Cal. Code Regs. tit. 25 § 8127

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 8127 - Supportive Services Requirements

(a) Each community housing development shall include the following features:

(1) a child care center which

(A) shall be built in accordance with state law as provided in Chapters 3.4 and 3.5 (commencing with sections 1596.70 and 1596.90 respectively) of Division 2, Health and Safety Code;

(B) shall be operated in compliance with state law as specified in Chapters 3.4 and 3.5 (commencing with sections 1596.70 and 1596.90 respectively) of Division 2, Health and Safety Code, and may be operated either directly by the sponsor or by a separate entity contracting with the sponsor, provided that all contracts or lease agreements for the operation of the child care center shall be subject to department approval;

(C) shall be licensed to care for at least the number of children expected to reside in the rental housing development; this number shall be calculated according to the following:

Unit size	# of Children
1 bedroom	0
2 bedroom	1
3 bedroom	2
4 bedroom	3

The sponsor may propose another reasonable method for calculating this number, such as the number of children on an existing waiting list;

(D) provides care at a rate prior to closing, which is affordable to households residing in assisted units based on the household's gross monthly income and family size, as approved by the department. For purpose of this section, a rate shall be considered affordable if the fee charged to the household does not exceed the amount published in the most recent Family Fee Schedule CD-2600 or such other fee schedule utilized by an agency which provides subsidies to the child care center or to households using the child care center to care for their children; The Family Fee Schedule CD-2600 is established pursuant to section 8263(f), Education Code and is available by written request to the California Department of Education, Child Development Division, P.O. Box 944272, Sacramento CA 94244-2720, or by phone (916)322-6233.

(E) gives priority for space in the child care center as follows:

1. first to residents with children in assisted units who require child care because of current or impending employment or to participate in the job training and placement program described in section 8128; and

2. secondly to other residents with children who require child care because of current or impending employments;

(2) a children's play area which can accommodate at least the estimated number of children residing in the rental housing development calculated pursuant to (a)(1)(C) above in accordance with chapter 3.5 (commencing with section 1596.90), division 2, Health and Safety Code;

(3) a common facility which is available on a reasonable basis to all residents of the community housing development for community purposes, such as shared meals, job training programs, or social functions. The common facility may also be used as the child care center.

(4) At least one washer and dryer accessible for every ten units in the community housing development.

(b) A sponsor of a congregate housing development shall implement supportive services through a plan which provides for supportive services at a maximum feasible level consistent with the size, design and purpose of the proposed congregate housing development. Prior to loan closing, the plan must be approved by the department. At a minimum, the plan shall:

(1) assist each household which requires child care because of employment or to attend employment training programs to find affordable child care;

(2) provide adequate common space to accommodate community purposes such as sharing of meals or child care;

(3) provide at least one washer and dryer in a common space; and

(4) demonstrate that the project provides an outside play area for households with children, or is located in close proximity to a playground, park, or similar facility.

(c) Upon demonstration by a sponsor that a reasonable attempt was made to obtain other funds for the construction of the child care center, the department shall allow program funds to pay for eligible costs associated with the child care center not funded by other sources. A sponsor may demonstrate that a reasonable attempt was made by making application to and receiving responses from three sources who provide construction financing for child care centers other than the department.

(d) For projects that include an on-site child care center, the sponsor shall develop a management plan for the center, subject to department approval, prior to loan closing. The plan shall be consistent with this subchapter and shall include the following:

(1) a description of the role and responsibility of the sponsor in managing a child care center;

(2) a description of the role and responsibility of either the management agent or lessor, if a separate entity will be either managing the child care center or leasing the child care center from the sponsor in order to meet the requirements of (a)(1) above on behalf of the sponsor;

(3) the proposed child care center management agreement or lease, if any;

(4) a description of the age groups, and numbers of children within each age group, for which care will be provided at the center;

(5) a description of the hours of operation at the child care center;

(6) personnel policy and staffing arrangements for the sponsor, any management agent of the child care center, and any leaseholder of the child care center;

(7) plans and procedures for publicizing and achieving early and continued use of the child care spaces;

(8) a description of the placement preferences for children in the child care center, pursuant to (a)(1)(E) above;

(9) child care fee collection policies and procedures, including procedures for annually determining the appropriate child care fee for each household residing in an assisted unit, pursuant to (a)(1)(D) above;

(10) a description of a program for maintaining adequate accounting records and handling necessary forms and vouchers;

(11) complaint procedures;

(12) equal opportunity provisions that apply to hiring staff and placement of children in the child care center;

(13) plans for carrying out an effective maintenance and repair program for the child care center; and

(14) provisions for periodic update of the child care center management plan.

(e) The department shall allow a sponsor to include additional supportive services which are appropriate to the needs of the residents. These may include, but are not limited to the following:

(1) a supportive services needs assessment for each household;

(2) health care;

(3) mental health counseling;

(4) parent education;

(5) classes on living skills, budgeting and money management;

(6) conflict resolution;

(7) recreational programs; and

(8) services appropriate for elderly or handicapped residents.

(f) Participation by tenant in any supportive service program described in this section shall not be a condition of occupancy for residents in rental housing developments.

Cal. Code Regs. Tit. 25, § 8127

1. New section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No. 11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No. 16).

Note: Authority cited: Sections 50406(n), 50884 and 50895, Health and Safety Code. Reference: Sections 50888.7, 50891.5 and 50893.9(a), Health and Safety Code.