Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.

Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.

Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.

This bill would require an online child care job posting service providing online information about nonlicensed potential child care providers to include a specified statement regarding the trustline registry on its Internet Web site in California. The bill would also require an online child care job posting service providing online information about licensed potential child care providers to include a statement regarding a parents right to specified complaint information on its Internet Web site in California. If an online child care job posting service provides access to a background check, the bill would require the service to include, on its Internet Web site in California, a written description of the background check provided by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would authorize an online child care job posting service or background check service provider to be liable for a civil penalty for failing to comply with these requirements and would authorize the Attorney General, a city attorney, or a county counsel to bring such an action if certain requirements are met. 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.

Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.

Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.

Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.

This bill would require an online child care job posting service providing online information about nonlicensed potential child care providers to include a specified statement regarding the trustline registry on its Internet Web site in California. The bill would also require an online child care job posting service providing online information about licensed potential child care providers to include a statement regarding a parents right to specified complaint information on its Internet Web site in California. If an online child care job posting service provides access to a background check, the bill would require the service to include, on its Internet Web site in California, a written description of the background check provided by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would authorize an online child care job posting service or background check service provider to be liable for a civil penalty for failing to comply with these requirements and would authorize the Attorney General, a city attorney, or a county counsel to bring such an action if certain requirements are met. 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.

Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.

Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.

Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.

This bill would require an online child care job posting service providing online information about nonlicensed potential child care providers to include a specified statement regarding the trustline registry on its Internet Web site in California. The bill would also require an online child care job posting service providing online information about licensed potential child care providers to include a specified statement regarding a parents right to specified complaint information on its Internet Web site. site in California. If an online child care job posting service provides access to a background check, the bill would require the service to include, on its Internet Web site, site in California, a written description of the background check provided by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would make the Attorney General responsible for the enforcement of these provisions, as specified. The bill would impose a fine of $1,000 per violation for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would require fines to be deposited in the Child Health and Safety Fund and would authorize these fines to be available, upon appropriation, for, among other things, education and training of child day care facility providers. The bill would authorize an online child care job posting service or background check service provider to be liable for a civil penalty for failing to comply with these requirements and would authorize the Attorney General, a city attorney, or a county counsel to bring such an action if certain requirements are met. 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.

Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.

Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.

Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.

This bill would require an online child care job posting service posting information on an Internet Web site in California to include, among other things, a statement about the trustline registry and, if the service provides access to a background check, a written description of the background check provided to it by the background check service provider. providing online information about nonlicensed potential child care providers to include a specified statement regarding the trustline registry on its Internet Web site in California. The bill would also require an online child care job posting service providing online information about licensed potential child care providers to include a specified statement regarding a parents right to specified complaint information on its Internet Web site. If an online child care job posting service provides access to a background check, the bill would require the service to include, on its Internet Web site, a written description of the background check provided by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would make the Attorney General responsible for the enforcement of these provisions, as specified. The bill would impose a fine of $1,000 per violation for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would require fines to be deposited in the Child Health and Safety Fund and would authorize these fines to be available, upon appropriation, 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.

Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.

Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.

Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.

This bill would require an online child care job posting service posting information on an Internet Web site in California to include, among other things, a statement about the trustline registry and, if the service provides access to a background check, a written description of the background check provided to it by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would make the Attorney General responsible for the enforcement of these provisions, as specified. The bill would impose a fine of $1,000 per violation for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would require fines to be deposited in the Child Health and Safety Fund and would authorize these fines to be available, upon appropriation, 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.

Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.

Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.

Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.

This bill would require an online child care job posting service posting information on an Internet Web site in California to include, among other things, a statement about the trustline registry and, if the service provides access to a background check, a written description of the background check provided to it by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would make the Attorney General responsible for the enforcement of these provisions, as specified. The bill would impose a fine of $1,000 per violation for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would require fines to be deposited in the Child Health and Safety Fund and would authorize these fines to be available, upon appropriation, 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.

Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.

Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.

Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.

