Bill Text: CA AB2036 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Online child care job posting services: background check service providers: enforcement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-23 - Chaptered by Secretary of State - Chapter 497, Statutes of 2016. [AB2036 Detail]

Download: California-2015-AB2036-Amended.html

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BILL NUMBER: AB 2036	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2016
	AMENDED IN ASSEMBLY  APRIL 6, 2016

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 16, 2016

   An act to add Chapter 2.3 (commencing with Section 18890) to
Division 8 of the Business and Professions Code, relating to
business.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2036, as amended, Lopez. Online child care job posting
services: background check service providers: 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 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.
   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 2.3 (commencing with Section 18890) is added to
Division 8 of the Business and Professions Code, to read:
      CHAPTER 2.3.  ONLINE CHILD CARE JOB POSTING SERVICES


   18890.  For the 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 child care providers.
   (b) "Background check service provider" means any person or
business that provides or offers to provide background check
services.
   18890.2.  (a) 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:
   (1) 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 number is
1-800-822-8490.
   (2) Nonexempt family child care homes and child care centers are
required to be licensed by the State of California. 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 visiting
the State Department of Social Services' Internet  Website
  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 to it by the background check service provider.
   (c) Background check service providers that offer background
checks 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 a written description of the
background checks 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.
   18890.4.  (a) Upon a complaint received by the Attorney General,
the Attorney General shall review the online child care job posting
service or background check service provider named in the complaint.
If the Attorney General determines that an online child care job
posting service or background check service provider is in violation
of this chapter or any rules or regulations adopted under this
chapter pursuant to the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), a notice of violation shall be served upon the
online child care job posting service or background check service
provider. 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 adopted by the Attorney
General 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 Attorney
General shall provide written notice of the violation to the online
child care job posting service or background check service provider.
The online child care job posting service or background check service
provider shall have 30 calendar days to correct the violation or
request a hearing on the matter. If the online child care job posting
service or background check service provider has evidence that the
Internet Web site in question is in compliance, the online child care
job posting service or background check service provider shall
submit proof of that compliance directly to the Attorney General.
Evidence of compliance may be in the form of printouts, Internet Web
site links, screenshots, or other means determined to be acceptable
to the Attorney General. Consistent with due process, the Attorney
General shall adopt regulations to govern the notice, hearing, and
the submission of evidence for purposes of this section.
   (c) For second and subsequent violations, after reasonable written
notice and time to correct the violation, and the opportunity for a
fair hearing on the matter, pursuant to regulations adopted by the
Attorney General, if the online child care job posting service or
background check service provider is found to be in violation of this
chapter, the Attorney General shall impose a fine of one thousand
dollars ($1,000) per violation.
   (d) Any fines imposed and collected pursuant to this section shall
be deposited into the Child Health and Safety Fund created in
Section 18285 of the Welfare and Institutions Code. These fines and
penalties shall be available, upon appropriation by the Legislature,
for the purposes described in subdivisions (d), (e), and (f) of
Section 18285 of the Welfare and Institutions Code.
   18890.6.  (a) In addition to the authority granted to the Attorney
General in Section 18890.4, an individual damaged by a willful
violation of the provisions of this chapter may bring a civil cause
of action against an  owner    online
child care job posting service or background check service provider
 for damages, including, but not limited to, general damages,
special damages, and punitive damages.
   (b) The court in an action pursuant to this section may award
equitable relief, including, but not limited to, an injunction,
costs, and any other relief the court deems proper.
   (c) The rights and remedies provided in this chapter are in
addition to any other rights and remedies provided by law.