Statutes, codes, and regulations
California Code Of Regulations
Title 5 - EducationDivision 1 - California Department of EducationChapter 19 - Early Learning and Care ProgramsSubchapter 3 - General Child Care Programs
Article 2 - Family Data File
Section 18081 - Family Data File: Contents

Cal. Code Regs. tit. 5 § 18081

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Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 18081 - Family Data File: Contents
(a) Contractors shall establish and maintain a family data file for each family receiving early learning and care services.
(b) The family data file shall contain a completed and signed application for services and the following records, as applicable, to determine eligibility and need in accordance with Education Code section 8263(a)(1)(A) and (a)(1)(B):
(1) Records demonstrating eligibility based on the following:
(A) Current CalWORKs cash aid recipient
(B) Income eligibility, which shall include an income calculation worksheet;
(C) Family experiencing homelessness;
(D) The child is receiving child protective services;
(E) The child is identified as being abused, neglected or exploited or at risk thereof;
(2) Records demonstrating a need for services based on the following:
(A) The child is receiving child protective services;
(B) The child is identified as being abused, neglected or exploited or at risk thereof;
(C) Family experiencing homelessness;
(D) The parent is employed;
(E) The parent is seeking employment;
(F) The parent is enrolled in vocational training;
(G) The parent is enrolled in educational programs;
(H) The parent is incapacitated; or
(I) The parent is seeking permanent housing for family stability.
(c) The family data file shall also include the following:
(1) Documentation of a child's exceptional needs, if applicable;
(2) Applicable Notice(s) of Action as required in sections 18094, 18095, 18119, and 18120.
(3) For all center-based contractors, including those that provide services through a Family Child Care Home Education Network, the family data file shall contain all child health and current emergency information required by California Code of Regulations, title 22, Social Security, division 12, and Community Care Facilities Licensing Regulations.
(4) For all Alternative Payment Programs inclusive of CalWORKs Stage 2 and 3 Child Care Programs, the family data file shall contain the child's current emergency information required by California Code of Regulations, title 22, Social Security, division 12, and Community Care Facilities Licensing Regulations. Immunization records are not required to be kept on file unless the child is receiving care from a license-exempt provider, either in the child's own home or at the home of a relative of the child, and there are other unrelated children being cared for in the same setting.
(5) When the family is certified as income eligible, documentation of the notification to the parent of their requirement to report when the family's income exceeds the income threshold as described in section 18082.2.

Cal. Code Regs. Tit. 5, § 18081

1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (b) and amendment of NOTE filed 12-29-99 as an emergency; operative 1-1-2000 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (b) and amendment of NOTE refiled 4-28-2000 as an emergency; operative 4-28-2000 (Register 2000, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-28-2000 order, including further amendment of NOTE, transmitted to OAL 7-19-2000 and filed 8-30-2000 (Register 2000, No. 35).
5. Amendment of subsections (b) and (b)(8), new subsection (b)(9) 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.
6. 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).
7. 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.
8. 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).
9. Amendment of article heading, section heading, section and NOTE filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
10. Amendment of section heading, section and NOTE filed 5-21-2021; operative 7-1-2021 (Register 2021, No. 21).

Note: Authority cited: Sections 8261, 8261.5, 8263 and 8269, Education Code. Reference: Sections 8261, 8261.5, 8263 and 8269, Education Code; Sections 16500.5 and 16506, Welfare and Institutions Code; and 45 Code of Federal Regulations Section 98.41.

1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsection (b) and amendment of NOTE filed 12-29-99 as an emergency; operative 1-1-2000 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (b) and amendment of Note refiled 4-28-2000 as an emergency; operative 4-28-2000 (Register 2000, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-28-2000 order, including further amendment of Note,transmitted to OAL 7-19-2000 and filed 8-30-2000 (Register 2000, No. 35).
5. Amendment of subsections (b) and (b)(8), new subsection (b)(9) 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.
6. 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).
7. 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.
8. 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).
9. Amendment of article heading, section heading, section and Note filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
10. Amendment of section heading, section and Note filed 5-21-2021; operative 7/1/2021 (Register 2021, No. 21).