Chapter 2.3Online Child Care Job Posting Services

Section § 18890

Explanation
This law section defines two key terms: an 'online child care job posting service' is any platform or business that connects parents to child care providers, and a 'background check service provider' is any business offering services to check a person's criminal, work, and personal history.
For the purposes of this chapter, the following definitions apply:
(a)CA Business and Professions Code § 18890(a) “Online child care job posting service” means any person or business that provides or offers to provide child care providers.
(b)CA Business and Professions Code § 18890(b) “Background check service provider” means any person or business that provides or offers to provide background check services.
online child care job posting child care providers background check services child care connection platforms employment screening background verification child care platform caregiver services online caregiver network service definitions child care recruitment provider history check employment history verification parent caregiver connection child care employment
(Added by Stats. 2016, Ch. 497, Sec. 1. (AB 2036) Effective January 1, 2017.)

Section § 18890.2

Explanation

This California law requires online services that list child care providers to inform users about background checks. If the provider doesn’t need a license, the site must mention the Trustline, which is the official background check service for non-licensed child care providers in California. For licensed providers, the site should state that parents can get complaint information from the California Department of Social Services. If the site offers background checks, it must clearly explain what’s included using a one-click link on the provider’s profile. The background check provider must offer detailed written descriptions, including what data is checked and how often it's updated.

(a)Copy CA Business and Professions Code § 18890.2(a)
(1)Copy CA Business and Professions Code § 18890.2(a)(1) An online child care job posting service that provides online information about potential child care providers who are not required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:
“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 telephone number is 1–800–822–8490.”
(2)CA Business and Professions Code § 18890.2(2) An online child care job posting service that provides online information in California about potential child care providers who are required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:
“Pursuant to Section 1596.859 of the Health and Safety Code, parents have the right to receive information regarding any substantiated or inconclusive complaint about licensed child care providers. That information is public and can be acquired by visiting the California Department of Social Services’ Internet Web site at “www.ccld.ca.gov.””
(b)CA Business and Professions Code § 18890.2(b) If the online child care job posting service provides access to a background check for the child care providers listed on its Internet Web site in California, 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, as described in subdivision (c).
(c)CA Business and Professions Code § 18890.2(c) Background check service providers that provide background checks for 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 conducted that includes at a minimum:
(1)CA Business and Professions Code § 18890.2(c)(1) A detailed description of what is included in the background check.
(2)CA Business and Professions Code § 18890.2(c)(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)CA Business and Professions Code § 18890.2(c)(2)(A) The source of the data, the name of the database used, and a brief description of the data included in the database.
(B)CA Business and Professions Code § 18890.2(c)(2)(B) The date range of the oldest data and the most recent data included.
(C)CA Business and Professions Code § 18890.2(c)(2)(C) How often the information is updated.
(D)CA Business and Professions Code § 18890.2(c)(2)(D) How the databases are checked (by name, social security number, fingerprints, etc.).
(E)CA Business and Professions Code § 18890.2(c)(2)(E) A list of the counties for which no data is available.
online child care job posting Trustline license-exempt child care background check licensed child care providers California Department of Social Services fingerprint records California Child Abuse Central Index complaint information background check description data source database update frequency counties data availability background check methods
(Added by Stats. 2016, Ch. 497, Sec. 1. (AB 2036) Effective January 1, 2017.)

Section § 18890.4

Explanation

If an online child care job posting or background check service doesn't follow the rules, they could be fined $1,000 for each time they break the law. The fine can be imposed by the Attorney General, city attorney, or county counsel. Before imposing the fine, they need to give the service reasonable notice about their mistake and inform them they have 30 days to fix it. If the problem isn't fixed in that time, the fine can be enforced. Where the money from the fine goes depends on who filed the case; it could go to the state, city, or county funds.

(a)CA Business and Professions Code § 18890.4(a) An online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of one thousand dollars ($1,000) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following:
(1)CA Business and Professions Code § 18890.4(a)(1) Providing the online job posting service or background check service provider with reasonable notice of noncompliance. The notice shall inform the online job posting service or background check service provider that it will be subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the online job posting service or background check service provider.
(2)CA Business and Professions Code § 18890.4(a)(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).
(b)CA Business and Professions Code § 18890.4(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
online child care job posting background check service civil penalty notice of noncompliance 30-day correction period Attorney General enforcement city attorney county counsel General Fund treasurer payment violation correction noncompliance penalty reasonable notice service provider obligations legal enforcement action
(Added by Stats. 2016, Ch. 497, Sec. 1. (AB 2036) Effective January 1, 2017.)

Section § 18890.6

Explanation

This law allows someone who's been harmed by an online child care job posting service or background check service due to willful misconduct, to sue for damages. They can ask for various types of compensation, such as general, special, and punitive damages. Moreover, the court can also offer other remedies like injunctions or covering legal costs. These legal options are additional to any other legal rights one might have.

(a)CA Business and Professions Code § 18890.6(a) In addition to the authority granted to the Attorney General, a city attorney, or a county counsel 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 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)CA Business and Professions Code § 18890.6(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)CA Business and Professions Code § 18890.6(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.
willful violation civil cause of action online child care job posting service background check service provider damages general damages special damages punitive damages equitable relief injunction legal remedies harmed individual court awards legal costs additional rights
(Added by Stats. 2016, Ch. 497, Sec. 1. (AB 2036) Effective January 1, 2017.)