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.
For the purposes of this chapter, the following definitions shall apply:
(a)CA Health and Safety Code § 1596.60(a) “Ancillary day care center” means a day care center, as defined in Section 1596.76, that is associated with an athletic club, grocery store, or other business or group of businesses that is not required to be licensed pursuant to subdivision (k) of Section 1596.792 that provides a day care center that is ancillary to its principal business activity and that provides day care services, with or without a fee, for the children of the clients or customers of that business or group of businesses while the clients or customers are engaged in shopping for, or purchasing, goods or services from that business or group of
businesses.
(b)CA Health and Safety Code § 1596.60(b) “Department” means the State Department of Social Services.
(c)CA Health and Safety Code § 1596.60(c) “Director” means the Director of Social Services.
(d)CA Health and Safety Code § 1596.60(d) “Professional supervised visitation monitor” means a person paid for providing supervised visitation services, or an independent contractor, employee, intern, or volunteer who is providing supervised visitation services and operating independently or through a supervised visitation center or agency.
(e)CA Health and Safety Code § 1596.60(e) “Trustline provider,” “license exempt child care provider,” or “provider” 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. “Provider” also means a person who provides care or childcare supervision in an ancillary day care center other than the parent or guardian of the child receiving the care. “Trustline provider” or “provider” also means a professional supervised visitation provider, as described in Section 3200.5 of the Family Code.
ancillary day care center athletic club daycare grocery store daycare supervised visitation monitor Trustline provider license exempt child care State Department of Social Services Director of Social Services in-home educational services childcare supervision day care exemption business-associated daycare childcare for customers family code visitation unlicensed childcare provider
(Amended by Stats. 2019, Ch. 823, Sec. 2. (AB 1165) Effective January 1, 2020.)
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.
Any child care provider who possesses any one of the following identification cards may initiate a background examination to be a trustline provider:
(a)CA Health and Safety Code § 1596.601(a) A valid California driver’s license.
(b)CA Health and Safety Code § 1596.601(b) A valid identification card issued by the Department of Motor Vehicles.
(c)CA Health and Safety Code § 1596.601(c) A valid Permanent Resident Card.
(d)CA Health and Safety Code § 1596.601(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.
child care provider trustline provider background check California driver's license DMV identification card Permanent Resident Card out-of-state identification agency-issued photo ID child care safety child care background examination California child care trustline registration child safety compliance ID verification Trustline background screening
(Amended by Stats. 2021, Ch. 296, Sec. 33. (AB 1096) Effective January 1, 2022.)
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.
(a)CA Health and Safety Code § 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 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)CA Health and Safety Code § 1596.603(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)CA Health and Safety Code § 1596.603(c) 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.
(d)CA Health and Safety Code § 1596.603(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 1596.601 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.
trustline provider background examination fingerprints Department of Justice child care resource and referral criminal history check Federal Bureau of Investigation state criminal history child abuse system licensee employee transfer clearance identification card declaration verification false declaration consequences fingerprint fee
(Amended by Stats. 1998, Ch. 311, Sec. 43. Effective August 19, 1998.)
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.
(a)Copy CA Health and Safety Code § 1596.605(a)
(1)Copy CA Health and Safety Code § 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 application and 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)CA Health and Safety Code § 1596.605(a)(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 a child care license pursuant to Section 1596.851.
(b)Copy CA Health and Safety Code § 1596.605(b)
(1)Copy CA Health and Safety Code § 1596.605(b)(1) Before approving the person’s application, the department shall check the individual criminal history pursuant to Section 1596.871 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 and the 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)CA Health and Safety Code § 1596.605(b)(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.
trustline registry child care provider fingerprint submission trustline applicant child care license eligibility criminal history check child abuse index trustline application approval registered trustline provider criminal record clearance child care verification provider registry application denial eligibility criteria active files management
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
If someone applies to be a trustline provider and has been convicted of a crime, other than a minor traffic violation, the application will be denied unless there's an exemption. If an applicant has an arrest that suggests they may be risky to client safety, or if there's a record of substantiated child abuse, the application can also be denied. Applications may be denied if a prior license was revoked, if they were excluded from a facility, or if a previous application was denied. If an application is denied, the applicant is informed of their right to appeal within 15 days, and a hearing will be arranged.
