SB1190 - Child welfare: transport escort services.

Amended IN Assembly August 13, 2026 Amended IN Assembly July 02, 2026 Amended IN Assembly June 23, 2026 Amended IN Senate April 13, 2026 Amended IN Senate March 25, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1190 Introduced by Senator Grove (Coauthors: Assembly Members Krell and Lee) February 19, 2026 An act to add Section 7539.2 to the Business and Professions Code, to amend Section 1596.653 of, and to add Sections 1596.69, 1596.691, and 1596.692 to, the Health and Safety Code, and to amend Section 5353 of the Public Utilities Code, relating to child welfare. LEGISLATIVE COUNSEL'S DIGEST SB 1190, as amended, Grove. Child welfare: transport escort services. (1) Existing law prohibits a transport escort service from accompanying or transporting 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 childcare providers. Existing law also requires 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 to first provide the minor’s parents, custodial parent, or legal guardian with specified information, including, among others things, a description of the childcare provider trustline registry. Existing law makes a violation of these provisions a misdemeanor. This bill, the Safe Passage for Youth Act, would expand those provisions relating to transport escort services to apply when accompanying or transporting a minor, without regard to whether the destination is an out-of-state residential facility or institution. The bill would revise the definition of a “transport escort service” and also make these provisions inapplicable to the transport of minors by a transportation network company, minors in the care of a community care facility, or an individual providing private childcare, casual babysitting, or domestic nanny services, if certain conditions are met. The bill would also require a transport escort service accompanying or transporting a minor to an out-of-state facility to provide the minor’s parents with specified information, including an explanation of how a parent may obtain more information about the childcare provider trustline registry. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would also impose various additional requirements and restrictions on transport escort services, including, among other things, a requirement that they maintain written policies governing the safety and welfare of minors and a prohibition on using behavioral restraints unless it is necessary to prevent imminent, serious physical harm and less restrictive alternatives are not available. The bill would authorize the Attorney General to bring an action in superior court to enforce these provisions if a transport escort service engages in repeated or egregious violations of any of the above provisions. The bill would require a transport escort service that does not operate as a charter-party carrier of passengers to comply with certain requirements applicable to transportation services incidental to the operation of a youth camp, and would authorize the Public Utilities Commission to enforce a violation of this provision and the above-described requirements and restrictions, as specified. (2) Existing law, the Private Investigator Act, provides for the license and regulation of private investigators, as provided. The act defines private investigator to mean a person who engages in business or accepts employment to furnish any person to protect persons or investigation for the purposes of obtaining information, as specified. Under this bill, a private investigator license issued under the act would not constitute or confer a permit to operate as a transport escort service or a charter-party carrier of passengers and would not be construed as exempting a transport escort service from certain requirements applicable to transportation services incidental to the operation of a youth camp. service. Under the bill, a transport escort service would not be required to hold a private investigator license under the act solely by reason of transporting or accompanying a minor. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Safe Passage for Youth Act. SEC. 2. Section 7539.2 is added to the Business and Professions Code, to read: 7539.2. (a) A private investigator license or registration issued pursuant to this chapter does not constitute or confer a permit to operate as a transport escort service or as a charter-party carrier of passengers, as defined in Section 5360 of the Public Utilities Code, and shall not be construed as exempting a transport escort service from complying with the requirements of subdivision (n) of Section 5353 of the Public Utilities Code. service. (b) Nothing in this chapter shall be construed to require a transport escort service, as defined in Section 1596.653 of the Health and Safety Code, to hold a private investigator license or registration under this chapter solely by reason of transporting or accompanying a minor. A transport escort service that performs investigative functions subject to licensure under this chapter shall obtain a private investigator license or registration as required by this chapter for those functions. SEC. 3. Section 1596.653 of the Health and Safety Code is amended to read: 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. (b) As used in this section: (1) “Department” means the State Department of Social Services. (2) (1) “Minor” means any person under 18 years of age. (3) (2) “Transport escort service” means any person, partnership, association, corporation, or private entity that engages in, advertises for, or holds itself out as providing, the transportation of minor passengers for compensation, where the prearranged transit includes or results in an overnight stay away from the minor’s primary residence. compensation to a residential facility or institution or a youth residential program located in this state. (c) Every transport escort service that accompanies or transports a minor who is a resident of California to a residential facility, youth residential program, 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 childcare provider trustline registry established pursuant to this chapter that provides criminal history checks