibility for
					 early learning and care services shall be for no less than 12 months and the
					 parent shall receive services for not less than 12 months before having
					 eligibility and need recertified.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18089 - Documentation of the Child's Exceptional Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The family data file shall contain documentation of the
						child's exceptional needs if the contractor is claiming adjustment factors
						pursuant to Education Code section
						8265.5(b)(4) or
						(b)(5), the child with exceptional needs is
						13 through 21 years of age, or the contractor is operating a program pursuant
						to Education Code section
						8250(d).
						The documentation of exceptional needs shall include:
(a) A copy of the portion of the active
					 individual family service plan (IFSP) or the individualized education program
					 (IEP) that includes the information as specified in Education Code section
					 56026 and
					 California Code of Regulations, title 5, sections
					 3030 and
					 3031; and
(b) A statement signed by a legally qualified
					 professional that:
(1) The child requires the
					 special attention of adults in a child care setting; and
(2) Includes the name, address, license
					 number, and telephone number of the legally qualified professional who is
					 rendering the opinion.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18090 - Documentation of Eligibility and Need: Homelessness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A family experiencing homelessness may establish both
						eligibility and need as follows:
(a)
					 In order to meet the eligibility requirements for a family experiencing
					 homelessness, the family must obtain and provide documentation, which includes
					 either of the following:
(1) A written
					 referral dated within three months prior to the application for services, from
					 one of the following entities, which identifies the child as experiencing
					 homelessness:
(A) A legal, medical, or social
					 services agency;
(B) A local
					 educational agency liaison for children and youth experiencing
					 homelessness;
(C) A Head Start
					 program; or
(D) An emergency or
					 transitional shelter.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18091 - Documentation of Need: Seeking Permanent Housing; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of
					 need as stated on the application for services is the parent seeking permanent
					 housing for family stability, the following shall apply:
(1) Services, as requested by the parent,
					 shall occur on no more than five days per week and for less than 30 hours per
					 week.
(2) The parent's period of
					 eligibility for early learning and care services shall be for no less than 12
					 months and the parent shall receive services for not less than 12 months before
					 having eligibility and need recertified.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18092 - Documentation of Child Protective Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If eligibility and need as specified in Education Code
						Sections
						8263(a)(1) and
						(a)(2) are based on child protective
						services, the basic data file shall contain a written referral, dated within
						the six (6) months immediately preceding the date of application for services,
						from a legal, medical, social service agency or emergency shelter. The written
						referral shall include either:
(a) A
					 statement from the local county welfare department, child protective services
					 unit certifying that the child is receiving child protective services and that
					 child care and development services are a necessary component of the child
					 protective services plan; or
(b) A
					 statement by a legally qualified professional that the child is at risk of
					 abuse or neglect and the child care and development services are needed to
					 reduce or eliminate that risk; and
(c) The probable duration of the child
					 protective service plan or the at risk situation; and
(d) The name, address, telephone number and
					 signature of the legally qualified professional who is making the
					 referral.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment of section and NOTE filed 5-6-2005 as an emergency; operative
						5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-6-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Reinstatement of section
						as it existed prior to emergency amendment filed 10-14-2005 by operation of
						Government Code section
						11346.1(f).
						Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005;
						disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005
						(Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an
						emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of
						Compliance must be transmitted to OAL by 2-13-2006 or emergency language will
						be repealed by operation of law on the following day.
5.
						Reinstatement of section as it existed prior to 10-14-2005 emergency amendment
						by operation of Government Code section
						11346.1(f)
						(Register 2006, No. 20).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Sections
						  8261 and
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18092.5 - Documentation of at Risk of Abuse, Neglect, or Exploitation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No.
						18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repeal of emergency adoption filed 10-14-2005 by operation
						of Government Code section
						11346.1(g).
						Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005;
						disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005
						(Register 2005, No. 41).
3. New section filed 10-14-2005 as an
						emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of
						Compliance must be transmitted to OAL by 2-13-2006 or emergency language will
						be repealed by operation of law on the following day.
