Senate Bill 1994c1

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    Florida Senate - 2000                           CS for SB 1994

    By the Committee on Children and Families; and Senator Clary





    300-1899A-00

  1                      A bill to be entitled

  2         An act relating to child care and early

  3         intervention; amending s. 402.27, F.S.;

  4         providing that the services of child care

  5         resource and referral agencies include

  6         assisting families in identifying summer camp

  7         programs; providing for the development and

  8         distribution of a health and safety checklist;

  9         amending s. 402.3015, F.S.; increasing family

10         income limits for continued eligibility for

11         subsidized child care; providing that an

12         eligible family shall be considered a needy

13         family for federal Temporary Assistance for

14         Needy Families funding, subject to

15         appropriations; creating s. 402.3017, F.S.;

16         establishing the Teacher Education and

17         Compensation Helps (TEACH) scholarship program;

18         authorizing the department to contract for

19         administration of the program and to adopt

20         rules; creating s. 402.3019, F.S.; establishing

21         a program to provide a statewide network of

22         child care health consultation services;

23         providing for involvement of the community

24         child care coordinating agencies, the Florida

25         Partnership for School Readiness and local

26         school readiness coalitions, and other public

27         and private child health partners; specifying

28         duties and responsibilities of child care

29         health consultants; providing for a training

30         program, to be provided by a university through

31         a contract with the Florida Partnership for

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  1         School Readiness; providing duties and

  2         responsibilities of the contracting university;

  3         amending s. 402.302, F.S.; revising the

  4         definition of the term "large family child care

  5         home" to include certain children related to

  6         the caregiver; creating s. 402.3028, F.S.;

  7         providing procedures for referrals for

  8         developmental assessment of children in

  9         subsidized child care programs; amending s.

10         402.305, F.S.; revising standards for child

11         transportation safety; creating s. 402.3054,

12         F.S.; defining the term "child enrichment

13         service provider"; specifying requirements

14         relating to parental consent, compensation, and

15         background screening for such providers

16         providing services in a child care facility;

17         amending s. 402.315, F.S.; revising

18         responsibilities for costs when a county

19         designates a local agency to license child care

20         facilities; amending s. 409.178, F.S.; removing

21         a restriction on the use of child care

22         purchasing pool funds, under the Child Care

23         Executive Partnership Act; directing the

24         statewide child care resource and referral

25         network to convene a workgroup and develop

26         recommendations relating to summer camp

27         programs; providing an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Present subsection (9) of section 402.27,

  2  Florida Statutes, is redesignated as subsection (10) and a new

  3  subsection (9) is added to that section to read:

  4         402.27  Child care and early childhood resource and

  5  referral.--The Department of Children and Family Services

  6  shall establish a statewide child care resource and referral

  7  network. Preference shall be given to using the already

  8  established central agencies for subsidized child care as the

  9  child care resource and referral agency.  If the agency cannot

10  comply with the requirements to offer the resource information

11  component or does not want to offer that service, the

12  Department of Children and Family Services shall select the

13  resource information agency based upon a request for proposal.

14  At least one child care resource and referral agency must be

15  established in each district of the department, but no more

16  than one may be established in any county.  Child care

17  resource and referral agencies shall provide the following

18  services:

19         (9)  Assistance to families in identifying summer

20  recreation camp and summer day camp programs and in evaluating

21  the health and safety qualities of summer camp programs.

22  Contingent upon specific appropriation, a checklist of

23  important health and safety qualities that parents can use to

24  choose their summer camp programs will be developed and

25  distributed in a manner that will reach parents interested in

26  such programs for their children.

27         Section 2.  Subsection (4) of section 402.3015, Florida

28  Statutes, is amended, and subsection (10) is added to that

29  section, to read:

30         402.3015  Subsidized child care program; purpose; fees;

31  contracts.--

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  1         (4)  A child who is eligible for child care under this

  2  section may continue to participate in the subsidized child

  3  care program, if the family's income does not exceed 200 185

  4  percent of the federal poverty level.