This bill would require an online child care job posting service posting information on an Internet Web site in California to include, among other things, a statement about the trustline registry and, if the service provides access to a background check, a written description of the background check provided to it by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting sevice service with certain information. The bill would make the Attorney General responsible for the enforcement of these provisions, as specified. The bill would impose a fine of $1,000 per violation for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would require fines to be deposited in the Child Health and Safety Fund and would authorize these fines to be available, upon appropriation, for, among other things, education, 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.

Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license.

Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues.

Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers.

This bill would require an online child care job posting service posting information on an Internet Web site in California to include, among other things, a statement about the trustline registry and, if the service provides access to a background check, a written description of the background check provided to it by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting sevice with certain information. The bill would make the Attorney General responsible for the enforcement of these provisions, as specified. The bill would impose a fine of $1,000 per violation for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would require fines to be deposited in the Child Health and Safety Fund and would authorize these fines to be available, upon appropriation, 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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2036

Author:(Lopez)

As Amended Ver:August 15, 2016

Majority vote

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.
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:
   1. 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
   2. Verified that the violation was not corrected within that 30-day period.
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.)
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.

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 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

 THIRD READING 

Bill No: AB 2036

Author: Lopez (D)

Amended: 8/15/16 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/14/16

AYES: McGuire, Hancock, Liu, Nguyen

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 79-0, 5/31/16 - See last page for vote

SUBJECT: Online child care job posting services: background check service providers: enforcement

SOURCE: California Child Care Resource & Referral Network

DIGEST:

This bill requires an online child care job posting service to post specified statements related to background checks and a parent’s right to complaint information on its Internet Web site. This bill also authorizes a civil penalty to be imposed and collected for violations of these requirements.

ANALYSIS:

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 (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)

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 that provides online information about potential child care providers who are not required to be licensed in California to include a statement on its Internet Web site in California about California’s official background check for license-exempt child care providers, as specified.
4. Requires online child care job posting services that provide online information in California about licensed child care providers to also provide instruction on how to obtain information regarding any substantiated or inconclusive complaint about licensed child care providers, as specified.
5. 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:
   1. A detailed description of what is included in the background check, and
   2. 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.
6. Establishes that an online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of $1,000 for each offense.
7. Authorizes the Attorney General, a city attorney, or a county counsel to bring an action to impose a civil penalty after doing both of the following:
   1. Providing the online job posting service or background check service provider with reasonable notice of noncompliance, as specified.
   2. Verifying that the violation was not corrected within the timeframe as required in the notice of noncompliance.
8. Requires the civil penalty to be deposited into the General Fund, if the action is brought by the Attorney General.
9. Requires the civil penalty to be deposited into the treasurer of the city in which the judgment is entered, if the action is brought by a city attorney.
10. Requires the civil penalty to be paid to the treasurer of the county in which the judgment is entered, if the action is brought by county counsel.
11. 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 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.

Background

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 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.

Prior Legislation

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

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to an analysis prepared by the Senate Appropriations Committee, this bill could have the following fiscal effect:

• Unknown, but potentially significant cost pressures to the 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 AG, city attorneys, and county counsels.
• Potential revenue from assessing civil penalties for violations.

SUPPORT: (Verified 8/12/16)

California Child Care Resource & Referral Network (source)

BANANAS

California Association for the Education of Young Children

Child Care Alliance of Los Angeles

Choices for Children

Community Action Partnership of San Luis Obispo County

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

OPPOSITION: (Verified 8/12/16)

California Department of Finance

ARGUMENTS IN SUPPORT: According to the author, the process of 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 consumers using the job posting sites to determine what the background check includes and what it does not include.

This bill requires online companies that advertise child care services to post a statement about the California TrustLine registry and CDSS, as specified. It also requires a written description of the background check provided by background check service provider. The bill makes a background check service provider responsible for providing the online child care job posting service with certain information and provides the Attorney General, city attorneys and county counsel with enforcement authority, but also allows an individual to bring civil action if the company violates the law.

ARGUMENTS IN OPPOSITION: The Department of Finance writes that it is opposed to this bill “because it would result in General Fund costs that are not included in the 2016 Budget Act.” Specifically, Finance writes that DOJ estimates the need for four ongoing positions and $357,000 General Fund in 2016-17 and $606,000 (GF) ongoing in order to implement the provisions of this bill.

