Bill Text: CA AB1760 | 2015-2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Human trafficking.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1760 Detail]
Download: California-2015-AB1760-Introduced.html
Bill Title: Human trafficking.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1760 Detail]
Download: California-2015-AB1760-Introduced.html
BILL NUMBER: AB 1760 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Santiago
(Principal coauthors: Assembly Members Campos and Weber)
(Principal coauthor: Senator Liu)
FEBRUARY 2, 2016
An act to amend Sections 1522.41 and 1529.2 of the Health and
Safety Code, to amend Sections 236.1, 647, 653.22, and 13519.14 of,
and to add Sections 236.21 and 236.22 to, the Penal Code, and to
amend Sections 300, 16206, and 16540 of, and to add Chapter 4
(commencing with Section 2200) and Chapter 5 (commencing with Section
2300) to Division 2.5 of, the Welfare and Institutions Code,
relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 1760, as introduced, Santiago. Human trafficking.
(1) Under existing law, as amended by Proposition 35, an
initiative measure approved by the voters at the November 6, 2012,
statewide general election, a person who deprives or violates another
person's personal liberty with the intent to obtain forced labor or
services or who deprives or violates another person's personal
liberty for the purpose of prostitution or sexual exploitation is
guilty of human trafficking, a felony. Proposition 35 provides that
it may be amended by a statute in furtherance of its objectives by a
majority of the membership of each house of the Legislature
concurring.
This bill would require a peace officer to determine whether a
suspect of a crime is a minor who has engaged in a commercial sex act
or has committed a crime constituting a commercial sex act, or is a
minor who is a human trafficking victim, and whether any nonviolent
crime that person is suspected of was committed as a direct result of
being trafficked. The bill would require the peace officer to make a
record of this determination. Upon making this determination, the
bill would require the peace officer to report suspected abuse or
neglect of the minor to the county child welfare agency. The bill
would prohibit the arrest of a minor meeting the above criteria and
would require any record of an arrest previously made to be sealed
and destroyed. By imposing new duties on local peace officers, this
bill would impose a state-mandated local program.
Commencing June 30, 2017, the bill would make immune from
prosecution a minor who has engaged in a commercial sex act or who
committed a nonviolent crime as a human trafficking victim and would
instead allow the minor to be adjudged to be a dependent subject to
the jurisdiction of the juvenile court. The bill would allow the
minor to be taken into temporary custody to protect the minor from
his or her human trafficker.
(2) Existing law makes it a crime to solicit or engage in any act
of prostitution. Existing law makes it a crime to loiter in any
public place with the intent to commit prostitution.
Commencing June 30, 2017, this bill would prohibit the arrest or
punishment of a minor who has exchanged or attempted to exchange sex
acts in return for money or other consideration. Commencing June 30,
2017, the bill would prohibit the arrest or punishment of a minor who
has loitered in a public place with the intent to exchange sex acts
in return for money or other consideration. The bill would instead
allow the person to be adjudicated a dependent of the juvenile court
and would require a peace officer to report suspected abuse or
neglect to the county child welfare agency. By imposing new duties on
local law enforcement, this bill would impose a state-mandated local
program.
(3) Existing law requires the Commission on Peace Officer
Standards and Training to implement a course of instruction for the
training of law enforcement officers in California in the handling of
human trafficking complaints and to develop guidelines for law
enforcement response to human trafficking.
This bill would require the commission to update its training to
conform with changes in law that this bill would make prohibiting the
arrest and punishment of minor victims of human trafficking.
(4) Existing law allows a child who is sexually trafficked, or who
receives food or shelter in exchange for, or who is paid to perform,
sexual acts, and whose parent or guardian has failed or was unable
to protect the child, to be adjudged a dependent of the juvenile
court.
This bill would enact the State Plan to Serve and Protect Child
Trafficking Victims and would require the California Health and Human
Services Agency, no later than January 30, 2017, to convene an
interagency workgroup, as prescribed, to develop the plan. The bill
would require the plan to include, among other things, at a minimum,
a multiagency-coordinated child trafficking response protocol and
guidelines for local implementation that establish clear lines of
ongoing responsibility to ensure that child trafficking victims have
access to the necessary continuum of treatment options. The bill
would require the workgroup to submit the plan to the Legislature,
Judicial Council, and Governor no later than January 30, 2018.
The bill would require the State Department of Social Services to
establish a working group in consultation with county welfare
departments and other stakeholders to develop recommendations for the
board, care, and supervision of child trafficking victims who are in
need of placement in facilities that will protect them from
traffickers and provide needed specialized support and services.
The bill would require the State Department of Social Services,
with input from county child welfare agencies, probation departments,
and other stakeholders, to identify, develop, and disseminate
screening tools for use by county child welfare and probation staff
to identify children who are child trafficking victims. The bill
would require the department, no later than December 31, 2017, to
provide counties with guidance on the use of the screening tools.
The bill would require the State Department of Social Services and
the State Department of Health Care Services, in consultation with
county child welfare and county mental health representatives and
other stakeholders, to identify tools and best practices to screen,
assess, and serve child trafficking victims. The bill would require
the State Department of Social Services to develop curriculum and
provide training to local multidisciplinary teams no later than
December 31, 2017.
The bill would require each county to develop an interagency
protocol to be utilized in serving child trafficking victims. The
bill would require each county's protocol to be adopted by the board
of supervisors no later than June 30, 2017. The bill would require
the protocols to identify the roles and responsibilities of county
based agencies and local service responders in serving victims of
trafficking or commercial sexual exploitation. By imposing new duties
on local governments, this bill would impose a state-mandated local
program.
The bill would require that the administrator certification
program for group homes, the administrator certification program for
short-term residential treatment centers, mandatory training for
licensed or certified foster parents, and training for mandated child
abuse reporters and child welfare personnel include instruction on
cultural competency and sensitivity and related best practices for
providing adequate care to child trafficking victims.
(5) Existing law establishes the California Child Welfare Council,
which serves as the advisory body responsible for improving the
collaboration and processes of the multiple agencies and courts that
serve children and youth in the child welfare and foster care
systems.
This bill would require the California Child Welfare Council to
provide recommendations and updates to the State Plan to Serve and
Protect Child Trafficking Victims.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1522.41 of the Health and Safety Code is
amended to read:
1522.41. (a) (1) The department, in consultation and
collaboration with county placement officials, group home provider
organizations, the Director of Health Care Services, and the Director
of Developmental Services, shall develop and establish an
administrator certification training program to ensure that
administrators of group home facilities have appropriate training to
provide the care and services for which a license or certificate is
issued.
