California Mandated Reporting & AB506
Does AB506 apply to me?
Yes, if your organization operates in the state of California. California’s mandate for “youth-serving organizations” includes churches, schools, daycares, nonprofits, etc. If you have kids or vulnerable adults present on your property or during your organization’s programming or events you must comply.
What is the law?
Who does it apply to?
Administrators, employees, regular volunteers (18 years or older with direct contact/supervision of children 16+ hrs/mo or 32+ hr/yr) of a youth service organization (an organization that employs or utilizes people required to be mandated reporters per paragraph (7) of subdivision (a) of Section 11165.7 of the Penal Code which applies to all churches).
What do you need to do?
Individuals must complete training in child abuse and neglect identification, training in child abuse and neglect reporting, and online mandated reporter training.
Individuals must undergo a background check pursuant to Section 11105.3 of the Penal Code. (If the organization didn’t require background checks prior to 1/1/22, they have until January 1, 2024, to complete them)
Organizations must develop and implement child abuse prevention policies and procedures including:
Reporting suspected incidents pursuant to Section 11165.9 of the Penal Code
The presence of at 2+ mandated reporters with children. (Except for one-to-one official youth mentoring programs.)
Our recommendation is also to provide written notice regarding background check policies to all parents of minors receiving services at your church or organization.
Insurers may request information demonstrating compliance.
When is this effective?
Immediately. Except for background checks, if the organization didn’t require background checks prior to January 1, 2022. The organization then has until January 1, 2024, to complete them.
What are the specific steps I need to take now?
Step 1: Complete the CA DOJ application packet to obtain an ORI number. (An Originating Agency Identifier is a nine-character identifier assigned to an agency authorized to access FBI, CJIS Division Systems. Each agency must identify its ORI number on the request form to receive fingerprint supplies and training aids.)
Step 2: ID all staff, board members, and volunteers that qualify as mandated reporters under AB506 and determine training requirements.
Step 3: Notify participants of their individual training requirements, location of training, and due date. The state will issue certificates of successful completion after an individual passes the training with a score of 80% or above. File any and all employee certificates in HR files.
Step 4: Take assigned state training, usually in a church context (General and Clergy Training). At this point, the state is the only one offering certified training. Note that the training does not require an ORI number and industry-specific training has to be renewed every two years.
Step 5: Develop and implement a Child Protection Policy.
Step 6: Once your ORI number is received, contact your Live Scan provider to set up your organization account.
Step 7: Provide each applicant to be checked (i.e., volunteer, employee, etc.) with form BCIA 8016, "Request for Live Scan service.” Include the type of background check requested and your ORI number, but remember that applicants must fill out their own authorization forms. Results will be sent back to the church/organization associated with the ORI number.
