HEALTH AND SAFETY CODE
1596.60. For the purposes of this chapter, the following definitions shall apply: (a) “Department” means the State Department of Social Services. (b) “Director” means the Director of Social Services. (c) “Trustline provider,” “license exempt child care provider,” or”provider,” for the purposes of this chapter means a person 18 years of age or older who provides child care, supervision, or any person providing in-home educational or counseling services to a minor, and who is not required to be licensed pursuant to Section 1596.792.
1596.601. Any child care provider who possesses any one of the following identification cards may initiate a background examination to be a trustline provider: (a) A valid California driver’s license. (b) A valid identification card issued by the Department of Motor Vehicles. (c) A valid Alien Registration Card. (d) In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California.
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 will immediately forward theapplication 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 offingerprinting for the purposes of this chapter. (c) Upon receipt, the department shall transmit the fingerprintcard and a copy of the application to the Department of Justice. TheDepartment 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. (d) 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 1596.601and sign a declaration verifying the person’s identity. A willful false declaration is a violation of this subdivision punishable inthe same manner as provided under Section 1596.890.
1596.605. (a) (1) The department shall establish a trustline registry pursuant to this chapter and shall continuously update the registry information. Upon submission of the trustline applicationand fingerprints or other identification documents pursuant to either subdivision (a) or (e) of Section 1596.603, the department shall enter into the trustline registry the provider’s name, identification card number, and an indicator that the provider has submitted an application and fingerprints or identification documentation. This provider shall be known as a “trustline applicant.” (2) A person shall not be entitled to apply to be a trustline provider and shall have his or her application returned without the right to appeal if the provider would not be eligible to obtain achild care license pursuant to Section 1596.851. (b) (1) Before approving the person’s application, the department shall check the individual criminal history pursuant to Section1596.871 and against the child abuse index pursuant to subdivision(b) of Section 1596.877. Upon completion of the searches of the state summary criminal history information and the child abuse index,and, if applicable, the records of the Federal Bureau of Investigation, the department shall grant the trustline application if grounds do not exist for denial pursuant to Section 1596.607 andthe department shall enter that finding in the provider’s record in the trustline registry and shall notify the provider of the action.This provider shall be known as a “registered trustline child care provider.” (2) The department may transfer the criminal record clearance granted to a registered trustline child care provider and hold the registered trustline child care provider’s criminal record clearance in its active files pursuant to subdivision (h) of Section 1596.871.
1596.607. (a) (1) If the department finds that the trustline applicant has been convicted of a crime, other than a minor traffic violation, the department shall deny the application, unless the director grants an exemption pursuant to subdivision (f) of Section1596.871. (2) If the department finds that the trustline applicant has an arrest as described in subdivision (a) of Section 1596.871, the department may deny the application if the trustline applicant may pose a risk to the health and safety of any person who is or may become a client and the department complies with subdivision (e) of Section 1596.871. (3) The department shall comply with the requirements of Section 1596.877 and may deny the application of a trustline applicant for substantiated child abuse that may pose a threat to the health and safety of any person who is or may become a client. (4) The department may deny the application for registration of the trustline applicant if it discovers that it had previously revoked a license or certificate to be a certified family home held by the trustline applicant or excluded the trustline applicant from alicensed facility. (5) The department may deny the application for registration of the trustline applicant if it discovers that it had previously deniedthe trustline applicant’s application for a license from thedepartment or certificate of approval to be a certified family home.
(b) (1) If, the department denies registration pursuant tosubdivision (a), it shall advise the provider of the right to appeal. The provider shall have 15 days to appeal the denial. (2) Upon receipt by the department of the appeal, the appeal shallbe set for hearing. The hearing shall be conducted in accordancewith Section 1596.887.
1596.608. (a) (1) The department may revoke a provider’s trustlineregistration for any of the following: (A) Procuring trustline registration by fraud ormisrepresentation. (B) Knowingly making or giving any false statement or informationin conjunction with the application for issuance of trustlineregistration. (C) Criminal conviction unless an exemption is granted pursuant toSection 1596.871. (D) Incident of child abuse or neglect or other conduct that posesa threat to the health and safety of any person who is or may becomea client. (2) The hearing to revoke the trustline registration shall beconducted in accordance with Section 1596.887. (b) The trustline provider’s registration shall be consideredforfeited under the following conditions: (1) The trustline provider has had a license or certificate ofapproval revoked, suspended, or denied as authorized under Section1534, 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 anadministrative hearing pursuant to Section 1558, 1568.092, 1569.58,or 1596.8897. (3) The trustline provider fails to maintain a current mailingaddress with the department.
