BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2036 (Lopez) - Online child care job posting services:
background check service providers: enforcement
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|Version: June 16, 2016 |Policy Vote: HUMAN S. 4 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Debra Cooper |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2036 would require an online child care job posting
service to post a specified statement related to background
checks and a specified statement about a parent's right to
specified complaint information on its Internet Web site. This
bill would also require a fine to be imposed and collected for
violations of these requirements, and for the fine to be
deposited in the Child Health and Safety Fund and upon
appropriation, be available for education and training of child
day care facility providers.
Fiscal
Impact:
Significant costs to the Department of Justice (DOJ) of
$357,000 in fiscal year 2016-17 and ongoing costs of $606,000
per year. Assuming 2,000 complaints per year, costs include
reviewing online child care job posting services and
background check providers, identifying violations, providing
AB 2036 (Lopez) Page 1 of
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written notices for violations, and imposing fines for repeat
violations. (GF)
Potential revenue to DSS from assessing fines for violations.
(Child Health and Safety Fund)
Background: TrustLine is a statewide registry of in-home child care
providers who have cleared a criminal background check, which
includes a check of records from DOJ and FBI databases.
TrustLine screens out individuals who have been convicted of
disqualifying criminal convictions or substantiated child abuse
reports found on the Child Abuse Central Index. Child care
seekers can contact the TrustLine toll-free number to check if a
caregiver is listed on the registry.
A number of Internet Web sites provide referral services for
child care seekers to locate child care providers. Many of these
websites offer the option of requesting background checks of
selected providers. These background checks are conducted by
third party vendors who don't have access to DOJ or FBI
databases.
Proposed Law:
This bill would:
Define "online child care job posting service" and
"background check services provider."
Require 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
to post on its website a specified statement about
"TrustLine," California's official background check for
license-exempt child care providers.
Require an online child care job posting service that
provides online information about potential child care
providers who are required to be licensed in California to
post on its website a specified statement about parents'
right to receive information regarding complaints about any
child care provider.
Require an online child care job posting service that
provides access to a background check for the child care
AB 2036 (Lopez) Page 2 of
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providers it lists to provide a written description of the
background check, and require the background check service
provider to provide a written description of the background
checks offered.
Require the Attorney General (AG), upon receiving a
complaint, to review the online child care job posting
service or background check service provider named in the
complaint, and if a violation was identified, to provide a
written notice of the violation, as specified.
Require an online child care job posting service or
background check service provider that has received a
written notice of violation to correct the violation or
request a hearing on the matter within 30 days.
Require the AG to impose a fine of $1,000 per violation
for second and subsequent violations, as specified.
Require collected fines to be deposited into the Child
Health and Safety Fund and be made available, upon
appropriation by the Legislature, for among other things,
education and training of child day care facility providers
to bring a civil cause of action for damages, as provided.
Authorize an individual damaged by a willful violation
of these provisions to bring a civil cause of action
against an online child care job posting service or
background check service provider, as specified.
Related
Legislation: AB 589 (Lopez, 2015) would have established
provisions similar to AB 2036, assigning enforcement
responsibilities to the Department of Social Services, instead
of the AG. This bill was held in the Assembly Human Services
Committee.
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