(2) The department shall develop and establish an administrator
certification training program to ensure that administrators of
short-term residential treatment center facilities have appropriate
training to provide the care and services for which a license or
certificate is issued.
(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home or
short-term residential treatment center shall successfully complete a
specified department-approved training certification program,
pursuant to subdivision (c), prior to employment.
(2) In those cases when the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 10 days of any
change in administrators.
(c) (1) The administrator certification programs for group homes
shall require a minimum of 40 hours of classroom instruction that
provides training on a uniform core of knowledge in each of the
following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial and educational needs of the facility residents,
including, but not limited to, the information described in
subdivision (d) of Section 16501.4 of the Welfare and Institutions
Code.
(E) Community and support services.
(F) Physical needs of facility residents.
(G) Assistance with self-administration, storage, misuse, and
interaction of medication used by facility residents.
(H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(I) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(J) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care to child trafficking
victims.
(J)
(K) Nonviolent emergency intervention and reporting
requirements.
(K)
(L) Basic instruction on the existing laws and
procedures regarding the safety of foster youth at school and the
ensuring of a harassment- and violence-free school environment
contained in Article 3.6 (commencing with Section 32228) of Chapter 2
of Part 19 of Division 1 of Title 1 of the Education Code.
(2) The administrator certification programs for short-term
residential treatment centers shall require a minimum of 40 hours of
classroom instruction that provides training on a uniform core of
knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations and management and supervision of staff,
including staff training.
(C) Physical and psychosocial needs of the children, including
behavior management, de-escalation techniques, and trauma informed
crisis management planning.
(D) Permanence, well-being, and educational needs of the children.
(E) Community and support services, including accessing local
behavioral and mental health supports and interventions, substance
use disorder treatments, and culturally relevant services, as
appropriate.
(F) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, uses, benefits, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic medications.
(G) Admission, retention, and assessment procedures, including the
right of a foster child to have fair and equal access to all
available services, placement, care, treatment, and benefits, and to
not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(H) The federal Indian Child Welfare Act (25 U.S.C Sec. 1901 et
seq.), its historical significance, the rights of children covered by
the act, and the best interests of Indian children as including
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership, and
connection to the tribal community and traditions.
(I) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(J) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care to child trafficking
victims.
(J)
(K) Nonviolent emergency intervention and reporting
requirements.
(K)
(L) Basic instruction on the existing laws and
procedures regarding the safety of foster youth at school and the
ensuring of a harassment- and violence-free school environment
contained in Article 3.6 (commencing with Section 32228) of Chapter 2
of Part 19 of Division 1 of Title 1 of the Education Code.
(d) Administrators who possess a valid group home license, issued
by the department, are exempt from completing an approved initial
certification training program and taking a written test, provided
the individual completes 12 hours of classroom instruction in the
following uniform core of knowledge areas:
(1) Laws, regulations, and policies and procedural standards that
impact the operations of a short-term residential treatment center.
(2) (A) Authorization, uses, benefits, side effects, interactions,
assistance with self-administration, misuse, documentation, and
storage of medications.
(B) Metabolic monitoring of children prescribed psychotropic
medications.
(3) Admission, retention, and assessment procedures, including the
right of a foster child to have fair and equal access to all
available services, placement, care, treatment, and benefits, and to
not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(4) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), its historical significance, the rights of children covered by
the act, and the best interests of Indian children as including
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership, and
connection to the tribal community and traditions.
(5) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(6) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care to child trafficking
victims.
(6)
(7) Physical and psychosocial needs of children,
including behavior management, deescalation techniques, and trauma
informed crisis management planning.
(e) Individuals applying for administrator certification under
this section shall successfully complete an approved administrator
certification training program, pass a written test administered by
the department within 60 days of completing the program, and submit
to the department the documentation required by subdivision (f)
within 30 days after being notified of having passed the test. The
department may extend these time deadlines for good cause. The
department shall notify the applicant of his or her test results
within 30 days of administering the test.
(f) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have a
current clearance on file.
(5) That person is at least 21 years of age.
(g) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home or short-term residential treatment center. Any
person willfully making any false representation as being a certified
administrator or facility manager is guilty of a misdemeanor.
(h) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is a group home or short-term residential
treatment center administrator and who is required to complete the
continuing education hours required by the regulations of the State
Department of Developmental Services, and approved by the regional
center, may have up to 24 of the required continuing education course
hours credited toward the 40-hour continuing education requirement
of this section. The department shall accept for certification,
community college course hours approved by the regional centers.
(2) Every administrator of a group home or short-term residential
treatment center shall complete the continuing education requirements
of this subdivision.
(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after July 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.
(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder, as
a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of this subdivision, and shall
pay a fee in an amount equal to the renewal fee, plus the
delinquency fee, if any, accrued at the time of its revocation or
suspension. Delinquency fees, if any, accrued subsequent to the time
of its revocation or suspension and prior to an order for
reinstatement, shall be waived for a period of 12 months to allow the
individual sufficient time to complete the required continuing
education units and to submit the required documentation. Individuals
whose certificates will expire within 90 days after the order for
reinstatement may be granted a three-month extension to renew their
certificates during which time the delinquency fees shall not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status and change of mailing address within 30 days of
any change.
(i) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:
(1) The department has revoked any license held by the
administrator after the department issued the certificate.
(2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the
appeal, the department issued a decision and order that upheld the
exclusion order.
(j) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Health Care Services, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
administrator certification training programs, and criteria to be
used in authorizing individuals, organizations, or educational
institutions to conduct certification training programs and
continuing education courses. The department may also grant
continuing education hours for continuing courses offered by
accredited educational institutions that are consistent with the
requirements in this section. The department may deny vendor approval
to any agency or person in any of the following circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department.
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group homes or
short-term residential treatment centers.
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes or short-term residential treatment centers and to pay directly
for the services. The department may deny vendorization to this type
of agency only as long as there are other vendor programs available
to conduct the certification training programs and conduct education
courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect administrator certification
training programs and continuing education courses, including online
courses, at no charge to the department, to determine if content and
teaching methods comply with regulations. If the department
determines that any vendor is not complying with the requirements of
this section, the department shall take appropriate action to bring
the program into compliance, which may include removing the vendor
from the approved list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(k) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(l) Notwithstanding any law to the contrary, vendors approved by
the department who exclusively provide either initial or continuing
education courses for certification of administrators of a group home
or short-term residential treatment center as defined by regulations
of the department, an adult residential facility as defined by
regulations of the department, or a residential care facility for the
elderly as defined in subdivision (k) of Section 1569.2, shall be
regulated solely by the department pursuant to this chapter. No other
state or local governmental entity shall be responsible for
regulating the activity of those vendors.