  5         (10)  A family that is eligible to participate in the

  6  subsidized child care program shall be considered a needy

  7  family for purposes of the program funded through the federal

  8  Temporary Assistance for Needy Families (TANF) block grant, to

  9  the extent permitted by appropriation of funds.

10         Section 3.  Section 402.3017, Florida Statutes, is

11  created to read:

12         402.3017  Teacher Education and Compensation Helps

13  (TEACH) scholarship program.--

14         (1)  The Legislature finds that the level of early

15  child care teacher education and training is a key predictor

16  for determining program quality.  The Legislature also finds

17  that low wages for child care workers prevent many from

18  obtaining increased training and education and contribute to

19  high turnover rates.  The Legislature therefore intends to

20  help fund a program which links teacher training and education

21  to compensation and commitment to the field of early childhood

22  education.

23         (2)  The Department of Children and Family Services is

24  authorized to contract for the administration of the Teacher

25  Education and Compensation Helps (TEACH) scholarship program,

26  which provides educational scholarships to caregivers and

27  administrators of early childhood programs, family day care

28  homes, and large family child care homes.

29         (3)  The department shall adopt rules as necessary to

30  implement this section.

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  1         Section 4.  Section 402.3019, Florida Statutes, is

  2  created to read:

  3         402.3019  Child care health consultant program.--

  4         (1)  DEFINITIONS.--For purposes of this section:

  5         (a)  "Child care health consultant" means a registered

  6  nurse, health educator, or other licensed health professional,

  7  with experience in child development, child care, or

  8  elementary education, who provides consultation to child care

  9  providers and families on early assessment, immunization,

10  health and safety measures, nutrition, and obtaining health

11  care.

12         (b)  "Community child care coordinating agency" means

13  an agency under contract with the Florida Partnership for

14  School Readiness for the purpose of managing subsidized child

15  care.

16         (2)  CHILD CARE HEALTH CONSULTANT PROGRAM.--

17         (a)  The child care health consultant program is a

18  public-private partnership that joins the existing network of

19  Florida's community child care coordinating agencies, the

20  Florida Partnership for School Readiness and local school

21  readiness coalitions, universities, and other child health

22  partners in the public and private sectors.

23         (b)  Subject to the approval of the local school

24  readiness coalitions, child care health consultants may be

25  established in each community child care coordinating agency

26  to provide a statewide network of child care health

27  consultation services.  At least one child care health

28  consultant may be employed by each community child care

29  coordinating agency.

30         (c)  A comprehensive training program for child care

31  health consultants shall be developed and offered by a

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  1  university through a contract with the Florida Partnership for

  2  School Readiness.

  3         (d)  The Florida Partnership for School Readiness and

  4  local school readiness coalitions shall specify the

  5  involvement of child care health consultants in the activities

  6  of local school readiness coalitions, particularly in the

  7  areas of developmental assessment, evaluation of local health

  8  care provider networks, immunization status of children in the

  9  jurisdiction of the coalition, and other health-related

10  concerns regarding child care.  The Florida Partnership for

11  School Readiness and local school readiness coalitions shall

12  work with the community child care coordinating agencies to

13  describe and measure the impact of child care health and

14  safety programs on the readiness level of children entering

15  school.

16         (3)  CHILD CARE HEALTH CONSULTANT DUTIES AND

17  RESPONSIBILITIES.--Subject to the approval of the local school

18  readiness coalitions, the duties and responsibilities of a

19  child care health consultant may include the following:

20         (a)  Coordinating the screening of children in child

21  care settings for age-appropriate development, including

22  vision and hearing screening. Such screening shall include,

23  but is not limited to:

24         1.  Coordinating, as needed, the screening programs for

25  infants and toddlers, to include developmental, hearing, and

26  vision screening.

27         2.  Assisting child care staff to identify

28  developmental, hearing, and vision problems.

29         3.  Referring children with developmental delays or

30  behavioral, hearing, or vision problems for additional

31  evaluation and intervention.

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  1         4.  Following up with families and child care staff on

  2  intervention programs.

