AB 812 — Child care: contracts: termination and suspension.

Summary

(1) Existing law requires the State Department of Education to apply sanctions against contracting agencies that have serious licensing violations, as defined and reported by the State Department of Social Services and provide 90 days' written notification to any contractor whose agreement is being terminated, unless there is imminent danger to the health and welfare of children if agency operation is not terminated promptly. This bill would require a 90-day written notification as specified, except in the case of certain immediate terminations. (2) Existing law requires the department to provide an independent appeal procedure in certain instances, including, but not limited to, contract termination or suspension, to each contracting agency providing specified child care and development services. This bill would delete the requirement that the department provide the independent appeal procedure for contract suspension. The bill would additionally require the department to provide an internal appeal procedure to resolve a dispute between the department and a contracting agency providing specified child care and development services regarding the interpretation or application of a contract term or condition, or to dispute the findings of a fiscal or programmatic review. (3) Existing law requires the Superintendent of Public Instruction to establish a contract classification system with 3 classes of contract designations; a clear contract, a provisional contract, and a conditional contract, as specified. Existing law requires the Child Development Division of the department to provide technical assistance to agencies with conditional contracts. This bill would revise the 3 classes of contract designations, as specified. The bill would require that technical assistance also be provided to any contracting agency making a written request to its assigned consultant or administrator within 60 days of receipt of the request. (4) Existing law authorizes any contracting agency that evidences chronic fiscal or program violations of a felony nature, as specified, to have its contract immediately suspended or terminated provided there is documented evidence of the violations and upon review and recommendation of the general counsel of the department. This bill would instead authorize a contracting agency that evidences any specified acts or omissions to have its contract or contracts immediately terminated provided there is documented evidence of the acts or omission and upon review and recommendation of the general counsel of the department. The bill would add additional acts or omissions, as described, that may result in immediate termination of a contracting agency's contract or contracts and require the notice of immediate termination of a contract to be served in a specified manner. (5) Existing law authorizes a contracting agency that places a person in a position of fiscal responsibility or control who has been convicted of certain crimes to have its contract immediately suspended or terminated if there is documented evidence of the conviction and upon review and recommendation of the general counsel of the department. Existing law authorizes a contracting agency whose contract is terminated for the reasons described above to appeal the contract termination, and require the contract termination to occur after notice, as specified, is provided at least 90 days before termination. This bill would instead authorize a contracting agency that has in place or places a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds, or a state or federal crime involving moral turpitude, to have its contract immediately terminated if there is documented evidence of the conviction and upon review and recommendation of the general counsel of the department. The bill would repeal the authority of a contracting agency whose contract is terminated for the reasons described above to appeal the contract termination, and the requirement that this termination occur after notice, as specified, is provided at least 90 days before termination. (6) Existing law authorizes local contracting agencies to continue to operate under their contract during an appeal of termination, unless the specified action is based on imminent danger to the health and welfare of children. Existing law requires, if the contract is being terminated based on imminent danger to the health and welfare of children, the reason for the termination to be specified by the department in its notice of termination. This bill would instead authorize local contracting agencies to continue to operate under their contract during an appeal of termination, unless the action is an immediate termination action, as specified, in which case a local contracting agency would not be authorized to continue to operate under the contract after the effective date given in the notice of immediate termination. (7) This bill would make conforming and nonsubstantive changes to these provisions.

Bill Text

• Chaptered 09/06/13 - Chaptered Current pdf September 06, 2013
• Enrolled 08/23/13 - Enrolled pdf August 23, 2013
• Amended 06/26/13 - Amended Senate pdf June 26, 2013
• Amended 05/15/13 - Amended Assembly pdf May 15, 2013
• Amended 05/07/13 - Amended Assembly pdf May 07, 2013
• Amended 04/22/13 - Amended Assembly pdf April 22, 2013
• Introduced 02/21/13 - Introduced pdf February 21, 2013
• AB812 View text html

Action History

1. September 06, 2013

   Chaptered by Secretary of State - Chapter 249, Statutes of 2013.

2. September 06, 2013

   Approved by the Governor.

3. August 26, 2013

   Enrolled and presented to the Governor at 4:15 p.m.

4. August 19, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2585.).

5. August 15, 2013

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

6. August 15, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1844.).

7. August 12, 2013

   Read second time. Ordered to consent calendar.

8. July 11, 2013

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

9. July 03, 2013

   From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (July 3). Re-referred to Com. on APPR.

10. June 26, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

11. June 13, 2013

    Referred to Com. on ED.

12. May 29, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

13. May 29, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1761.)

14. May 24, 2013

    Read second time. Ordered to consent calendar.

15. May 24, 2013

    From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 24).

16. May 16, 2013

    Re-referred to Com. on APPR.

17. May 15, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

18. May 08, 2013

    Re-referred to Com. on APPR.

19. May 07, 2013

    Read second time and amended.

20. May 06, 2013

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 30).

21. April 23, 2013

    Re-referred to Com. on HUM. S.

22. April 22, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

23. March 04, 2013

    Referred to Com. on HUM. S.

24. February 22, 2013

    From printer. May be heard in committee March 24.

25. February 21, 2013

    Read first time. To print.

Sponsors

• Mitchell · Primary

Votes

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