SEC. 2. Section 1529.2 of the Health and Safety Code, as added by
Chapter 773 of the Statutes of 2015, is amended to read:
1529.2. (a) It is the intent of the Legislature that all foster
parents have the necessary knowledge, skills, and abilities to
support the safety, permanency, and well-being of children in foster
care. Initial and ongoing preparation and training of foster parents
should support the foster parent's role in parenting vulnerable
children, youth, and young adults, including supporting the children'
s connection with their families. Their training should be ongoing in
order to provide foster parents with information on new practices
and requirements and other helpful topics within the child welfare
and probation systems and may be offered in a classroom setting,
online, or individually.
(b) A licensed or certified foster parent shall complete a minimum
of eight training hours annually, a portion of which shall be from
one or more of the following topics, as prescribed by the department,
pursuant to subdivision (a):
(1) Age-appropriate child and adolescent development.
(2) Health issues in foster care, including, but not limited to,
the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic or
other medications, and trauma, mental health, and substance use
disorder treatments for children in foster care under the
jurisdiction of the juvenile court, including how to access those
treatments. Health issues in foster care, including, but not limited
to, the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic or
other medications, and trauma, mental health, and substance use
disorder treatments for children in foster care under the
jurisdiction of the juvenile court, including how to access those
treatments, as the information is also described in subdivision (d)
of Section 16501.4 of the Welfare and Institutions Code.
(3) Positive discipline and the importance of self-esteem.
(4) Preparation of children and youth for a successful transition
to adulthood.
(5) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(6) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(7) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care to child trafficking
victims.
(c) In addition to any training required by this section, a foster
parent may be required to receive specialized training, as relevant,
for the purpose of preparing the foster parent to meet the needs of
a particular child in care. This training may include, but is not
limited to, the following:
(1) Understanding how to use best practices for providing care and
supervision to commercially sexually exploited children.
(2) Understanding cultural needs of children, including, but not
limited to, cultural competency and sensitivity and related best
practices for providing adequate care to children across diverse
ethnic and racial backgrounds, as well as children identifying as
lesbian, gay, bisexual, or transgender.
(3) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, benefits, uses, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic medications.
(4) Understanding the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
children, including the role of the caregiver in supporting
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership and
connection to the tribal community and traditions.
(5) Understanding how to use best practices for providing care and
supervision to nonminor dependents.
(6) Understanding how to use best practices for providing care and
supervision to children with special health care needs.
(d) No child shall be placed with a foster parent unless each
foster parent in the home meets the requirements of this section.
(e) (1) Upon the request of the licensed or certified foster
parent for a hardship waiver from the annual training requirement or
a request for an extension of the deadline, the county may, at its
option, on a case-by-case basis, waive the training requirement or
extend any established deadline for a period not to exceed one year,
if the training requirement presents a severe and unavoidable
obstacle to continuing as a foster parent.
(2) Obstacles for which a county may grant a hardship waiver or
extension are:
(A) Lack of access to training due to the cost or travel required
or lack of child care to participate in the training, when online
resources are not available.
(B) Family emergency.
(3) Before a waiver or extension may be granted, the licensed or
certified foster parent should explore the opportunity of receiving
training online or by video or written materials.
(f) (1) Foster parent training may be obtained through sources
that include, but are not necessarily limited to, community colleges,
counties, hospitals, foster parent associations, the California
State Foster Parent Association's conference, online resources, adult
schools, and certified foster parent instructors.
(2) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program of
training for their certified foster families.
(g) (1) Training certificates shall be submitted to the
appropriate licensing or foster family agency.
(2) Upon completion, a licensed or certified parent shall submit a
certificate of completion for the annual training requirements.
(h) Nothing in
this section shall preclude a county or a foster family agency from
requiring foster parent training in excess of the requirements in
this section.
(i) This section shall become operative on January 1, 2017.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 3. Section 236.1 of the Penal Code is amended to read:
236.1. (a) Any A person who
deprives or violates the personal liberty of another with the intent
to obtain forced labor or services, is guilty of human trafficking
and shall be punished by imprisonment in the state prison for 5, 8,
or 12 years and a fine of not more than five hundred thousand dollars
($500,000).
(b) Any A person who deprives or
violates the personal liberty of another with the intent to effect or
maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1,
311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human
trafficking and shall be punished by imprisonment in the state prison
for 8, 14, or 20 years and a fine of not more than five hundred
thousand dollars ($500,000).
(c) Any A person who causes,
induces, or persuades, or attempts to cause, induce, or persuade, a
person who is a minor at the time of commission of the offense to
engage in a commercial sex act, with the intent to effect or maintain
a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2,
311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking. A
violation of this subdivision is punishable by imprisonment in the
state prison as follows:
(1) Five, 8, or 12 years and a fine of not more than five hundred
thousand dollars ($500,000).
(2) Fifteen years to life and a fine of not more than five hundred
thousand dollars ($500,000) when the offense involves force, fear,
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person.
(d) In determining whether a minor was caused, induced, or
persuaded to engage in a commercial sex act, the totality of the
circumstances, including the age of the victim, his or her
relationship to the trafficker or agents of the trafficker, and any
handicap or disability of the victim, shall be considered.
(e) Consent by a victim of human trafficking who is a minor at the
time of the commission of the offense is not a defense to a criminal
prosecution under this section.
(f) Mistake of fact as to the age of a victim of human trafficking
who is a minor at the time of the commission of the offense is not a
defense to a criminal prosecution under this section.
(g) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8)
7102(9) of Title 22 of the United States Code.
(h) For purposes of this chapter, the following definitions apply:
(1) "Coercion" includes any a
scheme, plan, or pattern intended to cause a person to believe that
failure to perform an act would result in serious harm to or physical
restraint against any person; the abuse or threatened abuse of the
legal process; debt bondage; or providing and facilitating the
possession of any a controlled
substance to a person with the intent to impair the person's
judgment.
(2) "Commercial sex act" means sexual conduct on account of which
anything of value is given or received by any
a person.