4. Repealed by
						operation of Government Code section
						11346.1(g)
						(Register 2006, No. 20).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Sections
						  8208(k)
						  and
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18093 - Certification of Federal Eligibility for the Federal Based Migrant Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to enrolling a child in the Federal Based Migrant
						Program, the contractor shall certify that the child meets eligibility
						requirements of the Education Consolidation Improvement Act (E.C.I.A.), Chapter
						1 Migrant funds. The certification documentation shall include:
(a) The child's full name, date of birth and
					 birthplace;
(b) The parent(s) full
					 name(s);
(c) The child's most
					 recent address and date of departure;
(d) The child's current address and the date
					 of arrival;
(e) Information about
					 the employment of the parent(s) which identifies such employment as:
(1) seasonal or temporary and
(2) relating to fishing or
					 agriculture;
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18094 - Notice of Action, Application for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor's decision to approve or
					 deny services shall be communicated to the applicant through a written
					 statement referred to as a Notice of Action, Application for Services, in
					 accordance with Section
					 18118 of this Division. The
					 contractor shall maintain copies of the Notice of Action, Application for
					 Services in the basic data file. The Notice of Action, Application for Services
					 shall include:
(1) The applicant's name and
					 address;
(2) The contractor's name
					 and address;
(3) The name and
					 telephone number of the contractor's authorized representative who made the
					 decision;
(4) The date of the
					 notice;
(5) The method of
					 distribution of the notice.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18095 - Notice of Action, Recipient of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If upon recertification or update of the application, the
						contractor determines that the need or eligibility requirements are no longer
						being met, or the fee or amount of service needs to be modified, the contractor
						shall notify the family through a written Notice of Action, Recipient of
						Services in accordance with Section
						18119 of this Division. The
						contractor shall maintain copies of all Notices of Action, Recipient of
						Services in the family's basic data file. The Notice of Action, Recipient of
						Services shall include:
(a) The type
					 of action being taken;
(b) The
					 effective date of the action;
(c)
					 The name and address of the recipient;
(d) The name and address of the
					 contractor;
(e) The name and
					 telephone number of the contractor's authorized representative who is taking
					 the action;
(f) The date the notice
					 is mailed or given to the recipient;
(g) The method of distribution to the
					 recipient;
(h) A description of the
					 action;
(i) A statement of the
					 reason(s) for the changes;
(j) A
					 statement of the reason(s) for termination, if applicable; and
(k) Instructions for the parent(s) on how to
					 request a hearing if they do not agree with the contractor's decisions as
					 stated in the Notice of Action, Recipient of Services in accordance with
					 procedures specified in Sections
					 18120 and
					 18121 of this Division. These
					 instructions shall inform parents how to request a hearing from the contractor
					 and, if necessary, from the Child Development Division as described in Sections
					 18120 and
					 18121 of this Division.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Section
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 2 - Family Data File › Section 18096 - Calculation of Income. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-16-2007; operative 9-15-2007 (Register 2007, No.
						33).
2. Renumbering of former section
						18096 to new section
						18084.1 filed 5-21-2021; operative
						7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Sections
						  8261 and
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 3 - Enrollment [Repealed] › Section 18100 - Documentation and Determination of Family Size. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment of section heading and section filed 8-16-2007; operative 9-15-2007
						(Register 2007, No. 33).
3. Change without regulatory effect
						amending subsection (a)(2)(E) filed 7-9-2009 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2009, No. 28).
4. Repealer of article 3
						(sections 18100-18104) and renumbering of
						former section
						18100 to new section
						18083.1 filed 5-21-2021; operative
						7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Section
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 3 - Enrollment [Repealed] › Section 18101 - Parents Seeking Employment; Eligibility and Service Limitation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment filed 6-26-91 as an emergency; operative 6-26-91 (Register 91, No.
						39). A Certificate of Compliance must be transmitted to OAL by 10-24-91 or
						emergency language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-24-91 order including
						deletion of (1) designator and repealer of subsection (a)(2) transmitted to OAL
						10-22-91 and filed 11-15-91 (Register 92, No. 7).
4. Renumbering of
						former section
						18101 to new section
						18086.5 filed 5-28-2008; operative
						6-27-2008 (Register 2008, No. 22).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Section
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 3 - Enrollment [Repealed] › Section 18102 - Notice to Families of Their Responsibility to Notify Contractor of Changes to Family Circumstances. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment of section and NOTE filed 5-28-2008; operative 6-27-2008 (Register
						2008, No. 22).
3. Repealer filed 5-21-2021; operative 7-1-2021
						(Register 2021, No. 21).
