BILL ANALYSIS Ó AB 2036 Page 1 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 AB 2036 Page 2 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 AB 2036 Page 3 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: AB 2036 Page 4 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 AB 2036 Page 5 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 AB 2036 Page 6 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 AB 2036 Page 7 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 AB 2036 Page 8 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