(a)Copy CA Health and Safety Code § 1596.607(a)
(1)Copy CA Health and Safety Code § 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 department grants an exemption pursuant to subdivision (f) of Section 1596.871.
(2)CA Health and Safety Code § 1596.607(a)(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)CA Health and Safety Code § 1596.607(a)(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)CA Health and Safety Code § 1596.607(a)(4) The department may deny the application for registration of the trustline applicant if it discovers that the department or a county had previously revoked or rescinded a license or certificate to be a certified family home or
resource family held by the trustline applicant or excluded the trustline applicant from a licensed facility, certified family home, or resource family home.
(5)CA Health and Safety Code § 1596.607(a)(5) The department may deny the application for registration of the trustline applicant if it discovers that the department or a county had previously denied the trustline applicant’s application for a license from the department or certificate to be a certified family home or resource family.
(b)Copy CA Health and Safety Code § 1596.607(b)
(1)Copy CA Health and Safety Code § 1596.607(b)(1) If, the department denies registration pursuant to subdivision (a), it shall advise the provider of the right to appeal. The provider shall have 15 days to appeal the denial.
(2)CA Health and Safety Code § 1596.607(b)(2) Upon receipt by the department of the appeal, the appeal
shall be set for hearing. The hearing shall be conducted in accordance with Section 1596.887.
trustline applicant crime conviction application denial exemption arrest record client safety risk substantiated child abuse revoked license rescinded license previous denial right to appeal appeal process hearing application review certified family home
(Amended by Stats. 2017, Ch. 732, Sec. 37. (AB 404) Effective January 1, 2018.)
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.
(a)Copy CA Health and Safety Code § 1596.608(a)
(1)Copy CA Health and Safety Code § 1596.608(a)(1) The department may revoke a provider’s trustline registration for any of the following:
(A)CA Health and Safety Code § 1596.608(a)(1)(A) Procuring trustline registration by fraud or misrepresentation.
(B)CA Health and Safety Code § 1596.608(a)(1)(B) Knowingly making or giving any false statement or information in conjunction with the application for issuance of trustline registration.
(C)CA Health and Safety Code § 1596.608(a)(1)(C) Criminal conviction unless an exemption is granted pursuant to Section 1596.871.
(D)CA Health and Safety Code § 1596.608(a)(1)(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)CA Health and Safety Code § 1596.608(a)(2) The hearing to revoke the trustline registration shall be conducted in accordance with Section 1596.887.
(b)CA Health and Safety Code § 1596.608(b) The trustline provider’s registration shall be considered forfeited under the following conditions:
(1)CA Health and Safety Code § 1596.608(b)(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)CA Health and Safety Code § 1596.608(b)(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.
(3)CA Health and Safety Code § 1596.608(b)(3) The trustline provider fails to maintain a current mailing address with the department.
trustline registration fraud misrepresentation false statements criminal conviction child abuse threat to safety license revocation administrative hearing mailing address maintenance background check care providers forfeiture employment denial safety threat conduct
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
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.
(a)CA Health and Safety Code § 1596.61(a) The department may charge a fee to a trustline applicant. The department may enter into an interagency agreement for the purpose of transferring funds to offset the costs incurred by the California Child Care Resource and Referral Network to implement the trustline program pursuant to this chapter.
(b)CA Health and Safety Code § 1596.61(b) The maximum fee shall not exceed the total actual costs of all of the following:
(1)CA Health and Safety Code § 1596.61(b)(1) The searches of the state summary criminal history information and the child abuse index performed by the Department of Justice. The cost to check the criminal history information shall not subsidize the cost to check the criminal history of other persons by the State Department of Social Services who are not charged a fee by the Department of Justice.
(2)CA Health and Safety Code § 1596.61(b)(2) The cost incurred by the Department of Justice for the searches of the records of the Federal Bureau of Investigation.
(3)CA Health and Safety Code § 1596.61(b)(3) The information and technical assistance provided by the California Child Care Resource and Referral Network to parents, providers, and employment agencies.
