BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 2036
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          |Author:   |Lopez                                                 |
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          |Version:  |May 27, 2016           |Hearing    | June 14, 2016   |
          |          |                       |Date:      |                 |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Taryn Smith                                           |
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            Subject:  Online child care job posting services:  background  
                    check service providers:  consumer education


            SUMMARY
          
          This bill requires an online child care job posting service to  
          post specified information related to background checks on its  
          Internet Web site and provides for an enforcement process to be  
          administered by the Attorney General. The bill requires fines to  
          be collected deposited in the Child Health and Safety Fund and  
          authorizes the funds to be available for, among other things,  
          education and training of child day care facility providers. The  
          bill would also authorize an individual damaged by willful  
          violation of these provisions to bring a civil cause of action  
          for damages, as provided.

            ABSTRACT
          
          Existing law:

             1)   Establishes the California Child Day Care Facilities Act  
               to provide for the licensure and regulation of child care  
               facilities, specifies types of facilities and providers  
               exempt from licensure requirements, and requires the  
               Community Care Licensing Division to regulate child care  
               licensees.  (HSC 1596.70 et seq.)


             2)   Directs the California Department of Social Services  







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               (CDSS) 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.  (Education Code 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)
































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          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 telephone number and website; 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  








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               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 recipient of the  
            notice of violation will 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 online child care job posting service or background  
            check service provider, permits the court to award equitable  








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            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.


            FISCAL IMPACT
          
          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.

            BACKGROUND AND DISCUSSION
          
          Purpose of the bill:

          According to the author, finding and obtaining child care  
          providers has changed in recent years. When parents begin their  
          child care search, many begin online and use the search terms  
          "babysitters" or "nannies" and online child care job posting  
          services make up the majority of websites that are provided by  
          search engines, per the author.    

          The author states that many of these companies advertise that  
          their providers have passed background checks which leads a  
          consumer to believe that they are making the most informed and  
          safest decisions about the individual(s) hired to care for their  
          child(ren).  However, according to the author, the background  
          checks are typically conducted by a third party background check  
          service.  The author states that these background check services  
          do not include the comprehensive fingerprint data and child  
          abuse report information included in California's TrustLine  
          check.  The author also states that it is difficult for child  
          care consumers using the job posting sites to determine what the  
          background check includes and what it does not include.

          This bill would require online companies that advertise child  
          care services provided by license-exempt child care providers  
          (such as babysitters and nannies) to post a statement about the  
          California TrustLine registry and, if the service provides  
          access to a background check, a written description of the  
          background check provided by the background check service  
          provider. The bill makes a background check service provider  








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          responsible for providing the online child care job posting  
          service with certain information and makes the Attorney General  
          responsible for enforcement, but allows an individual to bring  
          civil action if the company violates the law.

          Licensed and License Exempt Child Care Providers

          CDSS is responsible for licensing child care providers, which  
          fall into two general categories: commercial child care centers  
          and family child care homes. CDSS is responsible for  
          implementing and enforcing the laws and regulations that govern  
          licensed child care providers.  Such laws and regulations  
          include general health and safety requirements, staff-to-child  
          ratios, and training requirements. However, not all child care  
          providers are required to be licensed.  Examples of some  
          license-exempt child care providers are: 

                 Relatives of a child being cared for (i.e., parents,  
               adult siblings, aunts, uncles, first cousins,  
               step-relatives and grandparents) 
                 Any arrangement providing care for children of only one  
               family in addition to the operator's own children
                 Before-and-after school programs and extended day care  
               programs operated by public or private schools

          Background Checks

          All licensed child care providers are required to undergo a  
          criminal background check and screening.  Nannies and  
          babysitters are, in most cases, license-exempt providers. Some,  
          but not all, of license-exempt child care providers have  
          completed a criminal background screening and clearance process.  
          Employment 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 (via CalWORKs) must register with  
          TrustLine, unless they are a grandparent, aunt, or uncle of the  
          child in care.

          TrustLine

          TrustLine is a registry of license-exempt child care providers  
          who have cleared a criminal background check that includes a  








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          check of the Child Abuse Central Index (CACI) administered by  
          the Attorney General and the California Department of Justice's  
          (DOJ) California Criminal History System. It can involve a check  
          of criminal history records at the Federal Bureau of  
          Investigation (FBI).  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 TrustLine registry must complete a form,  
          submit fingerprints, and pay a one-time fee to CDSS.  Fees can  
          vary, and start at approximately $135.  Child care seekers can  
          check if an individual is listed on the registry by calling a  
          toll-free number.  There is not fee for a parent to check the  
          background of a potential child care provider via TrustLine.


