Child Performer Services Permit - Frequently Asked Questions

The permit requirement is aimed at protecting aspiring and current artists and performers who are minors (i.e., under 18 years of age). An artist is defined as one who is or seeks to become:

• An actor, actress, model, extra, radio artist, musical artist, musical organization, director, musical director, writer (not just for performing arts), cinematographer, composer, lyricist, or arranger
• Other person rendering professional services in motion picture, theatrical, radio, television, Internet, print media, or other entertainment enterprises or technologies.

How does the CPS permit protect minors*?

The Labor Commissioner’s Office** will maintain and regularly update an online searchable database of all permit holders. Interested parents, guardians, and employers should consult this list on a regular basis. Additionally, it is important for parents and/or guardians to ensure that all individuals they entrust to provide specified services to their minor child have posted a valid CPS permit at their place of business.

In addition to the state and federal criminal history information that the Labor Commissioner’s Office receives as a result of the initial fingerprinting to screen out sex offenders, our office will also receive notification from the Department of Justice (DOJ) if any permit holders are arrested for a state offense (in California) after the initial fingerprinting.

Important: The Labor Commissioner’s Office monitors for subsequent arrest and convictions based on information provided by the DOJ, so it is important to understand the limitations of federal subsequent arrest information the DOJ receives from the FBI. Specifically, arrests for sexual offenses committed in other states and arrests made by the FBI after completion of the initial fingerprinting may not appear in records to which the DOJ has ongoing access. For more general information on fingerprinting, please visit the DOJ’s Web page on fingerprinting and read their Frequently Asked Questions on background checks.

* Minors are defined as individuals under 18 years of age.
**Also known as the Division of Labor Standards Enforcement.

When is this new permit requirement effective?

AB 1660 (Chapter 634, 2012) went into effect January 1, 2013, and currently prohibits persons who are required to register as sex offenders from representing or providing specified services to artists or performers under 18 years of age. Beginning July 1, 2013, any person who performs specified activities for minors must apply for and obtain a permit from the Labor Commissioner’s Office, unless they are specifically exempt from the requirement (see exceptions below or Labor Code section 1706).

Who must have a CPS permit?

Any person who intends to represent or provide specified services for a fee in the state of California to any artist or performer who is under 18 years of age.

What specified services require a CPS permit?

Specified services include one or more of the following provided for the purposes of securing employment as an artist or performer, for a fee, to those under 18 years of age (minors):

• Providing still photography, digital photography, video, and film services to a minor for use as an artist or performer (see exceptions below).
• Managing or directing the development or advancement of the minor’s career as an artist or performer.
• Career counseling, career consulting, vocational guidance, aptitude testing, evaluation, or planning, as these services relate to the preparation of the minor for employment as an artist or performer.
• Public relations services or publicity, or both, including arranging personal appearances, developing and distributing press packets, managing fan mail, designing and maintaining Internet websites, and consulting on media relations for an artist or performer under 18 years of age.
• Instruction, evaluation, lessons, coaching, seminars, workshops, or similar training as an artist, including but not limited to acting, singing, dance, voice, or similar instruction services for minor who is seeking to secure employment as an artist or performer.
• Owners, directors, and employees including camp counselors, coaches, and instructors of a camp for artists or performers, which includes, but is not limited to, a day camp or overnight camp in which any portion of the camp includes any services described in the previous bullet points.

Who does not need a CPS permit?

Permits are not required for the following:

• The use, exhibition or employment of performers under 18 years of age (minors) at any church, academy, or school (including dancing schools) as part of regular services or activities or in annual graduation exercises.
• Performances taking place away from the school campus when the activity is under the direction, control, or supervision of the Department of Education (for instance, if minors perform at a convalescent home as part of a school-organized activity).
• Providing still photography, digital photography, video, and film services for a minor engaged in activities described in the two preceding bullet points, or for private home use.
• Persons licensed as talent agents, as specified in Chapter 4 of the Labor Code (beginning with section 1700), or operating under the license of a talent agent.
• Studio Teachers certified by the Labor Commissioner’s Office as defined in section 11755 of Title 8 of the California Code of Regulations (e.g., teachers of traditional subjects, such as English, Math, Biology, etc.).
• A person whose contact with minors is restricted to locations where, either by law or regulation, the minor must be accompanied at all times by a parent or guardian, and the parent or guardian must be within sight or sound of the minor (such as an employer using a minor to entertain the public where the parents are required under Title 8 section 11757 to be within sight and sound of their child).
• A person who has only incidental and occasional contact with minors (physical presence within 10 feet of a minor artist who is unaccompanied by an adult for not more than 10 minutes at a time, and not more than two occurrences within any seven-day period). This exemption does not apply if the person works directly with minors, has supervision or disciplinary power over them, or receives a fee.

FINGERPRINTS

Do I need to submit fingerprints as part of my initial application?

Yes, before you submit your application, you must complete a Live Scan fingerprinting in order to obtain state and federal criminal offender record information provided by the California Department of Justice. Print out the Request for Live Scan Service form* (BCIA 8016), and bring the form with you to a Live Scan location.

* Be sure to use this version of the form, which has been partially filled in for you with information specific to the CPS permit.

