BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2036


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          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        |
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          |             |Privacy and Consumer           |     |11 - 0       |
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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  








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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  








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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