Child welfare: transport escort services.

The definition of 'transport escort service' was narrowed. The old version covered any compensated transport where the transit 'includes or results in an overnight stay away from the minor's primary residence.' The enrolled version limits it to 'the transportation of minor passengers for compensation to a residential facility or institution or a youth residential program located in this state.' This significantly reduces which operators fall under the bill's regulation.

Removed the requirement that transport escort services explain to parents the minor's right to make a complaint to a child protective agency concerning abusive treatment (former subdivision (c)(5) of Section 1596.653).

Removed the requirement that transport escort services enroll all drivers in the pull-notice system under Vehicle Code Section 1808.1 to monitor driver records (former subdivision (a) of Section 1596.69).

Removed the incident documentation and reporting requirement that mandated transport escort services document incidents (injuries, medical emergencies, use of restraints, behavioral incidents) and submit copies to the department and parents within 24 hours (former subdivision (d) of Section 1596.69).

Removed the requirement that a transport escort service not operating as a charter-party carrier must comply with paragraph (3) of subdivision (n) of Section 5353 of the Public Utilities Code (former subdivision (f) of Section 1596.69).

Removed the provision allowing the State Department of Social Services to refer violations to the Attorney General for civil enforcement pursuant to Section 1596.692 (former part of subdivision (h) of Section 1596.653).

Removed paragraph (3) of subdivision (n) of Section 5353, which had created a specific exemption pathway for transport escort services that did not operate as charter-party carriers but complied with the Health and Safety Code requirements. Non-compliant services would have been subject to all Public Utilities Code remedies and penalties.

In Section 5353(n)(2)(A), corrected the registration requirement from 'Register as a private carrier with the commission pursuant to Section 4005' to 'Register as a private carrier with the Department of Motor Vehicles pursuant to Division 14.86 (commencing with Section 34680) of the Vehicle Code,' removing the outdated reference to the Public Utilities Commission.

Removed new Section 5380 of the Public Utilities Code, which would have required a transport escort service to obtain a dedicated charter-party carrier of passengers permit from the Public Utilities Commission before operating in the state. This eliminates a separate permitting process.

Narrowed the parent notification requirements (subdivisions (c) and (e) of Section 1596.653) to apply specifically when a minor is transported to a residential facility, youth residential program, or institution located outside the state, rather than applying to all transport escort service operations.

Added a new requirement in Section 1596.69 that a transport escort service must possess authorization to operate as a charter-party carrier of passengers as defined in Section 5360 of the Public Utilities Code, effectively moving the permit requirement from a standalone PUC section into the Health and Safety Code framework.

Changed the parent verification requirement from verifying the trustline registration of 'the transport escort service' (the company) to verifying the trustline registration of 'a person employed or contracted by the transport escort service,' shifting focus to individual workers rather than the entity.

Added two new exemptions: (1) transportation network companies are now explicitly excluded from the definition of transport escort service, and (2) transport of minors in their care by a community care facility as defined in Section 1502 is exempted.

Modified the definition of 'transport escort service' in Section 1596.653 to specify that the transportation must be for compensation to a residential facility or institution or a youth residential program located in this state, clarifying the scope of covered services.

In Section 5353(n)(2)(A), added a requirement to register with the Department of Motor Vehicles pursuant to Division 14.86 (commencing with Section 34680) of the Vehicle Code in addition to registering as a private carrier with the Public Utilities Commission.

The entire proposed Chapter 7 (Sections 1696 through 1696.7) of the Health and Safety Code was deleted. This chapter would have created a separate licensing and regulatory framework under the State Department of Social Services for 'youth transportation companies,' including application requirements, criminal background checks, licensing fees, operational standards, license suspension/revocation procedures, and Attorney General enforcement authority.

The definition of 'transport escort service' in Section 1596.653 was broadened from covering only transport of minors to out-of-state residential facilities or institutions to covering any compensated transportation of minor passengers where the prearranged transit includes or results in an overnight stay away from the minor's primary residence, regardless of whether the destination is in-state or out-of-state.

Assembly Member Krell was added as a coauthor alongside Assembly Member Lee, indicating broader legislative support for the amended version.

A new subdivision (f) was added to Section 1596.69 requiring that a transport escort service that does not operate as a charter-party carrier of passengers must comply with paragraph (3) of subdivision (n) of Section 5353 of the Public Utilities Code, which imposes youth camp transportation requirements including private carrier registration, pull-notice enrollment, bus terminal inspection compliance, and minimum insurance coverage.

A new section was added to amend Section 5353 of the Public Utilities Code, creating a new subdivision (n) that exempts transportation services incidental to youth camp operations from the Passenger Charter-party Carriers Act but imposes specific conditions: registration as a private carrier with the PUC, participation in a pull-notice system for drivers, annual bus terminal inspection compliance, and minimum general liability insurance of $500,000 (vehicles up to 8 passengers) or $1,000,000 (vehicles up to 15 passengers), plus additional umbrella coverage for organized camps ($250,000 or $500,000 respectively).

Section 7539.2 of the Business and Professions Code was expanded to clarify that a private investigator license does not also confer a permit to operate as a charter-party carrier of passengers, and adds language exempting a transport escort service from complying with subdivision (n) of Section 5353.