  3         (b)  Facilitating onsite technical assistance and

  4  coordination of health and safety programs in child care

  5  settings, which shall include, but is not limited to:

  6         1.  Coordinating and providing technical assistance to

  7  child care providers and licensing staff on healthy

  8  environments, infection control, hand washing, sanitizing and

  9  disinfecting, oral health, body fluid precautions, diapering,

10  and common childhood diseases.

11         2.  In conjunction with licensing staff, providing

12  technical assistance on safety and injury prevention,

13  playground equipment safety standards and supervision, car

14  seat safety, environmental hazards, disaster preparedness and

15  drills, and cardiopulmonary resuscitation (CPR) and first aid.

16         3.  Coordinating and providing technical assistance to

17  child care providers and families in child development and

18  nutrition.

19         4.  Coordinating and providing technical assistance on

20  positive mental health, behavior management, and

21  communication.

22         5.  Coordinating and providing technical assistance to

23  child care providers on health policies, such as exclusion,

24  medication administration, health needs of special needs

25  children, staff hygiene, and center health standards.

26         6.  Coordinating and providing resource material and

27  information on immunization and other health and safety

28  matters.

29         (c)  Coordinating and facilitating the tracking of

30  health problems and interventions, which includes, but is not

31  limited to:

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  1         1.  Providing updated information to child care

  2  providers about children's health insurance and Medicaid

  3  options and the need to have a medical home for each child.

  4         2.  Referring children to health care providers, mental

  5  health programs, school districts, and other health care

  6  resources in order to address health problems.

  7         3.  Consulting with child care providers, families, and

  8  health care providers to facilitate the understanding of

  9  health problems and intervention plans.

10         4.  Coordinating the monitoring of prescribed medical

11  treatment and facilitating coordination of treatment plans

12  with families, child care staff, and health care providers.

13         (d)  Coordinating with community and family resources,

14  which shall include, but is not limited to:

15         1.  Establishing partnerships with other community

16  child care organizations such as Head Start, Healthy Start,

17  Florida Diagnostic and Learning Resource Services, school

18  districts, children's mental health programs, local health

19  departments, Department of Children and Family Services local

20  offices, and Medicaid area offices.

21         2.  Establishing communication with parent groups to

22  provide education on health and safety issues and health

23  insurance or to assist with special needs children.

24         3.  Participating in the local school readiness

25  coalition by providing information about health and safety

26  issues, prevention services, and health education.

27         4.  Establishing communication with local Medicaid and

28  managed care providers.

29         (4)  DUTIES AND RESPONSIBILITIES OF CONTRACTING

30  UNIVERSITY.--The university contracting with the Florida

31  Partnership for School Readiness shall:

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  1         (a)  Develop and offer a comprehensive training program

  2  for child care health consultants, which shall include, but

  3  not be limited to:

  4         1.  Health and safety training, health and

  5  developmental assessment, nutrition, behavioral health,

  6  special needs children, oral health, playground safety,

  7  cardiopulmonary resuscitation (CPR) and first aid, child care

  8  facility quality analysis, and consultancy training.

  9         2.  Development of materials for providing technical

10  assistance to child care center directors in health and

11  safety, nutrition, family dynamics, positive mental health,

12  and other subjects.

13         3.  Collecting and distributing training materials to

14  health consultants and child care providers to improve the

15  quality, health, and safety of the services they provide.

16         (b)  Develop and provide a child care health consultant

17  curricula to students in public health, nursing, allied health

18  professions, social work, and related fields.

19         (c)  Conduct surveys to:

20         1.  Collect data on child health status using the child

21  care network as a collaborative partner.

22         2.  Collect evaluation and outcome data on the impact

23  of child care health consultants, define outcome measures, and

24  report on these measures annually to the Florida Partnership

25  for School Readiness.