ASSEMBLY FLOOR: 79-0, 5/31/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Obernolte

Prepared by:

8/16/16 9:10:38

**** END ****

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

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 11, 2016

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 authorize a civil penalty to be imposed and collected for violations of these requirements.

Fiscal Impact:

• 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 (AG) 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 AG, city attorneys, and county counsels. (GF)
• Potential revenue from assessing civil penalties for violations. (GF)

Author Amendments:

• Strikes language requiring the AG, upon receiving a complaint, to review the online child care job posting service or background check service provider named in the complaint, to provide a written notice of the violation, if a violation was identified, and to impose a fine of $1,000 per violation for second and subsequent violations.
• Authorizes the AG, city attorney, or a county counsel to bring an action to impose a civil penalty for violations after providing the online job posting service or background check service provider with reasonable notice of compliance and verifying that the violation was not corrected within 30 days.
• Requires that civil penalties brought by the AG be deposited in the General Fund, civil penalties brought by the city attorney be paid to the treasurer of the respective city, and civil penalties brought by a county counsel be paid to the treasurer of the respective county.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2036 (Lopez) - Online child care job posting services: background check service providers: enforcement

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 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 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.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator McGuire, Chair

2015 - 2016 Regular

Bill No: AB 2036

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 (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)

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:
4. TrustLine information, as specified, and the TrustLine registry toll-free telephone number and website; and
5. 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.
6. 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.
7. 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:
   1. A detailed description of what is included in the background check; and
   2. 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.
8. 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.
9. 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.
10. Requires the Attorney General to adopt regulations, consistent with due process, governing the notice, hearing, and submission of evidence.
11. Requires the Attorney General to impose a fine of $1,000 per violation for second and subsequent violations, as specified.
12. 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.
13. 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 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 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 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.

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 providers. 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 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

POSITIONS

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 --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2036

Author:(Lopez)

As Amended Ver:May 27, 2016

Majority vote

SUMMARY: Requires an online child care job posting service to post specified information related to background checks on its Internet Web site and provides for a related complaint process to be overseen by the Attorney General. Specifically, 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:
4. TrustLine information, as specified, and the TrustLine registry toll-free phone number; and
5. 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.
6. 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.
7. 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:
   1. A detailed description of what is included in the background check; and
   2. 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.
8. 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.
9. 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 provider 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.
10. Requires the Attorney General to adopt regulations, consistent with due process, governing the notice, hearing, and submission of evidence.
11. Requires the Attorney General to impose a fine of $1,000 per violation for second and subsequent violations, as specified.
12. 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.
13. 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 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.

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.)
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 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.

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.

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 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, was substantially similar to this bill. It died in the Assembly Human Services Committee pursuant to California Constitution, Article IV, Section 10(c).

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0003063

ASSEMBLY THIRD READING

ATR Bill Id:AB 2036

Author:(Lopez)

As Amended Ver:

Majority vote

SUMMARY: Requires an online child care job posting service to post specified information related to background checks on its Internet Web site and provides for a related complaint process to be overseen by the Attorney General. Specifically, 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:
4. TrustLine information, as specified, and the TrustLine registry toll-free phone number; and
5. 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.
6. 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.
7. 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:
   1. A detailed description of what is included in the background check; and
   2. 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.
8. 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.
9. 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 provider 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.
10. Requires the Attorney General to adopt regulations, consistent with due process, governing the notice, hearing, and submission of evidence.
11. Requires the Attorney General to impose a fine of $1,000 per violation for second and subsequent violations, as specified.
12. 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.
13. 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 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.

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.)
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 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.

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.

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 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, was substantially similar to this bill. It died in the Assembly Human Services Committee pursuant to California Constitution, Article IV, Section 10(c).

