• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Child Care Law Center

Child Care Law Center

Advocating for Children Since 1980

  • Get Legal Help
  • Get Help
    • Get Email Updates
    • Get Legal Help
    • Fight for Change
  • Donate
  • Get Email Updates
  • Attorneys
    • Orientation to Child Care
    • Housing Rights
    • Affordable Child Care
    • Kids with Disabilities
    • Is this Legal?
  • Child Care Providers
    • Business Ownership
    • Housing Rights
    • Kids with Disabilities
    • Is this legal?
  • Families
    • Financial Assistance
    • Kids with Disabilities
    • Is this legal?
  • Policy Advocacy
    • Policy Updates
    • Affordable Child Care
    • Home-Based Child Care Programs
    • State Budget & Legislation
    • Federal Budget & Legislation
    • Racial Equity in Child Care
  • About Us
    • Our Mission
    • Our Impact
    • Staff & Board
    • Donors
    • Financials
    • Employment Opportunities
    • Contact Us

Policy Updates

Family Child Care Providers Gain Access to New, Clear Safety Rules from State Fire Marshal

August 19, 2022 by scarlin Leave a Comment

New fire guidance that clarifies the rules for family child care homes was released by the Office of the State Fire Marshal (OSFM) on March 19, 2021. Fire regulations for family child care homes unlawfully vary throughout the state. The law requires all fire regulations for family child care homes to comply with the state law and to be applied the same in each city and county. Local fire departments cannot create their own rules that do not comply with state law. 

Here are some highlights from the OSFM – Guidance for Family Day Care Homes:

  • Licensed family child care homes, regardless of capacity, are allowed in all residential neighborhoods and in single-family homes, apartments, condos, townhomes, duplexes, and all other multi-family buildings. 
  • The fire inspection process cannot require that family child care homes obtain a zoning permit or business license, because such requirements are prohibited by state law. 
  • City and county ordinances (local laws) for fire & life safety do not apply to family child care homes unless they apply to all dwellings of the same occupancy group.
  • In order to use a garage as part of the family child care home, it must be converted into a habitable space with an approved building permit.
  • Small family child care homes cannot be required to obtain a fire clearance. The Community Care Licensing Division under the CA Department of Social Services (“Child Care Licensing”) determines whether small family child care homes meet the fire requirements. 
  • Large family child care homes are required to obtain a fire clearance inspection (STD 850), but fire departments cannot charge for this inspection. Fire departments can charge for pre-inspections, which are optional.  
  • Annual fire inspections are not required for most large family child care homes. The only instance would be if a local law requires an annual fire inspection for all homes of the same type. 

This Guidance for Family Child Care Homes from the State Fire Marshal will serve as a valuable resource for providers to know what to expect from the fire clearance inspection, and how to avoid paying extra fees to their city, county, and local fire departments. Family child care is a vital community asset, close to home, and provides a nurturing environment that parents want for their kids. When providers have the tools they need to care for children, it benefits everyone. Thanks to the collaborative work of the Child Care Law Center and family child care providers to get SB 234 passed, we now have uniform rules that must be equitably applied statewide and all children can be safer.

Why The Child Care Law Center Got Involved:

California has a child care shortage — especially after the pandemic, which caused many providers to close their doors. A key requirement to get a license for a large family child care home is to pass a fire inspection, which has been historically very difficult and unnecessarily expensive. Fire inspection barriers for providers have exacerbated the shortage. We urged the State Fire Marshal to issue the guidelines that would make requirements in all cities uniform. Now, thanks to our work with the State Fire Marshal, family child care providers have fewer barriers to opening and operating their family child care homes, and more families will have affordable, enriching child care close to home.

For more information, and to read the full guidance from the California State Fire Marshal, click here. For questions or concerns, please contact our Community Advocate, Toni Robertson, at trobertson@childcarelaw.org.

Filed Under: Updates

Early Childhood Educators Deserve Student Debt Forgiveness!

August 11, 2022 by scarlin Leave a Comment

Submit Comments by Friday, August 12 for Public Service Loan Forgiveness

The US Department of Education is asking for public comment on a proposed rule. It would expand student loan forgiveness to EC educators in for-profit settings.

We support expanded eligibility and including family child care providers in the loan forgiveness plan. Add a personal comment if you can.

Submit your comment here!

The deadline is Friday, August 12.

These are highlights of our comments:

1.  Federal funding provisions make it possible to identify ECE employers, even when providers do not directly get federal funds

2.  In addition to Employer Identification Numbers, self-attestation and 1099 forms must be allowable as proof of employment, to allow sole proprietors (like family child care providers) to participate.

3.  The student loan forgiveness program should be open to all EC educators, not just those with federal child care subsidies.

4. It is consistent with the loan forgiveness plan goals to include for-profit child care, because child care is an essential public service, and yet there is no universal public system.

