BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 702|
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THIRD READING
Bill No: SB 702
Author: DeSaulnier (D)
Amended: 5/5/09
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 5-0, 4/28/09
AYES: Liu, Maldonado, Alquist, Runner, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Ancillary day care centers: employees:
trustline providers
SOURCE : Author
DIGEST : This bill requires employees at drop-in child
care programs, not otherwise subject to licensure, to be on
the state's trustline registry, which requires a criminal
records clearance.
ANALYSIS : Existing 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
CONTINUED
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(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
or want a criminal records clearance for their
employment.
This bill:
1.Defines "ancillary day care centers" as those associated
with athletic clubs, grocery stores, 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.
2.Requires that the employees of ancillary day care centers
be on the trustline registry.
Background
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 (is 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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
CTW:nl 5/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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