26         Section 5.  Subsection (8) of section 402.302, Florida

27  Statutes, is amended to read:

28         402.302  Definitions.--

29         (8)  "Large family child care home" means an occupied

30  residence in which child care is regularly provided for

31  children from at least two unrelated families, which receives

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  1  a payment, fee, or grant for any of the children receiving

  2  care, whether or not operated for profit, and which has at

  3  least two full-time child care personnel on the premises

  4  during the hours of operation. One of the two full-time child

  5  care personnel must be the owner or occupant of the residence.

  6  A large family child care home must first have operated as a

  7  licensed family day care home for 2 years, with an operator

  8  who has had a child development associate credential or its

  9  equivalent for 1 year, before seeking licensure as a large

10  family child care home. A large family child care home shall

11  be allowed to provide care for one of the following groups of

12  children, which shall include those children under 13 12 years

13  of age who are related to the caregiver:

14         (a)  A maximum of 8 children from birth to 24 months of

15  age.

16         (b)  A maximum of 12 children, with no more than 4

17  children under 24 months of age.

18         Section 6.  Section 402.3028, Florida Statutes, is

19  created to read:

20         402.3028  Referral for assessment.--The Department of

21  Children and Family Services, Department of Health, and

22  Department of Education shall implement the following

23  procedures for making referrals for Level III assessment

24  pursuant to s. 402.3027:

25         (1)  Children under 3 years of age who are in the

26  subsidized child care program and are identified as needing a

27  Level III developmental assessment pursuant to s. 402.3027

28  shall be referred to the Early Intervention for Infants and

29  Toddlers with Disabilities Program of the Department of

30  Health, funded under the federal Individuals with Disabilities

31  Education Act, Pub. L. No. 105-17, Part C. Assessments shall

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  1  be completed within 45 days after the referral. If the Early

  2  Intervention for Infants and Toddlers with Disabilities

  3  Program is not available, referral may be made to a local

  4  community service provider.

  5         (2)  Children age 3 years through 5 years who are in

  6  the subsidized child care program and are identified as

  7  needing a Level III developmental assessment pursuant to s.

  8  402.3027 shall be referred to the appropriate program under

  9  the local school district or appropriate local service

10  provider. It is the intent of the Legislature that these

11  assessments be completed within 45 days because of the

12  critical nature of child development at this age.

13         (3)  Services to children with disabilities under this

14  section shall be integrated and delivered with child care

15  programs to the extent possible.

16         (4)  Nothing in this section prohibits a subsidized

17  child care program from referring a child to Medicaid or the

18  Florida KidCare program to determine eligibility for services,

19  or from making a referral to a child's primary health care

20  provider.

21         Section 7.  Subsection (10) of section 402.305, Florida

22  Statutes, is amended to read:

23         402.305  Licensing standards; child care facilities.--

24         (10)  TRANSPORTATION SAFETY.--Minimum standards shall

25  include requirements for child restraints or seat belts in

26  vehicles used by child care facilities and large-family child

27  care homes to transport children, requirements for annual

28  inspections of the vehicles, and limitations on the number of

29  children in the vehicles, and accountability for children

30  being transported.

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  1         Section 8.  Section 402.3054, Florida Statutes, is

  2  created to read:

  3         402.3054  Child enrichment service providers.--

  4         (1)  For the purposes of this section, "child

  5  enrichment service provider" means an individual who provides

  6  enrichment activities, such as language training, music

  7  instruction, educational instruction, and other experiences to

  8  specific children during a specific time that is not part of

  9  the regular program in a child care facility.

10         (2)  The child's parent shall provide written consent

11  before a child may participate in activities conducted by a

12  child enrichment service provider that are not part of the

13  regular program of the child care facility.  A child

14  enrichment service provider receives compensation from the

15  child's parent or from the child care facility and shall not

16  be considered a volunteer or child care personnel.

17         (3)  A child enrichment service provider shall be of

18  good moral character based upon screening. This screening

19  shall be conducted as provided in chapter 435, using the level

20  2 standards for screening set forth in that chapter.  A child

21  enrichment service provider must meet the screening

22  requirements prior to providing services to a child in a child

23  care facility.  A child enrichment service provider who has

24  met the screening standards shall not be required to be under

25  the direct and constant supervision of child care personnel.

