The Child Performer Protection Act was spearheaded by Bizparentz Foundation in an effort to keep child performers safe from sex offenders. The law does two things:
- requires all those who work as service providers to children in the entertainment industry to obtain a permit from the Department of Labor. This includes all managers, publicists, photographers, acting coaches, summer camp counselors and more. To get a permit, the provider will need a LiveScan (FBI level) fingerprint clearance. The law creates a database of cleared providers so that parents can more easily research the people working with their children.
- makes it a crime for anyone with a previous sex offense to work with children in the industry. Prior to this law, convicted sex offenders were able to simply exit prison and get right back into our industry as managers, publicists and teachers. Bizparentz was championing the cause of of child safety in the entertainment industry long before #metoo joined the chorus, but we are truly grateful for their voices. We believe in taking #metoo one more step to prevention — to #nomorevictims.
- Always be mindful that while this law is intended to protect children, it is just a tool. Unfortunately, not all offenders have been previously arrested, so not all offenders will be identified. Use this tool, and continue to follow all other safety recommendations (parent present 24/7, etc)..
California AB 1660 (2011-2012) Child Performer Protection Act
Bill AB 1660 became a law when it was signed by Governor Brown on September 27, 2012.
The Department of Industrial Relations (DIR) – Division of Labor and Standards Enforcement (DLSE) – is the government entity responsible for providing the structure and system for issuing the Child Performer Services permits. The link will take you to an entire page of information and FAQ’s about this process.
One of the most critical pieces of information is WHO is required to get this permit. FAQ #5 provides the following direction:
Specified services include one or more of the following provided for the purposes of securing employment as an artist or performer, for a fee, to those under 18 years of age (minors).
- Providing still photography, digital photography, video, and film services to a minor for use as an artist or performer
- Managing or directing the development or advancement of the minor’s career as an artist or performer
- Career counseling, career consulting, vocational guidance, aptitude testing, evaluation, or planning, as these services relate to the preparation of the minor for employment as an artist or performer.
- Public relations services or publicity, or both, including arranging personal appearances, developing and distributing press packets, managing fan mail, designing and maintaining Internet web sites, and consulting on media relations for an artist or performer under 18 years of age.
- Instruction, evaluation, lessons, coaching, seminars, workshops, or similar training as an artist, including but not limited to acting, singing, dance, voice, or similar instruction services for minor who is seeking to secure employment as an artist or performer
- Owners, directors, and employees including camp counselors, coaches, and instructors of a camp in which any portion of the camp includes any services described in the previous bullet points.
Who is NOT required to have this permit? FAQ # 6 indicates:
Permits are not required for the following:
- The use, exhibition or employment of performers under 18 years of age (minors) at any church, academy or school (including dancing schools) as part of regular services or activities or in annual graduation exercises.
- Performances taking place away from the school campus when the activity is under the direction, control, or supervision of the Department of Education (for instance, if minors perform at a convalescent home as part of a school-organized activity).
- Providing still photography, digital photography, video, and film services for a minor engaged in activities described in the two preceding bullet points, or for private home use.
- Persons licensed as talent agents, as specified in Chapter 4 of the Labor Code (beginning with section 1700), or operating under the license of a talent agent.
- Studio Teachers certified by the Labor Commissioner’s Office, as defined in section 11755 of Title 8 of the California Code of Regulations
- A person whose contact with minors is restricted to locations where either by law or regulation, the minor must be accompanied at all times by a parent of guardian and the parent or guardian must be within sight or sound of the minor. BizParentz NOTE: THIS DOES NOT MEAN THAT ANY BUSINESS THAT REQUIRES THE PARENT TO BE PRESENT IS EXEMPT. The law specifically states “either by law or regulation”. The ONLY place where law or regulation requires a parent’s presence is on a set, in an employment situation, where a studio teacher would also be present!!
- A person who has only incidental and occasional contact with minors (physical presence within 10 feet of a minor artist who is unaccompanied by an adult for not more than 10 minutes at a time, and not more than two occurrences within any seven-day period). This exemption does not apply if the person works directly with minors, has supervision or disciplinary power over them, or receives a fee. Bizparentz NOTE: This provision in the law is designed for casting directors who typically see a child for less than 10 minutes in an audition–employment interview–situation.
Penalties – See FAQ #19
A note to service providers: We invite you to be one of the good guys and get your permits! Doing so will give parents the confidence they need to entrust you with their children.
The penalty for violating this law is that you will be guilty of a misdemeanor punishable by a fine of up to $10,000, by imprisonment in a county jail for up to one year, or by both the fine and imprisonment.
Please find below the documents, versions, analyses and other information that accompanied this bill into law.
This law is designed to be preventative. Two things need to happen in tandem for this law to keep kids safe:
- Service providers need to register.
- Parents need to check current potentional team members (teachers, managers, publicists, photographers, etc), and NEVER work with those who do not hold a permit.
This article was written in 2018, and it was the catalyst for change. Today, there are more than enough service providers, literally hundreds, who have permits. Parents should only use those service providers cleared by the State!
Still have questions about how to get a permit, or enforcement of the law? Contact the California Department of Labor Standards Enforcement at this email: CPSLicensing@dir.ca.gov.