          Child care job posting services 


          A number of Internet Web sites provide a referral services for  
          child care seekers to locate would-be child care providers.   
          Some sites provide lists of vetted care providers.  Others allow  
          potential child care providers to create their own profile and  
          directly publicize their availability to provide child care. 


          There is a wide range of background check services offered via  
          these websites.  A number of the larger, more well-known  
          job-posting sites offer the option of requesting background  
          checks of selected providers for a fee.  These background checks  
          are conducted by third party vendors, which do not have access  
          to the official databases maintained by DOJ or the FBI.  Some  
          sites offer a variety of screening levels or tiered background  
          checks.  Additionally, some sites post the results of background  
          checks, while other sites require background checks only under  
          certain circumstances in order for providers to publicize their  
          availability for work.  According to the sponsor, a number of  
          third-party vendors are used by different job-posting sites to  
          conduct these background checks.












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          Related legislation:

          AB 589 (Lopez, 2015) was similar to AB 2036.  AB 589 was held in  
          the Assembly Human Services Committee.  

            COMMENTS
          
          In order to add clarity to the bill, the Committee recommends  
          the following amendments: 

          WIC 18890.2.

           (a) (1) An online child care job posting service posting  
          information on an Internet Web site in California shall include  
          a description of, or link to, the following statements:
            (a) (1) An online child care job posting service that provides  
          online information about potential child care providers who are  
          not required to be licensed in California shall include the  
          following statement, which must be accessible no more than one  
          click away from the providers' profile.
          "  Trustline is California's official background check for  
          license-exempt child care providers (i.e. babysitters and  
          nannies) and the only authorized screening program in California  
          with access to fingerprint records at the California Department  
          of Justice and the Federal Bureau of Investigation and access to  
          the California Child Abuse Central Index. The Trustline registry  
          toll-free telephone number is 1-800-822-8490.  "   
           
           (2) An online child care job posting service that provides  
          online information about potential child care providers who are  
          required to be licensed in California shall include the  
          following statement, which must be accessible no more than one  
          click away from the providers' profile.   The Nonexempt family  
          child care homes and child care centers are required to be  
          licensed by the State of California.  "Pursuant to  Oliver's Law  
            Health and Safety Code section 1596.859,  parents have the right  
          to receive information regarding any substantiated or  
          inconclusive complaint about  any    licensed  child care provider  s  .  
          That information is public and can be acquired by visiting the  
           State   California  Department of Social Services' Internet Web  
          site at "www.ccld.ca.gov."

          (b) If the online child care job listing service provides access  








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          to a background check for the child care providers listed on its  
          Internet Web site, it shall provide, by means of a one-click  
          link on each California child care provider profile for which  
          background checks are offered, the written description of the  
          background check provided  as defined in (c)   to it by the  
          background check service provider  .

          (c) Background check service providers that  offer   provide   
          background checks  for   through the Internet Web sites in  
          California of  online child care job posting services in  
          California shall provide to the online child care job posting  
          services  include  a written description of the background checks  
           conducted   offered by the background check service provider  that  
          includes at a minimum:
          (1) A detailed description of what is included in the background  
          check.
          (2) A chart that lists each county in California and the  
          databases that are checked for each county, including the  
          following information for each database, as applicable:
          (A) The source of the data, the name of the database used, and a  
          brief description of the data included in the database.
          (B) The date range of the oldest data and the most recent data  
          included.
          (C) How often the information is updated.
          (D) How the databases are checked (by name, social security  
          number, fingerprints, etc.).
          (E) A list of the counties for which no data is available.


            PRIOR VOTES
          
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          |Assembly Floor:                                            |79 - |
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          |Assembly Appropriations Committee:                         |19 - |
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          |Assembly Human Services Committee:                         |6 -  |
          |                                                           |1    |
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            POSITIONS








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          Support:       

               California Child Care Resource and Referral Network  
          (sponsor)
               BANANAS 
               California Association for the Education of Young Children
               Child Care Alliance of Los Angeles
               Choices for Children
               Community Action Partnership
               Community Child Care Council (4Cs) of Alameda County
               Community Child Care Council of Sonoma County
               Contra Costa Child Care Council
               First 5 Association of California
               Northern Director's Group
               Options for Learning
               Solano Family & Children's Services 
               UDW/AFSCME Local 3930


          Oppose:   
                      None

                                      -- END --