Child Care Operator Resource Guide

Administering Medication

Americans with Disabilities Act (ADA) and Child Care

Child Care Liability Insurance

Family Child Care Tenants in Foreclosed Properties

Guidelines for Releasing Children

Immunization

Jury Duty for Family Child Care Providers

Legal Duties of Landlords to Family Child Care Provider Tenants

License Exempt

Mediation vs. Litigation: Things to Consider Before Going to Court

Naming your Family Child Care Business

Note to Tax Return Preparers Assisting Family Child Care Providers

Responding to Suspected Child Abuse or Domestic Violence in Child Care Setting

Running a Successful Child Care Business: Practice Good Community Relations

Sample Parent-Provider Contract

Sample Parent-Provider Contract for Subsidized Care

What You Need to Know About Small Claims Court

Your Rights as a Homeowner or Tenant to Operate a Family Child Care

 

General  
 

Children's Rights Project

Caring for Another's Child - Manual

Adoption Project White Paper

Regional Center Basics

Education  
 

School Discipline

Disciplina Escolar

Education: California School Rights and Responsibilities with a focus on Los Angeles Unified School District

CFYETF Education Law Factsheets


Special Education

Educación Especial

School Discipline - Attorney Manual


 
 
 
Guardianship  
  Guardianship of the Person and the Pro Per Guardianship Clinic

Guardianship of the Person-Attorney Manual

Peace of Mind Program-Joint Guardianship of the Person

Tranquilidad de Conciencia
 
 
 
Immigration  
  Immigration: What Teens Need to Know

Inmigración lo que Jóvenes Deberían saber
 
Juvenile  
 

Understanding the Juvenile Delinquency System

Entendiendo/ Conociendo-El sistema

Sealing your Juvenile Records

Sellando Tu Expediente Juvenil


 
 
Teens  
 

A Guide for Teens to Welfare and Health Care Programs

ABCs of Transition and ILP

California Nonresident Tuition Exemption

Consent & Confidentiality

Get the Truth about Teen Dating and Violence & Domestic Violence

Is My Baby Safe?

Legal Issues For Teen Families

Pregnant? A Teen Parent? Protect your Future Stay In School!

Sex? Choices for Teens

So You Want to Become Emancipated
?

Statutory Rape: What You Should Know

Teen Legal Clinic

Teens in Foster Care and Their Babies


 
 
 
 
 
 
 
 
 
 

LEGISLATIVE ALERTS

New California Law Affects Nonprofit Governance Practices [December 2009]

Does your nonprofit corporation have non-voting ex officio directors? Does your executive committee have members that are not directors? Do your bylaws allow certain directors to have more than one vote or vote by proxy? If you answered "yes" to any of these questions, AB 1233 may require your organization to review and modify its current governance practices.

New Tax Filing Requirement for 501(c)(3) Organizations: The “e-Postcard” [May 2008]

This alert describes the new electronic notice filing requirement for small 501(c)(3) organizations, and a new automatic revocation for organizations of any size that fail to file the required notice or tax return for three consecutive years.

New Federal Tax Law Affects Charitable Organizations: “Pension Protection Act of 2006” [September 2006]

The “Pension Protection Act of 2006” makes several changes to the tax law that affect 501(c)(3) organizations and the deductibility of charitable contributions. These changes include a new annual information notice filing requirement for charities with less than $25,000 in revenues; automatic revocation of exemption for 501(c)(3) organizations that fail to file information returns or notices for three consecutive years; a limit on the deductibility of donated clothing and household items; and required public disclosure of a charity’s unrelated business tax return.

New Law Governing Commercial Web Sites and Online Service Providers in California: "California Online Privacy Protection Act" [December 2004]

The “California Online Privacy Protection Act” requires operators of websites that collect personal information from California consumers to include a privacy policy on their sites and outlines specific items that each privacy policy must include.

New Law Governing Nonprofits and Charitable Fundraising in California [October 2004]

The “Nonprofit Integrity Act of 2004” amends certain legal provisions applicable to the governance of California nonprofit organizations and charitable fundraising in California.

SAMPLE FORMS

Annotated Form of Articles of Incorporation for a California Nonprofit Public Benefit Corporation

This form is designed to assist nonprofit organizations that have chosen to incorporate in California and the pro bono attorneys who represent them. Each section of the form is annotated with an explanatory endnote, including citations to applicable laws.

