BILL ANALYSIS                                                                                                                                                                                                    



                                                                    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