BILL NUMBER: AB 589INTRODUCED 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.