Cal. Code Regs. tit. 5 § 18106

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 18106 - Admission Priorities; Waiting List; and Displacement

(a) Within the first priority for services stated in Education Code section 8263(b)(1), children receiving protective services through the local county welfare department shall be enrolled before children identified as at risk of being neglected or abused.

(b) Except for situations where not all of the children in a family are certified based on child protective services, or the child's special need, a family that has a child or children enrolled in a program shall be allowed to enroll additional children provided there exists an appropriate program opening such as infant care or services to school age care children in which to enroll the child.

(c) When not all of the children in a family are certified based on child protective services, or the child's special need, the other children or the parents in the family must meet both eligibility and need criteria as specified in Education Code section 8263(a)(1) and (a)(2) prior to enrollment and shall be admitted in accordance with priorities specified in Education Code section 8263(b).

(d) Contractors shall not deny service to nor assign a lower priority to a family that needs less than full-time services.

(e) Contractors shall maintain a current waiting list in accordance with admission priorities. Contractors may satisfy the requirement for maintaining a waiting list by participating in a county child care centralized eligibility list. Contractors shall contact applicants in order of priority from the waiting list as vacancies occur.

(f) If it is necessary to displace families, families shall be displaced in reverse order of admission priorities.

Cal. Code Regs. Tit. 5, § 18106

1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (e) filed 4-15-2003; operative 5-15-2003 (Register 2003, No. 16).
3. Amendment of subsections (b) and (c) and amendment of NOTE filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
5. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).

Note: Authority cited: Sections 8261 and 8263, Education Code. Reference: Section 8263, Education Code.

1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (e) filed 4-15-2003; operative 5-15-2003 (Register 2003, No. 16).
3. Amendment of subsections (b) and (c) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
5. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).