26         Section 9.  Subsection (1) of section 402.315, Florida

27  Statutes, is amended to read:

28         402.315  Funding; license fees.--

29         (1)  If the county designates a local agency to be

30  responsible for the licensing of child care facilities, the

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  1  county shall bear no more than 50 at least 75 percent of the

  2  costs involved.

  3         Section 10.  Subsection (3) of section 409.178, Florida

  4  Statutes, is amended to read:

  5         409.178  Child Care Executive Partnership Act; findings

  6  and intent; grant; limitation; rules.--

  7         (3)  There is created a body politic and corporate

  8  known as the Child Care Executive Partnership which shall

  9  establish and govern the Child Care Executive Partnership

10  Program. The purpose of the Child Care Executive Partnership

11  Program is to utilize state and federal funds as incentives

12  for matching local funds derived from local governments,

13  employers, charitable foundations, and other sources, so that

14  Florida communities may create local flexible partnerships

15  with employers. The Child Care Executive Partnership Program

16  funds shall be used at the discretion of local communities to

17  meet the needs of working parents. A child care purchasing

18  pool shall be developed with the state, federal, and local

19  funds to provide subsidies to low-income working parents who

20  are eligible for subsidized child care with a

21  dollar-for-dollar match from employers, local government, and

22  other matching contributions. The funds used from the child

23  care purchasing pool must be used to supplement or extend the

24  use of existing public or private funds and may not be used to

25  supplant the maintenance of effort presently exerted by the

26  employer or other participant in the activity funded.

27         Section 11.  Contingent upon specific appropriation,

28  the statewide child care resource and referral network,

29  pursuant to section 402.27, Florida Statutes, shall convene a

30  workgroup for the purpose of developing recommendations for

31  improving the health and safety qualities of summer camp

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  1  programs without over-regulation. One component of the

  2  workgroup's deliberation shall include examining the

  3  feasibility of requiring summer camp programs to register with

  4  the Department of Children and Family Services, to provide

  5  annual program information to the statewide child care

  6  resource and referral networks, or to publish their health and

  7  safety plans. The workgroup shall include representatives from

  8  summer camp program related associations, the Department of

  9  Children and Family Services, parents, and any other

10  interested individuals or organizations identified by the

11  statewide child care resource and referral network. All

12  participants in this process shall attend the meetings at

13  their own expense. A report of the recommendations shall be

14  submitted to the Governor, the President of the Senate, and

15  the Speaker of the House of Representatives by January 1,

16  2001.

17         Section 12.  This act shall take effect July 1, 2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1994

  3

  4
    -     Applies the extension of eligibility to subsidized child
  5        care to 200 percent of the federal poverty level to all
          children who are currently enrolled in the program
  6        instead of solely to children of working poor families.

  7  -     Directs the child care resource and referral agencies to
          develop and distribute a check-list of important health
  8        and safety qualities that parents can use to choose
          their summer camp program contingent upon specific
  9        appropriations.

10  -     Directs the child care resource and referral network to
          convene a workgroup to develop recommendations for
11        improving the health and safety qualities of summer camp
          programs contingent upon specific appropriations.
12
    -     Modifies the duties of the child care health consultants
13        and the university responsible for the training program
          and incorporates the involvement of the Florida
14        Partnership for School Readiness and the local school
          readiness coalitions.
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    -     Adds procedures for the Department of Health, Department
16        of Children and Family Services, and Department of
          Education relative to children referred for level III
17        assessments of the developmental assessment program for
          subsidized child care.
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    -     Eliminates the prohibition against funds from the child
19        care purchasing pool being used to supplant already
          existing employer child care benefit programs.
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    -     Modifies the licensing standards for child care
21        facilities to include requirements for the
          accountability of the children being transported. Large
22        family child care homes are also added to the entities
          to which the requirements for child restraints and seat
23        belts apply.

24  -     Removes the requirement that family child care homes be
          permitted in all residential districts of a
25        municipality.

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