Note: Authority cited: Sections
						  8261,
						  8263 and
						  8265,
						  Education Code. Reference: Sections
						  8206,
						  8261 and
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 3 - Enrollment [Repealed] › Section 18103 - Recertification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005,
						No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or
						emergency language will be repealed by operation of law on the following
						day.
3. Reinstatement of section as it existed prior to emergency
						amendment filed 10-14-2005 by operation of Government Code section
						11346.1(f).
						Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005;
						disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005
						(Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an
						emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of
						Compliance must be transmitted to OAL by 2-13-2006 or emergency language will
						be repealed by operation of law on the following day.
5.
						Reinstatement of section as it existed prior to 10-14-2005 emergency amendment
						by operation of Government Code section
						11346.1(f)
						(Register 2006, No. 20).
6. Repealer filed 5-21-2021; operative
						7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Sections
						  8261 and
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 3 - Enrollment [Repealed] › Section 18104 - Limited Term Service Leave Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment of section and NOTE filed 5-28-2008; operative 6-27-2008 (Register
						2008, No. 22).
3. Repealer filed 5-21-2021; operative 7-1-2021
						(Register 2021, No. 21).
Note: Authority cited: Sections
						  8261,
						  8263,
						  8265 and
						  8269,
						  Education Code. Reference: Sections
						  8206,
						  8261,
						  8263 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 4 - Admission Policies and Procedures › Section 18105 - Admission Policies and Procedures; Interview

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors shall develop written
					 admission policies and procedures which shall be made available to the
					 public.
(b) The admission
					 procedures established shall conform to requirements in Title 22 California
					 Code of Regulations, Section
					 101319.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Sections
						  8261 and
						  8263,
						  Education Code. Reference: Sections
						  8203 and
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 4 - Admission Policies and Procedures › Section 18107 - Residency Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to other applicable
					 eligibility requirements as specified elsewhere in this Division, to be
					 eligible for child care and development services the child must live in the
					 State of California while services are being received.
(b) Any evidence of a street address or post
					 office address in California will be sufficient to establish residency. A
					 person identified as homeless pursuant to section
					 18078(h)(2) is
					 exempted from this requirement and shall submit a declaration of intent to
					 reside in California.
(c) The
					 governing board of any school district, community college or county
					 superintendent of schools may accommodate children residing outside its
					 district boundaries in accordance with Education Code section
					 8322(a).
(d) The determination of eligibility for
					 child care and development services shall be without regard to the immigration
					 status of the child or the child's parent(s), unless the child or the child's
					 parent(s) are under a final order of deportation from the United States
					 Department of Justice.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment filed 8-16-2007; operative 9-15-2007 (Register 2007, No.
						33).
Note: Authority cited: Section
						  8263,
						  Education Code. Reference: Section
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18108 - Fee Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractors shall use a fee schedule prepared and issued
						by the Child Development Division.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8263,
						  Education Code. Reference: Sections
						  8263 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18109 - Fee Assessment; Explanation to Parents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor shall utilize the
					 following factors in determining the fee to be assessed for each family:
(1) The adjusted monthly family
					 income;
(2) Family size; families
					 having fewer than three (3) members shall be regarded as a family of three
					 (3).
(3) The fee shall be assessed
					 and collected based on the family's child who is enrolled for the longest
					 period.
(4) The fee assessed and
					 collected shall be either the fee indicated on the fee schedule, the actual
					 costs of services or the contract maximum daily/hourly rate, whichever is
					 least.
(5) No adjustment shall be
					 made for excused or unexcused absences.
(6) The fee shall be the full portion of the
					 family's cost for services.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18110 - Exceptions to Fee Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No fees shall be collected from the following types of
						families whose children are enrolled:
(a) Because of a need for child protective
					 services;
(b) In the State
					 Preschool Program;
(c) In the
					 Federal Based Migrant program;
(d)
					 In the Severely Handicapped program; or
(e) With an income level that, in relation to
					 family size, is less than the first entry in the fee schedule.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment of section and NOTE filed 5-6-2005 as an emergency; operative
						5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-6-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Reinstatement of section
						as it existed prior to emergency amendment filed 10-14-2005 by operation of
						Government Code section
						11346.1(f).
						Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005;
						disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005
						(Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an
						emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of
						Compliance must be transmitted to OAL by 2-13-2006 or emergency language will
						be repealed by operation of law on the following day.
