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The spending plan described in Section 20.17-2(b) shall also include metrics designed to evaluate the effectiveness of the Initiative and each of its specific components. Within one year of the Department’s submission of the spending plan to the Board of Supervisors, and on an annual basis thereafter, the Department shall prepare, and submit to the Children and Families First Commission (the “First Five Commission”), established by Chapter 86 of the Administrative Code, the Early Childhood Community Oversight and Advisory Committee (the “EC COAC”), established by Article XIII of Chapter 5 of the Administrative Code, the CCPAC, and the Board of Supervisors, a report evaluating the effectiveness of the Initiative and each of its specific components, using the metrics previously developed in the Department’s spending plan and include a financial analysis forecasting how the Department will achieve universal access to early care and education, and establish a universal system for high-quality early care and education that interrupts racialized outcomes for children by building and funding an integrated system of early childhood supports and service in San Francisco and is based on planned expenditures and anticipated funding. The report should also consider and report on emerging needs, and new conditions or circumstances that would impact effectiveness such as workforce retention or newly identified revenue sources, economic conditions, or new policy directives. Before the Department submits this annual report to the Board of Supervisors, the EC COAC, the CCPAC, and the First Five Commission shall have an opportunity to review the report and submit related recommendations to the Department and the Board of Supervisors.
(a) Findings. Early care and education providers are essential for working families, but were struggling even before the COVID-19 health emergency and are now critically impacted. Due to new health orders issued in 2020, early care education providers had to limit the number of children served, increase staffing, and modify physical spaces in order to provide a safe environment. However, subsidies from State and Federal resources were limited and have to kept up1
with the rising costs of operation.
In July 2020, the Center for the Study of Child Care Employment conducted a survey of child care programs throughout California and found that 953 center-based (40%) and family child care (60%) programs were facing new financial challenges including decreased capacity and increased costs caused by the reopening process and meeting new COVID-19 mitigation protocols. Specifically, of the programs that have re-opened, 77% have experienced loss of income from families; 99% of re-opened child care centers and 78% of re-opened family child care programs have fewer children attending than before the pandemic.
Without public funding, the early care and education system is in severe financial crisis; the projected revenue loss for early care and education centers and family child care centers that are currently funded by the City were estimated to lose $21.8 million between March and June 30, 2020. The City’s Economic Recovery Task Force’s October 2020 report stated that a quality, robust child care system was necessary to get San Francisco back to work and onto the road of recovery. The Task Force recommended that the City establish new methods for supporting child care providers, including financial support with flexible supplemental grant funds or forgivable loans to expand spaces, open up larger spaces, and provide adequate spacing to adhere to new health requirements.
While San Francisco’s Office of Early Care and Education served over 7,000 children from 0-K with some form of subsidy-supported program this past quarter, there are currently 2,796 children actively on the waiting list for City-funded programs. Based on the 2018 citywide needs assessment, there are over 1,000 preschool-aged children and 19,000 infants and toddlers who we are unable to serve with our current licensed capacity.
Beyond the early care and education providers that receive some funding through the City, there are also hundreds of non-subsidized child care providers including co-ops, licensed nonprofit centers, licensed private child care centers, and licensed family-based child care that are at the brink of closure due to the pandemic. In order to support the entire early care and education system, there needs to be adequate support for early care and education providers across the spectrum to stabilize the workforce and sustain existing child care slots.
(b) Establishment of Early Education Economic Recovery Program. Subject to the budgetary and fiscal provisions of the Charter, the Office of Early Care and Education (“OECE”) shall develop and implement the Early Education Economic Recovery Program (“Program”) to provide grants and no-interest loans to early care and education providers impacted by the COVID-19 pandemic, as provided in this Section 20.17-4. The Program shall be funded under the Early Care and Education for All Initiative by appropriations from the Babies and Families First Fund established in Administrative Code Section 10.100-36, in addition to such other appropriations as the Board of Supervisors may direct by ordinance.
