BILL NUMBER: SB 1199 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Costa
FEBRUARY 26, 1999
An act to amend Section 1596.66 of the Health and Safety Code, and
to amend Section 11165.7 of the Penal Code, relating to minors, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1199, as introduced, Costa. Child care providers.
Existing law provides that each license-exempt child care
provider, as defined, shall be registered as a trustline provider, as
defined, in order to receive compensation pursuant to certain state
and federal programs.
Existing law, however, exempts from this requirement, a provider
who is, by blood, marriage, or court decree, the grandparent, aunt,
or uncle of the child in care.
This bill would eliminate this exemption.
Because certain willful violations of trustline provisions are a
misdemeanor, the bill would create a new crime, thus constituting a
state-mandated local program.
Because moneys collected by the State Department of Social
Services to implement trustline requirements are continuously
appropriated to the department for implementation of those
provisions, and because the bill would expand the class of
individuals from whom fees would be collected in order to meet
trustline registration requirements, the bill would constitute an
appropriation.
Existing law, the Child Abuse and Neglect Reporting Act, requires
specified individuals, including child care custodians and health
practitioners, to report known or suspected instances of child abuse
to child protective agencies, except as provided. A violation of
this reporting requirement is a misdemeanor.
This bill would add to the definition of a child care custodian
certain child care providers exempt from licensure by the State
Department of Social Services.
Because the bill would create new crimes, the bill would
constitute a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1596.66 of the Health and Safety Code is
amended to read:
1596.66. (a) Each license-exempt child care provider, as defined
pursuant to Section 1596.60, who is compensated, in whole or in part,
with funds provided pursuant to the Alternative Payment Program,
Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 of
the Education Code or pursuant to the federal Child Care and
Development Block Grant Program, except a provider who is,
by marriage, blood, or court decree, the grandparent, aunt, or uncle
of the child in care, shall be registered pursuant to
Sections 1596.603 and 1596.605 in order to be eligible to receive
this compensation. Registration under this chapter shall be required
for providers who receive funds under Section 9858 and following of
Title 42 of the United States Code only to the extent permitted by
that law and the regulations adopted pursuant thereto. Registration
under this chapter shall be required for providers who receive funds
under the federal Child Care and Development Block Grant Program only
to the extent permitted by that program and the regulations adopted
pursuant thereto.
(b) For the purposes of registration of the providers identified
in subdivision (a), the following procedures shall apply:
(1) Notwithstanding subdivision (a) of Section 1596.603, the
provider shall submit the fingerprints and trustline application to
the local child care resource and referral agency established
pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of
Part 6 of the Education Code. The local child care resource and
referral agency shall transmit the fingerprints and completed
trustline applications to the department and address any local
problems that occur in the registration system. If a fee is charged
by the local child care resource and referral agency that takes a
provider's fingerprints, the provider shall be reimbursed for this
charge by the State Department of Education, through the local child
care resource and referral agency, from federal Child Care and
Development Block Grant funds to the extent that those funds are
available.
(2) The department shall adhere to the requirements of Sections
1596.603, 1596.605, 1596.606, and 1596.607 and shall notify the
California Child Care Resource and Referral Network of any action it
takes pursuant to Sections 1596.605, 1596.606, and 1596.607.
(3) The California Child Care Resource and Referral Network shall
notify the applicable local child care resource and referral
agencies, alternative payment programs, and county welfare
departments of the status of the trustline applicants and registered
trustline child care providers. The network shall maintain a
toll-free telephone line to provide information to the local resource
and referral agencies, the alternative payment programs, and the
child care recipients of the status of providers.
(c) This chapter shall become operative only if funds appropriated
for the purposes of this article from Item 6110-196-890 of Section 2
of the Budget Act of 1991 are incorporated into and approved as part
of the state plan that is required pursuant to Section 658(E)(a) of
the federal Child Care Block Grant Act of 1990 (Sec. 5082, P.L.
101-508).
SEC. 2. Section 11165.7 of the Penal Code is amended to read:
11165.7. (a) As used in this article, "child care custodian"
means a teacher; an instructional aide, a teacher's aide, or a
teacher's assistant employed by any public or private school, who
has been trained in the duties imposed by this article, if the school
district has so warranted to the State Department of Education; a
classified employee of any public school who has been trained in the
duties imposed by this article, if the school has so warranted to the
State Department of Education; an administrative officer, supervisor
of child welfare and attendance, or certificated pupil personnel
employee of any public or private school; an administrator of a
public or private day camp; an administrator or employee of a public
or private youth center, youth recreation program, or youth
organization; an administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children; a licensee, an administrator, or an employee of a licensed
community care or child day care facility; a child care provider
exempt from licensure pursuant to subdivisions (d) to (f),
inclusive, of Section 1596.792 of the Health and Safety Code; a
headstart teacher; a licensing worker or licensing evaluator; a
public assistance worker; an employee of a child care institution
including, but not limited to, foster parents, group home personnel,
and personnel of residential care facilities; a social worker,
probation officer, or parole officer; an employee of a school
district police or security department; any person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any public or private school; a district
attorney investigator, inspector, or family support officer unless
the investigator, inspector, or officer is working with an attorney
appointed pursuant to Section 317 of the Welfare and Institutions
Code to represent a minor; or a peace officer, as defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of this code,
who is not otherwise described in this section.
(b) Training in the duties imposed by this article shall include
training in child abuse identification and training in child abuse
reporting. As part of that training, school districts shall provide
to all employees being trained a written copy of the reporting
requirements and a written disclosure of the employees'
confidentiality rights.
(c) School districts which do not train the employees specified in
subdivision (a) in the duties of child care custodians under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(d) Volunteers of public or private organizations whose duties
require direct contact and supervision of children are encouraged to
obtain training in the identification and reporting of child abuse.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.