BizParentz Foundation

Supporting families of children working in the entertainment industry

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. 
 
For full text of the chaptered bill read here.
 
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:

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 of 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
  • 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.

Penalties - See FAQ #19

What happens if I continue to provide covered services without a CPS permit or after my application has been denied?

You will be guilty of a misdemeanor punishable by a fine of up to ten thousand dollars, by imprisonment in a county jail for up to one year, or by both the fine and imprisonment.

 
For the many parents and industry providers who supported this bill, today is a reason to be very proud.  But now the work begins.  The work to educate both the providers and the consumers of the legal requirements.
 
Please find below the documents, versions, analyses and other information that accompanied this bill into law.
 

 

Instructions on obtaining a Child Performer Services Permit   

 

 
Click Me!
                                                                                                                                                                                      Updated 02/16/2012

 

 

AB 1660 (Campos)

Child Performer Protection Act


The Problem                                                            

 

 
Hollywood is a unique environment. The entertainment industry can be a prime profession for pedophiles and child molesters because it is a common practice for children to be in the company of adults who are not their parents, have photos taken by strangers in order to obtain work, and befriend adults who can aid in their professional growth. Child predators can easily work as professional photographers, managers or talent agents and use their job to lure unassuming children and parents to trust them.
 
Sadly, recent news reports reveal the concerns about pedophiles in the entertainment industry are not just Hollywood sensationalism. Two Managers have been arrested in the last month of 2011 for child-abuse related offenses.
 
Pedophiles and child molesters have a profile of questionable behavior, which accompanies their day-to-day life. Some of those characteristics include, collecting exploitive child photos, working in environments where they have access to children and befriending families and friends of children to gain their trust. While not all people who have these characteristics are pedophiles, many of the tactics used by pedophiles can be disguised through certain types of professions.
 
Although the majority of child managers, modeling and acting agencies are legitimate, there are still loopholes within the law that make it very easy for a predator to gain access to children under false pretenses.
 
 

 

The Solution                                                             
 
 
 
Proposed Legislation: This bill would require any person who represents artists who are minors and whose job requires them to be unsupervised with children, to submit his or her name and a fee to the Labor Commissioner to permit screening of that individual to determine if he or she is a registered sex offender. No person who is identified as a sex offender under this procedure would be permitted to represent artists who are minors. It would exclude licensed talent agents, who are already subject to regulation under the Talent Agents Act, LC 1700, and studio teachers, who are subject to the rigorous Teacher Credentialing Standards of the Education Code.

 

Existing Law: Existing law only applies to licensed talent agents, where it requires that applicants for the license provide their business history and financial information along with fingerprints and affidavits from personal references. This bill would extend similar requirements to others who also work with children in entertainment.
 
 
Prior Legislation____________________________
 
AB 2072 (Montanez), Legislation of 2006, was a similar bill which passed out of the Assembly but was held in the Senate Appropriations Committee.
 
Support                                                                        
 
BizParentz (Sponsors)
 
Opposition                                                                   
 
None Known
 
For More Information                                                 
 
Contact: Dana Mitchell, (916) 319-3453

 
 
News articles detailing a few relevant arrests and convictions