BILL ANALYSIS Ó AB 2036 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2036 (Lopez) - As Amended April 25, 2016 ----------------------------------------------------------------- |Policy |Human Services |Vote:|6 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Privacy and Consumer | |11 - 0 | | |Protection | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires online companies that advertise child care services provided by license-exempt child care providers (such as babysitters and nannies) to post a statement about California's TrustLine background check registry and, if the service provides access to a background check, a written description of the background check provided to it by the background check service provider. The bill makes a background AB 2036 Page 2 check service provider responsible for providing the online service with detailed information about what is included and not included in their background checks. Finally, the bill makes the Attorney General (AG) responsible for enforcement and also allows, as an enforcement mechanism, an individual to bring civil action if a service or background check provider willfully violates the bill. FISCAL EFFECT: Potential ongoing costs of approximately $100,000 (GF) to the Department of Justice (DOJ), assuming 2,000 complaints per year at a cost of $50 per case to review the complaint and provide written notice of violation if necessary. COMMENTS: 1)Purpose. This bill is intended to help protect children from child abuse by educating parents through disclosures on online services about the TrustLine statewide registry of babysitters and nannies who have gone through a comprehensive background check in order to be listed in the registry. This measure is sponsored by the California Child Care Resource & Referral Network. According to the author's office, "Online child care job posting services provide or offer background checks for the babysitters and nannies listing their services on their 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 AB 2036 Page 3 about the individuals they hire to care for their children." 2)Background. The Legislature created TrustLine in 1987 as a statewide registry of in-home child care providers who have passed a background screening. All caregivers listed with TrustLine have been cleared through a fingerprint check of records at the DOJ and have no disqualifying criminal convictions or substantiated child abuse reports in California. According to TrustLine's website (www.trustline.org), it is the only child care registry in California with access to the most up-to-date and detailed databases at DOJ and the FBI. DSS and DOJ assist in managing and distributing the information. TrustLine screens out individuals who have been convicted of murder, manslaughter, child molestation, assault with a deadly weapon, willful child cruelty and several other crimes. All child care employment agencies are required by law to register their caregivers with TrustLine when the caregiver is placed in a home. Parents can contact TrustLine by toll-free number to make sure the employment agency has registered their caregiver with TrustLine. Child care providers who want to be listed on TrustLine must send an application and a set of fingerprints to the DSS. If there are no disqualifying California or FBI criminal convictions of substantiated child abuse reports, the provider's name is added to the registry. 3)Prior Legislation. Last year, AB 589 (Lopez, 2015), a bill similar to this one, was held in the Assembly Human Services Committee. According to the author, stakeholder meetings were held during the interim and a compromise was reached that involved recasting the disclosures required in the bill and shifting enforcement responsibility for the bill from DSS to the AG; as a result, this bill has no opposition. AB 2036 Page 4 Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081