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0003008

Date of Hearing: May 18, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2036

Author:(Lopez) – As Amended Ver:April 25, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires online companies that advertise child care services provided by license-exempt child care providers (such as babysitters and nannies) to post a statement about California’s TrustLine background check registry and, if the service provides access to a background check, a written description of the background check provided to it by the background check service provider. The bill makes a background check service provider responsible for providing the online service with detailed information about what is included and not included in their background checks. Finally, the bill makes the Attorney General (AG) responsible for enforcement and also allows, as an enforcement mechanism, an individual to bring civil action if a service or background check provider willfully violates the bill.

FISCAL EFFECT:

Potential ongoing costs of approximately $100,000 (GF) to the Department of Justice (DOJ), 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.

COMMENTS:

1. Purpose. This bill is intended to help protect children from child abuse by educating parents through disclosures on online services about the TrustLine statewide registry of babysitters and nannies who have gone through a comprehensive background check in order to be listed in the registry. This measure is sponsored by the California Child Care Resource & Referral Network.

According to the author's office, “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 individuals they hire to care for their children.”

1. Background. The Legislature created TrustLine in 1987 as a statewide registry of in-home child care providers who have passed a background screening. All caregivers listed with TrustLine have been cleared through a fingerprint check of records at the DOJ and have no disqualifying criminal convictions or substantiated child abuse reports in California. According to TrustLine’s website (www.trustline.org), it is the only child care registry in California with access to the most up-to-date and detailed databases at DOJ and the FBI. DSS and DOJ assist in managing and distributing the information.

TrustLine screens out individuals who have been convicted of murder, manslaughter, child molestation, assault with a deadly weapon, willful child cruelty and several other crimes. All child care employment agencies are required by law to register their caregivers with TrustLine when the caregiver is placed in a home. Parents can contact TrustLine by toll-free number to make sure the employment agency has registered their caregiver with TrustLine. Child care providers who want to be listed on TrustLine must send an application and a set of fingerprints to the DSS. If there are no disqualifying California or FBI criminal convictions of substantiated child abuse reports, the provider’s name is added to the registry.

1. Prior Legislation. Last year, AB 589 (Lopez, 2015), a bill similar to this one, was held in the Assembly Human Services Committee. According to the author, stakeholder meetings were held during the interim and a compromise was reached that involved recasting the disclosures required in the bill and shifting enforcement responsibility for the bill from DSS to the AG; as a result, this bill has no opposition.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 19, 2016

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Ed Chau, Chair

ABPCA Bill Id:AB 2036 (

Author:Lopez) – As Amended Ver:April 6, 2016

SUBJECT: Online child care job posting services: background check service providers: consumer education

SUMMARY: Requires an online child care job posting service to post information on its website about the state’s “Trustline” background check registry and to describe what is included in any background check service offered via the website; requires a background check service provider to provide certain information to online child care job posting services; and makes the Attorney General (AG) responsible for enforcement. Specifically, this bill:

1. Requires an online child care job posting service (online service) to include specific disclosures on its website in California, including:
   1. A description of the Department of Social Services’ (DSS) Trustline registry (TrustLine), as specified, along with the TrustLine toll-free phone number and website link;
   2. A disclosure that nonexempt family child care homes and care centers are required to be licensed by the state and that, pursuant to “Oliver’s Law,” parents can get information about any substantiated or inconclusive complaint about any provider by visiting the DSS website (along with the DSS website address); and
   3. If the service provides access to a background check for the child care providers on its website, then it must provide a “one-click” link on each California child care provider’s profile to a written description of the background check provided.
2. Requires a background check service provider that offers background checks through a service to provide the service a written description of the background checks offered, which includes:
   1. A detailed description of what is included in the background check; and
   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:
      1. The source of the data, the name of the database used, and a brief description of the data included in the database;
      2. The date range of the oldest data and the most recent data included;
      3. How often the information is updated;
      4. How the databases are checked (by name, social security number, fingerprints, etc.); and,
      5. A list of the counties for which no data is available.
3. Requires that when the AG receives a complaint, the AG must review the service or background check provider and if the AG determines that the service or provider is in violation of these provisions or any regulations adopted thereunder, then the AG must serve a written notice of violation that includes the details of the violation, the opportunity for a fair hearing on the matter, and the potential fine;
4. Requires the AG to adopt regulations that provide for a fair hearing process of alleged violations, including:
   1. A 30-day period following a notice of violation in which to correct the violation or request a hearing.
   2. Allowing a service or background check provider to submit evidence of compliance directly to the AG.
   3. Allowing evidence of compliance to include printouts, website links, screen shots, or other means acceptable to the AG.
   4. A notice, hearing, and evidentiary process consistent with due process.
5. Imposes a fine of $1,000 per violation upon the second or subsequent violation of the above provisions following an opportunity for a fair hearing on the matter.
   
