Child Performer Frequently Asked Questions

Permits are not required for:

• The use, exhibition or employment of child performers at any church, academy, or school (including dancing schools) as part of regular services or activities or in annual graduation exercises
• Performances in a private home
• Performances in any place under the direction, control or supervision of the Department of Education
• Amateur performances of children of less than two (2) hours per week from the studios of a regularly licensed broadcasting company, that occur when the child or children does not need to be in school
• Broadcasts of children from a:
  • School
  • Church
  • Academy
  • Museum
  • Library
  • Any other religious, civic or educational institution
• Performers who are employed under an Employer Certificate of Group Eligibility as part of a group for example, to establish a background scene or in a choir

A Parent/Guardian must:

• Get a Child Performer Permit before work begins, and give a copy to each employer
• Provide all required documentation with the 1-year permit application, for example: school form, health form and trust account form.
• Renew the permit for the child performer prior to expiration
• Establish a child performer trust account, unless one already exists
• Notify the child performer's employer of:
  - the existence of the account including any information needed to make transfers
  - any change in facts that could affect the employer's obligation to make transfers
  - if they wish to transfer more than 15% of the child performer's gross earnings to the trust account
• Appoint a trust company as custodian of the account once the balance reaches $250,000
• Work with the child performer, any certified teacher provided by the employer and with the child's school to make sure that the child maintains good academic performance
• Make sure that a child performer required to attend school is not without a teacher and unemployed for longer than ten (10) consecutive days while the school is in session

A trust account may be set up anywhere, as long as:

• It is set up as required by New York State Law
• The employer can complete the required transactions
• It meets the standards required by a New York State Uniform Transfer to Minors Act Trust Account (UTMA) or a New York State Uniform Gift to Minors Act Trust (UGMA) account or is a blocked “California Coogan” type account.

For trust account verification, provide the LS-566 completed by a financial institution or a single document such as a copy of a deposit slip, passbook or other official document showing:

• The child's name
• The parent's/guardian's or custodian's name
• The account number
• The document must show the type of trust account (i.e. UTMA, UGMA)
• The financial institution's name
• The address of the Child Performer’s branch of the financial institution (this item only may be written in by hand)

There are two ways to get a permit:

• Get a copy of the Application for a Child Performer Permit LS-561. Once you complete the application, mail it to the address on the form along with the needed documentation.
• If the child has never obtained a NYS Child Performer Permit before, you can obtain a one-time only, 15-day permit online. Once generated, the temporary permit will allow the child performer to work for the following 15 days. This gives the parent time to obtain the required documents and apply for the annual Child Performer permit online.  https://mpwr-public.labor.ny.gov/en/login.

You must provide the following information along with certain attachments. See the application instructions for more detail.

• Child Performer information
• Parent/Guardian information
• Education/Academic Status information
• Trust account information
• Health form
• Acknowledgement and declaration

Send completed permit application forms to:

New York State Department of Labor
Division of Labor Standards
Permit and Certificate Unit, Room 185B
State Office Campus, Bldg. 12
Albany, NY 12240

Or apply online.

Yes, but only for work performed after March 28, 2004 (effective date of the Child Performer Education and Trust Act).

When school is in session, and on school days when the performer is not receiving instruction due to his/her employment schedule, an employer must provide instruction:

• from the third day of missed instruction through the remainder of the child’s employment in the production; or
• from the first day of missed educational instruction through the remainder of the child’s employment in the production if the child was guaranteed three or more consecutive days of employment

No. In New York State, graduation from High School does not exempt a minor from:

• needing a Child Performer Permit or
• following the hours of limitations imposed by regulations

However, if you provide proof that a child performer has finished High School, then you no longer need to include the Child Performer School Form LS-560 with applications to renew the child performer's permit.

Any entity that does one or more of the following must have a Certificate of Eligibility:

1. Employs a child performer to furnish artistic or creative services either directly or through a third-party provider
2. Has "control" over the child performer's worksite. For example, any entity that sets the hours of work (rehearsal or performance)
3. Contracts with the payroll service (in cases where payroll services are used to pay performers)

Employer responsibilities are outlined in more detail on page 3 of the application LS-550. Among the employer responsibilities are:

• Read and understand Regulations Part 186 Child Performers
• Make trust account transfers for paid employment to the performer’s trust account, or to the NYS Comptroller if the parent/guardian did not provide the trust account information
• Maintain proper records and keep permits and certificate on file
• Obtain emergency contact information and authorization to perform emergency medical treatment from parent/guardian of performers LS-563
• Designate a responsible person(s) as required for performers under age 16 and provide a nurse(s) for infants, or obtain written designation from parent/guardian as required
• Provide safety and health information to performers, parents/guardians and responsible persons
• Provide meal and rest breaks and abide by permitted working hours for child performers

Group employer responsibilities are outlined in more detail on page 3 of the application LS-553. Among the employer responsibilities are:

• Read and understand Regulations Part 186 Child Performers
• Make trust account transfers for paid employment to the performer’s trust account, or to the NYS Comptroller if the parent/guardian did not provide the trust account information
• Obtain performer information, emergency contact information, authorization to perform emergency medical treatment, and permission to perform from parent/guardian of performers LS-563
• Maintain proper records, keep performer information and certificate(s) on file
• Designate at least one responsible person for every 20 performers, or fraction thereof, under age 16 and also provide a nurse(s) for infants as required
• Provide safety and health information to performers, parents/guardians and responsible persons
• Provide meal and rest breaks and abide by permitted working hours for child performers

Send completed applications to:

New York State Department of Labor
Division of Labor Standards
Permit and Certificate Unit Rm. 185B
State Office Campus, Bldg. 12
Albany, NY 12226

Yes. Checks or money orders should be made payable to the Commissioner of Labor.

Application fees are:

• Theater capacity of 1 to 499 seats:
  - Initial Registration Fee - $200.00
  - Renewal Fee - $200.00
• All others:
  - Initial Registration Fee - $350.00
  - Renewal Fee - $200.00
• Group Employer - $200.00

Detailed instructions are listed in the application. In general, an employer must list:

• Employer identifying information
• Employment information
• Proof of Workers’ Compensation and Disability Insurance, or proof of exemption
• Declaration and Acknowledgement
• Check or money order for the proper amount.