Child Care Advisory Council

Child Care Advisory Council

Minutes

9/8/2017

CCAC Purpose - The Child Care Advisory Council is established, in accordance with Title 5, section 12004-I, subsection 35-B, to advise the Legislature and the department regarding child care services in the State. The council shall encourage the development of child care policies that are coordinated among state agencies to promote, quality, uniformity and efficiency of service.

Members in attendance: Heather Tyler, Acting Associate Director of Policy and Prevention/OCFS; Kirsten Capeless, Acting OCFS Director; Linda Labas, Center for Community Inclusion & Disability Studies; Kristopher Michaud, DOE/CDS Rep; Alica Johnson-Grafe, Center-based provider not receiving subsidy; Tammy Dwyer, Family Child Care Rep; Lori Bozeman, Small Facility provider; June Holman, Family Child Care provider; Julie Hart; Afterschool Programs; Senator Amy Volk, District 30

·  Cheryl Hathaway representing Teresa Barrows, Children’s Behavioral Health Rep.

·  Melanie Collins, family CC provider representing Rachel Pawloski, Native American Rep.

·  Jenn Wiles representing Pam Prevost, Maine Roads to Quality Rep.

Members on Phone: Liz Ray, OFI/TANF ASPIRE; Brian Duprey, Center-based provider and Chantel Pettengill, Parent Rep not receiving subsidy

Members not in attendance: Sue Powers, HS Rep; John Gregory, Parent Rep receiving subsidy; Richard McCarthy, Asst. State Fire Marshal; Sue Reed, DOE; Rep Deborah Sanderson and Rep Jennifer Parker; and Tara Kennedy, CDS

Guests: Jan Clowes, OCFS; Jennifer Welch, Pattie Collins and Janet Whitten, DHHS, DECH/ Child Care Licensing; Rita Furlow, Maine Children’s Alliance; Sonja Howard, Maine Roads to Quality; Dr. Steven Brier, Executive Dir of Little Dolphins Foundation; Erin Frati; Maine Afterschool Network; Judith Kaut, parent; Nancy Isaacs, Rosalyn Fisher and Martin Chartrand of the FLIA Child Care Sub-Committee and Lucas Temple, Intern with FLIA

Heather Tyler, Acting Associate Director of Early Intervention and Prevention/OCFS, introduced herself and opened the meeting.

Approval of May 5, 2017 Minutes

The draft May CCAC minutes were approved as written.

This was Heather’s first CCAC meeting. Being new in her role, Heather wanted to hear from the group any comments, concerns, what is going well and what isn’t.

OCFS Update

Heather informed group that OCFS has had several staff changes over the past few months. Kirsten Capeless who held Heather’s position prior now is the Acting Director of OCFS. John Jacobs, Child Care Services Team Leader, has left State service. OCFS is awaiting approval to fill this vacancy and Kerri Wyman, formally of the Child and Adult Care Food Program is now the Child Care Subsidy Program Supervisor.

Senator Amy Volk shared her reasons why she asked to serve on the CCAC. She has a degree in Human Development. She is Chair of the Legal Commerce Research & Economic Development Committee. She is concerned for the workforce in Maine especially in rural areas having access to affordable child care. Recent closures have impacted people’s ability to work. Critical to Maine’s work force.

CCAC Membership - Update

Three new members were appointed since the last meeting: Senator Amy Volk, June Holman and Sue Powers. Due to recent OCFS staff turnover, new individuals will need to be appointed to DHHS seats.

There are still a few vacant seats. Guest Judith Kaut is interested in the vacant parent seat. She has the paperwork to complete for Gubernatorial appointment. It was suggested that having a representative from the Department of Labor would be helpful. Barbara Sousa will provide a membership list for the next meeting.

The following concerns/topics were identified:

Child Care Subsidy Program (CCSP) and TANF/ASPIRE

·  Inconsistencies within these two programs relating to different rates, differences in ages and rules it is very hard for providers to comply. CCSP is run through OCFS and TANF/ASPIRE is administered through OFI. The programs do not fall under the same federal rules.

·  Lack of notification to providers when there is any type of rule changes. It is a very huge problem. Providers were not notified the last time – even though on Interested Party List.

·  CCDF (federal rule) have updated their requirements. The State now needs to update its rules. Currently rules are in Legal review to be sure we are meeting the federal requirements. Rules need to be aligned. Changes will be forthcoming. There is a Public Hearing Process and providers will be notified.

·  It appears that as of 9/1/2017 there was a CCSP rule change pertaining to parent eligibility. Parents now required to provide their exact hours of work. They need to provide an actual schedule. Paystubs are no longer accepted. Feel it is embarrassing for the parents to have to go to their bosses and request this for subsidy. Heather indicated that she would look in to this.

·  There is a huge need for Infant and Toddler care statewide.

·  The number of family child cares is decreasing

·  If there are no providers to do the care and subsidy is awarded and these parents are unable to find care – they lose their jobs. Children are staying at home with parents who can’t find care or are in unsafe situations. Children of working parents would be better off in child care.

·  Concern for latchkey children

·  A lot of For-profit centers are now not accepting subsidy. Non-profit centers may be needing to limit their subsidy children in-order to be able to meet payroll.

·  How do parents get assistance in working through the cumbersome application process for the Child Care Subsidy Program? It is a two-step application process: OFI does financial eligibility and OCFS does the program eligibility. Parents are always welcome to call OCFS for assistance with the process.

·  Is there a waiting list? There is not a waiting list.

Quality Rating & Improvement System (QRIS)

·  Status of QRIS revision. Have heard it has been revised but unable to obtain any information.

