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 15 - Appeal and Dispute Resolution Procedures › Section 18300 - Scope of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations in this Chapter apply to all agencies
					 contracting with the California Department of Education for provision of
					 services pursuant to the Child Care and Development Services Act Chapter 2 Part
					 6 of Title 1 of the California Education Code (commencing with section
					 8200).
1. New
					 section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
					 Change without regulatory effect amending section filed 12-23-2010 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2010, No. 52).
Note: Authority cited: Section
						8261,
						Education Code. Reference: Sections
						8401 and
						8402,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 15 - Appeal and Dispute Resolution Procedures › Section 18301 - Termination, Suspension, and Major Reductions in Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to the requirements of Education
				  Code sections
				  8400
				  through
				  8409, an
				  independent appeal procedure shall be available to any contractor whose
				  contract is terminated or suspended, or whose total reimbursable contract
				  amount is reduced by four percent (4%) or $25,000, whichever is less.
(b) Such appeals shall be heard by
				  independent hearing officers in accordance with procedures established by the
				  Office of Administrative Hearings as specified in Title I California Code of
				  Regulations, Sections
				  201 through
				  207.
(c) Termination or suspension of a contract
				  during the contract period may occur when:
(1)
				  A contractor fails to correct items of fiscal or programmatic non-compliance
				  within six (6) months of receiving a conditional contract which includes an
				  addendum stating the specific items of noncompliance and the corrective actions
				  necessary to come into compliance; or
(2) A contractor engages in serious
				  misconduct posing an immediate threat to health and safety or to State funds
				  for any of the reasons listed in Education Code section
				  8406.7;
				  or
(3) A contractor fails or
				  refuses to make available for examination or copying by an authorized employee
				  of the Department any records or documents that the contractor is required to
				  retain pursuant to this Division, upon a request by that employee to examine or
				  copy such records or documents; or
(4) A contractor refuses to permit an
				  authorized employee of the Department to enter a facility operated by the
				  contractor during the days and/or hours of operation on file with the
				  Department, for the purpose of reviewing administrative operations of the
				  contractor or for observing child care and development services provided by the
				  contractor pursuant to this Division.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 15 - Appeal and Dispute Resolution Procedures › Section 18302 - Contractor's Responsibility After Notice of Termination or Notice of Decision to Make NO Offer of Continued Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After receiving notice of the Child Development Division's
					 decision to terminate the contract or to make no offer of continued funding,
					 the contractor shall submit copies to or make available for copying by the
					 Child Development Division all of the following:
(a) A current inventory of equipment
				  purchased in whole or in part with contract funds;
(b) The names, addresses and telephone
				  numbers of all families served by the contract, all staff members funded by the
				  contract; and
(c) Monthly
				  enrollment and attendance reports until the contract is actually terminated or
				  until the final month for which the contractor retains a contract.
(d) Family child care home contractors and
				  Alternative Payment programs shall also submit the names, addresses and
				  telephone numbers of all providers of subsidized services under the
				  contract.
1. New
					 section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
					 Amendment of section heading, section and NOTE filed 6-5-2001 as an emergency;
					 operative 6-5-2001 (Register 2001, No. 23). A Certificate of Compliance must be
					 transmitted to OAL by 10-3-2001 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 6-5-2001 order transmitted to OAL 10-2-2001 and filed 11-6-2001 (Register
					 2001, No. 45).
Note: Authority cited: Section
						8261,
						Education Code. Reference: Sections
						8261 and
						8402,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 15 - Appeal and Dispute Resolution Procedures › Section 18303 - Administrative Review of Changes in Contract Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contract performance shall be reviewed at
				  least annually by Child Development Division (CDD) staff who shall determine by
				  April 1 of each year whether to offer continued funding on a clear contract,
				  continued funding on a conditional basis or to make no offer of continued
				  funding.
(b) If the staff
				  recommends conditional status or no offer of continued fund-ing, the contractor
				  shall be notified in writing of the reasons for the proposed change in contract
				  status by April 7. The notice of proposed action shall be sufficiently specific
				  to allow the contractor to respond to the factual basis for the proposed
				  action.
