AB 230, as amended, Maienschein. Youth athletic programs: background checks.
Existing law authorizes specified entities to receive state summary criminal history information from the Department of Justice. Existing law also requires mandated reporters, as defined, to report child abuse and neglect to local law enforcement. Existing law authorizes a community youth athletic program, as defined, to request state and federal level criminal offender record information and subsequent arrest notification for a volunteer coach or hired coach candidate.
This bill would require a community youth athletic program to provide written notice to the parent or guardian of a youth participating in the program regarding the program’s policies relating to criminal background checks for volunteer and hired coaches in the program, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 2.7 (commencing with Section 18900)
2is added to Division 8 of the Business and Professions Code, to
3read:
4
(a) (1) Commencing January 1, 2016, a community
8youth athletic program shall provide written notice to the parent
9or guardian of any youth participating in the program regarding
10the program’s policies relating to whether the program obtains
11criminal background checks for hired or volunteer coaches or both.
12(2) If criminal background checks are obtained for hired or
13volunteer coaches, the written notice shall also contain both of the
14following:
15(A) A statement regarding whether the criminal background
16check includes state and federal criminal history information and
17whether the
program obtains subsequent arrest notification for
18those individuals.
19(B) Contact information regarding where the parent or guardian
20of a child participating in a community youth athletic program can
21obtain additional information about the program’s background
22check policy, such as the entity providing the criminal background
23check obtained by the community youth athletic program or the
24nature of the type of offenses the program looks for.
25(b) As used in this section, a “community youth athletic
26program” means anbegin delete employer having as its primary purpose the
27promotion or provision of athletic activities
for youth under 18
28years of age.end delete
29requirements:end insert
30(1) Its primary purpose is the promotion or provision of athletic
31activities for youth under 18 years of age.
32(2) It has adult employees who have supervisory or disciplinary
33power over a child or children.
34(c) Nothing in subdivision (a) shall require or authorize a
35community youth athletic program to disclose confidential criminal
P3 1history information in violation of Article 3 (commencing with
2Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal
Code.
3(d)
end delete
4begin insert(c)end insert As used in this section, “written notice” may include posting
5on the community youth athletic program’s Internet Web site.
6(d) Nothing in subdivision (a) shall require or authorize a
7community youth athletic program to disclose confidential criminal
8history information in violation of Article 3 (commencing with
9Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal Code.
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