AMENDED IN ASSEMBLY AUGUST 21, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Senator Menjivar

February 12, 2026

An act to amend Sections 10219 and 11461.6 of the Welfare and Institutions Code, relating to foster care.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes the Emergency Child Care Bridge Program for Foster Children, to be implemented at the discretion of each county, for the purpose of stabilizing foster children with families at the time of placement by providing a time-limited payment or voucher for childcare following the child’s placement, or for a child whose parent is in foster care, and by providing the family with a childcare navigator to assist the family in accessing long-term subsidized childcare.

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law establishes childcare resource and referral programs to serve a defined geographic area and provide prescribed services, including, making referrals to licensed child daycare facilities and the provision of childcare navigators to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children.

This bill would authorize childcare navigators to refer foster children to the county welfare department for eligibility and approval under the Emergency Child Care Bridge Program for Foster Children, and would require participating county welfare departments to determine eligibility of that referred child for the program.

The people of the State of California do enact as follows:

SECTION 1.

Section 10219 of the Welfare and Institutions Code is amended to read:

10219.

(a) For purposes of this chapter, childcare resource and referral programs, established to serve a defined geographic area, shall provide the following services:

(1) (A) Identification of the full range of existing childcare services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services that shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family childcare homes, public and private childcare programs, full-time and part-time programs, and infant, preschool, and extended care programs.

(B) The resource file shall include, but not be limited to, the following information:

(i) Type of program.

(ii) Hours of service.

(iii) Ages of children served.

(iv) Fees and eligibility for services.

(v) Significant program information.

(2) (A) (i) Establishment of a referral process that responds to parental need for information and provides full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:

(I) Toll-free telephone lines.

(II) Office space convenient to parents and providers.

(III) Referrals in languages that are spoken in the community.

(ii) Each childcare resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.

(B) (i) Provision of information to any person who requests a childcare referral of their right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the department’s Community Care Licensing Division.

(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):

“State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a childcare licensee may be available at an office of the State Department of Social Services’ Community Care Licensing Division. You have the right to access any public information in these files.”

(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all childcare resource and referral programs:

(i) Number of calls and contacts to the childcare information and referral program or component.

(ii) Ages of children served.

(iii) Time category of childcare request for each child.

(iv) Special time category, such as nights, weekends, and swing shift.

(v) Reason that the childcare is needed.

(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local childcare and development planning councils authorized pursuant to Section 10486 and any county implementing an individualized county childcare subsidy plan.

(4) Provision of technical assistance to existing and potential providers of all types of childcare services. This assistance shall include, but not be limited to:

(A) Information on all aspects of initiating new childcare services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.

(B) Information and resources that help existing childcare services providers to maximize their ability to serve the children and parents of their community.

(C) Dissemination of information on current public issues affecting the local and state delivery of childcare services.

(D) Facilitation of communication between existing childcare and child-related services providers in the community served.

(5) (A) (i) Provision of a childcare navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the child’s family, as described in paragraph (2) of subdivision (d) of Section 11461.6, and the child’s social worker and child and family team to assess childcare opportunities appropriate to the child’s age and needs, assist the family in identifying potential opportunities for an ongoing childcare subsidy, assist the caregiver in completing appropriate childcare program applications, and develop an overall, long-term childcare plan for the child.

(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IV–E of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to their home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6. Eligibility for navigator services shall not be contingent on a child’s receipt of a childcare payment or voucher.

(iii) A childcare navigator may refer foster children to the county welfare department for eligibility and approval under the Emergency Child Care Bridge Program for Foster Children, consistent with subdivision (d) of Section 11461.6.

(B) (i) Provision of trauma-informed training and coaching to childcare providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Childcare providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.

(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IV–E of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.

(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of childcare to facilitate the maintenance and development of childcare services and resources.

(c) (1) A program operating pursuant to this chapter shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the program’s referral list.

(2) A program operating pursuant to this chapter shall, within two business days of receiving notice, notify all entities, operating a program under Chapter 3 (commencing with Section 10225) and Chapter 21 (commencing with Section 10370) in the program’s jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.