(c) if the contractor
				  disagrees with the proposed action:
(1) The
				  contractor's response shall be received by the CDD within ten calendar days of
				  receipt of the notice of proposed action;
(2) The contractor's response shall include
				  any written materials in support of its position; and
(3) If the contractor intends to make an oral
				  presentation, the response shall so specify.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 15 - Appeal and Dispute Resolution Procedures › Section 18304 - Conditional Status Imposed During the Contract Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the contractor demonstrates fiscal or
				  programmatic noncompliance during the contract period, based on such
				  information as an annual audit report, a contract compliance review, a program
				  quality review, or a change in licensing status, the Child Development Division
				  may place the contract on conditional contract status for the remainder of the
				  contract period.
(b) The contractor
				  shall receive notice and may request an administrative review of the proposed
				  action as set forth in Section
				  18303 of this Division, in the
				  event such a change in contract status is recommended by staff of the Child
				  Development Division.(c) if the contract is placed on conditional status during
				  the last ninety (90) days of the contract period and the contractor is offered
				  continued funding, the contract for the subsequent contract period will also be
				  on conditional status.
1. New
					 section filed 11-21-88; operative 1-1-89 (Register 88, No.
					 50).
Note: Authority cited: Section
						8261,
						Education Code. Reference: Section
						8406.6,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 15 - Appeal and Dispute Resolution Procedures › Section 18305 - Conditional Status Addendum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A conditional status contract shall contain a bill of
					 particulars specified in Education Code section
					 8406.6
					 called a Conditional Status Addendum explain-ing the contract conditions. The
					 Addendum shall include the following:
(a) The specific item(s) of noncompliance
				  which the contractor must correct;
(b) The specific corrective action(s) which
				  must be taken;
(c) The time period
				  within which the contractor must complete the corrections;
(d) Notice that failure to make required
				  corrections will result in termination of the contract or no offer of continued
				  funding.
(e) If the contractor is
				  placed on conditional status during the contract period:
(1) A Conditional Status Addendum will be
				  issued by the California Department of Education and
(2) The Conditional Status Addendum shall be
				  considered a part of the annual child development contract and binding on the
				  contractor.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 15 - Appeal and Dispute Resolution Procedures › Section 18306 - Monthly Reports; Inventory of Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A contractor on conditional contract status shall
					 submit:
(a) Monthly enrollment and
				  attendance reports to the California Department of Education, Local Assistance
				  Bureau.
(b) The first monthly
				  report shall include a current inventory of equipment purchased in whole or in
				  part with contract funds.
1. New
					 section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
					 Change without regulatory effect amending subsection (a) filed 12-23-2010
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 52).
Note: Authority cited: Section
						8261,
						Education Code. Reference: Section
						8406.6,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 15 - Appeal and Dispute Resolution Procedures › Section 18307 - Duration of Conditional Contract Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor shall remain on conditional
				  contract status until the contractor has corrected deficiencies and/or has met
				  requirements identified in the Conditional Status Addendum.
(b) A contractor with a repayment plan shall
				  remain on conditional contract status until full repayment is made.
(c) A contractor on conditional contract
				  status that is not on a repayment plan shall remain in that status until:
(1) the California Department of Education
				  issues written notice to the contractor that the conditional status has been
				  cleared; or
(2) the contractor is
				  issued a clear contract; or
(3) the
				  contract terminates according to its terms.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 15 - Appeal and Dispute Resolution Procedures › Section 18308 - Resolution of Contract Administration Disputes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The procedure specified in this section
				  shall be used to resolve disputes between contractors and the California
				  Department of Education (CDE) that may arise regarding the interpretation and
				  application of any term or condition of a contract, including, but not limited
				  to, requests for waivers, approval of subcontracts or expenditures requiring
				  approval, requests for reimbursement rate adjustments, or reductions in the
				  total amount of contract reimbursement that are not appealable under section
				  18301 of this Division.
(b) The contractor shall attempt to resolve
				  contract disputes at the lowest staff level within the CDE.
