Early Learning and Care Division
Subject: Single Parent Self-Certification-Documentation of the presence or absence of a parent
Number: 16-14
Date: August 2016
Expires: Until Rescinded
Authority: Senate Bill 828 amended the California Education Code (EC), Chapter 2, Section 8263.
Attention: Executive Directors and Program Directors of Early Care and Education Programs (CCTR), California State Preschool Programs (CSPP), Migrant Center Programs (CMIG) and eligible providers serving children through California Work Opportunity and Responsibility to Kids (CalWORKs) Stage 2 (C2AP), CalWORKs Stage 3 (C3AP), Migrant Alternative Programs (CMAP), Alternative Payment Programs (APP), and Severely Handicapped (CHAN) contracts.
Purpose
This Management Bulletin (MB) informs California Department of Education (CDE), Early Learning and Care Division (ELCD) contractors of a new law which changes documentation requirements for parents applying for child care services and claiming single parent status. This MB also informs contractors of updates to the Application for Service, also known as form EESD-9600, as a result of this new law. Contractors should use the newly-amended EESD-9600, available at https://www.cde.ca.gov/sp/cd/ci/documents/eesd9600.doc, or their agencies' own version of the Application for Service. Although the EESD-9600 form is not mandated, contractors who use forms other than the EESD-9600 are required to update their forms to reflect the changes to the current EESD-9600.
Authority
Senate Bill (SB) 828 (Education Omnibus Trailer Bill, Chapter 29, Statutes of 2016) amended EC, Chapter 2, Section 8263, effective July 1, 2016.
Background
Pursuant to Assembly Bill 104, a stakeholder group was convened to provide recommendations to streamline data and other reporting requirements for child care and early learning providers that contract with the Department with the goal of promoting efficiencies for providers and contractors. As a result of the stakeholder work, a recommendation was made to amend the California Code of Regulations, Title 5 (5 CCR) Section 18100(a), subdivisions (A) through (E), which currently requires a parent signing an application to enroll a child in subsidized services to provide documentation of the presence or absence of a second parent when only one parent is listed on the application. The recommendation was to require that, in lieu of requiring such documentation, a single parent could certify their status on the application for enrollment under penalty of perjury.
As a result of these recommendations, the Legislature enacted SB 828, amending the EC, Section 8263 to require, in essence, that a parent claiming single parent status attest to that status under penalty of perjury in lieu of requiring documentation to support that status. The amendment to the EC, Section 8263, effectively invalidates documentation requirements in the 5 CCR, Section 18100 (2) and (3).
In accordance with legislation, the CDE has modified Section V of the EESD-9600 to include an additional line for a parent claiming single parent status in Section I to self-certify that status under penalty of perjury. Contractors should use the newly-amended EESD-9600, attached to this MB, or their own version of EESD-9600, updating their form to reflect the changes to the current EESD-9600.
Policy
SB 828 amended the EC, Section 8263, to add subsection (a)(2) which provides:
(2) If only one parent has signed an application for enrollment in child care services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent.
Directives
To effectively implement the provisions of the EC, Section 8263(a)(2), contractors must cease requesting the documentation set forth in the 5 CCR, Section 18100(a)(2) and (3), when a parent has indicated on the form that they are a single parent/caretaker. Contractors should require that the parent claiming single parent status check the box in Section I of the EESD-9600, initial in Section V that they self-certify their single parent status under penalty of perjury and sign the application. Contractors should use the newly-amended EESD-9600, attached to this MB, or their own version of the EESD-9600. Contractors who use forms other than the EESD-9600 are required to update their forms to reflect the changes to the current EESD-9600.
The enrolling agency must ensure that the parent claiming single parent status has read and initialed number one in Section V of the EESD-9600 or a comparable self-certification in the agency’s own form. The ELCD will no longer be verifying the documentation requirements, as dictated in 5 CCR, Section 18100(a)(2) and (3), but instead will verify that the single parent has appropriately self-certified their status under penalty of perjury.
If you have any questions regarding the information in this management bulletin, please contact your assigned Early Learning and Care Division Field Services Consultant at https://www.cde.ca.gov/sp/cd/ci/assignments.asp or by phone at 916-322-6233.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 EC Section 33308.5.