(4)CA Health and Safety Code § 1596.61(b)(4) The implementation by the local child care resource and referral programs of the trustline program.
(5)CA Health and Safety Code § 1596.61(b)(5) The cost to the department to process the applications and maintain the trustline registry.
trustline fees trustline program child care resource criminal history checks Department of Justice FBI record search child abuse index technical assistance parent support provider assistance employment agency support application processing trustline registry maintenance interagency agreement fund transfer
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
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.
All moneys collected by the department to implement this chapter shall, notwithstanding Section 13340 of the Government Code, be continuously appropriated to the department without regard to fiscal year for expenditure pursuant to this chapter.
department funds continuous appropriation fiscal year exemption budgeting rules implementation expenses fund allocation departmental spending government funding expenditure guidelines fiscal management Section 13340 money collection spending flexibility resource allocation financial oversight
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
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.
Notwithstanding Section 1596.61, the department shall charge a fee to each trustline applicant who provides care in an ancillary day care center, that is equal to and does not exceed the total amount required by the department to process applications and maintain the trustline registry for these providers.
trustline applicant fee ancillary day care center application processing costs trustline registry maintenance applicant charges day care provider fees child care worker registry fee limits department charges child care application process trustline system day care center administration background check fees trustline costs
(Amended by Stats. 2010, Ch. 431, Sec. 1. (AB 222) Effective September 29, 2010.)
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.
(a)Copy CA Health and Safety Code § 1596.62(a)
(1)Copy CA Health and Safety Code § 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)CA Health and Safety Code § 1596.62(a)(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)CA Health and Safety Code § 1596.62(b) The department shall 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)CA Health and Safety Code § 1596.62(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)CA Health and Safety Code § 1596.62(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.
Trustline registry child care providers child abuse reports criminal convictions address change notification California Child Care Resource and Referral Network provider registration state liability intentional acts gross negligence Trustline application transfer
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
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.
It is a misdemeanor for a person to falsely represent or present himself or herself as a trustline applicant or a registered trustline child care provider.
misdemeanor false representation trustline applicant registered trustline provider child care background check trustline program fraud identity misrepresentation child care certification misleading identification impersonation offense child care provider status legal consequences trustline registration criminal offense background check fraud
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
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.
(a)CA Health and Safety Code § 1596.64(a) The department shall enter into a contract with the California Child Care Resource and Referral Network to administer the trustline duties as described in this chapter.
(b)CA Health and Safety Code § 1596.64(b) The California Child Care Resources and Referral Network may subcontract with local resource and referral programs for the implementation of the trustline program at the local level.
(c)CA Health and Safety Code § 1596.64(c) Notwithstanding any other law:
(1)CA Health and Safety Code § 1596.64(c)(1) Contracts or grants awarded pursuant to this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(2)CA Health and Safety Code § 1596.64(c)(2) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
California Child Care Resource and Referral Network trustline program local resource and referral programs contracting exemptions personal services contracting requirements Public Contract Code exemption State Contracting Manual exemption Department of General Services approval child care resource network subcontracting trustline duties local implementation contract awards grant awards child care support
(Amended by Stats. 2021, Ch. 116, Sec. 240. (AB 131) Effective July 23, 2021.)
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.
(a)CA Health and Safety Code § 1596.643(a) The California Child Care Resource and Referral Network shall have the following responsibilities:
(1)CA Health and Safety Code § 1596.643(a)(1) 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.
(2)CA Health and Safety Code § 1596.643(a)(2)
Develop a statewide promotion plan, publicize statewide existence, benefits, and methods of accessing the trustline for both parents and providers, and distribute trustline applications statewide.
(3)CA Health and Safety Code § 1596.643(a)(3) Monitor and provide assistance to the child care resource and referral agencies in carrying out their trustline responsibilities.
(4)CA Health and Safety Code § 1596.643(a)(4) Seek private financial support for the trustline.
(5)CA Health and Safety Code § 1596.643(a)(5) Ensure that the trustline is accessible to all persons in the state, regardless of their ability to speak English.