(c) if the dispute is not resolved at the
				  lowest staff level, the contractor may appeal the decision by submitting a
				  written description of the issues and the basis for the dispute to the Regional
				  Administrator of the Child Development Division (CDD) having jurisdiction over
				  the contractor's service delivery area. The Regional Administrator shall make a
				  determination and shall send a written notification of the decision to the
				  contractor, together with the reasons for the decision within thirty calendar
				  days of the receipt of the appeal by the Regional Administrator.
(d) The contractor may appeal the decision of
				  the Regional Administrator to the Assistant Director of the CDD by submitting a
				  written description of the issues in the dispute and a copy of the Regional
				  Administrators decision. The Assistant Director of the CDD shall send
				  notification of the decision to the contractor and shall specify the reason(s)
				  for the decision within thirty calendar days of the receipt of the appeal by
				  the Assistant Director. The decision of the Assistant Director of the CDD shall
				  be the final administrative action afforded the contractor.
1. New
					 section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
					 Change without regulatory effect amending section filed 12-23-2010 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2010, No. 52).
Note: Authority cited: Section
						8261,
						Education Code. Reference: Section
						8445,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 1 - Definitions › Article 1 - General Provisions › Section 18400 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Chapter:
(a) "CalWORKs cash aid recipient" means a
					 minor teen parent or adult who receives cash aid from the county welfare
					 department for the CalWORKs or Cal-Learn program.
(b) "Child care provider" means an adult or
					 agency that provides child care services.
(c) "Contractor" means a public or private
					 non-profit agency that has a contract with the California Department of
					 Education for the provision of CalWORKs Stage 2 and/or Stage 3 child care
					 services.
(d) "Diversion services"
					 means one-time assistance services provided by the county welfare department,
					 either in cash or in non-cash services, to an otherwise CalWORKs eligible
					 family, when the county welfare department determines that such assistance will
					 help the family avoid becoming a CalWORKs cash aid recipient.
(e) "Family size" means the number of adults
					 and children related by blood, marriage, or adoption that comprise the
					 household in which the child is living.
(1)
					 When an adult living in the household is neither the parent of the child nor
					 the spouse of the parent, the adult and the adult's children if any, shall be
					 excluded from the calculation of family size.
(2) When a child is living with adult(s)
					 other than a natural or adoptive parent, the child shall be considered a family
					 of one. In these cases, a need criterion as specified in Section
					 18406(b) or (c) or
					 18421(b) or (c)
					 must be met by the caretaker of the child.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 1 - General Provisions › Section 18405 - Scope of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions contained in this
					 subchapter shall only apply to contractors authorized to establish, maintain,
					 or operate alternative payment programs for CalWORKs Stage 2 child care
					 programs as defined in Education Code section
					 8353.
(b) Except as otherwise provided in this
					 subchapter, contractors funded to establish, maintain, or operate alternative
					 payment programs for CalWORKs Stage 2 child care programs shall also comply
					 with the regulations contained in chapter 19, subchapter 1 (commencing with
					 section 17906), chapter 19, subchapter 2
					 (commencing with section
					 18012, except for section
					 18017 if child care is paid with
					 federal funds), and chapter 19, subchapter 15 (commencing with section
					 18300).
(c) CalWORKs Stage 2 child care services may
					 begin, following the processes set forth in sections
					 18409,
					 18409.3 or
					 18409.5, as applicable, when child
					 care is available through a local Stage 2 program and one of the following
					 occurs:
(1) The county welfare department
					 determines that the adult's work or work activity is stable;
(2) The adult is transitioning off CalWORKs
					 cash aid; or
(3) A family applies
					 and is found eligible for CalWORKs Stage 2 services.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18406 - Family Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At initial certification or
					 recertification, a family is eligible to receive CalWORKs Stage 2 child care
					 services if they meet the eligibility and need requirements pursuant to
					 Education Code section
					 8263(a)
					 and these regulations.
(b)
					 Contractors shall enroll families transferring from another Stage 1 or Stage 2
					 contractor in accordance with sections
					 18409 and
					 18409.3 of this article.
