BILL ANALYSIS Ó
AB 2036
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
AB 2036
(Lopez) - As Amended April 6, 2016
SUBJECT: Online child care job posting services: background
check service providers: consumer education
SUMMARY: Requires an online child care job posting service to
post specified information related to background checks on its
Internet Web site and provides for a related complaint process
to be overseen by the Attorney General.
Specifically, this bill:
1)Defines "online child care job posting service" to mean any
person or business that provides or offers to provide child
care providers.
2)Defines "background check services provider" to mean any
person or business that provides or offers to provide
background check services.
3)Requires an online child care job posting service posting
information on an Internet Web site in California to include a
description of, or link to, statements related to both of the
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following:
a) Trustline information, as specified, and the Trustline
registry toll-free phone number; and
b) The requirement that nonexempt family child care homes
be licensed in the state, parents' right to receive
information regarding substantiated or inconclusive
complaints about any child care provider, and how to obtain
such information.
1)Requires any online child care job posting service that
provides access to a background check for the child care
providers it lists to provide a written description of the
background check, as specified.
2)Requires background check service providers offering
background checks through the Internet Web sites of online
child care job posting services, as specified, to provide a
written description of the background checks offered, that
includes, at a minimum:
a) A detailed description of what is included in the
background check; and
b) A chart that lists each county in the state and the
databases that are checked for each county, including
specified information for each database, as applicable.
3)Requires the Attorney General, upon receiving a complaint, to
review the online child care job posting service or background
check service provider named in the complaint and further
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requires a notice of violation to be served upon a provider if
the Attorney General determines the provider has violated the
provisions of this bill, as specified.
4)Requires the Attorney General, in the first case of alleged
noncompliance, to provide written notice of the violation to
the online child care job posting service or background check
service provider. Further requires that the provider have 30
calendar days to correct the violation or request a hearing on
the matter, and provides for a process and requirements
regarding the submission of evidence of compliance.
5)Requires the Attorney General to adopt regulations, consistent
with due process, governing the notice, hearing, and
submission of evidence.
6)Requires the Attorney General to impose a fine of $1,000 per
violation for second and subsequent violations, as specified.
7)Requires any fines imposed and collected to be deposited into
the Child Health and Safety Fund and to be made available upon
appropriation by the Legislature, as specified.
8)Permits an individual damaged by a willful violation of the
provisions of this bill to bring a civil cause of action
against an owner, permits the court to award equitable relief,
and specifies that the rights and remedies provided in the
provisions of this bill are in addition to any other rights
and remedies provided by law, as specified.
EXISTING LAW:
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1)Establishes the California Child Day Care Facilities Act to
provide for the licensure and regulation of child care
facilities and specifies types of facilities and providers
exempt from licensure requirements and requires the Community
Care Licensing Division (CCLD) to regulate child care
licensees. (HSC 1596.70 et seq.)
2)Directs the Department of Social Services (DSS) to establish
and continuously update a trustline registry containing
information on license-exempt child care providers who have
submitted trustline background-check information and who have
undergone the specified background check. (HSC 1596.60 et
seq.)
3)Includes in California's system of child care and development
programs "resource and referral programs," charged with
providing information and referrals to parents regarding child
care in their area that meets the needs of the child and
parents. (EC 8208, 8210 et seq.)
4)Creates in the State Treasury the Child Health and Safety Fund
and allows for expenditure of moneys in the fund, upon
appropriation by the Legislature, for training investigative
and licensing field staff, site visits of day care centers and
family day care homes, and other purposes as specified. (WIC
18285)
FISCAL EFFECT: Unknown.
COMMENTS:
License-exempt child care providers: The California Child Day
Care Facilities Act governs the licensure and operation of child
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day care centers and family day care homes. This law and the
attendant regulations found in Title 22 of the California Code
of Regulations establish general health and safety requirements,
staff-to-child ratios, and provider training requirements.
However, the California Child Day Care Facilities Act provides
for a number of exemptions to licensing requirements for child
care providers, including providers of care for the children of
no more than one family in addition to their own. Nannies and
babysitters are, in most cases, license-exempt providers.
TrustLine: TrustLine, created by the California Legislature in
the 1980s, is a registry of license-exempt child care providers
who have cleared a criminal background check run by DSS that
includes a check of the Child Abuse Central Index (CACI)
administered by the Attorney General and the California
Department of Justice's California Criminal History System, and
can involve a check of criminal history records at the Federal
Bureau of Investigation. Child care providers listed on
TrustLine do not have either of the following: disqualifying
criminal convictions or substantiated reports of child abuse
found on CACI.
Applicants for the registry must complete a form, submit
fingerprints, and pay a one-time fee to DSS. Fees can vary, and
start at approximately $135. Parents are able to check if an
individual is listed on the registry by calling a toll-free
number. Employment agencies - agencies that place nannies and
babysitters with families - are required by state law to
register caregivers with TrustLine upon placement.
Additionally, license-exempt providers who provide child care to
families receiving subsidized child care must register with
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TrustLine, unless they are a grandparent, aunt, or uncle of the
child in care.
Child care job posting services: A number of Web sites exist
that allow parents and guardians to search for child care
providers. Some of these Web sites provide specific lists of
vetted care providers, while others allow providers to directly
publicize their availability to provide care. Additionally,
some sites are targeted specifically towards individuals seeking
care for a family member, while others feature a broader array
of service providers, such as house cleaners and plumbers.
A number of the larger, more well-known job-posting Web sites
offer care-seekers the ability to request background checks of
specific providers, for a fee, through a third party; in some
cases, care-seekers can choose among various "tiers" of
background checks. Additionally, some sites may allow care
providers to undergo a background examination and post the
results, while other sites require background checks under
certain circumstances in order for providers to publicize their
availability for work. It appears that a number of third-party
vendors are used by different job-posting sites to conduct
background checks.
Need for this bill: According to the author, "Online child care
job posting services provide or offer background checks for the
babysitters and nannies listing their services on their
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websites. However, it is difficult for child care consumers
using the job posting sites to determine what the background
check includes and does not include which can leave parents with
a false sense of security. This bill is another good step to
protecting our children and ensuring that child care consumers
are making the most informed and safest decisions about the
individual(s) they hire to care for their child(ren)."
PRIOR LEGISLATION
AB 589 (Lopez), 2015, was substantially similar to this bill.
It died in the Assembly Human Services Committee pursuant to
Article IV, Sec. 10(c) of the Constitution.
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Privacy and Consumer Protection Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Child Care Resource & Referral Network - sponsor
Child Care Alliance of Los Angeles
Child Care Resource Center
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Community Child Care Council (4Cs) of Alameda County
Community Child Care Council of Sonoma County
Northern Directors Group
Opposition
None on file.
Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089