(b)CA Health and Safety Code § 1596.643(b) Officers or employees of the California Child Care Resource and Referral Network shall not be liable for any injury caused by their conduct pursuant to paragraph (1) of subdivision (a), except for intentional conduct or
gross negligence.
child care provider verification Trustline registration statewide promotion child care referral toll-free access Trustline accessibility language support private funding support Trustline network child care application distribution child care agency support negligence liability intentional conduct liability parental access employment agencies
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
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.
The California Child Care Resource and Referral Network, in consultation with representatives of private industry, parents, childcare resource and referral agencies, the department, trustline providers, employment agencies, and the pediatric health sector, shall review and make recommendations concerning the operation of the trustline. This review shall include a consideration of strategies for reducing the processing time for trustline application denials, and to the extent possible, an
evaluation of, or proposed methodology for measuring, whether those childcare providers for whom trustline applications are denied are still providing care when denial letters are sent to them.
California Child Care Resource and Referral Network trustline trustline application denials private industry consultation parents consultation childcare resource agencies referral agencies trustline providers employment agencies pediatric health sector processing time reduction childcare providers denial letters evaluation application review
(Amended by Stats. 2021, Ch. 116, Sec. 241. (AB 131) Effective July 23, 2021.)
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.
(a)CA Health and Safety Code § 1596.65(a) An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care provider to parents or guardians who are not required to be a licensed child day care facility shall not make a placement of a child care provider who is not a trustline applicant or a registered child care provider.
(b)CA Health and Safety Code § 1596.65(b) Any violation of this section is a misdemeanor and shall be punishable by a fine of one hundred dollars ($100).
employment agency child care provider TrustLine background check child day care misdemeanor fine referral in-home child care unlicensed child care trustline applicant registered child care provider parental referral guardian violation
(Amended by Stats. 1998, Ch. 287, Sec. 2. Effective January 1, 1999.)
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.
(a)CA Health and Safety Code § 1596.653(a) It is the intent of the Legislature to protect the well-being of California children by regulating private individuals and companies that transport or accompany minors to out-of-state residential facilities or institutions.
(b)CA Health and Safety Code § 1596.653(b) As used in this section:
(1)CA Health and Safety Code § 1596.653(b)(1) “Transport escort service” means any person, partnership, association, or corporation that accepts financial compensation or other consideration to
accompany or transport minors who are residents of California to any residential facility or institution located outside the state.
(2)CA Health and Safety Code § 1596.653(b)(2) “Minor” means any person under the age of 18 years.
(3)CA Health and Safety Code § 1596.653(b)(3) “Department” means the State Department of Social Services.
(c)CA Health and Safety Code § 1596.653(c) Every transport escort service that accompanies or transports a minor who is a resident of California to any residential facility or institution located outside the state, shall first provide the minor’s parents, custodial parent, or legal guardian with all of the following:
(1)CA Health and Safety Code § 1596.653(c)(1) A description of the child care provider trustline registry established pursuant to this chapter that provides criminal history checks on child care providers.
(2)CA Health and Safety Code § 1596.653(c)(2)
An explanation of how a parent may obtain more information about the child care provider trustline registry.
(3)CA Health and Safety Code § 1596.653(c)(3) A statement that a transport escort service is prohibited by law from transporting or accompanying a minor unless the person or persons transporting the minor are trustline registered child care providers.
(4)CA Health and Safety Code § 1596.653(c)(4) An explanation of how the parent may verify the trustline registration of the transport escort service.
(5)CA Health and Safety Code § 1596.653(c)(5) An explanation of the minor’s right to make a complaint to a child protective agency concerning abusive treatment by the transport escort service.
(d)CA Health and Safety Code § 1596.653(d) A transport escort service shall not transport or accompany a minor without obtaining the written permission of the minor’s parents, custodial parent,
or legal guardian.
(e)CA Health and Safety Code § 1596.653(e) The transport escort service shall verify in writing that the minor’s parents, custodial parent, or legal guardian has received the information required under subdivision (c).
(f)CA Health and Safety Code § 1596.653(f) A transport escort service shall not accompany or transport a minor to any residential facility or institution located outside the state, unless the person or persons transporting or accompanying the minor are trustline registered child care providers.
