Special Business Regulations 18400-22949.92.2Businesses Providing Services to Minors

Section § 18950

Explanation

This law requires businesses that offer extracurricular services or instructional programs for minors to inform parents or guardians about their policy on employee background checks. If such checks are performed, the notice must state what types of criminal record information are reviewed. This applies to businesses with adults who supervise minors, like tutoring or instructional programs, but not to licensed daycare or medical facilities. Notices can be given through the business's website, and this law does not compel businesses to share confidential criminal history unlawfully. Additionally, following this law does not violate labor laws related to disclosing arrest records.

(a)Copy CA Business & Professions Code § 18950(a)
(1)Copy CA Business & Professions Code § 18950(a)(1) A business that provides services to minors shall provide written notice to the parent or guardian of any minor receiving those services regarding the business’s policies relating to obtaining criminal background checks for its employees.
(2)CA Business & Professions Code § 18950(a)(2) If criminal background checks are obtained for employees, the written notice described in paragraph (1) shall also contain a statement regarding whether the criminal background check includes state and federal criminal history information and the nature of the types of offenses the business looks to identify.
(b)Copy CA Business & Professions Code § 18950(b)
(1)Copy CA Business & Professions Code § 18950(b)(1) As used in this section, a “business that provides services to minors” means a business that meets both of the following requirements:
(A)CA Business & Professions Code § 18950(b)(1)(A) Its primary purpose is the providing of an extracurricular service or program of instruction, including, but not limited to, academic tutors and instructors, for youth under 18 years of age.
(B)CA Business & Professions Code § 18950(b)(1)(B) It has adult employees who have supervisory or disciplinary power over a child or children.
(2)CA Business & Professions Code § 18950(b)(2) A “business that provides services to minors” shall not include a licensed child day care facility as defined in Section 1596.750 of the Health and Safety Code or a day care center as defined in Section 1596.76 of the Health and Safety Code, or any medical treatment facility or hospital.
(c)CA Business & Professions Code § 18950(c) As used in this section, “written notice” may include a posting on the business’s Internet Web site.
(d)CA Business & Professions Code § 18950(d) Nothing in subdivision (a) shall require or authorize a business subject to these provisions to disclose confidential criminal history information in violation of Article 3 (commencing with Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal Code.
(e)CA Business & Professions Code § 18950(e) Compliance with this section shall not be deemed a violation of Section 432.7 of the Labor Code.
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