Since January 1, 2022, all California organizations serving youth, including churches, have been required to meet minimum safety standards for the protection of children. These requirements include mandatory criminal background checks through the LiveScan program overseen by the Department of Justice (DOJ), mandatory reporter training, and the adoption of policies that ensure the organization is taking all reasonable steps to protect the children it serves (more information on the requirement can be found here).
Registering with the DOJ to receive criminal background check data involves personal and sensitive information, and the DOJ has instituted strict guidelines on how youth service organizations are to store and maintain this information. Churches are not exempt from these requirements and will be audited by the DOJ specifically to ensure that the storage and maintenance of the LiveScan data is secure.
Failure to comply with the storage and maintenance requirements may result in penalties, including fines up to $10,000 per violation, misdemeanor charges, and even jail time.
What exactly is the DOJ looking for in these audits? The focus of the audit is rather narrow: rather than confirming that the child safety requirements have been met, auditors will confirm that the church is handling its LiveScan data properly. Specifically, auditors will look at signed authorizations and participant tracking.
Signed Authorizations
Organizations must have a written and signed authorization from everyone monitored through LiveScan and those authorizations must be renewed annually. If a church does not have annually renewed authorizations, it does not have legal authority to continue monitoring someone through subsequent arrest notifications.
Active Participants
The DOJ will be checking to make sure organizations are only monitoring participants who are still actively serving the church. If a church continues to monitor a former employee or volunteer, it is unlikely to pass the audit and may be subject to penalties.
The DOJ has already begun auditing California churches and has confirmed it will complete audits of 100 percent of California churches to ensure compliance with the LiveScan requirements. The audit is not optional, and there are no religious exemptions as there are with other aspects of government involvement with churches and religious organizations.
If your church has not registered with the DOJ to receive LiveScan data, or has not adopted the required policies and procedures required for the protection of children, we encourage you to contact our office for assistance with registration or compliance.
