California Health and Safety Code 1596.653 – (a) It is the intent of the Legislature to protect the …
(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:
Terms Used In California Health and Safety Code 1596.653
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: includes city and county. See California Health and Safety Code 14
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- department: means State Department of Health Services. See California Health and Safety Code 20
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(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.
(Added by Stats. 1999, Ch. 772, Sec. 1. Effective January 1, 2000.)