6. Requires any fines collected to be deposited in the state’s Child Health and Safety Fund.
7. Allows an individual damaged by a willful violation of these provisions to bring a civil cause of action for damages, including but not limited to general damages, special damages, and punitive damages, and permits a court to award equitable relief including injunction costs and any other relief the court deems proper.
8. Defines “online child care job posting service” as any person or business that provides or offers to provide child care providers.
9. Defines “background check providers” as any person or business that provides or offers to provide background check services.
10. Provides that the rights and remedies under the bill are cumulative to other rights and remedies provided by law.

EXISTING LAW:

1. Requires child day care facilities to be licensed with the state. (Health and Safety Code (HSC) Section 1596.70)
2. Requires DSS to establish a registry of child care providers who have undergone criminal background checks. (HSC 1596.60)
3. Pursuant to Oliver’s Law, requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues. (HSC 1596.859)
4. Establishes in the State Treasury the Child Health and Safety Fund. (HSC 18285)
   

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of this bill. This bill is intended to help protect children from child abuse by educating parents through disclosures on online services about the TrustLine statewide registry of babysitters and nannies who have gone through a comprehensive background check in order to be listed in the registry. This measure is sponsored by the California Child Care Resource & Referral Network.
2. Author’s statement. According to the author's office, “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 individuals they hire to care for their children.”
3. What is TrustLine? The Legislature created TrustLine in 1987 as a statewide registry of in-home child care providers who have passed a background screening. All caregivers listed with TrustLine have been cleared through a fingerprint check of records at the California Department of Justice (DOJ) and have no disqualifying criminal convictions or substantiated child abuse reports in California. According to TrustLine’s website (www.trustline.org), it is the only child care registry in California with access to the most up-to-date and detailed databases at DOJ and the FBI. DSS and DOJ assist in managing and distributing the information.

TrustLine screens out individuals who have been convicted of murder, manslaughter, child molestation, assault with a deadly weapon, willful child cruelty and several other crimes. All child care employment agencies are required by law to register their caregivers with TrustLine when the caregiver is placed in a home. Parents can contact TrustLine by toll-free number to make sure the employment agency has registered their caregiver with TrustLine. Child care providers who want to be listed on TrustLine must send an application and a set of fingerprints to the DSS. If there are no disqualifying California or FBI criminal convictions of substantiated child abuse reports, the provider’s name is added to the registry.

1. What problem does this bill seek to fix? In recent years, how parents find child care providers has changed. When parents begin their child care search, many begin online and use the search terms “babysitters” or “nannies,” and onlineservices make up the majority of websites that are prioritized by search engines.

The author contends that while many of these companies advertise that their providers have passed background checks, the background checks offered may be inferior to the comprehensive background check conducted on nannies and babysitters who are included on California’s TrustLine. In addition, the author contends that it is difficult for child care consumers using the job posting sites to determine what is included and not included in the background checks that are conducted through the private websites.

As an example of the importance of thorough background checks, in February 2016, a 20-year old caretaker was arrested after a hidden nanny camera caught the woman suffocating a 13-month-old boy when he wouldn’t stop crying. The baby’s mother hired the woman through Care.com, a popular babysitting website that would be regulated under this bill. In a separate incident, a Fontana nanny was arrested for being caught on a hidden camera abusing two one-year-old twins. The mother of the twins stated that the nanny had a clean background according to the Care.com website. While it is unclear whether a TrustLine background check would have turned up a criminal record in this case, the author contends the TrustLine background check is more comprehensive than the checks conducted through Care.com and other private sector background check services.

