Licensing ProvisionsChild Care Provider Registration
Section § 1596.60
This section of the law defines key terms for the chapter it belongs to. It clarifies what constitutes an 'ancillary day care center,' which is a daycare associated with businesses like athletic clubs or grocery stores, providing care for customers' children while they shop. These centers don't need a childcare license due to specific exemptions.
It also defines 'Department' as the State Department of Social Services and 'Director' as the Director of Social Services. The term 'professional supervised visitation monitor' refers to individuals who are paid to oversee visitation services for children. Lastly, it explains that a 'Trustline provider' or 'license exempt child care provider' is an adult caretaker who doesn't require a license, including those in ancillary daycare settings or offering in-home services. This includes professional supervised visitation providers.
Section § 1596.61
This law allows the department to charge fees to trustline applicants to cover the expenses of running the trustline program. The fees can be used to pay for criminal history checks by the Department of Justice, searches of FBI records, and the help provided by the California Child Care Resource and Referral Network. Additionally, the fees also cover the costs for local child care programs to implement the trustline program and for processing applications and maintaining the trustline registry.
Section § 1596.62
This law focuses on the Trustline registry, which tracks child care providers. The Department of Justice keeps an updated list of reports on child abuse and criminal convictions related to these providers. Providers must notify the department of any address changes within 10 days. The department shares updated information about Trustline applicants and providers with a child care network. State employees are generally not liable for damages unless they act with intent or severe negligence. As of July 1, 1998, the Department of Justice transferred responsibility for Trustline applications and records to another department.
Section § 1596.63
This law makes it a minor criminal offense for anyone to pretend they are a trustline applicant or a registered trustline child care provider when they are not. In simple terms, you can get in trouble if you lie about your status concerning trustline child care background checks.
Section § 1596.64
This law outlines that the department will work with the California Child Care Resource and Referral Network to manage the trustline duties. The Network can further contract with local resource programs to handle these responsibilities locally.
Additionally, any contracts or grants related to these duties are not bound by certain standard contracting requirements, such as personal services contracting requirements, the Public Contract Code, and do not need approval from the Department of General Services.
Section § 1596.65
This law requires that employment agencies referring child care providers to parents or guardians make sure the provider is either applying for or already registered with TrustLine, a background check service for in-home child care. Agencies can't place providers who aren't on this path. Violating this rule is considered a misdemeanor and can result in a $100 fine.
Section § 1596.66
This section outlines the registration requirements for certain childcare providers who are paid with specific public funds, like those from the state's Alternative Payment Program or the federal Child Care and Development Block Grant. Providers who are related to the child as a grandparent, aunt, or uncle are exempt. To be eligible for compensation, these providers must register with a system called Trustline, which involves submitting fingerprints and an application. Local childcare resource agencies help with processing the application and addressing issues. If the agency charges a fingerprinting fee, it will be reimbursed through federal grant funds. A central network will manage this information and ensure local agencies are informed. Importantly, this process applies only if certain budget conditions and federal approvals are met.
Section § 1596.67
This California law outlines the registration requirements for childcare providers who receive payment through Stage 1 of the CalWORKs Child Care Program. It mandates that these providers, unless they are close relatives of the child like grandparents or aunts/uncles, must register with the Trustline to be eligible for compensation. The rule applies to license-exempt providers who start providing care to new eligible families or return to providing compensated care after a break.
If a provider has a disqualifying criminal conviction and doesn't have an exemption, their payment will stop. The implementation of these rules depends on the state allocating funds for Trustline registration, and the California Child Care Resource and Referral Network oversees this registration process for Stage 1 providers.
Section § 1596.68
This section states that the chapter became effective on July 1, 1998. The department has the authority to create rules to implement this chapter at any time before, on, or after that date. If emergency regulations are needed after January 1, 1998, they are considered urgent and essential to protect public peace, health, safety, or general welfare. These emergency regulations can only last for a maximum of 180 days.
Section § 1596.601
In California, if you're a child care provider looking to become a trustline provider, you need to initiate a background check. To start this process, you must have one of the following ID cards: a valid California driver's license, a valid California DMV-issued ID card, a valid Permanent Resident Card, or if you live outside of California, a valid numbered photo ID card from your state's agency.
Section § 1596.603
If you want to be a "trustline provider" for child care, you'll need a background check. This involves getting your fingerprints taken at a local law enforcement or authorized agency. You send these prints either by card or electronically, along with a trustline application to the state. Agencies can charge a fee for fingerprinting.