SEC. 2.

Section 11461.6 of the Welfare and Institutions Code is amended to read:

11461.6.

(a) The Emergency Child Care Bridge Program for Foster Children is hereby established, to be implemented at the discretion of each county, for the purpose of stabilizing foster children with families at the time of placement by providing a time-limited payment or voucher for childcare following the child’s placement, or for a child whose parent is in foster care, and by providing the family with a childcare navigator to assist the family in accessing long-term subsidized childcare.

(b) The Emergency Child Care Bridge Program for Foster Children shall be administered by county welfare departments that choose to participate in the program.

(c) (1) As determined by the county welfare department, and consistent with guidance issued by the State Department of Social Services, counties may establish local priorities and may either provide payment directly to the family or childcare provider, or contract with a local alternative payment program to distribute vouchers for childcare.

(2) If the market rate survey is used to set reimbursement rates, counties that elect to provide payment directly to a family or childcare provider shall pay commensurate with the regional market rates, as described in Section 10374.5.

(3) The market rate survey is used to set reimbursement rates, counties that elect to contract with a local alternative payment agency, as described in Section 10225, to distribute childcare vouchers, the vouchers shall be in an amount commensurate with the regional market rates, as described in Section 10374.5, and the contract shall not displace, or result in the reduction of, an existing contract with a current local alternative payment program.

(d) (1) Participating county welfare departments shall determine eligibility of a child for the Emergency Child Care Bridge Program for Foster Children using the criteria outlined in paragraphs (2) and (3).

(2) Family placements eligible to receive payment or a voucher for childcare include both of the following:

(A) Approved resource families, as described in Section 16519.5 of this code and Section 1517 of the Health and Safety Code, and families that have a child placed with them in an emergency or for a compelling reason, as described in Section 16519.5.

(B) Parents under the jurisdiction of the juvenile court, including, but not limited to, nonminor dependent parents.

(3) A participating county welfare department may provide a payment or voucher if work or school responsibilities preclude resource families from providing care when the child for whom they have care and responsibility is not in school or for periods when the family, as described in paragraph (2), is required to participate, without the child, in activities associated with parenting a child that are beyond the scope of ordinary parental duties, including, but not limited to, attendance at administrative or judicial reviews, case conferences, and family training.

(4) Participating county welfare departments shall determine eligibility of a child referred from a childcare navigator for the Emergency Child Care Bridge Program for Foster Children.

(e) Each child receiving a monthly childcare payment or voucher shall be provided with a childcare navigator, pursuant to paragraph (5) of subdivision (a) of Section 10219, who shall work directly with the child’s family, social worker, and the child and family team to assist in accessing childcare at the time of placement as well as long-term, subsidized childcare for the child, as necessary.

(f) Each child receiving a monthly childcare payment or voucher shall be eligible to receive the payment or voucher for up to six months. If the child and family access long-term, subsidized childcare prior to the end of the six-month period covered by the payment or voucher, eligibility for the monthly payment or voucher shall terminate upon enrollment in long-term, subsidized childcare.

(g) (1) Eligibility for the monthly payment or voucher may be extended beyond the initial six-month period for an additional six-month period, not to exceed 12 months in total, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized childcare during the initial six-month period.

(2) Notwithstanding paragraph (1), the county welfare department may extend eligibility for the monthly payment or voucher beyond 12 months based on a compelling reason that may include, but is not limited to, the inability of the foster child to successfully transition to other subsidized childcare, the loss of the payment or voucher would jeopardize a successful reunification or permanency plan, or other reasons authorized pursuant to guidance issued by the department, with input from stakeholders. This paragraph shall become operative September 1, 2022.

(h) The department shall seek all federal approvals necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act in order to maximize state and local funding for childcare.

(i) This section shall not be interpreted to create an entitlement to a childcare payment or voucher.

(j) The program established pursuant to this section is intended to complement county child welfare agency efforts to recruit, retain, and support resource families, as described in Section 16003.5, and any funding provided to counties pursuant to this section shall supplement those county activities to support the goals of Chapter 773 of the Statutes of 2015 and Chapter 612 of the Statutes of 2016.

