SB 358 - Babysitting
By Deborah Dentler, Attorney
Prior to passage of a new state law, which came into effect January 1, 2006, foster parents could not ask even their most trusted friends and relatives to babysit their children for short periods, unless the sitter was fingerprinted in advance and met medical and training requirements. This rule forced foster parents to chose between staying home or hiring strangers to watch their children. Child SHARE, an early proponent of the new law, believes it will help attract and retain good foster parents, and will dignify and simplify foster family life.
The new foster parent “short-term babysitting” law (officially, Senate Bill 358, which amended existing statutes pertaining to fingerprinting) took effect January 1, 2006.
This new law says foster parents may use their own “best judgment” in deciding who may babysit their foster children for short periods, even if they are not fingerprinted. The law says, “Caregivers shall use a prudent parent standard in selecting appropriate individuals to act as appropriate occasional short-term babysitters.”
24 hours is the maximum period a non-fingerprinted sitter can care for your foster child. A non-fingerprinted sitter can only watch your children “occasionally.” Exactly what “occasional” babysitting means, the law does not say. Fingerprinting rules remain unchanged for paid child care providers, nannies, and “au pairs.” If you hire the same sitter consistently every week while you go to a standing appointment, your sitter should be fingerprinted. If a relative cares for your foster child on a pre-scheduled basis, such as daily, twice weekly, or even every Saturday, a background check is still required. This makes good sense, both for the safety of your foster child and for your own legal protection.
The law requires you to use good (“prudent”) judgment in selecting a sitter who is appropriate to meet your children’s needs. You and your FFA or child’s social worker might disagree on what is “prudent.” When in doubt, ask a lawyer for guidance.
Can you leave your kids with a non-fingerprinted sitter while you take a cruise or attend a weekend conference? Probably not. What if you must suddenly leave town to attend to a sick relative for a few days? Go ahead, if you can come home for a couple of hours in every 24-hour period to relieve or assist your sitter. Families taking a joint vacation or a cruise might arrange to bring along a trusted but non-fingerprinted relative. Unusual arrangements such as these should be put in writing in advance to the child’s social worker and attorney.
Bottom line: never leave your foster child with an non-fingerprinted sitter for more than a 24-hour period at a time, and never at all with someone you don’t know and trust. If an accident, injury, or allegation of abuse/neglect arises while your foster children are cared for by a fingerprinted adult, you will be far better protected against legal and financial consequences.
The new law applies to county-licensed and FFA-certified foster parents alike. Your agency cannot require you to comply with more restrictive babysitting rules of its own devising. For instance, your FFA cannot adopt a policy that defines a short overnight trip lasting less than 24 hours to be “respite care” requiring you to use a sitter on a list. Subsection (f) of the statute (WIC § 362.04) forbids that. Nor can your FFA define for itself what “occasional” means.
Find the law at: CA Welfare and Institutions Code section 362.04, and Health and Safety Code section 1522.
Also, the state’s Community Care Licensing website will announce babysitting rules and guidelines on their website.
Note: Legal opinions expressed are the columnist’s alone, not Child SHARE’s, and nothing in this column is intended to substitute for professional legal advice for a specific situation. Child SHARE Newsletter Insert for August, 2006.
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