5.
						Reinstatement of section as it existed prior to 10-14-2005 emergency amendment
						by operation of Government Code section
						11346.1(f)
						(Register 2006, No. 20).
Note: Authority cited: Sections
						  8250 and
						  8263,
						  Education Code. Reference: Sections
						  8250 and
						  8263,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18111 - NO Additional Payments or Costs; Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subdivision (b)
					 below, neither a contractor nor a provider of services shall require or
					 solicit, in cash or in kind, additional payments from the recipients of
					 service. The prohibition includes activities or services that would increase
					 the family's cost of participation including meals, recreation and field trips.
					 If additional payments are made or additional costs are incurred by the family,
					 the contractor shall refund to the parent(s) the amount of payments made or
					 costs incurred.
(b) A contractor or
					 a provider of service need not make a refund as specified in subdivision (a)
					 above when the family is enrolled in an Alternative Payment program and the
					 parent(s) has voluntarily placed the child with a service provider that
					 requires all parent(s) to provide a sack lunch or supplies such as
					 diapers.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Change without regulatory effect amending section heading and subsection (b)
						and repealing subsections (b)(1)-(2) filed 4-20-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 16).
Note: Authority cited: Section
						  8263,
						  Education Code. Reference: Sections
						  8263 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18112 - Credit for Fees Paid to Other Service Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section shall apply to child care and development
						services provided by someone other than the contractor:
(a) When a contractor cannot meet all of a
					 family's needs for child care for which eligibility and need as specified in
					 Education Code Section
					 8263(a)(1) and
					 (a)(2) have been established, the contractor
					 shall grant a fee credit equal to the amount paid to the other provider(s) of
					 these child care and development services.
(b) The contractor shall apply the fee credit
					 to the family's subsequent fee billing period. The family shall not be allowed
					 to carry over the fee credit beyond the family's subsequent fee billing
					 period.
(c) The contractor shall
					 obtain copies of receipts or cancelled checks for the other child care and
					 development services from the parent. The copies of the receipts or cancelled
					 checks shall be maintained in the contractor's fee assessment
					 records.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8263,
						  Education Code. Reference: Sections
						  8263 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18113 - Receipt for Payment of Fee; Retention of Copy for Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor or service provider shall
					 provide an original copy of a pre-numbered receipt to each person who pays a
					 fee. The receipt shall show the amount paid, the date of payment, the rate of
					 payment and the period of service purchased.
(b) The contractor shall retain a copy of the
					 receipt in its fee assessment records.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8263,
						  Education Code. Reference: Sections
						  8263 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18114 - Advance Payment of Fees; Delinquent Fees; Notice of Delinquency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors
					 shall adopt a policy for the collection of fees in advance of providing
					 services. The written policy shall be provided to families at the time of
					 initial enrollment into the program.
(b) For contractors providing direct services
					 to children, fees shall be considered delinquent after seven (7) calendar days
					 from the date the fees were due.
(c) For contractors providing services
					 through Alternative Payment programs, fees shall be considered delinquent on
					 the date they are notified by the provider that fees have not been
					 paid.
(d) A Notice of Action,
					 Recipient of Services shall be used to inform the family of the following:
(1) The total amount of unpaid
					 fees;
(2) The fee rate;
(3) The period of delinquency; and
(4) That services shall be terminated two (2)
					 weeks from the date of the Notice unless all delinquent fees are paid before
					 the end of the two (2)-week period.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18115 - Plan for Payment of Delinquent Fees. The Contractor Shall Accept a Reasonable Plan from the Parent(s) for Payment of Delinquent Fees. The Contractor Shall Continue to Provide Services to the Child, Provided the Parent(s) Pays Current Fees when Due and Complies with the Provisions of the Repayment Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8263,
						  Education Code. Reference: Sections
						  8263 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18116 - Consequences of Nonpayment of Delinquent Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon termination of services for nonpayment of delinquent
						fees, the family shall be ineligible for child care and development services
						until all delinquent fees are paid.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8263,
						  Education Code. Reference: Sections
						  8263 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 5 - Parent Fees › Section 18117 - Confidentiality of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The use or disclosure of all information
					 held by the contractor pertaining to the child and his/her family shall be
					 restricted to purposes directly connected with the administration of the
					 program.
