Section 1596.653 Of Chapter 3.35. Child Care Provider Registration From California Health And Safety Code >> Division 2. >> Chapter 3.35.
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.