(c) Providers Eligible for Funding. The following types of early care and education providers (“Providers”) shall be eligible to receive funding under the Program, subject to additional criteria established by OECE, provided that the Providers are operating in the City at the time of the grant or loan award and throughout the period covered by the loan or grant:
(1) Small and Large Family Child Care Homes, as defined in 22 C.C.R. Section 102352(f)(1), that (A) are licensed under California Health and Safety Code Sections 1596.60 et seq. at the time of the grant or loan award and throughout the period covered by the grant or loan, and (B) served at least four children between ages zero and six, inclusive, at any point from March 1, 2019 through February 29, 2020;
(2) Non-profit Day Care Centers or Child Care Centers, as defined under 22 C.C.R. Section 101152(c)(7), that, at the time of grant or loan award and throughout the period covered by the grant or loan, (A) are licensed under California Health and Safety Code Sections 1596.60 et seq., and (B) care for children between ages zero and six, inclusive;
(3) For-profit Day Care Centers or Child Care Centers, as defined under 22 C.C.R. Section 101152(c)(7), that, at the time of grant or loan award and throughout the period covered by the grant or loan, (A) are licensed under California Health and Safety Code Sections 1596.60 et seq., (B) operate no more than two locations in the City, and (C) care for children between ages zero and six, inclusive; and
(4) Providers licensed and exempt from licensing under California Health and Safety Code Sections 1596.60 et seq. that, at the time of grant or loan award and throughout the period covered by the grant or loan, (A) operate under a cooperative arrangement between parents for the care of their children, in which families participate on a rotating basis, serving six or more families, (B) meet the description in California Health and Safety Code Section 1596.792(e), and (C) care for children between ages zero and six, inclusive.
(d) Permitted Uses of Funding. OECE may provide funds to Providers under the Program for the following purposes:
(1) Costs associated with cleaning or sanitation of Providers’ facilities to minimize the risk of transmission of COVID-19;
(2) Costs of purchasing educational materials, including computers and other electronic devices, to reduce the need for children to share materials during the COVID-19 pandemic;
(3) Costs associated with increasing the size of facilities, changing the arrangement of furniture in facilities, or otherwise making physical changes to facilities, to help keep children physically distanced from one another to minimize the risk of transmission of COVID-19;
(4) Costs of providing financial assistance to the Providers’ employees to assist those employees to pay for childcare for their own dependents during working hours;
(5) Costs of providing childcare for free or reduced cost to children of essential healthcare workers and City employees who have been activated as Disaster Service Workers, who are unable to care for their children during the workday; and
(6) Other costs authorized by OECE by rule or regulation that assist Providers to address the impacts of the COVID-19 pandemic on Providers, their employees, children served by Providers, and families of those children.
(e) Administration. OECE shall administer the Program with assistance as needed from the Human Services Agency, and may promulgate rules or regulations regarding the Program. At minimum, OECE shall promulgate rules and regulations to:
(1) Establish an application process, a selection process, and selection criteria for the Program. In promulgating regulations establishing a selection process and criteria, OECE shall attempt to establish criteria that maximize the likelihood that the Program will be accessible to Providers that do not currently receive funding from the City.
(2) Establish a set of factors OECE may consider in determining the amount of funding in each grant or loan, provided that each grant or loan issued under the Program shall be at least $5,000.
(f) Outreach. Beginning no later than 10 days after the effective date of the ordinance in Board File No. 201327 enacting this Section 20.17-4, OECE shall develop and begin to implement an outreach plan to make Providers aware of the Program. OECE shall design the outreach plan to reach all Providers in the City, including those that do not currently receive funding from the City. In designing and implementing the outreach program, OECE shall work directly with child care resource and referral organizations and family child care associations to maximize the impact of the outreach in appropriate languages.
(g) Statement of Intent for Funding in FY 2020-21. Subject to the budgetary and fiscal provisions of the Charter and availability of funds in the Babies and Families First Fund in Section 10.100-36, it is the intent of the Board of Supervisors that OECE will award grants or loans in Fiscal Year 2020-21 in a total amount of at least $20 million.
(h) No-Interest Loan Program. This Section 20.17-4 authorizes the City to provide interest-free loans under the Program. Before conducting outreach regarding interest-free loans or initiating a solicitation process for such loans, OECE shall consult with the Treasurer-Tax Collector and the Controller. Based on that consultation, OECE may determine that an interest-free loan program is infeasible or otherwise would be impractical or problematic, and may decide not to award loans under the Program.