5.  Black and brown women would be disproportionately harmed if for-profit child care and family child care programs are not included in the student loan forgiveness plan.

Read all of our comments here.

Filed Under: Updates

Joint Statement on the 2022–2023 California Budget from Parent Voices CA & Child Care Law Center

July 1, 2022 by scarlin Leave a Comment

July 1, 2022

The 2022-2023 state budget process was important and exhausting. Our families and providers showed up at the Capitol, at legislative hearings, on Zoom, and in the streets to share their lived experiences.

Child care wait lists are crushingly long. Subsidized child care is difficult to access and pays child care providers pennies. Family fees destroy a parent’s ability to pay rent or save for the future.

California is a sanctuary state for reproductive freedoms. We desire that California become a nourishing sanctuary for early childhood.

People must be able to choose when to become parents. And when they do, the Golden State should have systems in place ready and waiting for them. Instead, our early care systems for babies and toddlers are some of the most underserved and underfunded. 

We’re grateful for the one-year waiver of family fees in the final California State Budget. And our parents are already anxious about what happens when the waiver runs out. 

In the next budget action, whether in August or January, we have to put money behind our values. We can’t expand child care without holding sacred the child care workforce.

We can’t be a beacon if providers are being paid poverty wages and the fragile system is held together on the backs of women of color and low-income families.

As parents who have been fighting for decades, providers who have been holding up our economy without living pay and with no benefits, as advocates offering clear solutions to this dire problem, we assert that we have a right to parent with dignity, knowing our children are safe and thriving. 

We are disappointed, yet unwavering in our commitment to action.

Filed Under: Updates

Updates on the US Senate Plan to Fund Child Care

June 7, 2022 by scarlin Leave a Comment

5/27/22

Congress has not yet voted on sending money for child care to every state. Senator Murray and Senator Kaine’s proposal calls for $150 – $200 billion for child care in the federal reconciliation package to help more families get child care, lower costs, and pay child care providers more livable wages. 

Experts Agree: This Proposal is Crucial for Families 

A new analysis from the Center for Law and Social Policy (CLASP) shows that more than 1 million new children and their families could benefit from the plan. Hannah Matthews, deputy executive director for policy at CLASP said, “The proposed investment would be a crucial step toward building the child care and early education system that children, families, and workers need and deserve. Matthews added that “to address the country’s longstanding child care crisis, Congress must work urgently to lower costs for families, expand the supply of quality child care and preschool, and raise wages for the early childhood workforce.” 

While Congress has not yet voted on this plan, our allies at Child Care Aware, the National Women’s Law Center, and many others have been working hard to make sure child care gets included in the Reconciliation proposal, and remain hopeful that Senate will pass it this summer. 

This is our only option to fund child care this year after Senate would not pass the Build Back Better Act. That’s why we ask you to join us to urge Senate to prioritize child care in the Reconciliation package and vote yes! 

Here’s how you can take action:

  • Contact your Senator today to make sure they make the right choice for families, children, and child care providers!
  • Learn more about the proposal with this press release and fact sheet from the Senate HELP Committee.

Filed Under: Updates

The Final State Budget Update 7/1/22

June 7, 2022 by scarlin Leave a Comment

Updates from June 27 – July 1, 2022

Governor Newsom signs California State Budget for FY 2022-2023

On June 27, the Governor signed The Budget Act (SB 154). On June 30, the Governor signed the Budget Bill Junior (AB 178), which modifies the Budget Act to finalize the total California State Budget.

Funding for child care in the State Budget: 

  • Waives family fees for child care and preschool programs 
  • Funds child care spaces for Alternative Payment Program, General Child Care, and Migrant Child Care (approximately $952 million for child care spaces and fees)
  • Infrastructure for child care facilities ($100.5 million)
  • Allows the Child Care Providers United Union (CCPU) to create and administer a health care benefits trust ($100 million)
    • Contributes state funding to CCPU’s health care benefits trust ($100 million)
    • Gives CCPU the means to establish a retirements benefits trust, after an agreement with the State ($100 million)
    • Provides CCPU with the funding to survey retirement needs ($40 thousand)
  • Supports CalWORKs clients experiencing homelessness or housing instability ($285 million)
  • Increases help to counties providing assistance for CalWORKs eligibility ($55 million)  
  • Supports  grant programs to strengthen child care:
    • Universal Preschool Planning Grant  (18.3 million)
    • Expand Alternative Payment Programs’ capacities ($20 million)
    • Early Head Start and Child Care Partnership Grant ($5 million)

 The Governor also signed the Early Childhood Education trailer bill (AB 210) on June 30. This bill makes necessary changes to the current law to implement the State Budget, including:

  • Reimbursing child care providers based on enrollment, rather than attendance
  • Waiving child care family fees for child care programs

Despite an unprecedented $97.5 billion surplus and $300 billion total state budget, Governor Newsom failed to adopt a child care budget that could have been life-changing for California families. By leaving in place our deeply inequitable child care system, he will continue to underpay child care providers for their valuable work. He will leave out the Black and Brown women who nurture and educate our children.  Parents with the least resources will continue to struggle to find affordable, enriching child care. 