Two QRIS reports have been written and submitted to OCFS. One report was done in 2015 and another in August of 2016 which contained revisions and implementation recommendations. It was felt that due to staff overturn at OCFS this has not moved forward. It is time to reconvene. Recommendations have been made that will need State financial support. It is up to Dept. to determine how to proceed. Recommendation was made to convene a round table to discuss on how to move forward. Copies of the reports will be sent electronically.

·  Having to comply with all standards takes away quality time with children

·  Step levels – under current Standards – unfair to Family Child Cares - need to determine the many right ways to meet standards.

·  Centers rate better in QRIS

·  Lost over the years is incentives for providers, scholarships, equipment, support with children with behavioral issues and disabilities, etc.

·  Providers are choosing not to participate in QRIS. Which is not a reflection of the quality of the care they provide.

·  parent choice and diversity are very important

·  federal dollars are not getting down to program services for kids

·  less money should be spent on Quality initiatives

·  need to look at ratios – especially for Infant and Toddlers

·  what is the most ideal - what is affordable, what is doable - need to consider impact on providers

·  focus keeps changing - time to come back to table and discuss

Concerns for children with special needs

·  Providers have trouble accessing services for children and parents are not advocating for their children.

·  National issue: social/emotional

·  Birth to 5 diagnosing children before 3 is not happening especially in Cumberland County

·  Some children do better not in a one on one - do better in dedicated settings.

·  Doing what is best for the children. Need access to appropriate care.

·  CDS workforce is in national crises - can’t find teachers

·  Workforce in crises - all trying to find quality people. Young people are not going into this field. It is an issue across the board.

·  Need to work with Higher Ed Committees and other groups - where are the students going?

·  Provider was unable to get assistance with a disruptive child other than a few hours through CDS. If daily routine is disrupted due to a child behavioral issue makes it hard to provide a safe environment and quality care. Providers are being faced with making difficult decisions of continuing care.

·  Elimination of Resource Development Centers (RDC’s) hurt providers – no place to go for assistance

Years ago, there used to be a program, Child Care Plus ME, that helped providers with this type of support. This continues to be a very huge need.

In the new contract with Muskie in the Professional Development Network, there will now be a place for providers to receive assistance regionally again. It will be like the work that the RDC’s provided. Each District will have a District Coordinator - focus of the positions will be to partner with various agencies. They will be trained specifically for TA, on-site consultation for children with behavioral issues. Plan is to have people hired by Mid-October, will then be comprehensively trained. Roll out is planned to begin in January 2018. One difference is that there will be no parent referrals. They will be directed to Child Care Choices. No parent support initially.

The Professional Development Network also has an Inclusion Warm Line. Most of the calls are from providers seeking ways to help support the parent on what needs to be done for referrals and helping through the process.

Market Rate

·  Need to indicate the actual cost of doing business not just want subsidy will pay

·  High cost of Infant/toddler care - how can programs sustain

·  Statewide cost analysis is needed

·  Cost of living is much higher in certain areas of State – is that reflected in market rate?

·  Market survey once it happens it will be already outdated and there will also be two minimum wage increases

·  Last Market Rate – school age rates were negatively impacted

·  Programs that receive public funds can afford to pay higher salaries and retain staff

·  Small businesses are not getting any type of assistance – need balance

·  Ratios very important and reimbursement needed to support ratios

·  Licensing sets ratios

·  Need providers in the system – need to increase volume - need funding to retain quality staff not lose them

·  Need to determine what the priority is

·  Is the percentile of the Market Rate still legislatively set?

·  Market rate can’t be based on projections

·  No limit on Market Rate – no CAP

·  Where is financial incentive for providers?

The Market Rate Survey will need to be done again next year. All providers receive a survey to complete. In the past the 50% percentile rate has been used.

The Department made the decision to increase the percentile to 75% for Family Child Cares in rural areas to ensure affordability and accessibility and for School age programs. Estimated fiscally - brought to legislature – implemented it and now are monitoring it.

Child Care Licensing

It is felt that Licensors make arbitrary decisions on their inspections and then these decisions are automatically posted with no right of appeal. Many of the licensing rules are subject to personal opinions. Providers need time to review the inspection report and address any concerns before it gets posted. Having an exit interview before the licensor leaves the program is very difficult to do when having to tend to children.

IDR process

Providers are not able to use this process for items that may lead to a deficiency. IDR used only for statement of deficiency. This is very unfair for providers as they can’t resolve issues. Providers also needs to be able to present their evidence to an unbiased group. It was suggested to use a process like the medical field does: board consisting of a lay person, educator and policy person.

CCDF requires a state that accepts funds to list citations and violations for 3 years. Department has taken down while working on appeal process. Need to come back into compliance with CCDF requirements. An IDR process was implemented last year. Board consisting of Janet Whitten and two legal and policy people who do not work within Licensing.

Common practice within State Government is that the first level of appeal is with the Department. If not resolved - a second level is needed. Need to do in a thorough and respectful way.

Licensing Rule Changes status

Still in rule making APA process. Unable to comment.

Status of the Appeal

Unknown. The HHS Committee met in July and meeting was very brief. Committee had heard a rumor that the Dept. had filed all new rules with AG’s Office. No movement was done at that time.

Notification process

Health and Human Services Committee has a calendar online http://legislature.maine.gov/calendar/#Weekly/2017-10-01

Fastest way to get notified. HHS schedules in blocks of similar topics – so stakeholders can participate.

Routine Technical rules have been made public - not promulgated. Deadline is September 15th for the emergency adoption.

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