Child welfare: transport escort services

The Safe Passage for Youth Act adds protections for minors being transported to residential facilities or youth residential programs, including limits on restraints and overnight pickups. It also gives families and the Attorney General new enforcement tools.

What the law does ​

• Requires transport escort services to use trustline-registered childcare providers, obtain written parental or guardian permission, and hold charter-party carrier authorization.
• Requires staff training in first aid, CPR, child-abuse reporting duties, deescalation, and safe transportation.
• Requires written safety policies covering food, water, restrooms, overnight lodging, and travel delays or itinerary changes.
• Requires extra trustline-registry disclosures and written confirmation of receipt when a California minor is taken to an out-of-state facility.
• Bans blindfolds, hoods, and other vision-obstructing devices, generally bars behavioral restraints except to prevent imminent serious physical harm when no less restrictive option is available, and bars pickups between 9 p.m. and 6 a.m.
• Allows parents, guardians, and minors to seek damages or injunctions; makes violations misdemeanors; and authorizes the Attorney General to pursue penalties and court orders for repeated or egregious violations.
• Exempts government and juvenile-court transport, family transport, transportation network companies, certain community care facility transport, and qualifying incidental childcare transportation.
• Clarifies that a private investigator license neither authorizes transport escort operations nor is required solely to transport or accompany a minor.

Who it affects ​

• Paid transport escort companies and their employees or contractors.
• Minors transported to residential facilities, institutions, or youth residential programs, and their parents or legal guardians.
• Community care facilities, transportation network companies, and childcare providers covered by specified exemptions.

Breakdown ​

Rules for Youth Transport Escort Services ​

The Safe Passage for Youth Act expands California’s rules for transport escort services so they apply whenever these services accompany or transport a minor, not just when taking a minor to an out-of-state residential facility. It updates the definition of a transport escort service, adds safety and restraint limits, and gives the Attorney General enforcement authority for repeated or serious violations. It also excludes certain transportation and caregiving arrangements when specified conditions are met.

Key takeaways

• Transport escort service rules and related misdemeanor penalties now apply to transporting or accompanying minors generally, rather than only to trips involving out-of-state residential facilities or institutions.
• The bill revises the definition of a transport escort service and excludes transportation network companies, community care facilities transporting minors in their care, and certain private childcare, babysitting, and nanny arrangements when required conditions are met.
• Services taking a minor to an out-of-state facility must give the minor’s parents specified information, including how to get more information about the childcare provider trustline registry.
• Transport escort services must maintain written policies addressing minors’ safety and welfare.
• A service may use behavioral restraints only when needed to prevent imminent, serious physical harm and when less restrictive alternatives are unavailable.
• The Attorney General may seek enforcement in superior court against a transport escort service for repeated or egregious violations.

Transport Escort Licensing ​

The bill separates transport escort services from private investigator licensing rules. A private investigator license does not authorize a business to operate a transport escort service, and a transport escort service does not need a private investigator license solely because it transports or accompanies a minor.

Key takeaways

• A private investigator license does not serve as a permit to operate a transport escort service.
• Transport escort services are not required to obtain a private investigator license solely for transporting or accompanying a minor.
• The bill clarifies that transporting or accompanying a minor alone does not make a transport escort service subject to private investigator licensing.

No State Reimbursement Required ​

This part states that local agencies and school districts do not have to be reimbursed for costs created by the bill. The bill relies on a specified legal reason to make state reimbursement unnecessary.

Key takeaways

• The bill does not require the state to reimburse local agencies or school districts for costs imposed by this act.
• California normally reimburses certain state-required local costs through established procedures.
• The digest states that a specified reason supports the decision not to provide reimbursement.