BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 222|
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THIRD READING
Bill No: AB 222
Author: Adams (R), et al
Amended: 8/20/10 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Child care
SOURCE : Author
DIGEST : This bill allows persons under 18 years of age
to be employees of ancillary day care centers without being
registered for trustline (one must be an adult to have a
criminal records clearance), and it allows employees whose
clearance is pending to continue to work until the
Department of Social Services denies their trustline
application and any right to appeal has been exhausted or
expired. This bill also sets the fee for each application
at $35, allowing annual adjustments.
Senate Floor Amendments of 8/20/10 delete the prior version
of the bill dealing with solid waste. This bill now deals
with child care in order to address two unintended
consequences of 2009 legislation which requires all staff
at ancillary day care centers to have a criminal records
clearance by January 1, 2011.
ANALYSIS :
CONTINUED
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Existing law:
1. Requires the Department of Social Services (DSS) to
establish a trustline registry for trustline providers
who met meet prescribed requirements.
2. Defines a trustline provider as a person 18 years of age
or older who provides child care, supervision, or any
person providing in-home educational or counseling
services to a minor, and who is not required to be
licensed as a child day care provider.
3. Commencing January 1, 2011, provides that a person who
provides care or supervision in an ancillary day care
center, as defined, shall be registered as a trustline
provider, and specifically defines a trustline provider
as also meaning a person who provides child care or
child care supervision in an ancillary day care center,
other than the parent or guardian of the child receiving
the care.
4. Authorizes DSS to charge a fee to trustline applicants,
as specified. Under existing law, moneys collected by
the department to implement the trustline provisions are
continuously appropriated to the department without
regard to fiscal year for expenditure to implement the
trustline provisions.
5. Requires DSS to charge a fee to each trustline applicant
who provides care in an ancillary day care center equal
to the total amount required by the department to
process applications and maintain the trustline registry
for these providers.
This bill:
1. Requires that, commencing January 1, 2011, a person 18
years of age or older who provides child care or child
care supervision in an ancillary day care center, be
registered as a trustline provider.
2. Provides that nothing in the trustline provider
provisions shall be construed to prevent a person under
18 years of age from being employed in an ancillary day
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care center.
3. Specifies that a person is ineligible for employment in
a position providing child care or child care
supervision in an ancillary day care center if that
person is denied trustline registration or has his/her
trustline registration revoked, as prescribed.
4. Permits an employee or prospective employee in an
ancillary day care center to work in a position
providing child care or child care supervision pending
DSS's review of his/her trustline application.
5. Requires DSS, in addition to the fee charged to
trustline applicants, to charge a trustline applicant
who provides child care or child care supervision in an
ancillary day care center the amount of $35, that may be
adjusted annually as prescribed, to cover DSS's costs to
process applications and maintain the trustline registry
for these providers.
Comments
SB 702 (DeSaulnier), Chapter 199, Statutes of 2009,
requires that by January 1, 2011, all employees of
ancillary day care centers, as defined, shall have a
criminal records clearance and be registered in the
trustline program. AB 222, as amended, allows persons
under 18 years of age to be employees of ancillary day care
centers without being registered for trustline (one must be
an adult to have a criminal records clearance), and it
allows employees whose clearance is pending to continue to
work until DSS denies their trustline application and any
right to appeal has been exhausted or expired. This bill
also sets the fee for each application at $35, allowing
annual adjustments.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
CTW:mw 8/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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