1596.61. (a) The department may charge a fee to a trustlineapplicant. The department may enter into an interagency agreementfor the purpose of transferring funds to offset the costs incurred bythe California Child Care Resource and Referral Network to implementthe trustline program pursuant to this chapter. (b) The maximum fee shall not exceed the total actual costs of allof the following: (1) The searches of the state summary criminal history informationand the child abuse index performed by the Department of Justice.The cost to check the criminal history information shall notsubsidize the cost to check the criminal history of other persons bythe State Department of Social Services who are not charged a fee bythe Department of Justice. (2) The cost incurred by the Department of Justice for thesearches of the records of the Federal Bureau of Investigation. (3) The information and technical assistance provided by theCalifornia Child Care Resource and Referral Network to parents,providers, and employment agencies. (4) The implementation by the local child care resource andreferral programs of the trustline program. (5) The cost to the department to process the applications andmaintain the trustline registry.
1596.615. All moneys collected by the department to implement thischapter shall, notwithstanding Section 13340 of the Government Code,be continuously appropriated to the department without regard tofiscal year for expenditure pursuant to this chapter.
1596.62. (a) (1) The Department of Justice shall maintain andcontinually update an index of reports of child abuse by, andpertinent criminal convictions of, providers and shall inform thedepartment of subsequent reports received from the child abuse indexpursuant to Section 11170 of the Penal Code and the criminal history. The department shall continually update the trustline registrypursuant to the actions required in Section 1596.607. (2) The trustline applicant and registered trustline providershall inform the department of any new mailing address in writingwithin 10 days of the change in address. (b) The department shall provide the California Child CareResource and Referral Network with a continually updated record ofthe trustline applicants, trustline applicants that the departmentdenied, the registered trustline child care providers, and providerswhose registration that the department revoked. (c) Notwithstanding any other law, including Part 3 (commencingwith Section 900) of Division 3.6 of Title 1 of the Government Code,state officers or employees shall not be liable for any damagescaused by their conduct pursuant to this chapter except forintentional acts or gross negligence. (d) On July 1, 1998, the Department of Justice shall transfer alltrustline application and registration material to the department.The department shall be responsible for all pending applications andhearings and shall transfer all trustline application andregistration information.
1596.63. It is a misdemeanor for a person to falsely represent orpresent himself or herself as a trustline applicant or a registeredtrustline child care provider.
1596.64. (a) The department shall enter into a contract with theCalifornia Child Care Resource and Referral Network to administer thetrustline duties as described in this chapter. (b) The California Child Care Resources and Referral Network maysubcontract with local resource and referral programs for theimplementation of the trustline program at the local level.
1596.645. The California Child Care Resource and Referral Network,in consultation with representatives of private industry, parents,child care resource and referral agencies, the department, the StateDepartment of Education, trustline providers, employment agencies,and the pediatric health sector, shall review and makerecommendations concerning the operation of the trustline. Thisreview shall include a consideration of strategies for reducing theprocessing time for trustline application denials, and to the extentpossible, an evaluation of, or proposed methodology for measuring,whether those child care providers for whom trustline applicationsare denied are still providing care when denial letters are sent to them.
1596.65. (a) An employment agency, as defined in Section 1812.501of the Civil Code, that refers a child care provider to parents orguardians who are not required to be a licensed child day carefacility shall not make a placement of a child care provider who isnot a trustline applicant or a registered child care provider. (b) Any violation of this section is a misdemeanor and shall bepunishable by a fine of one hundred dollars ($100).
