SECTIONS 49130-49135 - California Statutes

EDUCATION CODE

SECTION 49130-49135

49130. 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.

49131. Notwithstanding Section 49130, 49132, or 49134 or
subdivision (d) of Section 49133, a permit to work full time may be
issued to a minor over the age of 16 and under the age of 18.

49132. No permit shall be issued until the minor accompanied by his
parent or guardian, appears before the person authorized to issue
the permit and makes application therefor.
This section shall be applicable only to minors subject to Section
49130.

49133. No permit shall be issued until the issuing authority has
received, examined, approved, and filed, the following papers duly
executed:
(a) The school record of the minor giving age, grade, and
attendance for the current term signed by the principal or teacher.
(b) Evidence of age, such as the school record of enrollment, or a
certificate of birth, or a baptism certificate duly attested, or a
passport, or affidavit of the parent, guardian, or custodian of the
minor, such as shall convince the officer that the minor is of the
age required by law.
(c) The written statement from a prospective employer that work is
waiting for the minor and describing the nature of the work.
(d) A certificate signed by a physician appointed by the school
board, or by other public medical officer, stating that the minor has
been thoroughly examined by him, and, in his opinion, is physically
fit to pursue the work specified. No fee shall be charged the minor
for the physical certificate.
This section shall be applicable only to minors subject to Section
49130.

49134. The parent, guardian, or custodian accompanying the minor
shall make oath that his statement of the name, address, birthplace,
and age of the minor as entered upon the application for the permit
to work are true and correct to the best of his knowledge and belief.
This section shall be applicable only to minors subject to Section
49130.

49135. The authority issuing any permit to work full time shall
immediately notify, in writing, the person in charge of the
organization and maintenance of part-time continuation classes of the
place of the minor's prospective employment, and the parent or
guardian of the minor shall send the minor to the classes designated.