on childcare providers. (2) An explanation of how a parent may obtain more information about the childcare 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 childcare providers. (4) An explanation of how the parent may verify the trustline registration of a person employed or contracted by 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 If the minor is transported to a facility located outside the state, 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 unless every person employed or contracted by the transport escort service to accompany or transport the minor is a trustline-registered childcare provider. (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. The department may refer violations of this section to the Attorney General for civil enforcement pursuant to Section 1596.692. (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. (4) Transportation network companies. (5) The transport of minors in their care by a community care facility as defined in Section 1502. (4) (6) The transport of minors by an individual providing private childcare, casual babysitting, or domestic nanny services, if all of the following criteria are satisfied: (A) The childcare arrangement is limited to the care of the children of one family in addition to the provider’s own children. (B) The services are irregular, intermittent, or casual in nature, or are performed by an individual whose primary commercial vocation is not the specialized transit or custodial escort of minors. (C) Any transportation provided to the minor is occasional and strictly incidental to general caregiving responsibilities. (D) The transit is executed with the prior written or verbal consent of the parent or legal guardian, and does not utilize physical restraints, mechanical restraints, or any security personnel or third-party contractors operating for compensation. (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. SEC. 4. Section 1596.69 is added to the Health and Safety Code, immediately following Section 1596.68, to read: 1596.69. A transport escort service, as defined in Section 1596.653, shall do all of the following: (a) Enroll all drivers in the pull-notice system established by Section 1808.1 of the Vehicle Code in order to monitor driver records. (a) Possess authorization to operate as a charter-party carrier of passengers as defined in Section 5360 of the Public Utilities Code. (b) Ensure that all individuals involved in transporting minors complete training that addresses, at a minimum, all of the following: (1) First aid and cardiopulmonary resuscitation (CPR) training and certification. (2) Duties imposed under the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). (3) Behavioral deescalation techniques. (4) Safe transportation practices. (c) Prior to transporting a minor, obtain written consent from the parent or legal guardian of the child and maintain documentation that written consent was obtained, including a signed acknowledgment that all provider safety, supervision, and program protections apply exclusively within the state of California. The documentation shall include authorization for transportation, identification of the destination, and contact information for the transport escort service. (d) Document incidents occurring during transportation including, but not limited to, injuries, medical emergencies, use of physical restraints, and behavioral incidents, and maintain incident reports. A youth escort service shall submit a copy of all incident reports to the department within 24 hours of the incident occurring and shall provide each parent or guardian a copy of an incident report relating to their child within 24 hours of the incident involving their child occurring. (e) (d) Maintain written policies governing the safety and welfare of minors during transport. The policies shall address, at a minimum, access to food and water, access to restroom facilities, lodging when overnight transport occurs, and procedures for delays or itinerary changes. (f) If the transport escort service does not operate as a charter-party carrier of passengers, as defined in Section 5360 of the Public Utilities Code, comply with paragraph (3) of subdivision (n) of Section 5353 of the Public Utilities Code. SEC. 5. Section 1596.691 is added to the Health and Safety Code, immediately following Section 1596.69, to read: 1596.691. A transport escort service, as defined in Section 1596.653, shall not do either of the following: (a) Use any of the following during transport: (1) Blindfolds. (2) Hoods. (3) A device to obstruct a minor’s vision. (4) (A) Except as described in subparagraph (B), behavioral restraints, as defined in Section 1180.1. (B) Behavioral restraints may be used while transporting a minor if it is necessary to prevent imminent, serious physical harm and less restrictive alternatives are not available. Restraints shall not be used pursuant to this subparagraph as a punishment, for staff convenience, or as a substitute for supervision of minors, and shall comply with the human rights and safety criteria established under Section 1180.4. (b) Pick up a minor for transport between the hours of 9:00 p.m. and 6:00 a.m. SEC. 6. Section 1596.692 is added to the Health and Safety Code, immediately following Section 1596.691, to read: 1596.692. The Attorney General may bring an action in superior court to enforce Sections 1596.653, 1596.69, and 1596.691 if a transport escort service engages in repeated or egregious violations of the conduct standards in Sections 1596.69 and 1596.691. The Attorney General may seek the recovery of civil penalties, and shall be entitled to specific performance, injunctive relief, and other equitable remedies a court deems appropriate for enforcement of this chapter, including, but not limited to, an order prohibiting the company from operating within the state. The Attorney General shall be entitled to recover attorney’s fees and costs incurred in remedying each violation. SEC. 7. Section 5353 of the Public Utilities Code is amended to read: 5353. This chapter does not apply to any of the following: (a) Transportation service rendered wholly withi [Text truncated for display. Full text available on Congress.gov.]