(3) "Deprivation or violation of the personal liberty of another"
includes substantial and sustained restriction of another's liberty
accomplished through force, fear, fraud, deceit, coercion, violence,
duress, menace, or threat of unlawful injury to the victim or to
another person, under circumstances where the person receiving or
apprehending the threat reasonably believes that it is likely that
the person making the threat would carry it out.
(4) "Duress" includes a direct or implied threat of force,
violence, danger, hardship, or retribution sufficient to cause a
reasonable person to acquiesce in or perform an act which he or she
would otherwise not have submitted to or performed; a direct or
implied threat to destroy, conceal, remove, confiscate, or possess
any an actual or purported passport or
immigration document of the victim; or knowingly destroying,
concealing, removing, confiscating, or possessing any
an actual or purported passport or immigration
document of the victim.
(5) "Forced labor or services" means labor or services that are
performed or provided by a person and are obtained or maintained
through force, fraud, duress, or coercion, or equivalent conduct that
would reasonably overbear the will of the person.
(6) "Great bodily injury" means a significant or substantial
physical injury.
(7) "Human trafficking victim" means a person who is a victim of
any of the acts described in subdivisions (a), (b) or (c).
(7)
(8) "Minor" means a person less than 18 years of age.
(8)
(9) "Serious harm" includes any harm, whether physical
or nonphysical, including psychological, financial, or reputational
harm, that is sufficiently serious, under all the surrounding
circumstances, to compel a reasonable person of the same background
and in the same circumstances to perform or to continue performing
labor, services, or commercial sexual acts in order to avoid
incurring that harm.
(10) "Nonviolent crime" means any crime or offense other than
murder, attempted murder, voluntary manslaughter, mayhem, kidnapping,
rape, robbery, arson, carjacking, or any other violent felony as
defined in subdivision (c) of Section 667.5.
(i) The total circumstances, including the age of the victim, the
relationship between the victim and the trafficker or agents of the
trafficker, and any handicap or disability of the victim, shall be
factors to consider in determining the presence of "deprivation or
violation of the personal liberty of another," "duress," and
"coercion" as described in this section.
SEC. 4. Section 236.21 is added to the Penal Code, to read:
236.21. (a) (1) A peace officer coming in contact with a person
described in Section 236.2 shall determine whether the person meets
either of the following criteria:
(A) A minor who has engaged in a commercial sex act or is
suspected or charged with committing a crime constituting a
commercial sex act, including a violation of subdivision (b) of
Section 647 or Section 653.22.
(B) A minor who is a human trafficking victim.
(2) If the peace officer determines that the person is a minor who
is a human trafficking victim pursuant to subparagraph (B) of
paragraph (1), the peace officer shall additionally determine whether
any non-violent crime the person is suspected of or charged with was
committed as a direct result of being a human trafficking victim.
The peace officer shall make a record of the determinations made
pursuant to this subdivision.
(b) Immediately upon making either of the determinations specified
in subdivision (a), the peace officer shall report suspected abuse
or neglect of that minor to the agency given responsibility for
investigation of cases under Section 300 of the Welfare and
Institutions Code in accordance with Section 11166.
(c) If the peace officer makes either of the determinations
specified in subdivision (a), he or she shall not arrest the minor
for the suspected crime, and the law enforcement agency having
jurisdiction over the offense shall seal and subsequently destroy its
records of any arrest previously made for the offense pursuant to
subdivision (a) of Section 851.8 and take the other actions required
by that section, as if a determination of factual innocence had been
made and concurred in by the prosecuting attorney upon petition by
the minor pursuant to subdivision (a) of Section 851.8.
SEC. 5. Section 236.22 is added to the Penal Code, to read:
236.22. (a) Upon a determination made pursuant to Section 236.21
that a minor has engaged in a commercial sex act, the minor is immune
from prosecution as a juvenile or an adult for any crime based on
that act, including prosecution for violations of subdivision (b) of
Section 647 or Section 653.22.
(b) Upon a determination made pursuant to Section 236.21 that a
minor suspected of, or charged with, a non-violent crime was a human
trafficking victim at the time of the offense and the crime was a
direct result of being a human trafficking victim, the minor is
immune from prosecution as a juvenile or an adult for that crime.
(c) A minor determined to be immune from prosecution for a crime
pursuant to subdivision (a) or (b) shall not be subject to the
jurisdiction of the juvenile court pursuant to subdivision (a) or (b)
of Section 601 of the Welfare and Institutions Code for the conduct
that led to the minor being suspected of or charged with that crime.
(d) A minor found to be immune from prosecution for a crime
pursuant to subdivision (a) or (b) may be adjudged to be a dependent
subject to the jurisdiction of the juvenile court pursuant to
paragraph (2) of subdivision (b) of Section 300 of the Welfare and
Institutions Code and may be taken into temporary custody pursuant to
subdivision (a) of Section 305 of the Welfare and Institutions Code
upon a reasonable belief that the conditions of subdivision (a) of
Section 305 are met, including that custody is necessary to protect
the minor from a person found or suspected to have committed any of
the acts described in subdivisions (a), (b) or (c), of Section 236.1.
(e) If a minor found to be immune from prosecution for a crime
pursuant to subdivision (a) or (b) was arrested for that crime, any
law enforcement agency or court having jurisdiction over the offense
shall seal and subsequently destroy records relating to that offense
pursuant to subdivision (a) of Section 851.8, and take the other
actions required by that section, as if a determination of factual
innocence had been made and concurred in by the prosecuting attorney
upon petition by the minor pursuant to subdivision (a) of Section
851.8.
(f) This section shall become operative on June 30, 2017 and
applies to offenses committed on or after that date.
SEC. 6. Section 647 of the Penal Code is amended to read:
647. Except as provided in paragraph (2) of subdivision (b)
and subdivision (l), every person who commits any of the
following acts is guilty of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) (1) Who solicits or who agrees to engage
in or who engages in any act of prostitution. A person agrees to
engage in an act of prostitution when, with specific intent to so
engage, he or she manifests an acceptance of an offer or solicitation
to so engage, regardless of whether the offer or solicitation was
made by a person who also possessed the specific intent to engage in
prostitution. No agreement to engage in an act of prostitution shall
constitute a violation of this subdivision unless some act, in
addition to the agreement, is done within this state in furtherance
of the commission of an act of prostitution by the person agreeing to
engage in that act. As used in this subdivision, "prostitution"
includes any lewd act between persons for money or other
consideration.
