(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) 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.

Terms Used In California Business and Professions Code 18950

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15

(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) 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) It has adult employees who have supervisory or disciplinary power over a child or children.

(2) A “business that provides services to minors” shall not include a licensed child day care facility as defined in § 1596.750 of the Health and Safety Code or a day care center as defined in § 1596.76 of the Health and Safety Code, or any medical treatment facility or hospital.

(c) As used in this section, “written notice” may include a posting on the business’s Internet Web site.

(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) Compliance with this section shall not be deemed a violation of § 432.7 of the Labor Code.

(Added by Stats. 2014, Ch. 159, Sec. 1. (AB 1852) Effective January 1, 2015.)

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