Chapter 2.9Youth Service Organizations

Section § 18975

Explanation

This law requires anyone working or volunteering regularly at a youth service organization to take training on recognizing and reporting child abuse. They also need to pass a background check, unless they belonged to an organization that didn't require checks before 2022, with this exemption ending in 2024. Additionally, these organizations must create policies to prevent child abuse, including ensuring that at least two trained reporters are present when children-related activities occur, although one-to-one mentoring programs have some flexibility. Insurers may check that these organizations comply with these rules before offering liability insurance. Finally, it defines 'regular volunteer' and 'youth service organization' in the context of these requirements.

(a)CA Business and Professions Code § 18975(a) An administrator, employee, or regular volunteer of a youth service organization shall complete training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirements may be met by completing the online mandated reporter training provided by the Office of Child Abuse Prevention in the State Department of Social Services.
(b)Copy CA Business and Professions Code § 18975(b)
(1)Copy CA Business and Professions Code § 18975(b)(1) An administrator, employee, or regular volunteer of a youth service organization shall 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.
(2)CA Business and Professions Code § 18975(b)(2) Until January 1, 2024, paragraph (1) shall not apply to a youth service organization that, prior to January 1, 2022, did not require administrators, employees, or regular volunteers to undergo background checks pursuant to Section 11105.3 of the Penal Code.
(c)CA Business and Professions Code § 18975(c) A youth service organization shall develop and implement child abuse prevention policies and procedures, including, but not limited to, both of the following:
(1)CA Business and Professions Code § 18975(c)(1) Policies to ensure 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.
(2)Copy CA Business and Professions Code § 18975(c)(2)
(A)Copy CA Business and Professions Code § 18975(c)(2)(A) 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.
(B)CA Business and Professions Code § 18975(c)(2)(A)(B) This paragraph shall not apply to an organization that provides one-to-one mentoring to youth that has adopted and implemented the policies described in paragraph (1) and has adopted and implemented policies to ensure comprehensive screening of volunteers, training of volunteers and parents or guardians, and regular contact with volunteers and parents or guardians.
(d)CA Business and Professions Code § 18975(d) Before writing liability insurance for a youth service organization in this state, an insurer may request information demonstrating compliance with this section from the youth service organization as a part of the insurer’s loss control program.
(e)CA Business and Professions Code § 18975(e) For purposes of this section:
(1)CA Business and Professions Code § 18975(e)(1) “Regular volunteer” means a volunteer with the youth service organization who is 18 years of age or older and who has direct contact with, or supervision of, children for more than 16 hours per month or 32 hours per year.
(2)CA Business and Professions Code § 18975(e)(2) “Youth service organization” means an organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters pursuant to paragraph (7) of subdivision (a) of Section 11165.7 of the Penal Code.
child abuse training background check youth service organizations mandated reporter child abuse prevention policies liability insurance compliance suspected child abuse reporting two mandated reporters one-to-one mentoring exemption Office of Child Abuse Prevention Penal Code Section 11105.3 Penal Code Section 11165.9 volunteer screening volunteer contact child supervision
(Amended by Stats. 2023, Ch. 131, Sec. 8. (AB 1754) Effective January 1, 2024.)