(2) Notwithstanding paragraph (1), commencing June 30, 2017, an
arrest shall not be made and punishment shall not be imposed for a
violation of paragraph (1) on a person under 18 years of age who
exchanges, or attempts or offers to exchange, sex acts in return for
money or other consideration. Instead, the person may be subject to
the jurisdiction of the juvenile court pursuant to paragraph (2) of
subdivision (b) of Section 300 of the Welfare and Institutions Code.
A peace officer who detains a minor for a violation of this
subdivision shall report suspected abuse or neglect of the minor to
the agency given responsibility for investigation of cases under
Section 300 of the Welfare and Institutions Code in accordance with
Section 11166.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) Any person who intentionally distributes the image of the
intimate body part or parts of another identifiable person, or an
image of the person depicted engaged in an act of sexual intercourse,
sodomy, oral copulation, sexual penetration, or an image of
masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or
understand that the image shall remain private, the person
distributing the image knows or should know that distribution of the
image will cause serious emotional distress, and the person depicted
suffers that distress.
(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
(C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an
unlawful activity.
(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public
proceeding.
(5) This subdivision shall not preclude punishment under any
section of law providing for greater punishment.
(k) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.
In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for any violation of subdivision (b) that was committed within
1,000 feet of a private residence and with the use of a vehicle. In
lieu of the suspension, the court may order a person's privilege to
operate a motor vehicle restricted, for not more than six months, to
necessary travel to and from the person's place of employment or
education. If driving a motor vehicle is necessary to perform the
duties of the person's employment, the court may also allow the
person to drive in that person's scope of employment.
(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.
(m) (1) If a crime is committed in violation of subdivision (b)
and the person who was solicited was a minor at the time of the
offense, and if the defendant knew or should have known that the
person who was solicited was a minor at the time of the offense, the
violation is punishable by imprisonment in a county jail for not less
than two days and not more than one year, or by a fine not exceeding
ten thousand dollars ($10,000), or by both that fine and
imprisonment.
(2) The court may, in unusual cases, when the interests of justice
are best served, reduce or eliminate the mandatory two days of
imprisonment in a county jail required by this subdivision. If the
court reduces or eliminates the mandatory two days' imprisonment, the
court shall specify the reason on the record.
SEC. 7. Section 653.22 of the Penal Code is amended to read:
653.22. (a) It (1)
Except as specified in paragraph (2), it is unlawful for any
person to loiter in any public place with the intent to commit
prostitution. This intent is evidenced by acting in a manner and
under circumstances which that openly
demonstrate the purpose of inducing, enticing, or soliciting
prostitution, or procuring another to commit prostitution.
(2) Notwithstanding paragraph (1), commencing June 30, 2017, an
arrest shall not be made and punishment may not be imposed for a
violation of paragraph (1) on a person under 18 years of age who
exchanges, or attempts or offers to exchange, sex acts in return for
money or other consideration. Instead, the person may be subject to
the jurisdiction of the juvenile court pursuant to paragraph (2) of
subdivision (b) of Section 300 of the Welfare and Institutions Code.
A peace officer who detains a minor for a violation of this section
shall report suspected abuse or neglect of the minor to the agency
given responsibility for investigation of cases under Section 300 of
the Welfare and Institutions Code in accordance with Section 11166.
(b) Among the circumstances that may be considered in determining
whether a person loiters with the intent to commit prostitution are
that the person:
(1) Repeatedly beckons to, stops, engages in conversations with,
or attempts to stop or engage in conversations with passersby,
indicative of soliciting for prostitution.
(2) Repeatedly stops or attempts to stop motor vehicles by hailing
the drivers, waving arms, or making any other bodily gestures, or
engages or attempts to engage the drivers or passengers of the motor
vehicles in conversation, indicative of soliciting for prostitution.
(3) Has been convicted of violating this section, subdivision (a)
or (b) of Section 647, or any other offense relating to or involving
prostitution, within five years of the arrest under this section.
(4) Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to contact or stop pedestrians or other
motorists, indicative of soliciting for prostitution.
(5) Has engaged, within six months prior to the arrest under this
section, in any behavior described in this subdivision, with the
exception of paragraph (3), or in any other behavior indicative of
prostitution activity.
(c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should be
considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances may
be considered in determining whether a person has the requisite
intent. Moreover, no one circumstance or combination of circumstances
is in itself determinative of intent. Intent must be determined
based on an evaluation of the particular circumstances of each case.
SEC. 8. Section 13519.14 of the Penal Code is amended to read:
13519.14. (a) The commission shall implement by January 1, 2007,
a course or courses of instruction for the training of law
enforcement officers in California in the handling of human
trafficking complaints and also shall develop guidelines for law
enforcement response to human trafficking. The course or courses
of instruction and the
guidelines shall stress the dynamics and manifestations of human
trafficking, identifying and communicating with victims, providing
documentation that satisfy the Law Enforcement Agency (LEA)
endorsement required by federal law, collaboration with federal law
enforcement officials, therapeutically appropriate investigative
techniques, the availability of civil and immigration remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include human trafficking experts with
experience in the delivery of direct services to victims of human
trafficking. Completion of the course may be satisfied by
telecommunication, video training tape, or other instruction.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
and any peace officer of the Department of the California Highway
Patrol, as defined by subdivision (a) of Section 830.2.
(c) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of human trafficking.
(d) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways human trafficking training may be included as a part of
ongoing programs.
(e) Every law enforcement officer who is assigned field or
investigative duties shall complete a minimum of two hours of
training in a course or courses of instruction pertaining to the
handling of human trafficking complaints as described in subdivision
(a) by July 1, 2014, or within six months of being assigned to that
position, whichever is later.
(f) The commission shall update the training implemented pursuant
to this section by July 1, 2018, to include specific instruction on
law enforcement responsibilities to determine the status of children
as victims of human trafficking pursuant to Sections 236.21, 236.22,
647 and 653.22.
SEC. 9. Section 300 of the Welfare and Institutions Code is
amended to read:
300. A child who comes within any of the following descriptions
is within the jurisdiction of the juvenile court which may adjudge
that person to be a dependent child of the court:
(a) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted
nonaccidentally upon the child by the child's parent or guardian. For
purposes of this subdivision, a court may find there is a
substantial risk of serious future injury based on the manner in
which a less serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's siblings, or a
combination of these and other actions by the parent or guardian that
indicate the child is at risk of serious physical harm. For purposes
of this subdivision, "serious physical harm" does not include
reasonable and age-appropriate spanking to the buttocks if there is
no evidence of serious physical injury.