(g)CA Health and Safety Code § 1596.653(g) A minor, parent, or legal guardian claiming to be aggrieved by a violation of this section by a transport escort service may bring a civil action for injunctive relief or damages, or both.
(h)CA Health and Safety Code § 1596.653(h) In addition to the remedy provided in subdivision (g), a violation of this section may be prosecuted
as a misdemeanor punishable by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) as to each person with respect to whom a violation occurs, or imprisonment in a county jail for not more than six months.
(i)CA Health and Safety Code § 1596.653(i) This section does not apply to the following:
(1)CA Health and Safety Code § 1596.653(i)(1) The transport of minors by any governmental agency or employee.
(2)CA Health and Safety Code § 1596.653(i)(2) The transport of minors under the jurisdiction of the juvenile court.
(3)CA Health and Safety Code § 1596.653(i)(3) The transport of minors by family members or relatives.
(j)CA Health and Safety Code § 1596.653(j) Nothing in this section shall limit any claim for damages or the issuance of any injunction that a parent or child may assert against a transport escort service pursuant to any other
state or federal law or regulation.
transport escort services out-of-state residential facilities minor transport regulations trustline registry parental consent child care provider criminal history checks child protective agency misdemeanor penalties injunctive relief civil action government exemptions family transport exemptions written verification child safety regulations
(Added by Stats. 1999, Ch. 772, Sec. 1. Effective January 1, 2000.)
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.
A childcare resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code shall have the following responsibilities in the administration of the trustline within its local geographic area of service:
(a)CA Health and Safety Code § 1596.655(a) Implement the local elements of the promotion plan designed by the California Child Care Resource and Referral Network pursuant to Section 1596.643 and publicize the availability, purpose, and benefits of the trustline to parents, childcare providers, prospective childcare providers, and institutions and agencies that have frequent contact with parents and providers.
(b)CA Health and Safety Code § 1596.655(b) Cooperate with the California Child Care Resource and Referral Network in promotional and data collection
efforts.
(c)CA Health and Safety Code § 1596.655(c) Report annually to the California Child Care Resource and Referral Network on local promotional efforts, problems encountered, and recommendations for program improvement.
(d)CA Health and Safety Code § 1596.655(d) Ensure that the trustline is accessible to all persons in the state, regardless of their ability to speak English.
(e)CA Health and Safety Code § 1596.655(e) Provide information and technical assistance on the trustline process to parents, childcare providers, and other interested parties.
childcare resource and referral agency trustline administration promotion plan childcare providers California Child Care Resource and Referral Network data collection efforts local promotional efforts program improvement recommendations trustline accessibility non-English speakers technical assistance childcare verification parent outreach childcare service promotion
(Amended by Stats. 2021, Ch. 116, Sec. 242. (AB 131) Effective July 23, 2021.)
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.
(a)CA Health and Safety Code § 1596.656(a) A person 18 years of age or older, who provides child care or child care supervision in an ancillary day care center, as defined in Section 1596.60, shall be registered pursuant to Sections 1596.603 and 1596.605. Nothing in this chapter shall be construed to prevent a person under 18 years of age from being employed in an ancillary day care center.
(b)CA Health and Safety Code § 1596.656(b) Notwithstanding any provision of law to the contrary, if a person 18 years of age or older is denied trustline registration by the department pursuant to Section 1596.605 or 1596.607, or if the department revokes a person’s trustline registration pursuant to Section 1596.608, that person shall be ineligible for employment in a position providing child care or child care supervision in an ancillary day care center.
(c)CA Health and Safety Code § 1596.656(c) If an existing employee providing child care or child care supervision in an ancillary day care center, or a prospective employee seeking employment in a position that provides child care or child care supervision in an ancillary day care center, submits an application to the department to become a registered trustline child care provider, that existing or prospective employee shall be deemed to be in compliance with the requirements of this section and permitted to
work in a position providing child care or child care supervision pending the department’s review of his or her trustline application. The existing or prospective employee shall become ineligible for employment providing child care or child care supervision in an ancillary day care center if the department denies his or her trustline application and any right to appeal the department’s denial has been exhausted or has expired.
(d)CA Health and Safety Code § 1596.656(d) This section shall become operative on January 1, 2011.
