SB 1190: Child welfare: transport escort services.

(1)Existing law prohibits a transport escort service from accompanying or transporting a minor to any residential facility or institution located outside the state, unless the person or persons transporting or accompanying the minor are trustline-registered childcare providers. Existing law also requires every transport escort service that accompanies or transports a minor who is a resident of California to any residential facility or institution located outside the state to first provide the minors parents, custodial parent, or legal guardian with specified information, including, among others things, a description of the childcare provider trustline registry. Existing law makes a violation of these provisions a misdemeanor.

This bill, the Safe Passage for Youth Act, would expand those provisions relating to transport escort services to apply when accompanying or transporting a minor, without regard to whether the destination is an out-of-state residential facility or institution. The bill would revise the definition of a transport escort service and also make these provisions inapplicable to the transport of minors by an individual providing private childcare, casual babysitting, or domestic nanny services, if certain conditions are met. By expanding the scope of a crime, this the bill would impose a state-mandated local program.

The bill would also impose various additional requirements and restrictions on transport escort services, including, among other things, a requirement that they maintain written policies governing the safety and welfare of minors and a prohibition on using behavioral restraints unless it is necessary to prevent imminent, serious physical harm and less restrictive alternatives are not available. The bill would authorize the Attorney General to bring an action in superior court to enforce these provisions if a transport escort service engages in repeated or egregious violations of any of the above provisions. The bill would require a transport escort service that does not operate as a charter-party carrier of passengers to comply with certain requirements applicable to transportation services incidental to the operation of a youth camp, and would authorize the Public Utilities Commission to enforce a violation of this provision and the above-described requirements and restrictions, as specified.

(2)Existing law, the Private Investigator Act, provides for the license and regulation of private investigators, as provided. The act defines private investigator to mean a person who engages in business or accepts employment to furnish any person to protect persons or investigation for the purposes of obtaining information, as specified.

Under this bill, a private investigator license issued under the act would not constitute or confer a permit to operate as a transport escort service or a charter-party carrier of passengers and would not be construed as authorizing the holder to operate as a transport escort services, as provided. exempting a transport escort service from certain requirements applicable to transportation services incidental to the operation of a youth camp. Under the bill, a person permitted to operate a transport escort service would not be required to hold a private investigator license under the act solely by reason of transporting or accompanying a minor.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.