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
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|Policy |Human Services |Vote:|6 - 1 |
|Committee: | | | |
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| |Privacy and Consumer | |11 - 0 |
| |Protection | | |
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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
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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
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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.
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Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081