1596.653. (a) It is the intent of the Legislature to protect thewell-being of California children by regulating private individualsand companies that transport or accompany minors to out-of-stateresidential facilities or institutions. (b) As used in this section: (1) “Transport escort service” means any person, partnership,association, or corporation that accepts financial compensation orother consideration to accompany or transport minors who areresidents of California to any residential facility or institutionlocated outside the state. (2) “Minor” means any person under the age of 18 years. (3) “Department” means the State Department of Social Services. (c) Every transport escort service that accompanies or transportsa minor who is a resident of California to any residential facilityor institution located outside the state, shall first provide theminor’s parents, custodial parent, or legal guardian with all of thefollowing: (1) A description of the child care provider trustline registryestablished pursuant to this chapter that provides criminal historychecks on child care providers. (2) An explanation of how a parent may obtain more informationabout the child care provider trustline registry. (3) A statement that a transport escort service is prohibited bylaw from transporting or accompanying a minor unless the person orpersons transporting the minor are trustline registered child careproviders. (4) An explanation of how the parent may verify the trustline registration of the transport escort service. (5) An explanation of the minor’s right to make a complaint to achild protective agency concerning abusive treatment by the transportescort service. (d) A transport escort service shall not transport or accompany aminor without obtaining the written permission of the minor’sparents, custodial parent, or legal guardian. (e) The transport escort service shall verify in writing that theminor’s parents, custodial parent, or legal guardian has received theinformation required under subdivision (c). (f) A transport escort service shall not accompany or transport aminor to any residential facility or institution located outside thestate, unless the person or persons transporting or accompanying theminor are trustline registered child care providers. (g) A minor, parent, or legal guardian claiming to be aggrieved bya violation of this section by a transport escort service may bringa civil action for injunctive relief or damages, or both. (h) In addition to the remedy provided in subdivision (g), aviolation of this section may be prosecuted as a misdemeanorpunishable by a fine of not less than five hundred dollars ($500) ormore than five thousand dollars ($5,000) as to each person withrespect to whom a violation occurs, or imprisonment in a county jailfor not more than six months. (i) This section does not apply to the following: (1) The transport of minors by any governmental agency oremployee. (2) The transport of minors under the jurisdiction of the juvenilecourt. (3) The transport of minors by family members or relatives. (j) Nothing in this section shall limit any claim for damages orthe issuance of any injunction that a parent or child may assertagainst a transport escort service pursuant to any other state orfederal law or regulation.
1596.655. A child care resource and referral agency establishedpursuant to Article 2 (commencing with Section 8210) of Chapter 2 ofPart 6 of the Education Code shall have the followingresponsibilities in the administration of the trustline within itslocal geographic area of service: (a) Implement the local elements of the promotion plan designed bythe California Child Care Resource and Referral Network pursuant toSection 1596.643 and publicize the availability, purpose, andbenefits of the trustline to parents, child care providers,prospective child care providers, and institutions and agencies thathave frequent contact with parents and providers. (b) Cooperate with the California Child Care Resource and ReferralNetwork in promotional and data collection efforts. (c) Report annually to the California Child Care Resource andReferral Network on local promotional efforts, problems encountered,and recommendations for program improvement. (d) Ensure that the trustline is accessible to all persons in thestate, regardless of their ability to speak English. (e) Provide information and technical assistance on the trustlineprocess to parents, child care providers, and other interested parties.
1596.66. (a) Each license-exempt child care provider, as definedpursuant to Section 1596.60, who is compensated, in whole or in part,with funds provided pursuant to the Alternative Payment Program,Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 ofthe Education Code or pursuant to the federal Child Care andDevelopment Block Grant Program, except a provider who is, bymarriage, blood, or court decree, the grandparent, aunt, or uncle ofthe child in care, shall be registered pursuant to Sections 1596.603and 1596.605 in order to be eligible to receive this compensation.Registration under this chapter shall be required for providers whoreceive funds under Section 9858 and following of Title 42 of theUnited States Code only to the extent permitted by that law and theregulations adopted pursuant thereto. Registration under thischapter shall be required for providers who receive funds under thefederal Child Care and Development Block Grant Program only to theextent permitted by that program and the regulations adopted pursuantthereto. (b) For the purposes of registration of the providers identifiedin subdivision (a), the following procedures shall apply:
(1) Notwithstanding subdivision (a) of Section 1596.603, theprovider shall submit the fingerprints and trustline application tothe local child care resource and referral agency establishedpursuant to Article 2 (commencing with Section 8210) of Chapter 2 ofPart 6 of the Education Code. The local child care resource andreferral agency shall transmit the fingerprints and completed trustline applications to the department and address any localproblems that occur in the registration system. If a fee is chargedby the local child care resource and referral agency that takes aprovider’s fingerprints, the provider shall be reimbursed for thischarge by the State Department of Education, through the local childcare resource and referral agency, from federal Child Care andDevelopment Block Grant funds to the extent that those funds areavailable.