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 California’s TrustLine and, if the service provides access to a background check, a written description of the background check provided to it by the background check service provider. The bill would make a background check service provider responsible for providing the online service with detailed information about what is included and not included in their background checks. Finally, the bill would make the AG responsible for enforcement and would also allow, as an enforcement mechanism, an individual to bring civil action if a service or background check provider willfully violates the bill.

The author contends this bill is needed to ensure that child care consumers are able to make the most informed and safest decisions possible about the individuals they hire to care for their children.

1. Compromise reached on 2015 legislation. Last year the Legislature considered but did not pass AB 589 Lopez, a bill similar to this one. According to the author, stakeholder meetings were held during the interim and a compromise was reached that involved recasting the disclosures required in the bill and shifting enforcement responsibility for the bill from DSS to the AG. As a result this bill has no opposition.
2. Arguments in support. According to the Northern Director’s Group, a coalition of Northern California Alternative Payment and child care resource & referral programs, “Over the past years, as technology has advanced and the use of the internet has increased, new and varied services have been developed to address the needs of families in their child care search. Despite the information and technology age, most parents who utilize these on-line services fail to realize that there are background checks available that can help ensure that their caregiver doesn’t have a criminal history that might impact their selection of provider. AB2036 (Lopez) will require that on-line entities post a notification regarding the TrustLine process and provide another valuable piece of information for families seeking child care.”
3. Prior Legislation. AB 589 (Lopez) of 2015 would have required online services to post information on its website about the state’s TrustLine child care provider background check program and would have required services that offer background checks for child care providers to provide information about what is included and what is not included in the background check. AB 589 died in the Assembly Human Services committee.
4. Technical amendment. The following technical amendment is needed to correct a Legislative Counsel drafting error:

On page 5, line 10, strike “owner” and insert:

“online child care job posting service or background check service provider”

1. Double-referral. This bill was double-referred to the Assembly Human Services Committee where it was heard on April 12, 2016 and passed 6-1.

REGISTERED SUPPORT / OPPOSITION:

Support

California Child Care Resource & Referral Network (sponsor)

Child Care Alliance Los Angeles

Child Care Resource Center

Choices for Children

Community Action Partnership of San Luis Obispo County

Community Child Care Council of Sonoma County (4Cs)

Contra Costa Child Care Council

First 5 Association of California

Northern Director’s Group

Options for Learning

Solano Family & Children’s Services

Opposition

None on file.

Analysis Prepared by: Jennie Bretschneider / P. & C.P. / (916) 319-2200

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Susan Bonilla, Chair

ABPCA Bill Id:AB 2036 (

Author:Lopez) – As Amended Ver:April 6, 2016

SUBJECT: Online child care job posting services: background check service providers: consumer education

SUMMARY: Requires an online child care job posting service to post specified information related to background checks on its Internet Web site and provides for a related complaint process to be overseen by the Attorney General.

Specifically, 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:
4. Trustline information, as specified, and the Trustline registry toll-free phone number; and
5. 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.
6. 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.
7. 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:
   1. A detailed description of what is included in the background check; and
   2. 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.
8. 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.
9. 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 provider 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.
10. Requires the Attorney General to adopt regulations, consistent with due process, governing the notice, hearing, and submission of evidence.
11. Requires the Attorney General to impose a fine of $1,000 per violation for second and subsequent violations, as specified.
12. 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.
13. Permits an individual damaged by a willful violation of the provisions of this bill to bring a civil cause of action against an owner, permits the court to award equitable 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.

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. (HSC 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 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. (EC 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)

FISCAL EFFECT: Unknown.

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.

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 Web sites exist that allow parents and guardians to search for child care providers. Some of these 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 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), 2015, was substantially similar to this bill. It died in the Assembly Human Services Committee pursuant to Article IV, Sec. 10(c) of the Constitution.

DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Privacy and Consumer Protection Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California Child Care Resource & Referral Network – sponsor

Child Care Alliance of Los Angeles

Child Care Resource Center

Community Child Care Council (4Cs) of Alameda County

Community Child Care Council of Sonoma County

Northern Directors Group

Opposition

None on file.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089