Educating Youngstars

Click here for the NY State work permit

NY now has new work permit regulations. Please click here to read:

http://www.labor.state.ny.us/legal/laws/pdf/child-performer-regulations/part186-child-performer.pdf

Click here for the NY Child Modeling permit

What are the responsibilities of the parent /guardian?

  • Obtain a Child Performer Employment Permit (valid for up to six months) before
    employment begins and give the original to each employer.
  • Renew the permit for the child performer 30 days prior to expiration.
  • Establish a child performer trust account within 15 days of the start of employment, unless one already exists.
  • Notify the child performer’s employer of the existence of the account within 15 days of the start of employment including any additional information required to make transfers.
  • Notify the employer of any change in facts that could affect the employer’s obligation to make transfers.
  • Notify the child performer’s employer 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.
  • Provide evidence each semester to the Department demonstrating that the child performer is maintaining satisfactory academic performance as determined by the child performer's school.
  • Work with the child performer, any certified teacher provided by the employer and with the child’s school of enrollment to ensure that the child maintains acceptable academic performance.
  • Make sure that a child performer required to attend school is not without educational instruction and unemployed for longer than ten (10) consecutive days while the school of enrollment is in session.

Is a separate Trust Account required for work performed in New York State?

  • No, as long as the trust account is set up in the form required by New York State Law and the employer can complete the required transactions, it may be set up in any state, territory, province or country.

Does a trust account established in another state satisfy the requirements for use as a New York State Child Performer Trust Account?

  • As long as the Child Performer Trust account meets the standards required by a New York State UTMA (Uniform Transfer to Minors Act) Trust Account or a New York State UGMA (Uniform Gift to Minors Act) Trust account, it does not matter where the account is actually located.  A UTMA or UGMA Trust account located in a state other than New York State could satisfy the requirements for a NYS Child Performer Trust account and transfers could be made into such an account.

Are accounts established under the Uniform Trust to Minors Act (UTMA) and the Uniform Gift to Minors Act (UGMA) acceptable?

  • Yes.

Are "Coogan Accounts" set up in California going to be acceptable in New York State?

  • Yes.

What evidence has to be submitted to the Department of Labor as proof of the existence of a trust account?

  • For trust account verification – a single document such as a copy of a deposit slip, passbook or other official document showing the financial institution’s name, child’s name, parent’s/guardian’s or custodian’s name, the account number and a statement saying that the account is a trust account.

If a child is not paid, is he/she required to possess an Employment Permit for a Child Performer?

  • Yes.

If a child does not reside in New York State, does he/she still have to possess a Permit?

  • No matter where the child legally resides, the child will need to possess an Employment Permit For A Child Performer if the performance occurs in New York State.

How can I obtain a Permit For A Child Performer?

  • There are two ways to obtain a permit:
  1. You can obtain a copy of the Application For An Employment Permit For A Child Performer (LS-555) by clicking here. Once the application is completed you can mail it to the address on the form along with the required documentation.
  2. You can also obtain, online, a one time only 15-day permit for first time applicants by clicking here. Upon successful completion of the application a permit will be issued online that will allow the child performer to work for 15 days to give parents time for the submission and processing of the additional required documentation.

What information is required on the application form?

  • Child performer’s identifying information including given and professional names, date of birth, physical characteristics, address and phone number.
  • Social Security Number:
  1. The Social Security Number is not used for identification purposes but to indicate that the child is legally able to work in the U.S.
  2. For a non-U.S. Citizen without a Social Security Number, the identification number from the passport, other document required to enter the U.S. or the document authorizing the child to work in the U.S.
  • Parent/guardian name, address and phone number.
  • Information about the child’s current school enrollment status.
  • Information about the current status of the child trust account.
  • What documentation is required with the application form?
  • If no Social Security Number was provided, a copy of the child’s passport or other document required to enter the U.S. and any document authorizing the child to work in the U.S.
  • For a child not yet of school age - a copy of either a Birth Certificate, Hospital record of birth, or Baptismal certificate.
  • For performers of school age – a completed copy of the Labor Department Form "Verification of Satisfactory Academic Performance" LS-560 signed and dated by the principal or authorized school official explaining the child performer’s academic status. A copy of the form is available here.
  • For a parent – a discernible copy of a Driver License with photo, or a discernible copy of a government or employee photo ID.
  • If not a U.S. citizen, a copy of a passport or other document that was required to enter the U.S.
  • For a guardian – the same documents as a parent plus a notarized statement from the parent naming him/her as the child’s guardian or court papers with a document number for an appointed guardian.
  • For trust account verification – a single document such as a copy of a deposit slip, passbook or other official document showing the financial institution’s name, child’s name, parent’s/guardian’s or custodian’s name, the account number and a statement saying that the account is a trust account.
Note: For a first-time only applicant, the Department will issue a one time only 15 day permit, allowing the applicant time to submit the required academic performance verification.  These permits may be applied for on line by clicking here.

Where are completed permit application forms sent?

  • Completed permit application forms must be submitted to:
    New York State Department of Labor
    Worker Protection Central Processing Unit
    State Office Building Campus, Bldg 12, Rm 288C
    Albany, NY 12240.

For how long are Employment Permits For A Child Performer valid?


  • An Employment Permit For A Child Performer is valid for six (6) months. Permits may be renewed 30 days prior to the expiration date.

Why must parents/guardians open a trust account for their child?

  • The law requires employers to deposit at least 15% of the performer’s earnings in a trust account. If no trust account information is given to the employer within 15 days of the commencement of employment, the employer is required to turn this money over to the State Comptroller to be held in the child performer’s name until he/she reaches the age of majority. In addition, the Department of Labor is prohibited from issuing a renewal or future permit to a child performer unless trust account information is provided.

Can the parent/guardian ask the employer to deposit more than 15% in the trust account?

  • Yes. 15% is the minimum amount that the employer must transfer.

Are residual payments made to a child performer required to be deposited in a trust account?

  • Yes, but only for work performed after the effective date of the law.

Where should inquiries regarding Child Performer withholdings which have been sent to the NYS Office of State Comptroller be directed?

  • Questions about Child Performer Withholdings should be directed to:

    Office of The State Comptroller
    110 State Street, 9th Floor
    Albany, NY 12236
    Tel: (518) 486-1255

When is a teacher required for a child performer?

  • Generally, a teacher is only required if the child will miss more than two consecutive days of school.

Last updated by Julie Stevens Apr 27, 2013.

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