(b) (1) The child has suffered, or there is a substantial risk
that the child will suffer, serious physical harm or illness, as a
result of the failure or inability of his or her parent or guardian
to adequately supervise or protect the child, or the willful or
negligent failure of the child's parent or guardian to adequately
supervise or protect the child from the conduct of the custodian with
whom the child has been left, or by the willful or negligent failure
of the parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by the inability of the
parent or guardian to provide regular care for the child due to the
parent's or guardian's mental illness, developmental disability, or
substance abuse. A child shall not be found to be a person described
by this subdivision solely due to the lack of an emergency shelter
for the family. Whenever it is alleged that a child comes within the
jurisdiction of the court on the basis of the parent's or guardian's
willful failure to provide adequate medical treatment or specific
decision to provide spiritual treatment through prayer, the court
shall give deference to the parent's or guardian's medical treatment,
nontreatment, or spiritual treatment through prayer alone in
accordance with the tenets and practices of a recognized church or
religious denomination, by an accredited practitioner thereof, and
shall not assume jurisdiction unless necessary to protect the child
from suffering serious physical harm or illness. In making its
determination, the court shall consider (1) the nature of the
treatment proposed by the parent or guardian, (2) the risks to the
child posed by the course of treatment or nontreatment proposed by
the parent or guardian, (3) the risk, if any, of the course of
treatment being proposed by the petitioning agency, and (4) the
likely success of the courses of treatment or nontreatment proposed
by the parent or guardian and agency. The child shall continue to be
a dependent child pursuant to this subdivision only so long as is
necessary to protect the child from risk of suffering serious
physical harm or illness.
(2) The Legislature finds and declares that a child who is
sexually trafficked a human trafficking
victim , as described defined in
paragraph (7) of subdivision (h) of Section
236.1 of the Penal Code, or who receives food or shelter in exchange
for, or who is paid to perform, sexual acts described in Section
236.1 or 11165.1 of the Penal Code, and whose
parent or guardian failed to, or was unable to, protect the child, is
within the description of this subdivision, and that this finding is
declaratory of existing law. These children shall be known as
child trafficking victims or commercially sexually exploited
children.
(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced by
severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. A child shall not be found to be a person
described by this subdivision if the willful failure of the parent
or guardian to provide adequate mental health treatment is based on a
sincerely held religious belief and if a less intrusive judicial
intervention is available.
(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has failed
to adequately protect the child from sexual abuse when the parent or
guardian knew or reasonably should have known that the child was in
danger of sexual abuse.
(e) The child is under the age of five years and has suffered
severe physical abuse by a parent, or by any person known by the
parent, if the parent knew or reasonably should have known that the
person was physically abusing the child. For the purposes of this
subdivision, "severe physical abuse" means any of the following: any
single act of abuse which causes physical trauma of sufficient
severity that, if left untreated, would cause permanent physical
disfigurement, permanent physical disability, or death; any single
act of sexual abuse which causes significant bleeding, deep bruising,
or significant external or internal swelling; or more than one act
of physical abuse, each of which causes bleeding, deep bruising,
significant external or internal swelling, bone fracture, or
unconsciousness; or the willful, prolonged failure to provide
adequate food. A child shall not be removed from the physical custody
of his or her parent or guardian on the basis of a finding of severe
physical abuse unless the social worker has made an allegation of
severe physical abuse pursuant to Section 332.
(f) The child's parent or guardian caused the death of another
child through abuse or neglect.
(g) The child has been left without any provision for support;
physical custody of the child has been voluntarily surrendered
pursuant to Section 1255.7 of the Health and Safety Code and the
child has not been reclaimed within the 14-day period specified in
subdivision (g) of that section; the child's parent has been
incarcerated or institutionalized and cannot arrange for the care of
the child; or a relative or other adult custodian with whom the child
resides or has been left is unwilling or unable to provide care or
support for the child, the whereabouts of the parent are unknown, and
reasonable efforts to locate the parent have been unsuccessful.
(h) The child has been freed for adoption by one or both parents
for 12 months by either relinquishment or termination of parental
rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from an
act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of being
subjected to an act or acts of cruelty.
(j) The child's sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial
risk that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances surrounding
the abuse or neglect of the sibling, the age and gender of each
child, the nature of the abuse or neglect of the sibling, the mental
condition of the parent or guardian, and any other factors the court
considers probative in determining whether there is a substantial
risk to the child.
It is the intent of the Legislature that this section not disrupt
the family unnecessarily or intrude inappropriately into family life,
prohibit the use of reasonable methods of parental discipline, or
prescribe a particular method of parenting. Further, this section is
not intended to limit the offering of voluntary services to those
families in need of assistance but who do not come within the
descriptions of this section. To the extent that savings accrue to
the state from child welfare services funding obtained as a result of
the enactment of the act that enacted this section, those savings
shall be used to promote services which support family maintenance
and family reunification plans, such as client transportation,
out-of-home respite care, parenting training, and the provision of
temporary or emergency in-home caretakers and persons teaching and
demonstrating homemaking skills. The Legislature further declares
that a physical disability, such as blindness or deafness, is no bar
to the raising of happy and well-adjusted children and that a court's
determination pursuant to this section shall center upon whether a
parent's disability prevents him or her from exercising care and
control. The Legislature further declares that a child whose parent
has been adjudged a dependent child of the court pursuant to this
section shall not be considered to be at risk of abuse or neglect
solely because of the age, dependent status, or foster care status of
the parent.
As used in this section, "guardian" means the legal guardian of
the child.
SEC. 10. Chapter 4 (commencing with Section 2200) is added to
Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER 4. STATE PLAN TO SERVE AND PROTECT CHILD TRAFFICKING
VICTIMS
2200. This chapter shall be known, and may be cited, as the State
Plan to Serve and Protect Child Trafficking Victims.
2201. (a) The purpose of this chapter is to establish the
framework for a coordinated effort and plan to serve and protect all
children who are human trafficking victims. In the implementation of
the continuum of care reform, pursuant to Chapter 773 of the Statutes
of 2015, the State Department of Social Services shall ensure the
necessary care, support, social service needs, and treatment of child
trafficking victims in the child welfare system.