SEC. 2.5.

Section 11461.6 of the Welfare and Institutions Code is amended to read:

11461.6.

(a) The Emergency Child Care Bridge Program for Foster Children is hereby established, to be implemented at the discretion of each county, for the purpose of stabilizing foster children with families at the time of placement by providing a time-limited payment or voucher for childcare following the child’s placement, or for a child whose parent is in foster care, and by providing the family with a childcare navigator to assist the family in accessing long-term subsidized childcare.

(b) The Emergency Child Care Bridge Program for Foster Children shall be administered by county welfare departments that choose to participate in the program.

(c) (1) As determined by the county welfare department, and consistent with guidance issued by the State Department of Social Services, counties may establish local priorities and may either provide payment directly to the family or childcare provider, or contract with a local alternative payment program to distribute vouchers for childcare.

(2) If the market rate survey is used to set reimbursement rates, counties that elect to provide payment directly to a family or childcare provider shall pay commensurate with the regional market rates, as described in Section 10374.5.

(3) The market rate survey is used to set reimbursement rates, counties that elect to contract with a local alternative payment agency, as described in Section 10225, to distribute childcare vouchers, the vouchers shall be in an amount commensurate with the regional market rates, as described in Section 10374.5, and the contract shall not displace, or result in the reduction of, an existing contract with a current local alternative payment program.

(d) (1) Participating county welfare departments shall determine eligibility of a child for the Emergency Child Care Bridge Program for Foster Children using the criteria outlined in paragraphs (2) and (3).

(2) Family placements eligible to receive payment or a voucher for childcare include both all of the following:

(B) Approved resource families, as described in Section 16519.5 of this code and Section 1517 of the Health and Safety Code, and families that have a child placed with them in an emergency or for a compelling reason, as described in Section 16519.5.

(D) Parents under the jurisdiction of the juvenile court, including, but not limited to, nonminor dependent parents.

(3) A participating county welfare department may provide a payment or voucher if work or school responsibilities preclude kinship families, tribally approved homes, or resource families from providing care when the child for whom they have care and responsibility is not in school or for periods when the family, as described in paragraph (2), is required to participate, without the child, in activities associated with parenting a child that are beyond the scope of ordinary parental duties, including, but not limited to, attendance at administrative or judicial reviews, case conferences, and family training.

(e) Each child receiving a monthly childcare payment or voucher shall be provided with a childcare navigator, pursuant to paragraph (5) of subdivision (a) of Section 10219, who shall work directly with the child’s family, social worker, and the child and family team to assist in accessing childcare at the time of placement as well as long-term, subsidized childcare for the child, as necessary.

(f) Each child receiving a monthly childcare payment or voucher shall be eligible to receive the payment or voucher for up to six months. If the child and family access long-term, subsidized childcare prior to the end of the six-month period covered by the payment or voucher, eligibility for the monthly payment or voucher shall terminate upon enrollment in long-term, subsidized childcare.

(g) (1) Eligibility for the monthly payment or voucher may be extended beyond the initial six-month period for an additional six-month period, not to exceed 12 months in total, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized childcare during the initial six-month period.

(2) Notwithstanding paragraph (1), the county welfare department may extend eligibility for the monthly payment or voucher beyond 12 months based on a compelling reason that may include, but is not limited to, the inability of the foster child to successfully transition to other subsidized childcare, the loss of the payment or voucher would jeopardize a successful reunification or permanency plan, or other reasons authorized pursuant to guidance issued by the department, with input from stakeholders. This paragraph shall become operative September 1, 2022.

(h) The department shall seek all federal approvals necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act in order to maximize state and local funding for childcare.

(i) This section shall not be interpreted to create an entitlement to a childcare payment or voucher.

(j) The program established pursuant to this section is intended to complement county child welfare agency efforts to recruit, retain, and support kinship families and resource families families, as described in Section 16003.5, and any funding provided to counties pursuant to this section shall supplement those county activities to support the goals of Chapter 773 of the Statutes of 2015 and Chapter 612 of the Statutes of 2016.

SEC. 3.