Annotated Form of Bylaws for a California Nonprofit Public Benefit Corporation

This form is designed to assist nonprofit organizations that have chosen to incorporate in California, existing California nonprofit corporations engaged in a bylaws review, and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws.

Annotated Form of Conflict of Interest Policy [2009]

This form is designed to assist nonprofit organizations seeking to adopt or amend a Conflict of Interest Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.

Annotated Form of Records Management and Retention Policy [2009]

This form is designed to assist nonprofit organizations seeking to adopt or amend a Records Management and Retention Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.

Annotated Form of Whistleblower Policy [2009]

This form is designed to assist nonprofit organizations seeking to adopt or amend a Whistleblower Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.

PUBLICATIONS

Annotated IRS Form 990 [2009]

This guide is designed to assist California nonprofit public benefit corporations in collecting and disclosing information requested by the revised IRS Form 990 (2008). Selected portions of the revised core form, its schedules and instructions are annotated with explanatory notes, including citations to applicable federal laws, filing tips and recommended practices. Where appropriate, the annotations also discuss how California law governing nonprofit public benefit corporations relates to the revised form.

Bankruptcy [2009]

In this information sheet, the topic of bankruptcy is explored through a series of questions addressing many common concerns of nonprofit organizations from both the perspective of debtor and creditor. The answers offer a starting point for a nonprofit to evaluate whether the remedy of bankruptcy can help it achieve a more sustainable economic future through a reorganization, or whether the time has come to “close with honor.” Also considered are the ramifications for a nonprofit when its landlord or a key supplier files for bankruptcy protection.

Checklist to Maintain Tax-Exempt 501(c)(3) Status [2002]

This alert contains certain procedural and filing requirements that nonprofit organizations must comply with under federal and California state law. If your nonprofit organization fails to comply with some or all of these requirements, its tax-exempt status may be revoked.

Commercial Co-Ventures [2009]

A commercial co-venture is a joint venture between a charitable organization and a for-profit business where the business announces to the general public that a portion of the purchase price of a product or service it sells or provides will, during a stated period, be paid to the charitable organization. This publication provides an overview of the registration, reporting and disclosure requirements associated with commercial co-venture programs, and tips on how to structure a commercial co-venture agreement.

Commercial Leases [2006]

This guide contains a general introduction to the typical provisions in a lease of commercial space, and discusses issues that a business or nonprofit organization should consider when entering into a lease of space for use in its business or nonprofit activities. It covers the following information: the basics of a commercial lease, types of commercial leases, how to acquire a commercial lease, and terms of commercial leases.

Conducting Business Abroad [2003]
El Manejo de Negocios en el Extranjero [2003] [Spanish]

This guide provides small business owners with an overview of how to navigate the U.S. legal and regulatory framework when conducting business abroad. It covers the following information: Importing into the United States, Exporting from the United States, Country-Specific Economic Sanctions, Antiboycott Laws, Anti-Money Laundering Laws, and The Foreign Corrupt Practices Act: Antibribery and Accounting Provisions.

Copyrights & Fair Use for Nonprofits [2010]

This guide contains a collection of frequently asked copyright and fair use questions and answers, divided into the following categories: Copyright Basics and Definitions, The Public Domain, Fair Use, Using Copyrighted Works, and Copyright Considerations on the Internet.

Copyrights & Trademarks [2003]
Derechos de Autor y Marcas Comerciales [2003] [Spanish]

This guide contains an overview of federal trademark and copyright laws. It covers the following information: What is a Trademark, Trademark Laws, Choosing a Trademark, Acquiring and Protecting Trademark Rights, and Copyrights.

Employment Law [2009]

In this information sheet, applicable California employment laws are explored through a series of questions addressing many common concerns of nonprofit organizations and small businesses. The answers offer a starting point for organizations to evaluate alternatives designed to reduce expenses, including reductions in salaries, work hours or benefits, as well as layoffs.

Fiscal Sponsorship: An Alternative to Forming a Nonprofit 501(c)(3) Corporation [2008]

Fiscal sponsorship is an alternative available to individuals or groups performing charitable services and wishing to give their donors the ability to take a charitable contribution deduction, but not wanting to spend a great amount of time and resources to comply with the extensive filing requirements, tax compliance, and other legal obligations associated with incorporation and tax exemption. Fiscal sponsorship may be appropriate when the proposed charitable program is relatively small in scope, temporary in nature or when the business plan is in its beginning stages.

