BILL ANALYSIS Ó
AB 2036
Page 1
ASSEMBLY THIRD READING
AB
2036 (Lopez)
As Amended April 25, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Human Services |6-1 |Bonilla, Calderon, |Grove |
| | |Lopez, Maienschein, | |
| | |Mark Stone, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Privacy |11-0 |Chau, Wilk, Baker, | |
| | |Calderon, Chang, | |
| | |Cooper, Dababneh, | |
| | |Gatto, Gordon, Low, | |
| | |Olsen | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |19-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Patterson, Daly, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Quirk, | |
AB 2036
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| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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
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.
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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
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.
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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 online child care job posting service or background
check service provider, 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:
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. (Health and Safety Code (HSC) Section 1596.70 et
seq.)
2)Directs the Department of Social Services (DSS) to establish
and continuously update a TrustLine registry containing
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information on license-exempt child care providers who have
submitted TrustLine background-check information and who have
undergone the specified background check. (HSC Section
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. (Education Code (EC) Section 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.
(Welfare and Institutions Code (WIC) Section 18285)
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill may result in potential ongoing costs of
approximately $100,000 (General Fund) to the Department of
Justice, 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:
License-exempt child care providers: The California Child Day
Care Facilities Act governs the licensure and operation of child
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
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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
TrustLine, unless they are a grandparent, aunt, or uncle of the
child in care.
Child care job posting services: A number of Internet Web sites
exist that allow parents and guardians to search for child care
providers. Some of these Internet 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
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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
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) of 2015, was substantially similar to this bill.
It died in the Assembly Human Services Committee pursuant to
California Constitution, Article IV, Section 10(c).
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Analysis Prepared by:
Daphne Hunt / HUM. S. / (916) 319-2089 FN:
0003008