N.Y. Comp. Codes R. & Regs. Tit. 12 § 186-3.2 - Application for child performer permit

(a) A parent or guardian of a child performer shall apply for a child performer permit on a form and in a manner provided by the commissioner. The application shall contain such information as the commissioner may require including, but not limited to:

(1) the given name and the professional name of the child, if different from the given name;

(2) the child's social security number. If the child does not yet have a social security number, or has not yet been born at the time of application, the social security number shall be submitted as soon as it becomes available;

(3) a physical description of the child;

(4) the name and address of the child's parent(s) or guardian(s) and their home and business phone numbers;

(5) any additional information deemed relevant by the commissioner;

(6) an acknowledgment by the parent or guardian that he or she has reviewed the educational materials on eating disorders posted on the department's website pursuant to section 154 of the Labor Law; and

(7) a declaration by the parent or guardian that he or she agrees to be bound by all laws, rules and regulations covering the employment of child performers and consents to the issuance of the permit.

(b) The application shall be accompanied by:

(1) a copy of the child's birth certificate, baptismal certificate, naturalization papers, passport, or their equivalents, showing the child's date of birth (required with the initial application but not subsequent applications);

(2) a copy of a picture identification of the parent or guardian issued by a government agency;

(3) if the applicant is a guardian, a notarized statement from the parent naming such person as guardian, or a certified and numbered court document appointing such person as guardian;

(4) evidence that the child performer, if he or she has reached the age of required schooling, is maintaining satisfactory academic performance or is no longer required by law to attend school;

(5) documentation from a financial institution indicating that a child performer trust account has been established on behalf of the child and is currently open. The documentation must include the name of the child performer, the name of the trustee, the type of account, the number of the account, and the name and address of the local branch of the institution where the account is located; and

(6) the signed written certification of a licensed physician, physician's assistant or nurse practitioner that the minor was examined within 12 months prior to the date of application and has been found to be physically capable of engaging in employment without endangering the child's health. If there are limitations on the types or duration of activities in which the child can safely engage, the practitioner shall state the limitations on activities.

(c) A child performer permit shall be valid for 12 calendar months from the date of issuance by the department.

(d) Prior to the start of employment, the parent or guardian shall give the employer a copy of the child performer's permit. On or before the expiration date of the permit, the parent or guardian shall give the employer a copy of a renewed permit.

(e) In order for a child performer permit to be valid for paid performance work, the parent or guardian must attach, to the employer's copy of the permit, documentation of a child performer trust account and the information necessary for the employer to make the required transfers to the account, except for the temporary child performer permit, under which the parent or guardian has up to 15 days from the date of issuance of the permit to give the employer such documentation and information. In order for a child performer permit to remain valid for paid employment, the parent or guardian must give the employer all updates to the information regarding the trust account as changes occur.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 12 § 186-3.2