Fundraising Issues for Nonprofit Organizations [2008]

This alert highlights certain legal considerations, including tax on unrelated business activities (UBIT), sales and use tax, substantiation of charitable contributions and solicitation for charitable purposes, involved with fundraising activities. It also covers the registration and reporting requirements for charitable poker night fundraisers, bingo, raffles, auctions and other sales of goods.

Guide to Forming A Charitable, Tax-Exempt, Nonprofit Organization [2008]

This guide provides a basic overview of the process, and a discussion of some of the issues to consider in determining whether to form a nonprofit tax-exempt organization. See “Steps to Form a California Nonprofit Tax-Exempt Organization” for links to samples, forms, and instructions.

Lease Modifications [2009]

In this information sheet, the topic of lease modifications is explored through a series of questions that address many of the common experiences and concerns of organizations leasing commercial real estate in these economically challenging times. The answers offer a starting point for a nonprofit or small business to evaluate whether it can achieve a more sustainable economic future through rent abatement, rent deferral, sub-letting, or other lease concessions.

Leave Policies [2003]
Licencia Para Ausentarse [2003] [Spanish]

This guide contains an overview of overlapping federal and California state statutes that apply to any employee leave of absence issue. It covers the following information: Introduction to Employee Leave, Family and Medical Leave, The Americans with Disabilities Act, California Fair Employment and Housing Act, Pregnancy Disability Leave, Military Leave and Other Statues that Affect Employee Leave.

Legal Issues For Small Businesses and Nonprofit Agencies [2002]
Asuntos Legales Para Negocios Pequeños y Agencias no Lucrativas [2002] [Spanish]

This guidebook provides basic information on the following subjects: Organizing your business, Forming Charitable Tax-Exempt Nonprofit Organizations, Obligations and Possible Liabilities of Directors and Officers of Public Benefit Corporations, Employment Issues, Forming and Signing Contracts, Insurance Considerations, Federal Tax Considerations for Small Businesses.

Loan Modifications [2009]

In this information sheet, the topic of loan modification options are explored through a series of questions addressing many common concerns of nonprofit organizations that are struggling to manage outstanding debt. The answers offer a starting point for a nonprofit to evaluate when it may be appropriate to modify a loan, what some other alternatives may be, and how a loan modification might help the nonprofit organization to keep its doors open during this economic crisis.

Merchant Contracts [2006]

This guide provides a general introduction to transactions involving the sale of goods. It covers the following information: the fundamentals of the purchase/sale transaction, contracts, gap filling terms, delivery, inspection, acceptance and rejection, warranties and warranty disclaimers, consequential damages and other damages.

Mutual Directorships [2004]

This alert highlights some issues a director of multiple nonprofit organizations may encounter when presented with a business opportunity that creates a potential conflict of loyalties.

Public Disclosure of Tax Documents

This alert provides an overview of the legal requirement that tax-exempt organizations make federal exemption applications (Form 1023) and annual informational tax returns (Form 990) available for inspection by the public. The law requires that most tax-exempt organizations make copies available to the public on request and allow in-person inspection.

Public Support Test [2003]

This alert is designed as a general reminder to nonprofits that are recognized by the IRS as tax-exempt “public charities” under Section 501(c)(3) of the Internal Revenue Code. In order to maintain public charity status, most public charities must raise revenues from the general public, the government and other public charities in order to meet a numerical test. If the public charity fails to meet this test, its status may revert to that of “private foundation.”

Trademark Basics for Nonprofits [2009]

This guide contains a collection of frequently asked trademark questions and answers, divided into the following categories: Trademark Definitions, How to Establish a Trademark, Proper Use of a Trademark, and Protecting a Trademark from Infringement.

Wage and Hour Laws [2004]

This alert contains a summary of California wage and hour laws that apply generally to most employers (including nonprofits), as of August 2004.

HOUSING OPPORTUNITIES, PRESERVATION AND ENFORCEMENT (HOPE) UNIT

The Housing Element – What is it, and How Can You Get Involved? [April 2008]

Summarizes housing element law and what advocates can do to get involved in the 2008 update process.

Bankruptcy Resources

Information and Training Manual for Free Legal Clinics

Special Immigrant Juvenile Status Manual - 2009