1. New
						article 2 (sections
						18406-18411) and section filed
						6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A
						Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 2 (sections
						18406-18411) and section refiled
						10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-2001 order, including
						amendment of section, transmitted to OAL 1-28-2002 and filed 3-12-2002
						(Register 2002, No. 11).
4. Amendment filed 5-21-2021; operative
						7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Section
						  8263,
						  Education Code. Reference: Section
						  8350.5,
						  Education Code; and Section
						  11323.2,
						  Welfare and Institutions Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18407 - Child Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A child living in the household of the
					 eligible family pursuant to section
					 18406 may receive CalWORKs Stage 2
					 child care services if she/he is:
(1) A son
					 or daughter of the eligible family;
(2) Receiving foster care benefits, federal
					 Supplemental Security Income (SSI), or State Supplemental Program (SSP)
					 benefits; or
(3) The responsibility
					 of the adult to support and for whom the lack of child care would result in the
					 adult not being able to work or participate in a work
					 activity.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18408 - Eligibility Duration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Families receiving CalWORKs cash aid are categorically eligible pursuant to
					 Education Code section
					 8350.5 to
					 receive CalWORKs Stage 2 child care as long as the family continues to meet the
					 need criterion pursuant to Education Code section
					 8263(a)(1)(B)
					 and these regulations.
(b) A
					 contractor's policies regarding family eligibility, except as provided in
					 section 18411(d), shall
					 not supersede the categorical eligibility of a family receiving CalWORKs cash
					 aid.
(c) When such a categorically
					 eligible family would otherwise have their child care terminated due to the
					 family's violation of a contractor's policy:
(1) The contractor shall notify the county
					 welfare department of the actions of the family that violated the policy in
					 order to determine what action(s) may be taken.
(2) The contractor may take additional steps
					 to remedy the situation that include but are not limited to:
(A) Developing a jointly agreed upon plan
					 with the county welfare department for specific services to be provided to the
					 family by the county welfare department.
(B) Jointly determining with the county
					 welfare department whether the family would better be served in CalWORKs Stage
					 1.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18409 - Enrollment into CalWORKs Stage 2 by Transfer from a Stage 1 CalWORKs Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A family is
					 transferred into Stage 2 from a county welfare department's Stage 1 program
					 when the following information is obtained by the receiving contractor from the
					 transferring agency:
(1) The parent's(s) full
					 name(s), address(es), and telephone number(s);
(2) The names and birth dates of all children
					 under the age of 18 years in the family, as defined in section
					 18078, regardless of whether they
					 are served in the CalWORKs program;
(3) The number of hours of child care needed
					 each day for each child;
(4) The
					 reason for needing child care services, if applicable;
(5) Family size and adjusted monthly income,
					 if in Stage 1 the contractor was assessing and collecting a family
					 fee;
(6) Employment or training
					 information for parent(s) including name and address of employer(s) or training
					 institutions(s) and days and hours of employment or training;
(7) Rate of reimbursement; and
(8) The name, address, and telephone number
					 of the child care provider and the type of eligible provider, pursuant to
					 section 18227.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18409.3 - Enrollment into CalWORKs Stage 2 when Transferring from Another CalWORKs Stage 2 Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 family is transferred into Stage 2 from another Stage 2 agency when the
					 following information is obtained by the receiving contractor from the
					 transferring agency:
(1) The parent's(s) full
					 name(s), address(es), and telephone number(s);
(2) The names and birth dates of all children
					 under the age of 18 years in the family, as defined in section
					 18078, regardless of whether they
					 are served in the CalWORKs program;
(3) The number of hours of child care needed
					 each day for each child;
(4) The
					 CalWORKs cash aid discontinuance date, if applicable;
(5) The reason for needing child care
					 services;
(6) Family size and
					 adjusted monthly income, if the Stage 2 contractor was assessing and collecting
					 a family fee;
(7) Employment or
					 training information for parent(s) including name and address of employer(s) or
					 training institutions(s) and days and hours of employment or
					 training;
(8) Rate of
					 reimbursement;
(9) The name,
