As used in this article:

(a) (1) “Family childcare provider” or “provider” means a childcare provider who participates in a state-funded early care and education program as specified in subdivision (c) and is either of the following:

(A) An individual who operates a family daycare home, as defined in Section 1596.78 of the Health and Safety Code, and who is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code.

(B) An individual who provides early care and education in their own home or in the home of the child receiving care and is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code.

(2) In no instance shall an assistant-provider, a volunteer, or any other individual who works or volunteers for a family daycare home, as defined in Section 1596.78 of the Health and Safety Code, and does not possess a license pursuant to Section 1596.80 of the Health and Safety Code be considered a family childcare provider for purposes of this article. However, any individual who, separate and apart from such work or volunteer service within a family daycare home, participates in a state-funded early care and education program and provides care that is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code shall be considered a family childcare provider for purposes of this article in their capacity as the provider of this separate, license-exempt care.

(b) “Provider organization” means an organization that has all of the following characteristics:

(1) Includes family childcare providers as members.

(2) Has as one of its main purposes the representation of family childcare providers in their relations with public or private entities in California concerning the terms of their participation in state-funded early care and education programs.

(3) Is not an entity that contracts with the state or a county to administer or process payments for a state-funded early care and education program.

(4) Its organizational bylaws or other internal governing documents give family childcare providers the right to be members of the organization and to participate in the democratic control of the organization.

(c) “State-funded early care and education program” means a program administered by the State Department of Education, the State Department of Social Services, another department or agency, or a political subdivision of the state, including programs established subsequent to the enactment of this article, to subsidize early learning and care for children, but does not include the public education system.

(Added by Stats. 2019, Ch. 51, Sec. 13. (SB 75) Effective July 1, 2019.)