BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 222
          Author:   Adams (R), et al
          Amended:  8/20/10 in Senate
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT 


           SUBJECT  :    Child care

           SOURCE  :     Author


           DIGEST  :    This bill allows persons under 18 years of age  
          to be employees of ancillary day care centers without being  
          registered for trustline (one must be an adult to have a  
          criminal records clearance), and it allows employees whose  
          clearance is pending to continue to work until the  
          Department of Social Services denies their trustline  
          application and any right to appeal has been exhausted or  
          expired.  This bill also sets the fee for each application  
          at $35, allowing annual adjustments.

           Senate Floor Amendments  of 8/20/10 delete the prior version  
          of the bill dealing with solid waste.  This bill now deals  
          with child care in order to address two unintended  
          consequences of 2009 legislation which requires all staff  
          at ancillary day care centers to have a criminal records  
          clearance by January 1, 2011.

           ANALYSIS  :    

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          Existing law:

          1. Requires the Department of Social Services (DSS) to  
             establish a trustline registry for trustline providers  
             who met meet prescribed requirements.

          2. Defines a trustline provider as a person 18 years of age  
             or older who provides child care, supervision, or any  
             person providing in-home educational or counseling  
             services to a minor, and who is not required to be  
             licensed as a child day care provider.

          3. Commencing January 1, 2011, provides that a person who  
             provides care or supervision in an ancillary day care  
             center, as defined, shall be registered as a trustline  
             provider, and specifically defines a trustline provider  
             as also meaning a person who provides child care or  
             child care supervision in an ancillary day care center,  
             other than the parent or guardian of the child receiving  
             the care.

          4. Authorizes DSS to charge a fee to trustline applicants,  
             as specified. Under existing law, moneys collected by  
             the department to implement the trustline provisions are  
             continuously appropriated to the department without  
             regard to fiscal year for expenditure to implement the  
             trustline provisions. 

          5. Requires DSS to charge a fee to each trustline applicant  
             who provides care in an ancillary day care center equal  
             to the total amount required by the department to  
             process applications and maintain the trustline registry  
             for these providers.

          This bill:

          1. Requires that, commencing January 1, 2011, a person 18  
             years of age or older who provides child care or child  
             care supervision in an ancillary day care center, be  
             registered as a trustline provider. 

          2. Provides that nothing in the trustline provider  
             provisions shall be construed to prevent a person under  
             18 years of age from being employed in an ancillary day  







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             care center.

          3. Specifies that a person is ineligible for employment in  
             a position providing child care or child care  
             supervision in an ancillary day care center if that  
             person is denied trustline registration or has his/her  
             trustline registration revoked, as prescribed. 

          4. Permits an employee or prospective employee in an  
             ancillary day care center to work in a position  
             providing child care or child care supervision pending  
             DSS's review of his/her trustline application.

          5. Requires DSS, in addition to the fee charged to  
             trustline applicants, to charge a trustline applicant  
             who provides child care or child care supervision in an  
             ancillary day care center the amount of $35, that may be  
             adjusted annually as prescribed, to cover DSS's costs to  
             process applications and maintain the trustline registry  
             for these providers.  

           Comments  

          SB 702 (DeSaulnier), Chapter 199, Statutes of 2009,  
          requires that by January 1, 2011, all employees of  
          ancillary day care centers, as defined, shall have a  
          criminal records clearance and be registered in the  
          trustline program.  AB 222, as amended, allows persons  
          under 18 years of age to be employees of ancillary day care  
          centers without being registered for trustline (one must be  
          an adult to have a criminal records clearance), and it  
          allows employees whose clearance is pending to continue to  
          work until DSS denies their trustline application and any  
          right to appeal has been exhausted or expired.  This bill  
          also sets the fee for each application at $35, allowing  
          annual adjustments.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          CTW:mw  8/23/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED








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