BILL ANALYSIS                                                                                                                                                                                                    






                                  SENATE HUMAN
                               SERVICES COMMITTEE
                            Senator Carol Liu, Chair


          BILL NO:       AB 222                                       
          A
          AUTHOR:        Adams                                        
          B
          VERSION:       As Proposed to be amended
          HEARING DATE:  August 30, 2010                              
          2
          FISCAL:        Yes                                          
          2
                                                                      
          2
          CONSULTANT:                                                
          Hailey
                                        

                                     SUBJECT
                                         
                                   Child care

                                     SUMMARY  

          Fixes two problems facing ancillary day care centers since  
          the passage of new legislation requiring a criminal records  
          clearance for each employee by January 1, 2011 (SB 702,  
          DeSaulnier; Chapter 199, Statutes of 2009).

                                     ABSTRACT  

           Current law  :
          1.  Establishes health and safety requirements for child  
          care programs, enforced by the State Department of Social  
          Services (DSS) through the licensing of community care  
          facilities.

          2.  Exempts from licensure various programs for children,  
          including temporary child care services provided to parents  
          who are on the premises of the child care program (except  
          for ski facilities, shopping malls, or department stores).

          3.  Establishes the trustline registry for persons who are  
          not employed by licensed child care programs but who need  
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          or want a criminal records clearance for their employment.

          4.  Defines "ancillary day care centers" as those  
          associated with athletic clubs, grocery stores, malls,  
          shops, or other businesses or group of businesses that  
          provide a day care center, as ancillary to its principal  
          business activity, to its customers or clients while they  
          are engaged in shopping for or purchasing goods or services  
          from that business or group of businesses.

          5.  Requires that the employees of ancillary day care  
          centers be on the trustline registry by January 1, 2011.


           This bill  :

          1.  Establishes a fee of $35 - for each application -- to  
          cover DSS's costs and permits the department to adjust that  
          fee annually to reflect changes in the consumer price  
          index.

          2.  Clarifies that the requirement to obtain a criminal  
          records clearance applies to persons who are 18 years of  
          age or older, thus permitting ancillary day care centers to  
          hire persons who are not yet 18 years of age.

          3.  Provides that a person whose trustline application is  
          denied or revoked can not be employed in an ancillary day  
          care center.

          4.  Allows an employee who has applied for trustline  
          registration before January 1, 2011, to continue to work  
          past that date until DSS has denied his or her trustline  
          application and any right to appeal that denial has been  
          exhausted or has expired.

          5.  Adds an urgency clause.

                                  FISCAL IMPACT  

          Unknown; none expected.

                            BACKGROUND AND DISCUSSION  

           Need for the bill




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           Several fitness centers have brought to the author's  
          attention that as of January 1, 2011, they will no longer  
          be able to hire teenagers who are not yet adults to work in  
          their on-site child care centers.  These teens make up a  
          large part of this workforce.  The author believes that it  
          was not the intent of the original legislation - SB 702 of  
          2009 - to exclude minors from working in these centers.   
          However, as written the new law does require a trustline  
          registration of every employee at an ancillary day care  
          center, and only adults can register for trustline.

           What is the trustline registry?
           There are several kinds of child care arrangements that do  
          not require a license from DSS.  Early in the 1980s, the  
          Legislature designed a program whereby a parent could  
          determine if a person in their employ as a child care  
          provider has a criminal record.  Fingerprints and a fee are  
          provided to the State Department of Justice, which in turn  
          runs those prints against the state crime data base and the  
          state's child abuse index.  The prints are also provided to  
          the Federal Bureau of Investigation which runs them through  
          its national crime data base.  Any rap sheet produced in  
          this process is then forwarded to DSS, which goes through  
          the records and determines if the individual in question  
          can be given a clearance for child care employment.  That  
          information (if the person given a clearance or denied a  
          clearance) is then forwarded to the California Child Care  
          Resource and Referral Network, which maintains a registry  
          of persons with a clearance.  That registry is called the  
          trustline registry.  The parent is also notified if the  
          individual is now registered or if that application was  
          denied.

          Over time, this registry has been used for additional  
          classifications of child care workers who are not working  
          in facilities that have a license.

          If a person does have a criminal record, there are some  
          crimes that automatically exclude an applicant from being  
          on the trustline registry.  If an applicant is guilty of  
          crimes of lesser seriousness, DSS has the discretion to  
          review an appeal and grant registration when certain  
          conditions are met.

          According to the Resource and Referral Network, fees for a  




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          trustline application include
                 $19 for the FBI clearance
                 $32 for the State Department of Justice (DOJ) to  
               run prints through its criminal history system
                 $15 for DOJ to run prints through the child abuse  
               central index
                 $43 for DSS and the Resource and Referral Network
                 $15 to $25 to process fingerprints at a LiveScan  
               location

          The cost averages about $125 for the entire process.  One  
          purpose of the registry is to enable a person to remain on  
          the registry as long as there are no subsequent arrests or  
          convictions.  Clearance information is therefore available  
          to employers over time.

          This bill adds a $35 fee to defray the costs of DSS to  
          process an application for registration in trustline.

           Related legislation
           As noted above, SB 702 (DeSaulnier; Chapter 199, Statutes  
          of 2009) establishes the requirement that ancillary day  
          care centers hire only persons who registered with  
          trustline, meaning that they have undergone a criminal  
          records clearance authorized by the State Department of  
          Social Services.

          AB 507 (2005, Daucher) proposed that employees and  
          volunteers at the child care centers operated within health  
          studios be subject to a criminal records check.  This bill  
          failed passage in the Senate Public Safety Committee.

           Previous votes  :
          AB 222: Not applicable; this is a new bill.
          SB 702:  Senate Human Services, April, 2009: 5-0.

                                    POSITIONS  

          Support:       24-Hour Fitness
                         International Health, Racquet, and  
          Sportsclub Association

          Oppose:   None received






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