Cal. Bus. & Prof. Code § 18975

Current through the 2023 Legislative Session.
Section 18975 - Child abuse and neglect prevention
(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.
(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) 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) A youth service organization shall develop and implement child abuse prevention policies and procedures, including, but not limited to, both of the following:
(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.
(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) 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) 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) For purposes of this section:
(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) "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.

Ca. Bus. and Prof. Code § 18975

Amended by Stats 2023 ch 131 (AB 1754),s 8, eff. 1/1/2024.
Amended by Stats 2022 ch 261 (AB 2669),s 1, eff. 9/6/2022.
Amended by Stats 2022 ch 28 (SB 1380),s 15, eff. 1/1/2023. Not implemented per s 168.
Added by Stats 2021 ch 169 (AB 506),s 1, eff. 1/1/2022.