					 address, and telephone number of the child care provider and the type of
					 eligible provider, pursuant to section
					 18227; and
(10) The date the family originally
					 transferred from Stage 1 to Stage 2, if applicable.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18409.5 - Enrollment into CalWORKs Stage 2 when Not Transferring from Another CalWORKs Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When a family who is not being transferred from a county welfare department's
					 Stage 1 program or another contractor's Stage 2 program requests CalWORKs Stage
					 2 child care services, an application for services must be completed, and shall
					 contain the following information and supporting documentation:
(1) The parent's(s) full name(s), address(es)
					 and telephone number(s);
(2) The
					 names and birth dates of all children under the age of 18 years in the family,
					 as defined in section
					 18078, regardless of whether they
					 are served in the CalWORKs program;
(3) The number of hours of child care needed
					 each day for each child;
(4) The
					 CalWORKs cash aid discontinuance date, if applicable;
(5) The reason for needing child care
					 services;
(6) Family size and
					 monthly adjusted income, if eligibility is based on income;
(7) Employment or training information for
					 the parent(s) including name and address of employer(s) or training
					 institutions(s) and days and hours of employment or training;
(8) The name, address, and telephone number
					 of the child care provider; and
(9)
					 The parent(s) signature and date of the signature.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18410 - Stage 2: Twelve-Month Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided by law or regulation, a
						family which transfers into Stage 2 from Stage 1 or another Stage 2 agency or
						is certified as eligible for services in Stage 2 shall remain eligible for
						services for no less than 12 months following the transfer from Stage 1 or the
						initial certification in Stage 2, as applicable, and no other changes shall be
						made by the contractor.
1. New
						section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001,
						No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001
						or emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 10-26-2001 as an emergency; operative
						10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be
						transmitted to OAL by 2-25-2002 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 10-26-2001 order, including amendment of subsection (e), transmitted to
						OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4.
						Amendment of section heading, repealer and new section and amendment of NOTE
						filed 5-21-2021; operative 7-1-2021 (Register 2021, No.
						21).
Note: Authority cited: Section
						  8263,
						  Education Code; Reference: Sections
						  8263,
						  8350,
						  8350.5 and
						  8353,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18410.1 - Recertification of Eligibility for Stage 2

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A family shall be recertified for
					 services by the contractor no later than 50 calendar days following either:
(1) The last day of the 12-month period
					 following the family's transfer from Stage 1 into Stage 2;
(2) The last day of the 12-month period
					 following from the family's initial certification in Stage 2; or
(3) The last day of the 12-month period
					 following the prior recertification in Stage 2, as
					 applicable.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18410.2 - Requirement to Report when Income Exceeds Statutory Threshold for Income Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a family is transferred to Stage 2,
					 either from Stage 1 or another Stage 2 agency and eligibility is based on
					 income, or when a family is certified or recertified for services in Stage 2 on
					 the basis of income eligibility, the contractor shall, at the same time:
(1) Provide the parent a copy of the income
					 calculation worksheet that verifies the family is income eligible when the
					 family is initially certified or recertified;
(2) Provide the parent with a copy of the
					 most recent Schedule of Income Ceiling eligibility table, as published by the
					 State Superintendent of Public Instruction; and
(3) Notify the parent in writing of the
					 following:
(A) The maximum adjusted monthly
					 income, adjusted for family size, and taking into account fluctuations in
					 income pursuant to section
					 18084.1(c), that
					 the family could earn, before the family would be disqualified for services,
					 based on ongoing requirements; and
(B) The requirement to notify the contractor,
					 within 30 calendar days, of any current and on-going income change that causes
					 the family's adjusted monthly income to exceed this maximum
					 amount.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18410.3 - The Family's Right to Voluntarily Request Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A family may, at any time, voluntarily
					 request to reduce a family fee or increase their certified schedule, and shall
					 provide applicable supporting documentation.
