When California Assembly Bill (AB) 1660 passed in 2012, it was written into law as Chapter 5, Section 1706 of the California Labor Code , Child Performer Services Permits . It requires fingerprints and background checks for people providing certain services to child performers and excludes registered sex offenders, BUT it allows two significant exemptions in subsection (b):

“(b) Except for subdivision (f) and Sections 1706.1 to 1706.5, inclusive, when applied to a violation of subdivision (f) [people required to register as sex offenders], this chapter does not apply to the following: ”

“(1) A person licensed as a talent agent as specified in Chapter 4 (commencing with Section 1700), or operating under the license of a talent agent .”

“(4) A person who has only incidental and occasional contact with minor children, unless the person works directly with minor children, has supervision or disciplinary power over minor children, or receives a fee. ”

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Per Section 1700.6 (d) , talent agency owners and their employees are NOT required to undergo sex offender screening during the licensing process . The applicant (not employees) is merely required to provide two sets of fingerprints and affidavits from two “reputable” friends who are willing to attest to the applicant’s “good moral character” or, in the case of a corporation, “reputation for fair dealing.”

Per Section 1700.7 , “the Labor Commissioner may [not shall] cause an investigation to be made as to the character and responsibility of the applicant and of the premises.”

Per Section 1700.9 , no license shall be granted to an agency that wants to conduct business in an unsafe place or to a person whose license has been revoked within the past three years. There is NO requirement that registered sex offenders be denied licensing as a talent agency.

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But what about exemption (4) above? What does “incidental and occasional contact” mean? The California Code of Regulations dictates rules about how specific laws are to be enforced. ( difference between laws and regulations )

Title 8 Industrial Relations Code 11770 says this about Section 1706, Child Performer Service Permits:

“For purposes of this section, "incidental and occasional contact” means physical presence within 10 feet of a minor artist who is unaccompanied by an adult which contact is of a short time, but not more than 10 minutes duration, and not more than two occurrences within any 7 day period. ”

The caveat "unless the person works directly with minor children, has supervision or disciplinary power over minor children, or receives a fee" does nothing to protect children from, for example, visitors to the set. Child performers should never be left alone at work with anyone who has not undergone a background screening.

A lot can happen to ruin a child's life in 10 minutes twice a week, especially in Hollywood.

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State of California Department of Industrial Relations links:

Child Performer Services Permits – Frequently Asked Questions: https://www.dir.ca.gov/dlse/Child_performer_services_permit_FAQs.htm#g4

How to obtain a Talent Agency License: http://www.dir.ca.gov/dlse/Talent_Agency_License.html