What Filmmakers Need to Know About Employing Child Actors

By: Murray A. Roth, Jr., Esq.

6/3/25

Casting children in your indie film is a great method of adding authenticity and emotional depth to your creation. But it also brings legal responsibilities. Special rules and protections exist to safeguard minors working in the entertainment industry, and a failure to comply can lead to legal consequences – even shut down your production. Every State has rules to protect minors, and they vary depending on where you’re filming. Below are many of the common rules that all filmmakers/producers need to know when hiring young talent.

1. Work Permits Are a Must

Before a child actor can step on set, a valid entertainment-specific work permit (issued by the State where filming takes place) is usually required. States such as California and New York are obvious examples. California even requires permit renewals every six months, and the process typically includes verification of the child’s school performance and health.

Another example is Louisiana where minors under 18 must obtain a Theatrical Blanket Permit through the Louisiana Workforce Commission at least five days before beginning work on any production. The application must be accompanied by a worker’s compensation certificate, a signed consent form by a parent or guardian, and proof of the minor’s age.

Some States do not require an entertainment-specific work permit for minors, but the State’s child labor laws are still enforced. In Mississippi for example, minors under 16 are subject to these general laws that are enforced by the Mississippi Department of Employment Security.

Whether the State where you’re filming has a formal permit requirement or not, filmmakers/producers are still strongly encouraged to:

a. Obtain parental or legal guardian consent in writing (usually via the actor employment contract for the minor). Verbal or tacit permission alone is not recommended or may not be legal;

b. Ensure that the minor is not missing compulsory schooling without a proper arrangement; and

c. Always consult local labor commissions/departments before filming to learn of any specific permit requirements.

2. Set Hours Are Strictly Limited

On film sets (where actors oftentimes spend 12 or more hours a day), child actors can only work limited hours depending on their age and on the State’s rules. In California, children ages 6–8 may work a maximum of four hours on set, must receive three hours of schooling, and get one hour of rest during the day. Infants and toddlers are even more restricted.

Similarly, in Louisiana, children ages 6–15 may work up to eight hours per day (when school is in session) and no more than six consecutive days in one week. Children under the age of 6 may work only up to six hours per day. Work is also prohibited during certain night hours, and rest breaks must be provided regularly. These are only examples, and there exists many other restrictions in Louisiana, California, and in most other States - almost always based upon the minor’s age.

The best practice is always to check the local labor commission’s regulations for their specific rules as many of the laws listed in this article can and are changed regularly. The labor commission/department of each particular State will almost always eagerly provide all information needed upon request, and they will expect their rules to be followed – sometimes even appearing on set to confirm the same. Complaints over work hour violations regarding child actors are one of the most common, and they are usually anonymous because parents don’t want to jeopardize their child’s employment by openly complaining to government officials.

3. A Studio Teacher Is Often Required

Many States, such as California and New York, require that all minors working during the school year have a studio teacher on set. This professional not only provides education, but also serves as a welfare advocate for the child. Failing to hire a qualified studio teacher when required can result in fines or even shutdowns.

Using Louisiana again as an example (where lots of major and indie filming occurs), minors must receive at least three hours of education per school day if they are required to miss two or more days of school (within a thirty day period). A certified Louisiana tutor or teacher must be present to provide instruction. And, as with all film projects everywhere, the production is responsible for hiring, coordinating, and paying the educator.

4. The “Coogan Law” and Trust Accounts

Named after child actor Jackie Coogan (who was swindled out of substantial earnings by his parents way back in the 1930’s), the Coogan Law started in California and mandates that a portion of a child actor’s income be set aside in a blocked trust account. In California, 15% of the child’s earnings must be deposited into what is known as a “Coogan Account” which cannot be accessed until the child turns 18 years old.

Other States like New York and Louisiana have similar laws.

Louisiana’s Coogan-style law (Louisiana Revised Statutes §51:2131) requires:

a. 15% of the minor’s gross earnings be deposited into a trust account set up by a parent or legal guardian;

b. The trust must be established in a Louisiana financial institution within thirty days of the start of employment (if not already in existence in another State);

c. The account is blocked and cannot be accessed until the child turns 18, unless otherwise approved by court order; and

d. Failure to comply can result in civil penalties and may also jeopardize the film's completion or distribution.

5. Safety and Supervision

And last but not least, regardless of any State’s specific laws and rules, every production should take responsibility for the health and safety of child actors on set. As a general rule, it’s very important for the production to:

a. Always require the presence of a parent or legal guardian on set who never leaves the child unattended (even if being accompanied by other actors, producers or crew);

b. Never place children in dangerous scenes or locations without thorough safety planning, permits, and adequate insurance coverage;

c. Avoid excessive hours, stressful environments, and emotionally inappropriate material; and

d. Provide all child actors with special attention recognizing the delicate nature and modern day complexities of having teenagers, pre-teens and especially very young children on set – whether for acting or any other reason.

Final Thoughts

When making a big budget feature or low budget indie, children can bring powerful authenticity to the story and production. But the legal and ethical responsibilities are real. If you're an indie filmmaker on a tight schedule and budget, it’s important not to overlook these rules. Hiring a child actor may require additional expenses or inconveniences such as hiring a studio teacher, extra legal paperwork, and revised shooting hours. However, it’s crucial to account for all of these factors – even starting early in pre-production in order to avoid any last-minute delays or violations. Do your homework, comply with the laws, and always prioritize the welfare of young performers. Then, as audiences enjoy the exhibition of your completed work, be proud of the creative addition that child actors have brought to your film.

This article is provided for educational purposes only and should not be construed as legal advice. Before taking any action regarding this topic or any other legal issue, always consult an experienced entertainment attorney (and in this case, local labor commissions) who can advise on your specific facts, films, and needs.