The state-mandated local program designation changed from 'no' to 'yes,' reflecting that the expanded criminal provisions now impose costs on local agencies. The PUC was also given explicit enforcement authority over violations of the new youth camp transportation requirements.

The bill now regulates 'transport escort services' defined as any person or entity that transports minor passengers for compensation where the transit includes or results in an overnight stay away from the minor's primary residence. This is broader than the Senate version, which only covered companies transporting minors to residential treatment programs, therapeutic boarding schools, wilderness programs, and behavioral modification programs.

Existing Section 1596.653, which previously only applied to out-of-state transports, is amended so its protections apply to all transports of minors by transport escort services regardless of destination. The definition of 'transport escort service' is revised to focus on overnight transit rather than destination type.

Transport escort services must now obtain a charter-party carrier of passengers permit from the Public Utilities Commission (new Section 5380 of the Public Utilities Code). Operating without this permit is a crime.

The restraint prohibition is changed from banning 'mechanical restraints including handcuffs, chains, irons, and straight jackets, or physical restraints' to banning 'behavioral restraints as defined in Section 1180.1,' with an added requirement that any permitted restraints comply with human rights and safety criteria under Section 1180.4.

The written consent requirement now includes a signed acknowledgment that all provider safety, supervision, and program protections apply exclusively within the state of California, which appears to limit the bill's extraterritorial reach.

New exemptions are added: transport by governmental agencies or employees, minors under juvenile court jurisdiction, family members or relatives, and individuals providing private childcare, casual babysitting, or domestic nanny services (if limited to one family, irregular/casual in nature, incidental to caregiving, with parental consent, and without restraints or security personnel).

New Section 7539.2 of the Business and Professions Code clarifies that a private investigator license does not authorize someone to operate as a transport escort service, and operating as a transport escort service does not require a PI license solely for transporting minors.

A new civil action provision allows a minor, parent, or legal guardian to bring suit for injunctive relief or damages against a transport escort service that violates the section. The misdemeanor penalty is specified as a fine of $500 to $5,000 per person affected or up to six months in county jail.

The state-mandated local program designation changes from 'no' to 'yes,' indicating the bill now imposes costs on local agencies that trigger reimbursement obligations under the California Constitution.

Section 1696.5(d) now requires youth transportation companies to submit a copy of all incident reports to the department within 24 hours of the incident occurring, and to provide each parent or guardian a copy of an incident report relating to their child within 24 hours of the incident involving their child. This replaces the prior standard that only required reports be maintained and made available upon request.

The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now has identifiable state fiscal impact requiring fiscal committee review, likely due to the new 24-hour reporting infrastructure requirements placed on the department.

The legislative digest removed a paragraph describing the Continuum of Care Reform and existing law regarding children's crisis residential programs, narrowing the stated context for the bill and removing references to psychiatric hospitalization alternatives.

The bill now creates a complete regulatory regime (the Safe Passage for Youth Act) rather than merely expressing legislative intent. It adds Chapter 7 to Division 2 of the Health and Safety Code with eight sections covering licensing, definitions, exemptions, enforcement, and operational requirements.

The bill title changed from a generic 'An act relating to child welfare' to 'An act to add Chapter 7 (commencing with Section 1696) to Division 2 of the Health and Safety Code, relating to child welfare,' reflecting the new substantive content.

Defines 'youth transportation company' as any business entity transporting a minor to a residential treatment program, therapeutic boarding school, wilderness program, behavioral modification program, or other residential youth placement. Also defines 'minor' as under 18 and 'department' as the State Department of Social Services.

Requires the Department of Social Services to license and regulate youth transportation companies, establish application requirements and criteria, conduct criminal background checks of applicants, and may set operational standards, investigate complaints, issue administrative citations, and impose civil fines.

Requires licensed companies to enroll all drivers in the Vehicle Code pull-notice system, ensure all transport staff complete training in CPR/first aid, child abuse reporting duties, behavioral deescalation, and safe transportation practices, obtain written parental consent before each transport, document incidents, and maintain written safety policies covering food/water access, restroom access, overnight lodging, and delay procedures.

Prohibits use of blindfolds, hoods, or any device to obstruct a minor's vision during transport. Prohibits mechanical or physical restraints except when necessary to prevent imminent serious physical harm and less restrictive alternatives are unavailable. Prohibits using restraints as punishment, for staff convenience, or as a substitute for supervision.

Prohibits picking up a minor for transport between 9:00 p.m. and 6:00 a.m.

Authorizes the department to establish a reasonable licensing fee capped at the cost of administering and enforcing the chapter. The fiscal note changed from 'no' to 'yes,' indicating a new state fiscal impact was identified.

Creates six exemptions from the licensure requirement: county child welfare agencies, licensed child daycare facilities transporting children in their care, nonemergency medical transportation providers, emergency ambulance providers, law enforcement and juvenile justice entities transporting individuals in custody, and parents/legal guardians/family members.

Authorizes the department to review, suspend, or revoke licenses based on criminal investigations, law enforcement reports of endangerment, credible complaints of abuse or neglect, or failure to comply with program requirements. Authorizes the Attorney General to bring superior court actions against unlicensed operators or those with repeated or egregious violations, seeking civil penalties, specific performance, injunctive relief, orders prohibiting operation in the state, and attorney's fees.