At the 2022 District Council in session, District Secretary-Treasurer, Jay Herndon, gave an update on the law California passed in September of 2021. The law requires volunteers and employees of “youth organizations” to be screened via Live Scan, to undergo mandatory reporter training, and to adopt the “two reporter rule” for activities.

It is important to remember why the state passed this law - it is due to the widespread failure of youth organizations (including churches) to protect children. In many cases, the organization worked harder to protect the offender rather than the victims. We applaud the state for its objective. For a copy of his full report, click here.

If you have any questions or need assistance please contact lsheley@agncn.org.

Resources are available to churches in both California & Nevada.

 

CALIFORNIA

Here is what you need to know about the new law that has been passed.

  1. Requires

    1. Live Scan for all mandatory reporters (the law doesn’t mention the name “Live Scan,” it mentions the Department of Justice. Live Scan is what the DOJ does.)

    2. Training for all mandatory reporters

    3. Two mandatory reporters are present whenever there are activities for minors (ages 0-18)

    4. Retention of records

  2. Applies to

    1. Clergy

    2. Employees of a “youth organization”

    3. Volunteers that have contact with minors 16hr/month or 32hr/year

      Note: Board members of “youth organizations” are considered mandatory reporters but were not included in the Live Scan and training requirements.

  3. What churches should do

    1. California churches will need to transition to Live Scan. Recently, the law was updated stating organizations have until January 1, 2024, to comply with the new legal requirements. If your church is using a different background screening system, you will need to start over.

    2. Live Scan requires a church to apply for an ORI (organizational identifier) and to name a “custodian of records.” The application is involved and requires some documentation. Be warned: It is not an easy process, and the state is backed up. But churches should get started ASAP to avoid the greater deluge that they will soon experience. To start, go to https://oag.ca.gov/fingerprints/agencies

    3. Meanwhile, churches should get started with the training. Fortunately, the training is transferrable, so if an individual volunteers with more than one organization, they only need to do the training once.

      1. The State provides training, and it is free. It can range from 2 hours to 6 hours, depending on which training you take.

      2. We are negotiating a discount with a Christian organization. It costs more, but it is shorter, and it is sponsored by a Christian company.

    4. The church will need to establish a records system to verify and record that the necessary individuals have completed the Live Scan and the training. The system should call for regular and routine self-audits, to make sure that all necessary individuals are compliant.

    5. There are lots of questions that remain unanswered. And there is going to be some frustration with it. The state rolled this out without any ramp-up. In time, they will, hopefully, answer the questions and streamline the process.

    6. Meanwhile, we urge you to keep the objective in mind - this law is designed to protect children. We need to stay on the right side of this issue. Jesus always stayed on the side of the children, we need to also.

Resources:

To use Live Scan, you’ll need to:

  1. Get an ORI (Organizational identifier) number. (The application process is cumbersome.) Click here for info & application

  2. Identify a “Custodian of Records” to review and manage the results (via an online portal.) The Custodian of Records will need to be Live Scanned before the state will approve them.

  3. Give the volunteers a Request for Live Scan form with the ORI number. They can get scanned at any Live Scan location.

Request for Live Scan Form BCIA-8016

Live Scan Locations by County