Article 15.4. Individualized County Child Care Subsidy Plan of California Education Code >> Division 1. >> Title 1. >> Part 6. >> Chapter 2. >> Article 15.4.
On and after July 1, 2014, the individualized county child
care subsidy plan for the County of San Mateo that was developed as a
pilot project pursuant to Article 15.3 (commencing with Section
8340), as that article read on January 1, 2013, may continue in
existence and may be implemented in accordance with the provisions of
this article. The plan shall ensure that child care subsidies
received by the County of San Mateo are used to address local needs,
conditions, and priorities of working families in those communities.
For purposes of this article, "county" means the County of
San Mateo.
For purposes of this article, "plan" means an
individualized county child care subsidy plan developed and approved
as described in Section 8347, which includes all of the following:
(a) An assessment to identify the county's goal for its subsidized
child care system. The assessment shall examine whether the current
structure of subsidized child care funding adequately supports
working families in the county and whether the county's child care
goals coincide with the state's requirements for funding,
eligibility, priority, and reimbursement. The assessment shall also
identify barriers in the state's child care subsidy system that
inhibit the county from meeting its child care goals. In conducting
the assessment, the county shall consider all of the following:
(1) The general demographics of families who are in need of child
care, including employment, income, language, ethnic, and family
composition.
(2) The current supply of available subsidized child care.
(3) The level of need for various types of subsidized child care
services, including, but not limited to, infant care, after-hours
care, and care for children with exceptional needs.
(4) The county's self-sufficiency income level.
(5) Income eligibility levels for subsidized child care.
(6) Family fees.
(7) The cost of providing child care.
(8) The regional market rates, as established by the department,
for different types of child care.
(9) The standard reimbursement rate or state per diem for centers
operating under contracts with the department.
(10) Trends in the county's unemployment rate and housing
affordability index.
(b) (1) Development of a local policy to eliminate state-imposed
regulatory barriers to the county's achievement of its desired
outcomes for subsidized child care.
(2) The local policy shall do all of the following:
(A) Prioritize lowest income families first.
(B) Follow the family fee schedule established pursuant to Section
8273 for those families that are income eligible, as defined by
Section 8263.1.
(C) Meet local goals that are consistent with the state's child
care goals.
(D) Identify existing policies that would be affected by the
county's plan.
(E) (i) Authorize any agency that provides child care and
development services in the county through a contract with the
department to apply to the department to amend existing contracts in
order to benefit from the local policy.
(ii) The department shall approve an application to amend an
existing contract if the plan is modified pursuant to Section 8347.3.
(iii) The contract of a department contractor who does not elect
to request an amendment to its contract remains operative and
enforceable.
(3) The local policy may supersede state law concerning child care
subsidy programs with regard only to the following factors:
(A) Eligibility criteria, including, but not limited to, age,
family size, time limits, income level, inclusion of former and
current CalWORKs participants, and special needs considerations,
except that the local policy shall not deny or reduce eligibility of
a family that qualifies for child care pursuant to Section 8353.
Under the local policy, a family that qualifies for child care
pursuant to Section 8354 shall be treated for purposes of eligibility
and fees in the same manner as a family that qualifies for
subsidized child care on another basis pursuant to the local policy.
(B) Fees, including, but not limited to, family fees, sliding
scale fees, and copayments for those families that are not income
eligible, as defined by Section 8263.1.
(C) Reimbursement rates.
(D) Methods of maximizing the efficient use of subsidy funds,
including, but not limited to, multiyear contracting with the
department for center-based child care, and interagency agreements
that allow for flexible and temporary transfer of funds among
agencies.
(c) Recognition that all funding sources utilized by direct
service contractors that provide child care and development services
in the county are eligible to be included in the county's plan.
(d) Establishment of measurable outcomes to evaluate the success
of the plan to achieve the county's child care goals, and to overcome
any barriers identified in the state's child care subsidy system.
(a) Within 30 days of receiving any modification to the
plan, the Child Development Division shall review and either approve
or disapprove that modification to the plan.
(b) The Child Development Division may disapprove only those
portions of modifications to the plan that are not in conformance
with this article or that are in conflict with federal law.
(a) The county shall annually prepare and submit to the
Legislature, the State Department of Social Services, and the
department a report that summarizes the success of the county's plan,
and the county's ability to maximize the use of funds and to improve
and stabilize child care in the county.
(b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
A participating contractor shall receive any increase or
decrease in funding that the contractor would have received if the
contractor had not participated in the plan.