The Department of Justice checks your fingerprints against criminal and child abuse records. If you already work at a licensed child care facility, you don’t need new fingerprints, just transfer your existing clearance. You must still provide identification and a signed declaration of who you are, but be truthful because lying has legal consequences.
Section § 1596.605
This law describes the establishment and maintenance of a trustline registry by a department to track childcare providers. When someone applies with their fingerprints or ID, they become a 'trustline applicant.' If a person is ineligible for a childcare license under specific criteria, their application is rejected without appeal.
The department checks applicants' criminal histories and child abuse records. If everything checks out, the applicant becomes a 'registered trustline child care provider,' and this is noted in the registry. Also, the department can manage and maintain the criminal record clearance of registered providers.
Section § 1596.607
Section § 1596.608
This law explains that a trustline registration, which is a form of background check for care providers, can be revoked by the department for several reasons. These include fraudulent registration, providing false information, criminal convictions (unless exempted), or any behavior posing a threat to clients' safety.
If a trustline provider's license or approval has been revoked, suspended, or denied, their registration is considered forfeited. The same applies if they are denied employment or presence in a facility following an administrative hearing, or if they fail to update their mailing address with the department.
Any hearings to revoke trustline registration must follow specific procedural guidelines.
Section § 1596.615
This law states that any money collected by the department for implementing this chapter can be spent continuously, without needing to follow the usual fiscal year budgeting rules. The funds are always available to the department for use under the chapter's guidelines.
Section § 1596.616
This law states that the department can charge a fee to trustline applicants working in ancillary day care centers. The fee should cover the cost of processing applications and maintaining the trustline registry, and cannot exceed the total amount needed for these tasks.
Section § 1596.643
The California Child Care Resource and Referral Network must maintain a toll-free line to help people check if a child care provider is registered with Trustline. They should also promote Trustline by letting parents and providers know how it works and distribute applications statewide. Additionally, they must support child care agencies in their Trustline duties, seek private funding, and ensure that Trustline is accessible to everyone, even those who don't speak English. Employees of the network are not liable for injuries caused by their services unless they act with gross negligence or intentionally cause harm.
Section § 1596.645
This law requires the California Child Care Resource and Referral Network, along with other stakeholders, to assess and improve how the trustline system is working. They must look for ways to speed up application denial processes and identify if caregivers continue providing care after being denied.
Section § 1596.653
This law is about making sure that children from California are safely transported to out-of-state facilities by private companies. It requires these companies, known as transport escort services, to provide detailed information to the child's parents or guardians. This includes how to check the company's background through a trustline registry, which keeps track of criminal histories of child care providers.
Parents must give written permission for the transportation, and the service must confirm they've informed the parents. Also, the individuals transporting must be registered with the trustline as childcare providers. Should there be any violations, families can take legal action for damages or injunctions. Violations could also lead to fines or jail time. This law doesn't apply to government agencies, juvenile court transports, or family members transporting the minors.
Section § 1596.655
This law outlines the duties of childcare resource and referral agencies in California related to the trustline service. These agencies must promote awareness of the trustline, which is designed to verify childcare providers, to parents, providers, and related organizations. They are required to work with the California Child Care Resource and Referral Network on these promotional efforts and collect related data.
Agencies also need to report annually on their promotional activities, any issues they face, and offer suggestions for improvements. Furthermore, they must ensure that the trustline is accessible to everyone, including non-English speakers, and provide guidance on how to use the trustline to parents, providers, and anyone else interested.
Section § 1596.656
If you're 18 or older and want to work in a day care in California, you need to be registered for Trustline, which is a background check process. People younger than 18 can still work at these day care centers without this registration. However, if you’re denied registration or it's revoked, you can't work in child care or supervise children.
If you're applying for Trustline, you can keep your day care job while your application is reviewed. But if it gets denied and you can't appeal anymore, you must stop working in child care. This rule has been in place since January 1, 2011.
Section § 1596.657
Starting January 1, 2021, any professional who provides supervised visitation services must be officially registered according to specific requirements. This registration process is detailed in Sections 1596.603 and 1596.605.
Section § 1596.671
This law requires license-exempt childcare providers who get money from the Emergency Child Care Bridge Program for Foster Children to register through Trustline, as long as federal law demands it. This registration is free for providers, and counties will handle the payment process, similar to what's done for the CalWORKs Child Care Program.
If a childcare provider has a criminal conviction and hasn't been given a special exemption, they will stop receiving payments under this program. Also, this requirement for registration only kicks in if there's funding allocated for it in the state budget.