JurisdictionCaliforniaCode EDCEducation Code - EDC
Div.4.
Title 2.DIVISION 4. INSTRUCTION AND SERVICES
Part 27.PART 27. PUPILS
Ch. 7.CHAPTER 7. Employment of Minors
Art. 3.ARTICLE 3. Permits to Work Full Time
This text of California § 49130. (49130. (Amended by Stats. 1994, Ch. 257, Sec. 2.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
A permit to work full time may be issued to a minor under the age of 16 years and over the age of 14 years who holds a diploma of graduation from the prescribed elementary school course under both of the following circumstances:
(a)The permit expires not later than the end of the current school year.
(b)Any of the following conditions:
(1)The parent or guardian of the minor child presents a sworn statement that the parent or guardian of the minor is incapacitated for labor through illness or injury, or that through the death or desertion of the father or mother of the minor, the family is in need of the earnings of the minor and that sufficient aid cannot be secured in any other manner.
(2)The minor is unable to reside with his or her family and the earnings of the minor are necessary
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A permit to work full time may be issued to a minor under the age of 16 years and over the age of 14 years who holds a diploma of graduation from the prescribed elementary school course under both of the following circumstances:
(a)
The permit expires not later than the end of the current school year.
(b)
Any of the following conditions:
(1)
The parent or guardian of the minor child presents a sworn statement that the parent or guardian of the minor is incapacitated for labor through illness or injury, or that through the death or desertion of the father or mother of the minor, the family is in need of the earnings of the minor and that sufficient aid cannot be secured in any other manner.
(2)
The minor is unable to reside with his or her family and the earnings of the minor are necessary for the support of the minor.
(3)
The minor is residing with a foster care provider, or guardian receiving foster care funds for the minor, if the provider or guardian obtains written authorization from the minor’s social worker, probation officer, or child protective services worker acting as an officer of the court. A permit may be issued to a minor who is subject to this paragraph only if the child’s case plan documents that the purpose of the employment is to further the goal of emancipation pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code, or to enable the minor to gain knowledge of necessary work skills and work habits, and of the responsibilities related to maintaining employment.
The person issuing the permit shall sign a statement that he or she, or a competent person designated by him or her, has investigated the conditions under which the application for the permit has been made and has found that, in his or her judgment, the earnings of the minor are necessary for the family to support the minor or that the earnings of the minor are necessary to support the minor and that sufficient aid cannot be secured in any other manner. Before issuing a work permit to a minor who is subject to paragraph (3) of subdivision (b), the person issuing the permit shall sign a statement that he or she has received authorization from the minor’s social worker, probation officer, or child protective services worker.
A minor who applies for a work permit pursuant to this section shall be duly enrolled in a work experience education program.