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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Blanca Rubio</ns0:AuthorText>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Blanca Rubio</ns0:Name>
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<ns0:Title> An act to amend Section 8243 of the Education Code, and to amend Section 10281 of the Welfare and Institutions Code, relating to childcare. </ns0:Title>
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<ns0:Subject>Childcare: mental health consultation services.</ns0:Subject>
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<html:p>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. The Early Education Act requires the Superintendent of Public Instruction, to, among other things, provide an inclusive and cost-effective preschool program. Under both acts, the cost to a provider agency of providing an early childhood mental health consultation service is reimbursable if certain requirements are met, including that the consultation service uses a relationship-based model that includes specified components, including, among others, that, at least twice per program year, early care- and education setting-based mental health assessments are conducted and that there is, with the consent of parents or legal guardians, at least one screening of each enrolled child for adverse
childhood experiences and screening for buffering factors.</html:p>
<html:p>This bill would remove the requirement that the consultation service use a relationship-based model that includes those components in order to be reimbursable and instead requires that, in order to be reimbursable, the consultation service, among other things, uses a relationship-based model that includes that, at least once per school year in each classroom, in consultation with the classroom team, the use of an early care and education classroom observation tool to inform the specific activities and support the consultant will provide.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 8243 of the
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is amended to read:
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<ns0:Num>8243.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, “early childhood mental health consultation service” means a service benefiting a child who is served in a California state preschool program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, “early childhood mental health consultation service” includes, but is not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Support for providers, parents, legal guardians, and caregivers to create trauma-informed, proactive inclusive environments and to respond effectively to all children.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Assistance through individual site consultations, provision of resources, formulation of training plans, referrals, and other
methods that address the unique needs of programs and providers.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Aid to providers, parents, legal guardians, and caregivers, and encouragement and facilitation of collaboration and communication, in developing the skills and tools needed to be successful as they support the development and early learning of all children, including observing environments, facilitating the development of action plans, and supporting site implementation of those plans.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The development of strategies for addressing prevalent child mental health concerns, including internalizing problems, such as appearing withdrawn, and externalizing problems, such as exhibiting persistent and serious behaviors.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If a child exhibits persistent and serious behaviors, support with the pursuit and documentation of reasonable steps to maintain the
child’s safe participation in the program, as described in Section 8489.1.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Face-to-face interactions or video-based platforms and other modes of communication that are compliant with the federal Health Insurance Portability and Accountability Act (Public Law 104-191), such as the telephone.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Group or individual consultations of any of the actions described in this paragraph.
</html:p>
<html:p>
(b)
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The cost to an agency of providing an early childhood mental health consultation service shall be reimbursable pursuant to Section 8244 if all of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The early childhood mental health consultation service is provided on a schedule of sufficient and consistent frequency continuously throughout the program year, to significantly contribute to all of the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Improving interpersonal relationships and child outcomes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Increasing the confidence, competence, and well-being of those consulted.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Eliminating suspensions and expulsions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The early childhood mental health consultation service is provided by one of the following persons:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A licensed mental health professional, including a marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, a licensed child and adolescent psychiatrist, a credentialed school counselor, or a school psychologist credentialed pursuant to Section 44266 and employed pursuant to Section 49400.
The person described in this subparagraph shall have at least three years of experience providing mental health services to children zero to five years of age, inclusive, shall have training in infant, family, and early childhood mental health, shall be adequately insured, shall have held their respective license for a minimum of two years, and shall be in full compliance with all continuing education requirements applicable to their profession.
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<html:p>
(ii)
<html:span class="EnSpace"/>
A license-eligible marriage and family therapist, a license-eligible clinical social worker, a license-eligible professional clinical counselor, a license-eligible psychologist, or a license-eligible child and adolescent psychiatrist, who is supervised by a person meeting all of the requirements described in clause (i).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A person holding, at a minimum, a master’s degree in a field related to mental health or human services,
including, but not limited to, marriage and family therapy, clinical social work, professional clinical counseling, infant mental health, human development, human services, psychology, school psychology, child and adolescent psychiatry or occupational therapy, education, social work, and other related fields, as determined by the department, and who has at least two years of experience working with children zero to five years of age, inclusive, who is supervised by a person meeting all of the requirements described in clause (i).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A person meeting all of the requirements described in clause (i) who is providing supervision pursuant to clause (ii) may be an employee of a contracting agency, including on a temporary or part-time basis, or engaged as an external contractor, provided that supervision takes place on a regular basis that is sufficient to offer professional guidance and support.
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<html:p>
(B)
<html:span class="EnSpace"/>
Any person providing mental health consultation services pursuant to this section shall have a successful criminal background check.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The early childhood mental health consultation service uses a relationship-based model emphasizing strengthening relationships among early childhood education providers, parents, children, and representatives of community systems and resources, and integrates reflective practice into the onsite consultation model. This model shall include, but not be limited to, both
of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
At least once per school year in each classroom, in consultation with the classroom team, use an early care and education classroom observation tool to inform the specific activities and support the consultant shall provide.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Recordkeeping that adequately documents all consultation activities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Within the first 30 days upon hire or start of consultation service, a provider agency ensures that a consultant is trained in all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
California law and professional ethics for early childhood mental health consultation, including all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope of practice of early childhood mental health consultation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of early childhood mental health consultation.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Confidentiality, particularly as it pertains to minors.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Child abuse and neglect mandated reporting laws.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Best practices and foundations of early childhood mental health consultation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
All relevant laws and regulations regarding state and federal childcare programs.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Consultants and supervisors shall participate in continuing professional development and education for at least 18 hours per program year. Topics may include, but are not limited to, infant-family and early childhood mental health, implicit bias and equity, trauma-informed practice, early childhood development, and consultation.