(b) The California Health and Human Services Agency shall, no
later than January 30, 2017, convene an interagency workgroup, in
accordance with Section 2202 for the purposes specified in
subdivision (a), in consultation with the California Child Welfare
Council established pursuant to Section 16540, and to continue the
work currently being done under the council's direction.
(c) For purposes of this chapter, "child trafficking victim" has
the meaning set forth in paragraph (2) of subdivision (b) of Section
300.
2202. (a) The interagency workgroup shall be comprised of
representatives from the State Department of Health Care Services,
the Children and Family Services Division of the State Department of
Social Services, the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, and the State Department of Education,
and shall include a broad spectrum of stakeholders who are
responsible for addressing the needs of this population, including,
but not limited to, local government agencies, human trafficking
service providers, the County Behavioral Directors Association of
California, county probation officers, the County Welfare Directors
Association of California, youth advocates, court representatives,
and human trafficking survivors.
(b) The workgroup shall conduct a thorough review of existing
programs and services for child trafficking victims to identify areas
of need. The workgroup shall develop strategies and recommendations
for policies, interagency response protocols, and services that will
ensure that child trafficking victims have access to the services and
support needed for their safety and recovery.
(c) The workgroup shall develop a comprehensive state plan to
serve and protect sexually exploited and trafficked minors, including
recommendations and a timeline for implementation. The plan shall
include, at a minimum, all of the following:
(1) A multiagency-coordinated child trafficking response protocol
and guidelines for local implementation that address prevention,
identification, screening, assessment, immediate and safe shelter,
and clear lines of ongoing responsibility to ensure that child
trafficking victims have access to the necessary continuum of
treatment options, as determined by the workgroup.
(2) Whether new specialized services and programs are needed to
ensure that child trafficking victims have access to safe and
appropriate services, the identification of funding sources, and a
timeline for the creation of those services and programs.
(3) The identification of training needs for child welfare staff,
law enforcement, and probation staff regarding child trafficking
response protocols, and a plan and timeline to implement necessary
training.
(4) The development of data collection and sharing protocols among
agencies.
(d) In developing the plan, the workgroup shall consider both of
the following:
(1) Existing laws and practices in other states and jurisdictions
that have developed response protocols and policies to respond to
sexual exploitation of minors and child trafficking and the outcomes
and unintended consequences of those protocols and policies.
(2) The adequacy of existing response protocols and services,
including identification, screening, assessment, immediate and safe
shelter, and the range of treatment options for child trafficking
victims.
(e) The workgroup, in collaboration with the California Child
Welfare Council, shall submit the plan, including implementation
recommendations and a timeline, to the Legislature, Judicial Council,
and the Governor no later than January 30, 2018.
(f) Reports submitted to the Legislature pursuant to this section
shall be submitted in compliance with Section 9795 of the Government
Code.
SEC. 11. Chapter 5 (commencing with Section 2300) is added to
Division 2.5 of the Welfare and Institutions Code, to read:
CHAPTER 5. DEVELOPMENT OF SPECIALIZED FACILITIES AND
ASSESSMENT TOOLS TO PROTECT CHILD TRAFFICKING VICTIMS
2300. (a) In the implementation of the continuum of care reform,
pursuant to Chapter 773 of the Statutes of 2015, the State Department
of Social Services shall ensure the necessary care, support, social
service needs, and treatment of child trafficking victims in the
child welfare system. It shall establish, in consultation with county
welfare departments and other stakeholders as appropriate, a working
group to develop recommendations for the board, care, and
supervision of child trafficking victims as defined in paragraph (2)
of subdivision (b) of Section 300 who are in need of a placement in
facilities that will protect them from traffickers and provide needed
specialized support and services. The plan shall address placement
options that promote a continuum of care based on the best interests
of the youth, including placements that provide immediate crisis care
and assessment in facilities in which victims are protected from
their traffickers, long-term placements in family-based settings, and
specialized congregate care placements that support independent
living with services that promote successful transition to adulthood.
The recommendations shall be included in the recommendations
submitted pursuant to Section 11461.2.
(b) In developing its recommendations, the department shall
identify strategies to do all of the following:
(1) Recruit and train family-based foster care providers
specifically to serve this population and considerations for their
need for safety when caring for this population.
(2) Support family finding and engagement activities for child
trafficking victims as defined in paragraph (2) of subdivision (b) of
Section 300 and for children who are at risk of becoming victims.
(3) Support training and education for at-risk foster youth in
out-of-home placements to reduce the likelihood of human trafficking
as specified in subdivisions (a), (b), and (c), of Section 236.1 of
the Penal Code.
(4) Support drop-in centers to provide crisis intervention and
support to trafficked or commercially exploited minors and to
re-engage them in the child welfare system.
(5) Provide for an exemption process for human trafficking victims
to be employed in foster care facilities if the crime was committed
under threat from their trafficker.
2301. (a) The State Department of Social Services, with input
from county child welfare agencies, probation departments, and other
stakeholders as appropriate, shall identify, develop, and disseminate
screening tools for use by county child welfare and probation staff
to identify children who are or are at risk of becoming child
trafficking victims as defined by paragraph (2) of subdivision (b) of
Section 300. No later than December 31, 2017, the department shall
provide counties with guidance on the use of the screening tools,
including when youth are referred to or placed into care, as
appropriate for children who are at risk and in the foster care
system.
(b) The State Department of Social Services and the State
Department of Health Care Services, in consultation with county child
welfare and county mental health representatives and other
stakeholders as appropriate, shall identify tools and best practices
to screen, assess and serve child trafficking victims. The department
shall develop curriculum and provide training to local
multi-disciplinary teams as defined in paragraph (2) of subdivision
(c) of Section 2303 no later than December 31, 2017, for assessing
and jointly serving this population.
2302. (a) The State Department of Social Services, in
consultation with the County Welfare Directors Association, shall
ensure that the Child Welfare Services Case Management System is
capable of collecting data concerning child trafficking victims as
defined in paragraph (2) of subdivision (c) of Section 300, including
children who are referred to the child abuse hotline, as well as
children currently served by child welfare and probation departments
and who subsequently are identified as child trafficking victims.
(b) The department shall complete the requirements of subdivision
(a) no later than December 1, 2017, including the dissemination of
any necessary instructions on data entry to county child welfare
staff.
