Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including a variety of facilities providing care and services to children, such as children’s crisis residential programs and short-term residential therapeutic programs, by the State Department of Social Services.

This bill, the Safe Passage for Youth Act, would require the department to license and regulate youth transportation companies operating in California. The bill would require the department to establish application requirements and criteria for licensure and to conduct criminal background checks of applicants, and certain other individuals, as specified. The bill would authorize the department to establish a reasonable licensing fee that is no more than the amount necessary to cover the cost of administering and enforcing the act. The bill would, except as specified, prohibit a youth transportation company from operating in California without a license and impose various requirements and restrictions on youth transportation companies licensed pursuant to these provisions, including, among other things, a requirement that they maintain written policies governing the safety and welfare of minors and a prohibition on using restraints unless it is necessary to prevent imminent, serious physical harm and less restrictive alternatives are not available. The bill would authorize the department to review, suspend, or revoke a license under certain circumstances and authorize the Attorney General to bring an action in superior court to enforce the provisions of the act if a youth transportation company fails to obtain licensure as required or engages in repeated or egregious violations of the act.