Am I required to resubmit fingerprints as part of my permit renewal application?

No. You are not required to resubmit fingerprints for your renewal application.

How do I find a fingerprint services location near me?

Can I change, correct, or update my FBI identification record?

Your fingerprints will be used to check the criminal history records of the FBI. You have the opportunity to complete or challenge the accuracy of the information contained in the FBI identification record. The procedure for obtaining a change, correction, or updating an FBI identification record are set forth in Title 28, Code of Federal Regulations, Section 16.34

CPS PERMIT APPLICATION

How can I submit a new (or renewal) application?

The permit application process is primarily an online procedure (once you’ve completed the fingerprinting).
Please follow these steps:

1. Complete the Request for Live Scan Services form (for fingerprinting) and print it out. Be sure to use this version of the form (rather than the generic BCIA 8016 form), since this version been partially filled in for you with information specific to the CPS permit.
2. Take your Request for Live Scan Services form with you when you get your fingerprinting done. To find an approved Live Scan location in your area, here is a list of Live Scan locations.
3. Complete a permit application online. Submit the application and your payment online. [Please link the word “payment” to the section of the FAQs called Fees, (questions 16 and 17 about the fees.]

If you do not have access to a computer with Internet service (available at most public libraries), you may complete and mail in a paper application form and send it to the following address with your payment. (Applications received without accompanying payment will not be processed.)

Division of Labor Standards Enforcement
Licensing and Registration Unit
1515 Clay Street
Suite 1902
Oakland CA 94612

Fax: (510) 286-1366

To have paper forms sent to you, please write to this address or email your inquiry to CPSLicensing@dir.ca.gov.

What information do I need to provide in the application?

An applicant for a permit must provide the following information. See the application instructions for more detail.

• Full name, including all other names or aliases or fictitious names used by applicant
• Physical home address (not a Post Office Box or private mail station), including street number, city, state, zip code, and phone number
• Social Security Number
• California driver’s license or identification number
• Birth date
• Physical description of applicant, including height, weight, color of hair, color of eyes
• Name of business for which applicant will perform services
• Business address (not a Post Office Box or private mail station) and phone number, if different from home address
• Phone numbers for home, business, and mobile phones
• Description of specific types of services (listed in Labor Code section 1706 [g][4]) that the applicant will provide to artists who are under 18 years of age
• Completion of Live Scan fingerprinting in order to obtain state and federal criminal offender record information provided by the California Department of Justice

How long does it take to get a permit?

Approximately 45 days. There is a 30-day standard processing time for the Department of Justice to process Live Scan information and provide a report. The Labor Commissioner's Office will review the reported information within 15 days of receiving the report. You will receive notification of your permit status, as well as a copy of the DOJ report via email. In the absence of an email address, you will receive this information via regular mail.

When can I begin providing specified services to performers who are minors*?

You can begin after you receive your CPS permit from the Labor Commissioner’s Office and have posted a copy of the permit at your place of business.

*Minors are defined as individuals under 18 years of age.

How long is my permit valid?

CPS permits are valid for two years from the date of issue by the Labor Commissioner’s Office. The permit holder will receive notice from the agency of the expiration date 45 days prior to expiration of the permit.A renewal application and fee must be submitted 30 days before the permit expires. Renewal application and fees sent in later than 15 days prior to expiration are subject to denial.

FEES

Is there a fee for a CPS permit?

Yes. The fee for obtaining a CPS permit is $198 for the initial application fee and $166 for the renewal application fee. Applications received without accompanying payment will not be processed.

Where does the fee go?

The fees cover the costs of administering and maintaining the CPS permit program. These costs include a fee, paid by the Labor Commissioner’s Office to the Department of Justice, for obtaining state and federal criminal offender record information. Please note that this fee does not include the fee that applicants must pay to the fingerprinting services provider (that fee varies from business to business).

APPLICATION DENIAL

Will I be notified if my application is denied?

Yes. If the Labor Commissioner's Office (LCO) determines that an initial or renewal applicant is required to register as a sex offender based on a Department of Justice (DOJ) report, a permit will not be issued and the applicant will be notified in writing of the LCO's determination, which will include a copy of the information received from the DOJ.

Why was my application denied?

Your application may be denied for any of the following reasons:

• You failed to obtain fingerprints necessary for processing your initial application in a timely manner.
• You failed to submit your renewal application at least 15 days prior to the expiration date listed on your CPS permit.
• You failed to respond to any defects in your application within 30 days of notice by the Labor Commissioner’s Office.
• Based upon the criminal offender record information provided by DOJ the applicant was found to be ineligible for a permit, pursuant to Penal Code sections 290-290.006. If you feel this determination has been made in error, please contact DOJ at recordreview@doj.ca.gov. For more information, visit the DOJ website at http://oag.ca.gov/fingerprints.

What happens if I continue to provide covered services without a CPS permit or after my application has been denied?

You will be guilty of a misdemeanor punishable by a fine of up to ten thousand dollars, by imprisonment in a county jail for up to one year, or by both the fine and imprisonment.

CONTACT

Whom can I contact for more information?

Contact the Labor Commissioner’s Office at CPSLicensing@dir.ca.gov.