(b) The contractor shall
					 permit the review of the basic data file by the child's parent(s) or parent's
					 authorized representative, upon request and at reasonable times and
					 places.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Amendment of subsection (a) filed 9-12-2017; operative 1-1-2018 (Register 2017,
						No. 37).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 6 - Due Process Requirements › Section 18118 - Approval or Denial of Child Care and Development Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall mail or deliver a completed Notice
						of Action, Application for Services to the parents within thirty (30) calendar
						days from the date the application is signed by the parent(s) in accordance
						with Sections
						18094 and
						18095 of this
						Division.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 6 - Due Process Requirements › Section 18119 - Changes Affecting Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor shall complete a Notice of
					 Action, Recipient of Services when changes are made to the service agreement.
					 Such changes may include, but are not limited to, an increase or decrease in
					 parent fees, an increase or decrease in the amount of services, or termination
					 of service.
(b) The contractor
					 shall mail or deliver the notice of action to the parents at least fourteen
					 (14) calendar days before the effective date of the intended action whenever:
(1) The contractor has factual information
					 that confirms the death of the parent or the child;
(2) The contractor receives notification from
					 the parent that the parent no longer wants the service;
(3) The agreement for services was a limited
					 term authorization which has come to the end of the term, and at the time of
					 approval of the limited term authorization, the parent was informed in writing
					 of the date services would terminate; or
(4) The parent does not provide eligibility
					 or need information after a written request by the
					 contractor.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 6 - Due Process Requirements › Section 18120 - Clients Request for a Hearing; Rules and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the parent disagrees with an action,
					 the parent(s) may file a request for a hearing with the contractor within
					 fourteen (14) calendar days of the date the Notice of Action was
					 received.
(b) Upon the filing of a
					 request for hearing, the intended action shall be suspended until the review
					 process has been completed. The review process is complete when the appeal
					 process has been exhausted or when the parent(s) abandons the appeal
					 process.
(c) Within ten (10)
					 calendar days following the receipt of the request for a hearing, the
					 contractor shall notify the parent(s) of the time and place of the hearing. The
					 time and place of the hearing shall, to the extent possible, be convenient for
					 the parent(s).
(d) The hearing
					 shall be conducted by an administrative staff person who shall be referred to
					 as "the hearing officer." The hearing officer shall be at a staff level higher
					 in authority than the staff person who made the contested decision.
(e) The parent(s) or parent's authorized
					 representative is required to attend the hearing. If the parent or the parent's
					 authorized representative fails to appear at the hearing, the parent will be
					 deemed to have abandoned his or her appeal.
(f) Only persons directly affected by the
					 hearing shall be allowed to attend.
(g) The contractor shall arrange for the
					 presence of an interpreter at the hearing, if one is requested by the
					 parent(s).
(h) The hearing officer
					 shall explain to the parent(s) the legal, regulatory, or policy basis for the
					 intended action.
(i) During the
					 hearing, the parent(s) shall have an opportunity to explain the reason(s) they
					 believe the contractor's decision was incorrect. The contractor's staff shall
					 present any material facts omitted by the parent(s).
(j) The hearing officer shall mail or deliver
					 to the parent(s) a written decision within ten (10) calendar days after the
					 hearing.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 3 - General Child Care Programs › Article 6 - Due Process Requirements › Section 18121 - Appeal Procedure for Child Development Division Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the parent disagrees with the written
					 decision from the contractor, the parent has fourteen (14) calendar days in
					 which to appeal to the Child Development Division.
(b) If the parent(s) do(es) not submit an
					 appeal request to the Child Development Division within fourteen (14) calendar
					 days, the parents' appeal process shall be deemed abandoned and the contractor
					 may implement the intended action.
(c) The parent(s) shall specify in the appeal
					 request the reason(s) why he/she believes the contractor's decision was
					 incorrect.
(d) A copy of the
					 contractor's notice of intended action and written decision shall be submitted
					 by the parent(s) with the appeal request.
(e) Upon receipt of an appeal request, the
					 Child Development Division may request copies of the basic data file and other
					 relevant materials from the contractor. The Child Development Division may also
					 conduct any investigations, interviews or mediation necessary to resolve the
					 appeal.
(f) The decision of the
					 Child Development Division shall be mailed or delivered to the parent(s) and to
					 the contractor within thirty (30) calendar days after receipt of the appeal
					 request.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.