(b) When a family voluntarily requests to
					 reduce their family fee, the contractor shall:
(1) Use the documentation provided by the
					 parent, to reduce the family fee, if applicable, pursuant to sections
					 18083.1,
					 18084, and
					 18084.1;
(2) Within 10 business days after receipt of
					 applicable documentation, issue a Notice of Action pursuant to section
					 18419; and
(3) Only use any information received to
					 reduce the family fee, if applicable. No other changes to the certified
					 schedule shall be made.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 2 - Requirements and Procedures for Receiving CalWORKs Stage 2 Services › Section 18411 - Eligible Providers for Stage 2 Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The family has the right to select its
					 child care provider. Licensed child care centers, licensed family homes, and
					 child care exempt from licensure are valid parental choices of care for all
					 families receiving Stage 2 child care.
(b) If child care is funded with state funds,
					 a provider shall not be reimbursed for child care services that include
					 religious instruction or worship.
(c) The child care provider shall meet all of
					 the following requirements:
(1) Have a child
					 care license or be exempt from child care licensing requirements, as specified
					 in California Code of Regulations, title 22, sections
					 101158 and
					 102358.
(2) A license-exempt provider must:
(A) Be 18 years old or older,
(B) Meet or be exempt from Health and Safety
					 Self-Certification requirements; and
(C) Be an eligible provider, pursuant to
					 section 18227(c).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 3 - Requirements for Family Data File › Section 18412 - Family Data File

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For a
					 family that transfers from a Stage 1 or another Stage 2 agency, the receiving
					 contractor shall establish the family data file documentation based on the
					 information provided by the transferring agency pursuant to sections
					 18409 or
					 18409.3, as applicable. The family
					 should not be required to produce new documentation until they are recertified
					 for services pursuant to section
					 18410.1, unless they voluntarily
					 request changes pursuant to section
					 18410.3.
(b) For a family initially certified to
					 receive services in Stage 2 pursuant to section
					 18409.5 or a family recertified for
					 services in Stage 2 pursuant to section
					 18410.3, the contractor shall
					 establish and maintain a family data file in accordance with section
					 18081, as applicable.
1. New
						article 3 (section
						18412) and section filed 6-28-2001
						as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of
						Compliance must be transmitted to OAL by 10-26-2001 or emergency language will
						be repealed by operation of law on the following day.
2. New article
						3 (section 18412) and section refiled
						10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-2001 order transmitted
						to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4.
						Amendment filed 5-21-2021; operative 7-1-2021 (Register 2021, No.
						21).
Note: Authority cited: Sections
						  8261,
						  8261.5,
						  8263 and
						  8269,
						  Education Code. Reference: Sections
						  8353 and
						  8358.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 4 - Provider Payments and Parent Fees › Section 18413 - Provider Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The contractor shall reimburse each provider no more than that provider charges
					 unsubsidized families, not to exceed the maximum subsidy amount as defined in
					 Section 18074.1.
(b) Reimbursable hours of care shall include
					 work hours, commute hours, participation in county-approved activities, and
					 other eligible hours as approved by the contractor.
1. New
						article 4 (sections
						18413-18414) and section filed
						6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A
						Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 4 (sections
						18413-18414) and section refiled
						10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-2001 order transmitted
						to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4.
						Amendment filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003,
						No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or
						emergency language will be repealed by operation of law on the following
						day.
5. Amendment refiled 12-29-2003 as an emergency; operative
						12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be
						transmitted to OAL by 4-27-2004 or emergency language will be repealed by
						operation of law on the following day.
6. Certificate of Compliance
						as to 12-29-2003 order, including amendment of section, transmitted to OAL
						4-26-2004 and filed 6-8-2004 (Register 2004, No.
						24).
Note: Authority cited: Sections
						  8261 and
						  8269,
						  Education Code. Reference: Sections
						  8353 and
						  8357,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 4 - Provider Payments and Parent Fees › Section 18414 - Parent Fees and CO-Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided in this
					 Article, contractors shall apply the regulations contained in Chapter 19,
					 Subchapter 3, Article 5 (commencing with Section
					 18108, except for Sections
					 18110,
					 18111, and
					 18114
					 (b)).