(i) Sunset. This Section 20.17-4 shall sunset on December 31, 2021 unless the Board of Supervisors extends it by ordinance. After that date, OECE shall issue no additional grants or loans under the Program, but rules, restrictions, and reimbursement periods that apply to existing grants and loans shall remain in effect. After the sunset date, the City Attorney shall cause this Section to be removed from the Administrative Code.
(Added by Ord. 272-20, File No. 201327, App. 12/23/2020, Eff. 1/23/2021)
CODIFICATION NOTE
1. So in Ord. 272-20.
Findings and Purpose. | |
Definitions. | |
Establishment of Shelter Grievance Policy and Administration. | |
Notice Procedures. | |
Shelter Hearing Procedures. | |
Arbitration Procedures. | |
Good Cause. | |
Reporting and Annual Review. | |
Complaint Procedure. | |
Severability. | |
General Welfare. | |
(a) Findings.
(1) As of the San Francisco Department of Homelessness and Supportive Housing’s 2019 “Point in Time” Count measuring the prevalence of homelessness, there were approximately 8,035 unhoused individuals in San Francisco. To combat homelessness and assist these individuals, San Francisco has developed a portfolio of shelters ranging from traditional models to more recent innovations like navigation centers and safe sleep sites. Each shelter establishes rules governing shelter client conduct and, if a shelter client breaks a rule, the shelter can either issue a warning and impose a non-immediate denial of service, or impose an immediate denial of service. If a client is denied service, this may result in an unhoused individual losing the individual’s place in the shelter, often exiting back to the street.
(2) To prevent unnecessary exits to the street, and to define the rights of shelter clients, the Human Services Commission adopted the Shelter Grievance Policy on April 23, 1992, and, since August 25, 2016, the Department of Homelessness and Supportive Housing has administered this policy. The policy consists of a two-stage appeals process that allows shelter clients to dispute their denials of service. These appeals often result in an agreement between the shelter and client—remedying the underlying denial of service, allowing the client to remain in the shelter, and reducing the likelihood of a repeat rule violation.
(3) The Shelter Grievance Policy helps keep the City’s unhoused individuals in shelters and off the streets, while also providing a dispute resolution process for clients accused of violating shelter rules. Although this Shelter Grievance Policy has been incredibly successful in accomplishing both goals for three decades, the policy itself has not been codified in the Municipal Code.
(4) Ensuring each shelter that receives City funding has a transparent set of rules and rights for their clients, including the right to a fair and speedy appeals process, creates accountability and increases the quality of the shelter system.
(b) Purpose. The purpose of this Article XVIII is to codify the Shelter Grievance Policy with appropriate revisions and establish transparent standards by which shelter clients may appeal a denial of service.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
For purposes of this Article XVIII:
“Arbitration” means a hearing conducted by an arbitrator adjudicating a Shelter Hearing decision that was unfavorable to a Client.
“City” means the City and County of San Francisco.
“Client” means an individual receiving Services from a Shelter.
“Denial of Service” means either an Immediate Denial of Service or a Non-Immediate Denial of Service. A Denial of Service includes denials issued for a Client’s failure to meet shelter eligibility criteria.
“Denial of Service Notice” means a notice issued by a Shelter to a Client that the Shelter intends to deny Service to the Client.
“Department” means the Department of Homelessness and Supportive Housing.
“Director” means the Director of the Department of Homelessness and Supportive Housing or the Director’s designee.
“Immediate Denial of Service” means a denial of Service due to a Rule violation that threatens the health or safety of Shelter staff or Clients and results in the Shelter immediately removing the Client from the Shelter.
“Non-Immediate Denial of Service” means a denial of Service due to a Rule violation that does not threaten the health or safety of Shelter staff or Clients.
“Rule” means a regulation governing Client behavior established by a Shelter.
“Service” means temporary shelter services offered by a Shelter.
“Shelter” means a facility, outdoor location, or resource center, funded in whole or in part by the City, providing temporary shelter services for homeless single adults, youth, or families. “Shelter” shall not include domestic violence shelters; adult probation transitional housing; and Single Room Occupancy (SRO) hotels that are not operated by the City as temporary accommodations for emergency housing.
“Shelter Client Advocate” means any individual, group, or organization that provides advocacy or representation services for Clients.
