As of January 2022, on the heels of widespread child abuse allegations in the nonprofit sector, all organizations meeting the definition of a “youth service organization” must take certain steps to ensure that children are protected while participating in organizational activities. The definition of a “youth service organization” under the law is especially broad and includes all organizations that employ or utilize the services of any individual classified as a mandated reporter under California’s penal code. Given that the list of mandated reporters in California is exceptionally inclusive, this generally means that any organization working with or serving minors will qualify as a “youth service organization.” Due to some of the confusing language in the statute, many churches are unaware of the fact that their church is a “youth service organization” under this law. This, churches fall under this definition.
Churches should be aware of the obligations of Section 18975 of the Business and Professionals Code, which requires expanded training, screening, and expanded regulations around the policies and procedures for preventing and reporting child abuse.
Child Abuse and Neglect Identification Training
The law requires administrators, employees, and regular volunteers of a youth services organization to complete training in child abuse and neglect identification and training in child abuse and neglect reporting. Bus. & Prof. Code section 18975(a).
All employees, administrators, and regular volunteers must go through child abuse and neglect reporting training. This would even include a W-2 employee whose job does not relate to working directly with children. Additionally, if there are board members who live outside of CA but often serve in CA, we recommend those individuals adhere to these regulations regarding the screening and training.
The training requirement could also be met using training that is free from the State of California. This is the online mandated reporter training provided by the Office of Child Abuse Prevention in the State Department of Social Services.
Mandatory Background Checks
Administrators, employees, or regular volunteers of a youth service organization are now required to undergo a background check pursuant to Section 11105.3 of the Penal Code to identify and exclude any persons with a history of child abuse. Bus. & Prof. Code section 18975(b).
All employees, administrators, and regular volunteers located in California must be screened through the Livescan background screening process directly with the Department of Justice. Employees include all those who receive a W-2 from the organization. While the regulation is not clear regarding independent contractors working with children, our recommendation is that an independent contractor working with children should be screened and trained. Taking this precaution provides added protection to the organization if misconduct were to occur. Independent contractors who do not work directly with children are not required to go through the Livescan background check process.
“Regular volunteers” are defined as those who volunteer 16 hours per month or 32 hours per year. We recommend all volunteers undergo screening and background checks regardless of the amount of time they volunteer.
Policies and Procedures
A youth services organization must develop and implement child abuse prevention policies and procedures, including, but not limited to:
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- Policies to ensure the reporting of suspected incidents of child abuse to persons or entities outside of the organization, including the reporting required pursuant to Section 11165.9 of the Penal Code; and
- 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.
Keep in mind that anyone under 18 cannot undergo a background check. Thus, the policy requires two mandated reporters to be present whenever administrators, employees, or volunteers are in contact with or supervising children, and it cannot include those who are under 18.
We are committed to ensuring that California nonprofit organizations are not only compliant with the child protection requirements, but confident in the implementation and maintenance of their policies and training offerings. Please contact the Church Law Center of California today if we can be of service in crafting the required policies.
Contact Us Today for Legal Assistance
The Church Law Center of California focuses its practice on legal matters that affect private foundations and other nonprofit organizations in California. This unique focus allows us to concentrate on keeping abreast of the ever-changing laws and policies as they develop over time. We are here to represent the interests of your nonprofit organization throughout every stage of your legal matter. Call us at (949) 892-1221, email us at info@churchlawcenter.com, or fill out our contact form online and schedule a consultation about your nonprofit organization today.