Trustline registration child care employment background check ancillary day care employment eligibility Trustline denial revoked registration employment ineligibility prospective employee trustline application operative date 2011 child care supervisor day care job
(Amended by Stats. 2010, Ch. 431, Sec. 2. (AB 222) Effective September 29, 2010. Section initially operative January 1, 2011, by its own provisions.)
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.
Pursuant to Section 3200.5 of the Family Code, a professional supervised visitation provider, as described in that section, shall, beginning January 1, 2021, be registered pursuant to Sections 1596.603 and 1596.605.
professional supervised visitation provider supervised visitation services registration requirements Family Code Section 3200.5 child visitation provider registration service providers January 1 2021 Sections 1596.603 and 1596.605 supervision compliance visitation supervision Supervised Visitation Network California provider registration child custody services professional registration
(Added by Stats. 2019, Ch. 823, Sec. 3. (AB 1165) Effective January 1, 2020.)
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.
(a)CA Health and Safety Code § 1596.66(a) Each license-exempt childcare provider, as defined pursuant to Section 1596.60, who is compensated, in whole or in part, with funds provided pursuant to the Alternative Payment Program, Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code or pursuant to the federal Child Care and Development Block Grant Program, except a provider who is, by marriage, blood, or court decree, the grandparent, aunt, or uncle of the child in care, shall be registered pursuant to Sections 1596.603 and 1596.605 in
order to be eligible to receive this compensation. Registration under this chapter shall be required for providers who receive funds under Section 9858 and following of Title 42 of the United States Code only to the extent permitted by that law and the regulations adopted pursuant thereto. Registration under this chapter shall be required for providers who receive funds under the federal Child Care and Development Block Grant Program only to the extent permitted by that program and the regulations adopted pursuant thereto.
(b)CA Health and Safety Code § 1596.66(b) For the purposes of registration of the providers identified in subdivision (a), the following procedures shall apply:
(1)CA Health and Safety Code § 1596.66(b)(1) Notwithstanding subdivision (a) of Section 1596.603, the provider shall submit the fingerprints and Trustline application to the local childcare resource and referral agency established pursuant to
Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code. The local childcare resource and referral agency shall transmit the fingerprints and completed Trustline applications to the department and address any local problems that occur in the registration system. If a fee is charged by the local childcare resource and referral agency that takes a provider’s fingerprints, the provider shall be reimbursed for this charge by the department, through the local childcare resource and referral agency, from federal Child Care and Development Block Grant funds to the extent that those funds are available.
(2)CA Health and Safety Code § 1596.66(b)(2) The department shall adhere to the
requirements of Sections 1596.603, 1596.605, 1596.606, and 1596.607 and shall notify the California Child Care Resource and Referral Network of any action it takes pursuant to Sections 1596.605, 1596.606, and 1596.607.
(3)CA Health and Safety Code § 1596.66(b)(3) The California Child Care Resource and Referral Network shall notify the applicable local childcare resource and referral agencies, alternative payment programs, and county welfare departments of the status of the Trustline applicants and registered Trustline childcare providers. The network shall maintain a toll-free telephone line to provide information to the local resource and referral agencies, the alternative payment programs, and the childcare recipients of the status of providers.
(c)CA Health and Safety Code § 1596.66(c) This section shall become operative only if funds appropriated for the purposes of this article from Item 6110-196-890 of Section 2 of the Budget Act of 1991 are
incorporated into and approved as part of the state plan that is required pursuant to Section 658(E)(a) of the federal Child Care Block Grant Act of 1990 (Sec. 5082, P.L. 101-508).
license-exempt childcare provider Alternative Payment Program Child Care and Development Block Grant Trustline registration fingerprinting childcare resource and referral agency federal grant reimbursement local childcare agency role provider eligibility childcare compensation requirements family exemption budget conditions state plan approval public childcare funds provider application process
(Amended by Stats. 2021, Ch. 116, Sec. 243. (AB 131) Effective July 23, 2021. Section conditionally operative by its own provisions.)
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.