“Shelter Grievance Policy” means the policy established by this Article XVIII governing grievance procedures and appeals for Clients.
“Shelter Hearing” means a hearing conducted by a Shelter to adjudicate a Denial of Service.
“Warning Notice” means a notice issued by a Shelter to a Client due to a Rule violation that does not threaten the health or safety of Shelter staff or Clients.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
The Department shall administer the Shelter Grievance Policy. The Director shall establish regulations for the proper administration of the Shelter Grievance Policy consistent with this Article XVIII. The Shelter Grievance Advisory Committee shall advise the Department and the Director on administration of the Shelter Grievance Policy and the regulations promulgated thereunder. Whenever any discretion as to the exercise of authority is given to the Director by this Article or by a regulation, the Director shall exercise said discretion only in so far as the same is necessary to protect the health or safety of the Clients, the Shelter and its employees, or the public, or to promote the reasonable, humane, and efficient operation of the Shelter. The Shelter Grievance Policy and any regulations promulgated pursuant to the Shelter Grievance Policy shall apply to the Shelter operations of all City departments that fund or contract with Shelters. All contracts between the City and Shelters shall include a provision that requires each Shelter to adhere to the Shelter Grievance Policy.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
(a) Rule Violation. A Shelter shall issue either a Warning Notice or Denial of Service Notice when a Client violates a Rule. If the Shelter does not issue a Warning Notice or Denial of Service Notice, the Shelter may not assert the violation of the Rule as a basis for sanctioning the Client or denying Service. Shelters shall post all Rules in a Shelter common area and may not deny Service for a change in Rules that the Shelter has not posted in writing in a Shelter common area. Shelter staff must witness a Rule violation before issuing a Warning Notice or Denial of Service Notice except in such circumstances as defined by the Department, and the notice must be issued or approved by a Shelter staff member trained on this Shelter Grievance Policy. Denial of Service Notices or Warning Notices may not be issued for behavior occurring outside the Shelter, except for threats or acts of violence committed by a Client within 200 feet from a currently used Shelter access door, and also in such circumstances as defined by the Department and as necessary to prevent an immediate threat to the health, safety, or welfare of Clients and Shelter staff or of members of the public.
(1) Non-Immediate Denial of Service. When a Client violates a Rule in the Non-Immediate Denial of Service category, a Shelter must issue a Warning Notice before issuing a Denial of Service Notice. A Shelter must issue a Warning Notice within 24 hours of the Rule violation and a Warning Notice is effective for 30 days from the date the Client receives the notice. A Shelter may deny Service to a Client who violates the same Rule within the 30-day effective period of an existing Warning Notice. A Shelter may not deny Service to a Client who violates a different Rule within the 30-day effective period of an existing Warning Notice, provided that, a Shelter may deny Service to a Client who receives an excessive number of Warning Notices for different Rule violations within the 30-day period of an existing Warning Notice. Each Shelter shall define “excessive number of Warning Notices” in the Shelter’s written Rules, provided that the Department may in its regulations establish criteria for defining an excessive number of Warning Notices. If a Shelter denies Service to a Client, it must issue a Denial of Service Notice within 48 hours of the final Warning Notice.
(2) Immediate Denial of Service. When a Client violates a Rule in the Immediate Denial of Service category, a Shelter must issue a Denial of Service Notice, but is not required to issue a Warning Notice. A Shelter must issue a Denial of Service Notice for an Immediate Denial of Service at the time of the Rule violation, or as soon thereafter as is reasonably feasible.
(b) Written Notice. A Warning Notice or Denial of Service Notice must be written. Such notice must state (1) the reason for the warning or denial; (2) length of suspension of Service, if applicable; (3) an explanation of the Shelter Grievance Policy in this Article XVIII; (4) an explanation of the good cause policy in Section 20.18-7; (5) contact information for Shelter Client Advocate services; and (6) the ability of a Client to receive Service while pursuing an appeal of a Non-Immediate Denial of Service, as provided in Sections 20.18-5(b) and 20.18-6(b). Shelter staff shall also verbally communicate the contents of the written notice to the Client except in such circumstances as defined by the Department. The Department shall provide forms of written notice to Shelters, and the Department shall translate such forms into the language(s) spoken by a Substantial Number of Limited English-Speaking Persons, as required by Chapter 91 of the Administrative Code.
