CALIFORNIA DISTRICT 51
New California Background Check Law
The text of the new law is contained in Business and Professions Code section 18975, which is available here.
Some of the key provisions of the bill include the following:
- The new law took effect January 1, 2022.
- The law requires administrators and “regular volunteers” to complete child abuse and neglect reporting training [BPC § 18975(a)]. “Regular volunteers” are those 18 years of age or older who have direct contact with, or supervision of, children for more than 16 hours per month or 32 hours per year. The free online training is available at:
- The law requires administrators and regular volunteers to be Live Scan (fingerprint) background checked [BPC § 18975(b)][Penal Code 11105.3]
- The law requires policies to ensure the reporting of suspected incidents of child abuse to persons or entities outside of the organization [BPC § 18975(c)(1)].
- The law mandates policies requiring, “to the greatest extent possible,” the presence of at least two “mandated reporters” whenever administrators, employees, or volunteers are in contact with, or supervising, children [BPC § 18975(c)(2)]. A “mandated reporter” is an administrator or employee of a public or private youth center, youth recreation program, or youth organization [Penal Code section 11165.7(a)(7)].
- The law provides that an insurer can require proof of compliance with the law before writing liability insurance for the organization [BPC § 18975(d)].