CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 1596.60-1596.68
 
 
 
 
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 the
application package to the department. The agency taking the
fingerprints shall inscribe the serial number from the identification
card described in Section 1596.601 on the fingerprint cards.
 (b) A law enforcement agency or other local agency authorized to
take fingerprints may charge a reasonable fee to offset the costs of
fingerprinting for the purposes of this chapter.
 (c) 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) 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.
 
 
 
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) 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) (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) 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 Section
1596.871.
 (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 a
licensed facility.
 (5) The department may deny the application for registration of
the trustline applicant if it discovers that it had previously denied
the trustline applicant's application for a license from the
department or certificate of approval to be a certified family home.
 
 (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) 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.
 
 
 
1596.608. (a) (1) The department may revoke a provider's trustline
registration for any of the following:
 (A) Procuring trustline registration by fraud or
misrepresentation.
 (B) Knowingly making or giving any false statement or information
in conjunction with the application for issuance of trustline
registration.
 (C) Criminal conviction unless an exemption is granted pursuant to
Section 1596.871.
 (D) Incident of child abuse or neglect or other conduct that poses
a threat to the health and safety of any person who is or may become
a client.
 (2) The hearing to revoke the trustline registration shall be
conducted in accordance with Section 1596.887.
 (b) The trustline provider's registration shall be considered
forfeited under the following conditions:
 (1) The trustline provider has had a license or certificate of
approval revoked, suspended, or denied as authorized under Section
1534, 1550, 1568.082, 1569.50, or 1596.885.
 (2) The trustline provider has been denied employment, residence,
or presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1558, 1568.092, 1569.58,
or 1596.8897.
 (3) The trustline provider fails to maintain a current mailing
address with the department.
 
 
 
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) The maximum fee shall not exceed the total actual costs of all
of the following:
 (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) The cost incurred by the Department of Justice for the
searches of the records of the Federal Bureau of Investigation.
 (3) The information and technical assistance provided by the
California Child Care Resource and Referral Network to parents,
providers, and employment agencies.
 (4) The implementation by the local child care resource and
referral programs of the trustline program.
 (5) The cost to the department to process the applications and
maintain the trustline registry.
 
 
1596.615. 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.
 
 
 
1596.62. (a) (1) The Department of Justice shall maintain and
continually update an index of reports of child abuse by, and
pertinent criminal convictions of, providers and shall inform the
department of subsequent reports received from the child abuse index
pursuant to Section 11170 of the Penal Code and the criminal history.
 The department shall continually update the trustline registry
pursuant to the actions required in Section 1596.607.
 (2) The trustline applicant and registered trustline provider
shall inform the department of any new mailing address in writing
within 10 days of the change in address.
 (b) The department shall provide the California Child Care
Resource and Referral Network with a continually updated record of
the trustline applicants, trustline applicants that the department
denied, the registered trustline child care providers, and providers
whose registration that the department revoked.
 (c) Notwithstanding any other law, including Part 3 (commencing
with Section 900) of Division 3.6 of Title 1 of the Government Code,
state officers or employees shall not be liable for any damages
caused by their conduct pursuant to this chapter except for
intentional acts or gross negligence.
 (d) On July 1, 1998, the Department of Justice shall transfer all
trustline application and registration material to the department.
The department shall be responsible for all pending applications and
hearings and shall transfer all trustline application and
registration information.
 
 
 
1596.63. 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.
 
 
 
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) 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.
 
 
 
1596.643. (a) The California Child Care Resource and Referral
Network shall have the following responsibilities:
 (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) 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) Monitor and provide assistance to the child care resource and
referral agencies in carrying out their trustline responsibilities.
 (4) Seek private financial support for the trustline.
 (5) Ensure that the trustline is accessible to all persons in the
state, regardless of their ability to speak English.
 (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.
 
 
 
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 State
Department of Education, 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 child care providers for whom trustline applications
are denied are still providing care when denial letters are sent to
them.
 
 
 
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) Any violation of this section is a misdemeanor and shall be
punishable by a fine of one hundred dollars ($100).
 
 
 
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) As used in this section:
 (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) "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 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) A description of the child care provider trustline registry
established pursuant to this chapter that provides criminal history
checks on child care providers.
 (2) An explanation of how a parent may obtain more information
about the child care provider trustline registry.
 (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) 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 a
child protective agency concerning abusive treatment by the transport
escort service.
 (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) 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) 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) 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) 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) This section does not apply to the following:
 (1) The transport of minors by any governmental agency or
employee.
 (2) The transport of minors under the jurisdiction of the juvenile
court.
 (3) The transport of minors by family members or relatives.
 (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.
 
 
1596.655. A child care resource and referral agency established
pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of
Part 6 of the Education Code shall have the following
responsibilities in the administration of the trustline within its
local geographic area of service:
 (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, child care providers,
prospective child care providers, and institutions and agencies that
have frequent contact with parents and providers.
 (b) Cooperate with the California Child Care Resource and Referral
Network in promotional and data collection efforts.
 (c) Report annually to the California Child Care Resource and
Referral Network on local promotional efforts, problems encountered,
and recommendations for program improvement.
 (d) Ensure that the trustline is accessible to all persons in the
state, regardless of their ability to speak English.
 (e) Provide information and technical assistance on the trustline
process to parents, child care providers, and other interested
parties.
 
 
1596.66. (a) Each license-exempt child care 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,
Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 of
the Education 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) For the purposes of registration of the providers identified
in subdivision (a), the following procedures shall apply:
 (1) Notwithstanding subdivision (a) of Section 1596.603, the
provider shall submit the fingerprints and trustline application to
the local child care resource and referral agency established
pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of
Part 6 of the Education Code. The local child care 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 child care resource and referral agency that takes a
provider's fingerprints, the provider shall be reimbursed for this
charge by the State Department of Education, through the local child
care resource and referral agency, from federal Child Care and
Development Block Grant funds to the extent that those funds are
available.
 (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) The California Child Care Resource and Referral Network shall
notify the applicable local child care resource and referral
agencies, alternative payment programs, and county welfare
departments of the status of the trustline applicants and registered
trustline child care 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
child care recipients of the status of providers.
 (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).
 
 
1596.67. (a) To the extent permitted by federal law, each child
care 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 Article 15.5 (commencing with Section
8350) of Chapter 2 of Part 6 of the Education Code, for providing
child care 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 Article 15.5 (commencing with Section
8350) of Chapter 2 of Part 6 of the Education Code, for providing
child care 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 child care provider, as
defined by Section 1596.60, who registers for payment under Stage 1
of the CalWORKs Child Care Program pursuant to Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code, for providing child care 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 Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code, for providing child care 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) The provider begins to provide child care to an eligible
family for which he or she has not provided care.
 (2) The provider begins to provide child care 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 Article
15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code, for providing child care for a recipient or former
recipient.
 (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) 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 Article 15.5 (commencing with
Section 8350) of Chapter 2 of Part 6 of the Education Code, for
providing 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 may
adopt regulations to implement this chapter.
 (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.