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AB-2702 Trustline registry.(2017-2018)

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Date Published: 05/01/2018 10:00 AM
AB2702:v97#DOCUMENT

Amended  IN  Assembly  April 30, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2702


Introduced by Assembly Member McCarty
(Coauthor: Assembly Member Rubio)

February 15, 2018


An act to amend Sections 1596.603, 1596.608, and 1596.62 of, and to add Section 1596.606 to, the Health and Safety Code, relating to child care.


LEGISLATIVE COUNSEL'S DIGEST


AB 2702, as amended, McCarty. Trustline registry.
Existing law requires the State Department of Social Services to establish a trustline registry for trustline providers who meet prescribed requirements after submitting an application to the department and undergoing a criminal background check, as specified. Existing law defines a trustline provider as a person 18 years of age or older who provides child care, supervision, or in-home educational or counseling services, and who is not required to be licensed as a child day care facility. Existing law requires the California Child Care Resource and Referral Network to establish and maintain a toll-free line to allow parents, employment agencies, child care referral groups and registries, alternative payment programs, and others to determine if a provider is a trustline applicant or a registered trustline child care provider.
This bill would require the department to to, on or before July 1, 2019, create and make operative a Web-based application process for submitting completed trustline applications to the department, as specified, and to make the Web-based application available to county welfare departments, local child care resource and referral agencies, and employment agencies, among others. The bill would also require the department to to, on or before July 1, 2019, include on its Internet Web site information from the trustline registry, so that consumers may search for and obtain the status of trustline applicants and registered trustline child care providers. The bill would require the Internet Web site to enable consumers to obtain an applicant’s status by providing the first and last name, and a specified identification number or applicant number of the trustline applicant or registered trustline child care provider. The bill would require the department to to, on or before July 1, 2019, provide consumers with the ability to save in an electronic format, or to print out a document of, the Internet Web site search results for any trustline applicant or registered trustline child care provider, which shall include specified information, including, the department logo, the first and last name of the applicant or provider, his or her status, and the applicant number.
Existing law requires the department to provide the California Child Care Resource and Referral Network with a continually updated record of the trustline applicants, trustline applicants that the department denied, the registered trustline child care providers, and providers whose registration that the department revoked. Existing law provides that a trustline provider’s registration is considered forfeited under specified conditions, including if the trustline provider fails to maintain a current mailing address with the department.
This bill would require the department to provide the California Child Care Resource and Referral Network with the above-mentioned updated record, at a minimum, on each business day, and would remove failing to maintain a current mailing address as a condition for which a trustline provider’s registration is considered forfeited. day. The bill would also require a trustline provider to maintain a current mailing address with the department and would authorize the department to forfeit a trustline provider’s registration for failing to comply with this requirement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1596.603 of the Health and Safety Code is amended to read:

1596.603.
 (a)  Each person initiating a background examination to be a trustline provider shall either obtain two sets of fingerprints from a law enforcement agency or other local agency on a fingerprint card authorized by the Department of Justice and shall submit the fingerprints, or send his or her fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempted in subdivision (e), and a completed trustline application to the department, or the local child care resource and referral agency, which shall immediately forward the application package to the department. The agency taking the fingerprints shall inscribe the serial number from the identification card described in Section 1596.601 on the fingerprint cards.
(b)  A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this chapter.
(c) The department, through a competitive bidding process, shall contract with a single live scan fingerprinting service provider certified by the Department of Justice to provide secure, electronic fingerprint scanning services, which may be used by any trustline applicant, any other individual required to be fingerprinted under this code, and any other individual. The selected live scan fingerprinting service provider shall submit the fingerprints to the Department of Justice by electronic transmission, and shall provide live scan fingerprinting services throughout California at locations identified by the department.
(d) Upon receipt, the department shall transmit the fingerprint card and a copy of the application to the Department of Justice. The Department of Justice shall use the fingerprints and the application to search the state and Federal Bureau of Investigation criminal history information pursuant to Section 1596.871 and the automated child abuse system pursuant to subdivision (b) of Section 1596.877.
(e) A person who is a current licensee or employee in a facility licensed by the department need not submit fingerprints to the department and may transfer their criminal record clearance pursuant to subdivision (h) of Section 1596.871. The person shall instead submit to the department, along with the person’s application, a copy of the person’s identification card described in Section 1596.601 and sign a declaration verifying the person’s identity. A willful false declaration is a violation of this subdivision punishable in the same manner as provided under Section 1596.890.
(f) (1) The department shall create and make operative, on or before July 1, 2019, a Web-based application process for submitting completed trustline applications to the department that also allows for all of the following:
(A) The submission of a criminal record statement.
(B) The payment of required trustline application fees, which shall include the option for submitting multiple applications with one payment transaction for all applications.
(C) For an applicant who is eligible to transfer his or her criminal record clearance pursuant to subdivision (e), the submission of the applicant’s completed trustline application, a copy of his or her identification card described in Section 1596.601, and an electronically signed declaration verifying the applicant’s identity.
(2) The department shall make the Web-based application process available to county welfare departments, local child care resource and referral agencies, alternative payment programs, employment agencies, transport escort services, ancillary child care centers, entities required by the Public Utilities Commission to use the trustline registry, and any other entity authorized by the department.
(3) Nothing in this subdivision limits the ability of an individual to submit a trustline application through other forms and means accepted by the department, including on paper via hand delivery or through the United States mail.