Though the Governor signed the state budget, the chance for good policy decisions has not passed.  Governor Newsom can still bring direct, long-lasting relief to thousands of families by signing the Affordable Child Care Family Fees Act, AB 92 (Gómez Reyes) when it comes before him. This bill will make publicly-funded child care significantly more affordable for families and save money for child care providers. It is one step towards healing the harm caused by anti-Black policies that have prevented families from economic success.

The Senate Appropriations Committee will hear the Affordable Child Care Family Fees Act in early August. If it passes, the Governor can sign the bill and fulfill his commitment to a fairer and more just California for every family. 

Updates from June 13 – 17, 2022

Budget Act 2022 Passed the Legislature, to Governor Newsom

On Monday, June 14, the Assembly voted to pass SB 154, The Budget Act. The Legislature presented the Budget to Governor Newsom on Wednesday, June 15. The Governor must sign it by June 30 to become effective for the next fiscal year starting July 1.  

Funding for child care includes:

  • $668.8M to fund Alternative Payment Program (APP), General Child Care, and Migrant Child Care spaces, including waiving family fees and prioritizing General Child Care spaces for children ages 0-3.  
  • $18.3M for the California Universal Preschool Planning Grant Program 
  • $285M to support CalWORKs clients experiencing homelessness or housing instability
  • $20M for APP capacity grants
  • $149.7M for child care facilities 
  • $5M for the Early Head Start and Child Care Partnership Grant

The Budget includes Child Care programming changes to:

  • Increase meal reimbursement rates for child care centers and family child care homes 
  • Allow the Department of Social Services to pay direct child care contractors with direct deposit and offer advance payment

Further funding proposals are summarized in the Assembly Floor Report for the 2022-23 Budget. 

How you can take action:

Governor Newsom has the chance to give child care providers the fair wages they are owed by increasing child care subsidy rates. Stand up for child care providers by calling the Governor!

Updates from June 6 – 10, 2022

Budget Bill AB 154 

On Wednesday, June 8, the legislature updated AB 154, the Budget Act of 2022. 

Funding for child care includes:

  • $668.8M to fund Alternative Payment Program (APP), General Child Care, and Migrant Child Care spaces, including waiving family fees and prioritizing General Child Care spaces for children ages 0-3. 
  • $18.3M for the California Universal Preschool Planning Grant Program 
  • $285M to support CalWORKs clients experiencing homelessness or housing instability
  • $20M for APP capacity grants
  • $149.7M for child care facilities 
  • $5M for the Early Head Start and Child Care Partnership Grant

The Budget includes Child Care programming changes to:

  • Increase meal reimbursement rates for child care centers and family child care homes 
  • Allow the Department of Social Services to pay direct child care contractors with direct deposit and offer advance payment

Senate Budget and Fiscal Review Committee

On Thursday, June 9, the Senate Budget and Fiscal Review Committee voted to move the Budget Act forward through the legislative process. The legislature must pass its budget by midnight on June 15. The Governor must sign it by June 30 to become effective for the next fiscal year starting July 1.  

How you can take action:

Governor Newsom has the chance to give child care providers the fair wages they are owed by increasing child care subsidy rates. Stand up for child care providers by calling the Governor!

Updates from May 16 – May 20, 2022

After Governor Newsom released the May Revise on May 13, the Senate and the Assembly met this week to discuss how they would agree on a state budget before the June 15 deadline. 

Child care advocates also showed up in full force to voice support for their Budget requests.  Advocates are united: The Legislature needs to raise reimbursement rates and offer health insurance to child care providers; give retirement benefits to child care providers; Waive child care fees for families, and fund infrastructure proposals. 

Child Care Providers United rallied to uplift their needs for health and retirement plans. The California Alternative Payment Program Association (CAPPA) held a press conference to support AB 1649, its legislative proposal to pay child care programs more equitably.

Updates on Waiving Family Fees:

The Department of Finance released the trailer bill language to waive family fees for one more year, from July 1, 2022, to June 30, 2023. The state will continue to pay child care providers the total subsidy, so they do not have to shoulder costs.*

The Latest from Senate and Assembly Budget Subcommittees:

The Senate and Assembly budget subcommittees each held hearings in response to the Governor’s May Revise. 

  • Assemblymembers in the Education Finance Subcommittee addressed areas lacking in the May Revise and issues to prioritize, such as:
    • Increasing child care subsidy reimbursement rates
    • Extending the waiver of family fees through 2024 
    • Increasing Head Start teachers’ pay

The Senate had already released its budget priorities, which includes $1 B for child care  for better pay and improved benefits for providers, stabilize state preschool and continue to waive family fees)

 The Assembly is expected to release its budget proposals by the end of May. 

