Skip to content
Printer-friendly version

Management Bulletin 06-14


Child Development Division

Subject: Update to Changes in Law Affecting Child Care and Development Services for At Risk and Child Protective Services Families

Number: 06-14

Authority: SB 1104 (Chapter 229, Statutes of 2004) Education Code Section 8263(b) and (f), and California Code of Regulations, Title 5, Education, sections 18103, 18095, 18119, 18418, 18419, 18433, and 18434

Date: July 2006

Expires: Until rescinded

Attention: Executive Officers and Program Directors of All Child Care and Development Programs Except State Preschool or Programs Funded Pursuant to Education Code Section 8250 Exclusively Serving Exceptional Needs Children

Purpose

The purpose of this Management Bulletin is to rescind and replace Management Bulletin 04-12. Management Bulletin 04-12 contained information regarding programmatic changes affecting children receiving subsidized child care and development services who are determined eligible because they are receiving child protective services (CPS), or are children who are at risk of abuse, neglect, or exploitation (at risk). This new Management Bulletin clarifies the procedures child development contractors must follow as a result of passage of Senate Bill 1104 (Chapter 229, Statutes of 2004) which became effective August 16, 2004, and the expiration of emergency regulations written to implement the enacted legislation. The emergency regulations were in effect from May 6, 2005, to February 13, 2006. The changes identified in this Management Bulletin will not affect State Preschool programs, or programs funded pursuant to Education Code (EC) Section 8250 exclusively serving exceptional needs children.

Background

Senate Bill 1104 added new language to EC sections 8263(b)(1)(B), 8263(b)(1)(C), and 8263 (f)(1) regarding child development services and fee assessment for CPS and at risk children. The California Department of Education (CDE), Child Development Division (CDD) promulgated emergency regulations to implement the enacted legislation. The emergency regulations became effective on May 6, 2005, and expired on February 13, 2006. With the expiration of the emergency regulations, the prior regulations became re-effective.

Child development contractors must follow EC sections 8263(b) and (f). At the present time and until new regulations are adopted, contractors must also follow the provisions of the California Code of Regulations (CCR), Title 5, Education, related to CPS and at risk children that are not in conflict with the new law. Legal requirements specified in the EC supersede regulatory requirements specified in the CCR.

Program Requirements
At Risk Children

Section 8263(b)(1)(B) of the EC was added to say that children at risk of abuse, neglect, or exploitation are eligible to receive child development services for up to three months. Currently, CCR, Title 5, Education, Section 18103, Recertification, conflicts with the statute in that it requires that recertification occur at least once every six months for families receiving services because the child is at risk of abuse, neglect, or exploitation.

When a family with an at risk referral is certified for child development services, the Notice of Action, Application for Services, should state that services are approved for a maximum of three months.

Contractors should include with the Notice of Action, Application for Services, a letter containing information regarding the new law, the limitation of services, and the documentation that will be required to receive ongoing child care and development services after the three month period as described below.

Pursuant to the EC, the family can continue to receive child care and development services based on any one of the following reasons:

The proposed regulations will clarify that child care services continue to be necessary if the county child welfare agency certifies that the child is not receiving protective services and:

If the family does not meet one of the above listed reasons authorized by the EC or does not provide documentation necessary to support the reason, a Notice of Action must be issued terminating child development services. When issuing a Notice of Action, agencies must comply with the CCR, Title 5, Education, sections 18095, 18119, 18418, 18419, 18433, and 18434 including specifying the basis for termination and providing instructions to parents about their appeal rights. Agencies must provide a fair and impartial hearing to any family who files an appeal.

Children Receiving CPS

Section 8263(b)(1)(C) of the EC was added to say that a family may continue to receive child development services for up to 12 months if the county welfare department, child welfare services worker certifies that the child is receiving CPS. CCR, Title 5, Education, Section 18103, Recertification, stating that recertification shall occur at least once every six months for families receiving services because the child is receiving protective services, conflicts with the statute.

Contractors must complete the recertification process within the time specified on the original CPS referral. The family can continue to receive child development services based on either of the following reasons:

If the family does not meet one of the above listed reasons or does not provide documentation necessary to support the reason, a Notice of Action must be issued terminating child development services. When issuing a Notice of Action, agencies must comply with the CCR, Title 5 Education, sections 18095, 18119, 18418, 18419, 18433, and 18434 including specifying the basis for termination and providing instructions to parents about their appeal rights. Agencies must provide a fair and impartial hearing to any family who files an appeal.

Payment of Family Fees for At Risk and CPS Children

Section 8263(f)(1)(C) of the EC was amended to say that the fee schedule shall be utilized for all families including families with children who are identified as at risk or who are receiving CPS. The amendment also states that families with at risk children may be exempt from paying fees for up to three months and families with children receiving CPS may be exempt from paying fees for up to 12 months.

Sections 18109 of the CCR, Title 5, Education, Fee Assessment, Explanation to Parents, and 18110, Exceptions to Fee Assessment conflicts with EC Section 8263(f) (1)(C). These CCR sections state that fees shall be assessed and collected except for families who are receiving child development services because the child is receiving CPS.

Contractors must follow the EC and assess and collect fees for at risk and CPS families unless a fee exemption has been granted. The new law does not specify how a fee exemption will be requested or documented. As a result, until revised regulations are developed, the CDE will impose federal requirements that allow the family to be exempt from paying fees if the legally qualified professional from a legal, medical, social services agency, or emergency shelter specifies in the referral that it is necessary to waive the family fee. For families with a fee exemption, income information will not be required and fees will not be assessed or collected.

If the referral from the legally qualified professional from a legal, medical, social services agency or emergency shelter does not waive the fee, income information must be obtained from the family. Fees must be assessed and collected, as applicable, based on the most recent fee schedule issued by the CDE, CDD. Fee assessment and collection will begin on the first day of enrollment unless the fee is waived.

If the family is over income based on family size, the family will still remain eligible as an at risk or CPS family. The fee collected will be the maximum amount listed on the most recent fee schedule issued by the CDE, CDD.

Twelve-Month Limit on Fee Exemptions

Family fees may be exempted for at risk and CPS children for up to 12 cumulative months. Fee exemptions cannot be granted beyond 12 months regardless of whether the child continues to be eligible as a CPS child. The 12-month time limit is a cumulative total.

Questions regarding the information in this Management Bulletin should be addressed to the assigned CDD Field Services Consultant.

This Management Bulletin is mandatory only to the extent that it cites a specific statutory and/or regulatory requirement. Any portion of this Management Bulletin that is not supported by a specific statutory and/or regulatory requirement is not prescriptive pursuant to Education Code 33308.5.

Questions:   Child Development Division | 916-322-6233
Download Free Readers