(c) Language Access. Shelter staff shall translate any written notice into the languages spoken by Clients and shall provide oral interpretation or translation services of verbal communications related to the Rule violation, notice, and any subsequent administrative proceeding in the language of the Client.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
(a) A Client, either personally or through a Shelter Client Advocate, may appeal a Denial of Service by requesting a Shelter Hearing verbally or in writing to any Shelter staff within five business days from the date on which the Client received a Denial of Service Notice. If the Client does not request a Shelter Hearing within five business days, the Shelter shall not grant a hearing except in cases of good cause, as defined in Section 20.18-7.
(b) If a Shelter denies Service to a Client for a Non-Immediate Denial of Service and the Client timely requests a Shelter Hearing, the Client shall continue to receive Service and remain in the Shelter until the current Shelter stay expires or until the Shelter issues a decision at the conclusion of a Shelter Hearing, whichever is earlier.
(c) After the Client requests a Shelter Hearing, the Shelter shall establish a time and place for the hearing and the Shelter shall provide the Client with written notice of the date and time of the Shelter Hearing promptly upon its establishment. Either party may request a neutral hearing location and, upon a Client’s request or its own initiative, the Shelter shall contact the Department to secure a neutral hearing location. The Shelter shall not schedule a hearing date for a time earlier than one business day or later than three business days after a Client’s Shelter Hearing request, provided that, a Client may waive the timing requirements. The Shelter shall also notify any Shelter Client Advocate advocating for or representing the Client of the scheduled Shelter Hearing. If the Client requests an advocate or other representative to be present at the hearing, the Shelter may not hold a hearing earlier than 24 hours from the time of the request for an advocate unless the Client waives the 24-hour waiting period. The Client shall attend the Shelter Hearing and may, but is not required to, attend with an advocate or other representative. If the Client fails to appear, the Client will be deemed to have waived any right to pursue the grievance, unless the Client demonstrates good cause for missing the hearing, as defined in Section 20.18-7, in which case the Shelter shall reschedule the Shelter Hearing.
(d) The Shelter shall designate as an impartial hearing officer a person who did not witness the Rule violation or issue the Client’s Denial of Service. Shelter hearings shall be conducted in an impartial and informal manner. The Shelter shall translate a reasonable amount of written material relevant to, and to be presented at, the Shelter Hearing into the language spoken by the Client and shall provide oral interpretation services of the Shelter Hearing in the language of the Client. The hearing officer may consider all reasonable evidence offered by either party, provided that, neither party may compel the attendance or testimony of witnesses. The Client may bring witnesses to speak on the Client’s behalf. The Shelter is not required to bring other Clients as witnesses, and may offer witness statements of other Clients with names of such witnesses redacted. The hearing officer may not consider evidence concerning a Client’s past criminal history.
(e) The hearing officer shall issue a written decision within 48 hours of completion of the Shelter Hearing. Such written decision shall include: (1) the decision; (2) a reasoned explanation of the decision; (3) information describing how to request an Arbitration; (4) an explanation of the good cause policy; and (5) Shelter Client Advocate information. The hearing officer’s decision may uphold, or overturn the Shelter’s Denial of Service or withdraw the Denial of Service on consent of both the Shelter and the Client. If the hearing officer upholds the Denial of Service, the officer may also modify the Denial of Service by reducing the length of suspension or authorizing an additional opportunity for a Client to receive Service. The hearing officer may not increase the length of suspension, change Rules or individual case management plans agreed to by a Client and Shelter, make an exception to eligibility criteria, or award any other relief.
(f) A Client who prevails at a Shelter Hearing and is not currently residing in a Shelter, shall be entitled to the next available bed at a Shelter, provided that, the Client must claim the bed within 24 hours of when the Client acknowledges receipt of notification of entitlement. A Shelter must notify the Client of such entitlement and the entitlement shall expire within seven calendar days of the Shelter’s notification. The Shelter may, at its discretion, extend the period during which the Client may claim the next available bed. A prevailing Client shall be credited the amount of time for which the Client did not utilize Service due to the Shelter Hearing appeal process.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
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