(b) If a parent chooses a provider with a
					 usual and customary rate exceeding 1.5 standard deviations above the mean
					 market rate for the type of care provided, the parent may receive services from
					 that provider, in which case the parent is responsible for the difference
					 between the maximum payment rate and the provider's rate.
1. New
						section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001,
						No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001
						or emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 10-26-2001 as an emergency; operative
						10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be
						transmitted to OAL by 2-25-2002 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 10-26-2001 order transmitted to OAL 1-28-2002 and filed 3-12-2002
						(Register 2002, No. 11).
Note: Authority cited: Sections
						  8263 and
						  8269,
						  Education Code. Reference: Sections
						  8353 and
						  8357,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 5 - Program Policies › Section 18415 - Contractor Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor shall comply with chapter
					 19, subchapter 10, article 2 (commencing with section
					 18221, except for section
					 18224(a)(2)).
(b) The contractor shall provide an
					 application to all families requesting CalWORKs Stage 2 child care
					 services.
(c) The contractor shall
					 take action on any application submitted for CalWORKs Stage 2 child care
					 services within 30 calendar days starting with the first day after the filing
					 of the application.
(d) The
					 contractor shall assist parents in choosing child care services by providing
					 parents with a referral to the local resource and referral agency. The
					 contractor shall inform parents of policies developed pursuant to section
					 18413.
(e) The contractor shall not require the
					 family or the provider to furnish any eligibility or need documentation
					 previously provided to a county welfare department, another Stage 2 provider,
					 or an alternative payment program until the family is due to be
					 recertified.
(f) The contractor
					 shall permit the review of the family data file by the child's parent(s) upon
					 request and at reasonable times and places. The family data file may be
					 reviewed by a representative of the parent if the parent provides written
					 authorization for the review. The use or disclosure of all information
					 pertaining to the child and that child's family shall be restricted to purposes
					 directly connected with the administration of the program.
1. New
						article 5 (section
						18415) and section filed 6-28-2001
						as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of
						Compliance must be transmitted to OAL by 10-26-2001 or emergency language will
						be repealed by operation of law on the following day.
2. New article
						5 (section 18415) and section refiled
						10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-2001 order transmitted
						to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4.
						Amendment of subsections (a) and (d)-(f) and amendment of NOTE filed 5-21-2021;
						operative 7-1-2021 (Register 2021, No. 21).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Sections
						  8263,
						  8353 and
						  8358.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 6 - Data Reporting › Section 18416 - Data Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall submit statistical, cost, and
						program data to the California Department of Education by the date and in the
						format specified in the California Department of Education's
						request.
1. New
						article 6 (section
						18416) and section filed 6-28-2001
						as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of
						Compliance must be transmitted to OAL by 10-26-2001 or emergency language will
						be repealed by operation of law on the following day.
2. New article
						6 (section 18416) and section refiled
						10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-2001 order transmitted
						to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No.
						11).
Note: Authority cited: Sections
						  8261 and
						  8269,
						  Education Code. Reference: Sections
						  8353,
						  8357 and
						  8358.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 7 - Program Quality › Section 18417 - Quality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall adhere to the regulations contained
						in Chapter 19, Sections
						18271,
						18274,
						18277, and
						18279.
1. New
						article 7 (section
						18417) and section filed 6-28-2001
						as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of
						Compliance must be transmitted to OAL by 10-26-2001 or emergency language will
						be repealed by operation of law on the following day.
2. New article
						7 (section 18417) and section refiled
						10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-2001 order transmitted
						to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No.
						11).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Sections
						  8203 and
						  8353,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19.5 - CalWORKs and Early Learning and Care Programs › Subchapter 2 - CalWORKs Stage 2 Child Care Program › Article 8 - Due Process › Section 18418 - Parental Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall adhere to the regulations contained
						in Chapter 19, Sections
						18120,
						18121, and
						18122.
1. New
						article 8 (sections
						18418-18419) and section filed
						6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A
						Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 8 (sections
						18418-18419) and section refiled
						10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-2001 order transmitted
						to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No.
						11).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Sections
						  8353 and
						  8358.5,
						  Education Code.