BILL ANALYSIS Ó
AB 2036
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CONCURRENCE IN SENATE AMENDMENTS
AB
2036 (Lopez)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: |79-0 |(May 31, 2016) |SENATE: |39-0 |(August 23, |
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Original Committee Reference: HUM. S.
SUMMARY: Requires an online child care job posting service to
post specified information related to background checks on its
Internet Web site and authorizes the Attorney General, a city
attorney, or a county counsel to bring an action to impose a
civil penalty on an online child care job posting service or
background check service provider after certain steps are taken,
as specified.
The Senate amendments:
1)Clarify that 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 post on its Internet Web site specified information on
Trustline, accessible no more than one click away from the
provider's profile.
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2)Clarify that 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
post specified information about parents' right to receive
information regarding any substantiated or inconclusive
complaint about licensed child care providers, as specified,
accessible no more than one click away from the provider's
profile.
3)Clarify that the requirement that an online child care job
posting service provide a written description of background
checks applies only to those posting services that provide a
background check for the child care providers listed on the
service's Internet Web site in California.
4)State that an online child care job posting service or
background check service provider that fails to comply with
the requirements of this bill may be liable for a civil
penalty of $1,000 for each offense.
5)Delete specific complaint responsibilities and requirements,
and associated processes involving first and subsequent
violations, for the Attorney General and instead permit the
Attorney General, a city attorney, or a county counsel to
bring an action to impose a civil penalty on an online child
care job posting service or background check service provider
after having done all of the following:
a) Provided the service provider with reasonable notice of
noncompliance stating that it will be subject to a civil
penalty if the violation is not corrected within 30 days
from the date the notice is sent, as specified; and
b) Verified that the violation was not corrected within
that 30-day period.
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6)Delete the requirement that any fines imposed and collected
pursuant to this bill be deposited into the Child Health and
Safety Fund, as specified, and instead require that the civil
penalty be treated as follows: deposited into the General
Fund if the action is brought by the Attorney General; paid to
the treasurer of the city in which the judgment is entered if
the action is brought by a city attorney; and paid to the
treasurer of the county in which the judgment is entered if
the action is brought by a county counsel.
7)Make technical changes.
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
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.)
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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 Senate Appropriations Committee
on August 11, 2016, this bill may result in the following:
1)Unknown, but potentially significant cost pressures to the
Department of Justice (DOJ) for bringing an action to impose
civil penalties for violations. To the extent that the
Attorney General brings an action on all violations this cost
would be significant. Costs to DOJ could be lower and
potentially absorbable depending on the distribution of
responsibility for imposing penalties between the Attorney
General, city attorneys, and county counsels. (General Fund)
2)Potential revenue from assessing civil penalties for
violations. (General Fund)
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
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.
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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
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
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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 2015-16, was similar to this bill. It died in
the Assembly Human Services Committee pursuant to the California
Constitution, Article IV, Section 10(c).
Analysis Prepared by:
Daphne Hunt / HUM. S. / (916) 319-2089 FN:
0004424
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