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<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State, the department shall, in consultation with the State Department of Social Services, on or before December 31, 2023, issue guidance through management bulletins or similar letters of instruction for programs on implementing the requirements set forth in this section.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 10281 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>10281.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, “early childhood mental health consultation service” means a service benefiting an infant or toddler who is 0 to 36 months of age, inclusive, and is served in a general childcare and development program pursuant to this chapter, or a child who is 0 to 5 years of age, inclusive, and is served in a family childcare home education network setting funded by a general childcare and development program pursuant to this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, “early childhood mental health consultation service” includes, but is not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Support for providers, parents, legal guardians, and caregivers to create
proactive trauma-informed, inclusive environments and to respond effectively to all children.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Assistance through individual site consultations, provision of resources, formulation of training plans, referrals, and other methods that address the unique needs of programs and providers.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Aid to providers, parents, legal guardians, and caregivers, and encouragement and facilitation of collaboration and communication, in developing the skills and tools needed to be successful as they support the development and early learning of all children, including observing environments, facilitating the development of action plans, and supporting site implementation of those plans.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The development of strategies for addressing prevalent child mental health concerns, including internalizing problems, such as appearing
withdrawn, and externalizing problems, such as exhibiting persistent and serious behaviors.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If a child exhibits persistent and serious behaviors, support with the pursuit and documentation of reasonable steps to maintain the child’s safe participation in the program, as described in Section 10491.1.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Face-to-face interactions or video-based platforms and other modes of communication that are compliant with the federal Health Insurance Portability and Accountability Act (Public Law 104-191), such as the telephone.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Group or individual consultations of any of the actions described in this paragraph.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The cost to a provider agency of providing an early childhood mental health consultation service shall be reimbursable pursuant to Section
10281.5 if all of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The early childhood mental health consultation service is provided on a schedule of sufficient and consistent frequency, continuously throughout the program year, to significantly contribute to all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Improving interpersonal relationships and child outcomes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Increasing the confidence, competence, and well-being of those consulted.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Eliminating suspensions and expulsions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The early childhood mental health consultation service is provided by one of the following persons:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A licensed mental health professional, including a
marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, a licensed child and adolescent psychiatrist, a credentialed school counselor, or a school psychologist credentialed pursuant to Section 44266, and employed pursuant to Section 49400, of the Education Code. The person described in this subparagraph shall have at least three years of experience providing mental health services to children zero to five years of age, inclusive, shall have training in infant, family, and early childhood mental health, shall be adequately insured, shall have held their respective license for a minimum of two years, and shall be in full compliance with all continuing education requirements applicable to their profession.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A license-eligible marriage and family therapist, a license-eligible clinical social worker, a license-eligible professional clinical counselor, a
license-eligible psychologist, or a license-eligible child and adolescent psychiatrist, who is supervised by a person meeting all of the requirements described in clause (i).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A person holding, at a minimum, a master’s degree in a field related to mental health or human services, including, but not limited to, marriage and family therapy, clinical social work, professional clinical counseling, infant mental health, human development, human services, psychology, school psychology, child and adolescent psychiatry or occupational therapy, education, social work, and other related fields, as determined by the department, and who has at least two years of experience working with children zero to five years of age, inclusive, who is supervised by a person meeting all of the requirements described in clause (i).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A person meeting all of the requirements described in clause (i)
who is providing supervision pursuant to clause (ii) may be an employee of a contracting agency, including on a temporary or part-time basis, or engaged as an external contractor, provided that supervision takes place on a regular basis that is sufficient to offer professional guidance and support.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any person providing mental health consultation services pursuant to this section shall have a successful criminal background check.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The early childhood mental health consultation service uses a relationship-based model emphasizing strengthening relationships among early childhood education providers, parents, children, and representatives of community systems and resources, and integrates reflective practice into the onsite consultation model. This model shall include, but not be limited to,
both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
At least once per school year in each classroom, in consultation with the classroom team, use an early care and education classroom observation tool to inform the specific activities and support the consultant shall provide.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Recordkeeping that adequately documents
all consultation activities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Within the first 30 days upon hire or start of consultation service, a provider agency ensures that a consultant is trained in all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
California law and professional ethics for early childhood mental health consultation, including all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the
scope of practice of early childhood mental health consultation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of early childhood mental health consultation.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Confidentiality, particularly as it pertains to minors.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Child abuse and neglect mandated reporting laws.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Best practices and foundations of early childhood mental health consultation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
All relevant laws and regulations regarding state and federal childcare programs.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Consultants and supervisors shall participate in continuing professional development and education for at least 18 hours per
program year. Topics may include, but are not limited to, infant-family and early childhood mental health, implicit bias and equity, trauma-informed practice, early childhood development, and consultation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until regulations are filed with the Secretary of State, the State Department of Social Services shall, in consultation with the State Department of Education, on or before December 31, 2023, implement this section through all-county letter or similar instructions until regulations are adopted.
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