(a)CA Health and Safety Code § 1596.67(a) To the extent permitted by federal law, each childcare provider, as defined by Section 1596.60, who receives compensation, in whole or in part, under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient, except a provider who is, by marriage, blood, or court decree, the grandparent, aunt, or uncle of the child in care, shall be registered pursuant to Sections 1596.603 and
1596.605 in order to be eligible to receive this compensation. Active Trustline registration is required for providers who receive compensation under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient only to the extent permitted by that law and the regulations adopted pursuant thereto. This section applies only to a license-exempt childcare provider, as defined by Section 1596.60, who registers for payment under Stage 1 of the CalWORKs Child Care Program pursuant to
Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient after the implementation of the Trustline registration system in those programs. A provider, as defined by Section 1596.60, who was exempted from Trustline registration because the provider was not compensated, in whole or in part, with funds provided under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient shall be registered, at no cost to the provider,
pursuant to Sections 1596.603 and 1596.605 when either of the following occur:
(1)CA Health and Safety Code § 1596.67(a)(1) The provider begins to provide childcare to an eligible family for which the provider has not provided care.
(2)CA Health and Safety Code § 1596.67(a)(2) The provider begins to provide childcare to an eligible family subsequent to a lapse in providing care that is compensated under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient.
(b)CA Health and Safety Code § 1596.67(b) Payment provided pursuant to subdivision (a) shall cease if the provider has a criminal conviction for which the department has not granted a criminal record exemption pursuant to subdivision (f) of Section 1596.871.
(c)CA Health and Safety Code § 1596.67(c) Subdivision (a) shall not be implemented unless funding for Trustline registration is appropriated to the department for this purpose in the annual Budget Act or in other legislation. The department shall enter into a contract with the California Child Care Resource and Referral Network to administer the Trustline as it relates to providers who are compensated under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section
10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient.
childcare providers CalWORKs Child Care Program Stage 1 compensation Trustline registration license-exempt provider childcare eligibility criminal conviction Trustline funding payment suspension childcare for recipients California Child Care Resource and Referral Network
(Amended by Stats. 2021, Ch. 116, Sec. 244. (AB 131) Effective July 23, 2021.)
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.
(a)CA Health and Safety Code § 1596.671(a) To the extent required by federal law, each license-exempt childcare provider, as defined in Section 1596.60, who receives compensation, in whole or in part, under the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code, shall be registered pursuant to Sections 1596.603 and 1596.605. Registration shall be at no cost to the provider, and payment of the cost shall be consistent with county policies and procedures for payment of the cost for childcare providers who receive compensation under Stage 1 of the CalWORKs Child Care Program and who register with Trustline pursuant to Section 1596.67.
(b)CA Health and Safety Code § 1596.671(b) Payment provided to a license-exempt childcare provider pursuant
to Section 11461.6 of the Welfare and Institutions Code shall cease if the provider has a criminal conviction for which the department has not granted a criminal record exemption pursuant to subdivision (f) of Section 1596.871.
(c)CA Health and Safety Code § 1596.671(c) Subdivision (a) shall not be implemented unless funding for Trustline registration is appropriated to the department for this purpose in the annual Budget Act or in other legislation.
license-exempt childcare Emergency Child Care Bridge Program Foster Children assistance Trustline registration CalWORKs Child Care Program county policies criminal conviction criminal record exemption funding allocation annual Budget Act provider registration Welfare and Institutions Code childcare provider payment Trustline Section 1596.871
(Added by Stats. 2019, Ch. 27, Sec. 11. (SB 80) Effective June 27, 2019.)
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.
(a)CA Health and Safety Code § 1596.68(a) This chapter shall be operative on July 1, 1998.
(b)Copy CA Health and Safety Code § 1596.68(b)
(1)Copy CA Health and Safety Code § 1596.68(b)(1) Before, on, or after July 1, 1998, the department may adopt regulations to implement this chapter.
(2)CA Health and Safety Code § 1596.68(b)(2) The initial adoption of any emergency regulations for purposes of this chapter following January 1, 1998, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days.
emergency regulations public health and safety July 1 1998 chapter implementation department authority rule adoption immediate preservation public welfare regulations duration 180 days limit
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Note: This section prescribes a delayed operative date (July 1, 1998) for Chapter 3.35, commencing with Section 1596.60.)