The Senate and Assembly budget subcommittees will continue meeting until they agree on a final budget. The Assembly and the Senate must pass the state budget by June 15, 2022.

* When families are exempt from paying the “family fee,” child care providers would be shortchanged in those instances where they (rather than a local agency) are responsible for collecting the fee from the families in their child care program. Therefore, it’s important that the Department of Finance specify that a child care provider be fully paid.  

Filed Under: Updates

Child Care Law Center’s Response to the May Revise

June 7, 2022 by scarlin Leave a Comment

5/13/22

On May 13th, Governor Newsom released his May Revise of his proposed California budget for 2022-23. 

The May Revise gives California a strong starting point toward a more equitable child care system, and Child Care Law Center commends Governor Newsom for proposing to waive family fees for one year through June 30, 2023.

“Giving families a break from paying child care fees will help thousands of families overcome the hardship of the pandemic. It is a significant step for racial justice. These fees have hurt Black, Brown, and immigrant families for many years, ” said Laurie Furstenfeld, Co-Director of Legal & Legislative Advocacy at the Law Center.

While the Law Center is thrilled to see this commitment to guaranteeing child care for all families, we are disappointed that Governor Newsom is not extending the waiver for two years, as allowed by federal relief funds. Governor Newsom’s proposed budget still falls short of ensuring decent pay, health care, and retirement benefits for child care providers. With a $97 billion state surplus, we have the funding to guarantee these provisions for children, families, and child care providers, and urge the Governor to do so in the final California Budget. 

Child Care Provisions in Governor Newsom’s May Revise:

  • Waives family fees for one year, through June 30, 2023
  • Assures that child care providers and preschools will be fully paid based on enrollment
  • Infrastructure Grant Program for child care providers to pay for renovations and repairs at their family child care homes, with $200.5 million in funding.
  • Provides 36,000 additional child care spaces for publicly funded child care, totaling 145,000 when combined with spaces from the 2021 Budget Act.
  • Follows through on its commitment to give a full year of reimbursement rate increases for child care providers, with $413 million.

You can read the full May Revise here. 

What’s Next:

The State Senate has already shared its priorities. They propose to spend $8 billion of the General Fund surplus to help middle-class and struggling families in a package that includes:

  • $1 B for child care (better pay for providers, improved benefits for providers, stabilize state preschool and continue to waive family fees)
  • Funding for the minimum CalEITC tax credit
  • Increase in the amount of CalWORKs grants
  • Improved foster care services

The full Senate Budget Proposal is here. 

The Legislative Women’s Caucus has also prioritized child care, pledging to fight for $1.9 B for child care providers’ wages, health care, and retirement plans, waive family fees and support child care infrastructure.

In the next few weeks, lawmakers will hold budget hearings and reach a compromise between the priorities of Governor Newsom, the Senate, and the Assembly.

How you can take action:

Child Care Providers United invites allies to join the rally to tell Governor Newsom to make good on his commitment to providers:

Wednesday, May 18, 2022 

11:30 a.m.

Sheraton Hotel at the corner of J St. and 12th in Sacramento, CA

Family child care providers keep students learning and families working, they deserve the basics like retirement and affordable healthcare. But, only one in ten childcare providers have a retirement plan. This is not how we treat the backbone of our economy.

The Law Center, the ECE Coalition, and Child Care Providers United (CCPU) agree that the child care industry should offer quality middle class jobs with retirement and affordable healthcare. We can’t afford to let this workforce shrink. Join child care advocates as we tell legislators and Governor Newsom: child care providers need health care now!

Filed Under: Updates

  • « Go to Previous Page
  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Go to page 4
  • Go to Next Page »

Footer

Contact Us

Child Care Law Center
PO Box 9066
Berkeley, CA 94709
(415) 558-8005

Stay Connected

  • Attorneys
    • Orientation to Child Care
    • Housing Rights
    • Affordable Child Care
    • Kids with Disabilities
    • Is this Legal?
  • Child Care Providers
    • Business Ownership
    • Housing Rights
    • Kids with Disabilities
    • Is this legal?
  • Families
    • Financial Assistance
    • Kids with Disabilities
    • Is this legal?
  • Policy Advocacy
    • Policy Updates
    • Affordable Child Care
    • Home-Based Child Care Programs
    • State Budget & Legislation
    • Federal Budget & Legislation
    • Racial Equity in Child Care
  • About Us
    • Our Mission
    • Our Impact
    • Staff & Board
    • Donors
    • Financials
    • Employment Opportunities
    • Contact Us
  • Privacy
  • Contact Us

Copyright © 2023 Child Care Law Center