(2) The department shall adhere to the requirements of Sections1596.603, 1596.605, 1596.606, and 1596.607 and shall notify theCalifornia Child Care Resource and Referral Network of any action ittakes pursuant to Sections 1596.605, 1596.606, and 1596.607. (3) The California Child Care Resource and Referral Network shallnotify the applicable local child care resource and referralagencies, alternative payment programs, and county welfaredepartments of the status of the trustline applicants and registered trustline child care providers. The network shall maintain atoll-free telephone line to provide information to the local resourceand referral agencies, the alternative payment programs, and thechild care recipients of the status of providers. (c) This section shall become operative only if funds appropriatedfor the purposes of this article from Item 6110-196-890 of Section 2of the Budget Act of 1991 are incorporated into and approved as partof the state plan that is required pursuant to Section 658(E)(a) ofthe federal Child Care Block Grant Act of 1990 (Sec. 5082, P.L.101-508).
1596.67. (a) To the extent permitted by federal law, each childcare provider, as defined by Section 1596.60, who receivescompensation, in whole or in part, under Stage 1 of the CalWORKsChild Care Program pursuant to Article 15.5 (commencing with Section8350) of Chapter 2 of Part 6 of the Education Code, for providingchild care for a recipient or former recipient, except a provider whois, by marriage, blood, or court decree, the grandparent, aunt, oruncle of the child in care, shall be registered pursuant to Sections1596.603 and 1596.605 in order to be eligible to receive thiscompensation. Active trustline registration is required forproviders who receive compensation under Stage 1 of the CalWORKsChild Care Program pursuant to Article 15.5 (commencing with Section8350) of Chapter 2 of Part 6 of the Education Code, for providingchild care for a recipient or former recipient only to the extentpermitted by that law and the regulations adopted pursuant thereto.This section applies only to a license-exempt child care provider, asdefined by Section 1596.60, who registers for payment under Stage 1of the CalWORKs Child Care Program pursuant to Article 15.5(commencing with Section 8350) of Chapter 2 of Part 6 of theEducation Code, for providing child care for a recipient or formerrecipient after the implementation of the trustline registrationsystem in those programs. A provider, as defined by Section 1596.60,who was exempted from trustline registration because the providerwas not compensated, in whole or in part, with funds provided underStage 1 of the CalWORKs Child Care Program pursuant to Article 15.5(commencing with Section 8350) of Chapter 2 of Part 6 of theEducation Code, for providing child care for a recipient or formerrecipient shall be registered, at no cost to the provider, pursuantto Sections 1596.603 and 1596.605 when either of the following occur:
(1) The provider begins to provide child care to an eligiblefamily for which he or she has not provided care. (2) The provider begins to provide child care to an eligiblefamily subsequent to a lapse in providing care that is compensatedunder Stage 1 of the CalWORKs Child Care Program pursuant to Article15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of theEducation Code, for providing child care for a recipient or formerrecipient. (b) Payment provided pursuant to subdivision (a) shall cease ifthe provider has a criminal conviction for which the department hasnot granted a criminal record exemption pursuant to subdivision (f)of Section 1596.871. (c) Subdivision (a) shall not be implemented unless funding fortrustline registration is appropriated to the department for thispurpose in the annual Budget Act or in other legislation. Thedepartment shall enter into a contract with the California Child CareResource and Referral Network to administer the trustline as itrelates to providers who are compensated under Stage 1 of theCalWORKs Child Care Program pursuant to Article 15.5 (commencing withSection 8350) of Chapter 2 of Part 6 of the Education Code, forproviding child care for a recipient or former recipient.
1596.68. (a) This chapter shall be operative on July 1, 1998. (b) (1) Before, on, or after July 1, 1998, the department mayadopt regulations to implement this chapter. (2) The initial adoption of any emergency regulations for purposesof this chapter following January 1, 1998, shall be deemed to be anemergency and necessary for the immediate preservation of the publicpeace, health, and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for nomore than 180 days.