SEC. 2.

 Section 1596.606 is added to the Health and Safety Code, to read:

1596.606.
 (a) The department shall shall, on or before July 1, 2019, include on its Internet Web site information from the trustline registry established pursuant to Section 1596.605, so that consumers may search for and obtain the status of trustline applicants and registered trustline child care providers. The Internet Web site shall enable consumers to obtain the status by providing the first and last name of the applicant or registered trustline child care provider, and either his or her identification number on the identification card described in Section 1596.601 or trustline applicant number assigned by the department. The status outcome of the search provided on the Internet Web site shall show one of the following statuses:
(1) Trustline applicant.
(2) Registered trustline child care provider.
(3) Closed.
(4) Incomplete.
(b) The department shall shall, on or before July 1, 2019, provide consumers with the ability to save in an electronic format, or to print out a document of, the search results for any trustline applicant or registered trustline child care provider, which shall include all of the following information:
(1) The department logo.
(2) The first and last name of the trustline applicant or registered trustline child care provider.
(3) The trustline application number assigned by the department.
(4) The identification number of the identification card described in Section 1596.601, if provided by the consumer.
(5) The status of the trustline applicant or registered trustline child care provider.
(6) (A) For a registered trustline child care provider, the registration date.
(B) For an applicant with a closed status, the closed date and the following statement: “There are a number of reasons a TrustLine application may be closed. Please contact TrustLine at 1-800-822-8490 for more information.”
(7) A description of the trustline registry. registry, including a definition of each possible status that might result from the search for an individual.
(8) The following statement: “For more information about TrustLine or questions regarding the status of an application, please call 1-800-822-8490.”
(c) The department shall not provide any additional, individually identifiable information about trustline applicants and registered trustline child care providers on the Internet Web site other than the information specified in subdivisions (a) and (b).
(d) Nothing in this section removes the responsibility of the California Child Care Resource and Referral Network to establish and maintain a toll-free line pursuant to paragraph (1) of subdivision (a) of Section 1596.643 to enable an individual to determine if a provider is a trustline applicant or a registered trustline child care provider.

SEC. 3.

 Section 1596.608 of the Health and Safety Code is amended to read:

1596.608.
 (a)  (1)  The department may revoke a provider’s trustline registration for any of the following:
(A)  Procuring trustline registration by fraud or misrepresentation.
(B)  Knowingly making or giving any false statement or information in conjunction with the application for issuance of trustline registration.
(C)  Criminal conviction unless an exemption is granted pursuant to Section 1596.871.
(D)  Incident of child abuse or neglect or other conduct that poses a threat to the health and safety of any person who is or may become a client.
(2)  The hearing to revoke the trustline registration shall be conducted in accordance with Section 1596.887.
(b)  The trustline provider’s registration shall be considered forfeited under either of the following conditions:
(1)  The trustline provider has had a license or certificate of approval revoked, suspended, or denied, as authorized under Section 1534, 1550, 1568.082, 1569.50, or 1596.885.
(2)  The trustline provider has been denied employment, residence, or presence in a facility based on action resulting from an administrative hearing pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897.
(c) (1) A trustline provider shall maintain a current mailing address with the department.
(2) The department may forfeit a trustline provider’s registration for failing to comply with the requirement established in paragraph (1).

SEC. 4.

 Section 1596.62 of the Health and Safety Code is amended to read:

1596.62.
 (a)  (1)  The Department of Justice shall maintain and continually update an index of reports of child abuse by, and pertinent criminal convictions of, providers and shall inform the department of subsequent reports received from the child abuse index pursuant to Section 11170 of the Penal Code and the criminal history. The department shall continually update the trustline registry pursuant to the actions required in Section 1596.607.
(2)  The trustline applicant and registered trustline provider shall inform the department of any new mailing address in writing within 10 days of the change in address.
(b)  The department shall, at a minimum, on each business day, provide the California Child Care Resource and Referral Network with a continually updated record of the trustline applicants, trustline applicants that the department denied, the registered trustline child care providers, and providers whose registration that the department revoked.
(c)  Notwithstanding any other law, including Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, state officers or employees shall not be liable for any damages caused by their conduct pursuant to this chapter except for intentional acts or gross negligence.
(d)  On July 1, 1998, the Department of Justice shall transfer all trustline application and registration material to the department. The department shall be responsible for all pending applications and hearings and shall transfer all trustline application and registration information.