Bill Text: CA AB589 | 2015-2016 | Regular Session | Introduced
Bill Title: Online child care job posting services: consumer education.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB589 Detail]
Download: California-2015-AB589-Introduced.html
BILL NUMBER: AB 589 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Lopez
FEBRUARY 24, 2015
An act to add Chapter 3.67 (commencing with Section 1597.80) to
Division 2 of the Health and Safety Code, relating to child care.
LEGISLATIVE COUNSEL'S DIGEST
AB 589, as introduced, Lopez. Online child care job posting
services: consumer education.
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 have undergone criminal
background checks. These 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
the funds, upon appropriation by the Legislature, for purposes that
include site visits of day care centers and family day care homes.
This bill would require an online child care job posting service
to include specified information regarding each child care provider
on the Internet Web site profile or page that lists child care
provider information, including a description of the trustline
registry and the toll-free telephone number and the link to the
Internet Web site for the registry, a description of the availability
of free child care referrals in every county, and, if the service
provides background checks, an easy-to-understand overview of what is
included in the background check and what is not included. The bill
would impose a fine of $1,000 for a 2nd or subsequent violation of
these requirements, after written notice and an opportunity for a
hearing. The bill would provide that fines collected pursuant to
these provisions would be deposited in the Child Health and Safety
Fund. The bill would also require the department to develop
regulations for these purposes as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.67 (commencing with Section 1597.80) is added
to Division 2 of the Health and Safety Code, to read:
CHAPTER 3.67. ONLINE CHILD CARE JOB POSTING SERVICES
1597.80. For purposes of this chapter, the following definitions
apply:
(a) "Online child care job posting service" means any person or
business that provides or offers to provide parents or child care
consumers with lists of, or profile information regarding, child care
providers who are not required to be licensed pursuant to Section
1596.792, who are commonly referred to as nannies or babysitters, or
a person or business that has an Internet Web site platform for these
child care providers to publicize their availability to provide care
or supervision of children.
(b) "Owner" means to a person or business that provides or offers
an online child care job posting service.
1597.81. (a) An online child care job posting service posting
information on an Internet Web site shall include the following
information regarding each child care provider profile or Internet
Web page that lists child care provider information:
(1) A description of the trustline registry pursuant to Section
1596.60 with the following statement: "Trustline is California's
official background check for child care providers that are not
required to be licensed (i.e. babysitters and nannies). It is the
only authorized screening program for babysitters and nannies in the
state with access to fingerprint records at the California Department
of Justice and the Federal Bureau of Investigation and access to the
Child Abuse Central Index".
(2) The trustline registry toll-free number: 1-800-822-8490.
(3) A link to the trustline registry: Web site www.trustline.org.
(4) A description of the availability of free child care referrals
in every county with the following statement:
"In every county, the state-funded child care resource and referral
program (R&R) provides free child care planning services that include
child care referrals to licensed caregivers, and information on
choosing child care, community resources, and help paying for child
care. To find your local R&R call 1-800-KIDS-793."
(5) The child care connection toll-free number: 1-800-KIDS-793.
(6) The child care connection Web site: www.mychildcareplan.org.
(7) The following statement about Oliver's Law (enacted by Chapter
545 of the Statutes of 2006):
"Pursuant to Oliver's Law, parents have the right to receive
information regarding any substantiated or inconclusive complaint
about any child care provider. That information is public and can be
acquired by calling a local licensing office. Contact information for
the local licensing office can be obtained by calling 1-800-KIDS-793
or by visiting www.ccld.ca.gov."
(b) If the online child care job listing service provides a
background check for the child care providers listed on its site or
provides the ability for parents to request a background check using
a background check service contracted by or referred by the owner of
the Web site, the Internet Web site shall provide by means of a
one-click link on each child care provider profile or Internet Web
page that lists the child care provider's information, a written
description of the background check offered or provided that includes
at a minimum:
(1) An easy-to-understand overview of what is included in the
background check and what is not included.
(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 (i.e. by name, social security
number, fingerprints, etc.).
(E) A clear indication in the chart that notes the counties for
which no data is available.
(F) A summary statement that clearly communicates the number of
counties for which there is no background check data available.
(3) A list of any statewide or national background checks
conducted and the information described in subparagraphs (A) and (B)
of paragraph (2).
(4) A list of any other background checks conducted and the
information described in subparagraphs (A) and (B) of paragraph (2).
1597.82. (a) Upon a complaint received by the Community Care
Licensing Division, the department shall review the Internet Web site
named in the complaint. If the department determines that an online
child care job posting service is in violation of this chapter or any
rules or regulations promulgated under this chapter, a notice of
violation shall be served upon the owner using the contact
information provided on the Internet Web site. Each notice of
violation shall be in writing and shall specify the nature of the
violation and the statute, rule, or regulation alleged to have been
violated, describe the opportunity for a fair hearing pursuant to
regulations developed by the department consistent with the
requirements described in subdivision (b), and specify the potential
fine that may be imposed for a second or third violation pursuant to
subdivision (c).
(b) In the first case of alleged noncompliance, the department
shall provide written notice of the violation to the owner. The owner
shall have 30 calendar days to correct the violation or request a
hearing on the matter. If the owner has evidence that the site in
question is in compliance, the owner shall submit proof of that
compliance directly to the department. Evidence of compliance may be
in the form of printouts, Internet Web links, screen shots, or other
means determined to be acceptable by the department. The department
shall develop regulations to govern the notice, the hearing, and the
submission of evidence, for purposes of this section, consistent with
due process.
(c) For second and subsequent violations, after reasonable notice
and time to correct the violation, and the opportunity for a fair
hearing on the matter, pursuant to regulations developed by the
department, if the owner is found to be in violation of this chapter,
the department shall impose a fine of one thousand dollars ($1,000)
per violation.
(d) Any fines and penalties imposed and collected pursuant to
this chapter shall be deposited into the Child Health and Safety
Fund, as described in Section 18285.