2303. (a) (1) Each county shall develop an interagency protocol
to be utilized in serving child trafficking victims as defined in
paragraph (2) of subdivision (b) of Section 300. Each county's
protocol shall be adopted by the board of supervisors not later than
June 30, 2017. The protocols shall identify the roles and
responsibilities of county-based agencies and other local service
providers in responding to and supporting a coordinated community
response to serve victims of trafficking or commercial sexual
exploitation. At minimum, the protocol shall identify the roles and
responsibilities of the following county administrators in their
oversight and administration of services to victims:
(A) The district attorney.
(B) Behavioral health.
(C) Child welfare.
(D) Probation.
(E) Public health.
(F) Substance use disorder services.
(G) The Sheriff.
(H) The County Superintendent of Schools.
(I) The presiding juvenile court judge.
(2) The county interagency protocol shall be developed by a team
led by a representative appointed by the director of the county human
services department and shall include representatives appointed by
the director of each of the agencies listed in paragraph (1).
(3) The county shall ensure input into the development of local
protocols from local service providers specializing in services to
victims of rape and sexual assault, runaways and homeless youth,
youth advocates, survivors of trafficking, and others as deemed
appropriate.
(b) At a minimum, the interagency protocol shall address the
provision of services to child trafficking victims, including but not
limited to, all of the following:
(1) Identifying at least one representative from each county
agency noted in subdivision (a) to serve as a point of contact with
specialized training on serving victims of trafficking or commercial
sexual exploitation.
(2) The use of a multidisciplinary team approach to provide
coordinated case management, service planning, and services to
minors. A multidisciplinary team serving a minor pursuant to this
section shall include, but not be limited to, appropriate staff from
the county child welfare, probation, mental health, substance use
disorder, and public health departments. As warranted, the
multidisciplinary team may also include representatives from local
law enforcement, prosecutors, and defense attorneys, attorneys
representing children, federal law enforcement, school-based
personnel, and community-based providers, as determined by local
protocols.
(c) The protocol shall describe how the county will adhere to the
following principles in serving this population:
(1) View trafficked minors or commercial sexually exploited youth
as victims, not criminals, avoiding arrest and detention whenever
possible.
(2) Provide youth with "victim-centered" and trauma-informed care
and services.
(3) Make youth safety a key concern.
(4) Treat victims with respect and take into account their
cultural and linguistic needs.
(5) Support continuous quality improvement based on available
data, research, and experience to improve system response and better
outcomes for child victims of trafficking or commercial exploitation.
(6) Involve human trafficking victims in the providing of
supportive services.
(7) Provide recommendations and updates to the State Plan to Serve
and Protect Child Trafficking Victims, as described in Chapter 4
(commencing with Section 2200) of Division 2.5.
SEC. 12. Section 16206 of the Welfare and Institutions Code is
amended to read:
16206. (a) The purpose of the program is to develop and implement
statewide coordinated training programs designed specifically to
meet the needs of county child protective services social workers
assigned emergency response, family maintenance, family
reunification, permanent placement, and adoption responsibilities. It
is the intent of the Legislature that the program include training
for other agencies under contract with county welfare departments to
provide child welfare services. In addition, the program shall
provide training programs for persons defined as a mandated reporter
pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code). The program shall provide the services required in
this section to the extent possible within the total allocation. If
allocations are insufficient, the department, in consultation with
the grantee or grantees and the Child Welfare Training Advisory
Board, shall prioritize the efforts of the program, giving primary
attention to the most urgently needed services. County child
protective services social workers assigned emergency response
responsibilities shall receive first priority for training pursuant
to this section.
(b) The training program shall provide practice-relevant training
for mandated child abuse reporters and all members of the child
welfare delivery system that will address critical issues affecting
the well-being of children, and shall develop curriculum materials
and training resources for use in meeting staff development needs of
mandated child abuse reporters and child welfare personnel in public
and private agency settings.
(c) The training provided pursuant to this section shall include
all of the following:
(1) Crisis intervention.
(2) Investigative techniques.
(3) Rules of evidence.
(4) Indicators of abuse and neglect.
(5) Assessment criteria, including the application of guidelines
for assessment of relatives for placement according to the criteria
described in Section 361.3.
(6) Intervention strategies.
(7) Legal requirements of child protection, including requirements
of child abuse reporting laws.
(8) Case management.
(9) Use of community resources.
(10) Information regarding the dynamics and effects of domestic
violence upon families and children, including indicators and
dynamics of teen dating violence.
(11) Posttraumatic Post-traumatic
stress disorder and the causes, symptoms, and treatment of
posttraumatic post-traumatic stress disorder
in children.
(12) The importance of maintaining relationships with individuals
who are important to a child in out-of-home placement, including
methods to identify those individuals, consistent with the child's
best interests, including, but not limited to, asking the child about
individuals who are important, and ways to maintain and support
those relationships.
(13) Instruction on cultural competency and sensitivity and
related best practices for providing adequate care to child
trafficking victims.
(13)
(14) The legal duties of a child protective services
social worker, in order to protect the legal rights and safety of
children and families from the initial time of contact during
investigation through treatment.
(14)
(15) The information described in subdivision (d) of
Section 16501.4.
(d) The training provided pursuant to this section may also
include any or all of the following:
(1) Child development and parenting.
(2) Intake, interviewing, and initial assessment.
(3) Casework and treatment.
(4) Medical aspects of child abuse and neglect.
(e) The training program in each county shall assess the program's
performance at least annually and forward it to the State Department
of Social Services for an evaluation. The assessment shall include,
at a minimum, all of the following:
(1) Workforce data, including education, qualifications, and
demographics.
(2) The number of persons trained.
(3) The type of training provided.
(4) The degree to which the training is perceived by participants
as useful in practice.
(5) Any additional information or data deemed necessary by the
department for reporting, oversight, and monitoring purposes.
(f) The training program shall provide practice-relevant training
to county child protective services social workers who screen
referrals for child abuse or neglect and for all workers assigned to
provide emergency response, family maintenance, family reunification,
and permanent placement services. The training shall be developed in
consultation with the Child Welfare Training Advisory Board and
domestic violence victims' advocates and other public and private
agencies that provide programs for victims of domestic violence or
programs of intervention for perpetrators.
SEC. 13. Section 16540 of the Welfare and Institutions Code is
amended to read:
16540. The California Child Welfare Council is hereby
established, which shall serve as an advisory body responsible for
improving the collaboration and processes of the multiple agencies
and the courts that serve the children and youth in the child welfare
and foster care systems. The council shall monitor and report the
extent to which child welfare and foster care programs and the courts
are responsive to the needs of children in their joint care. The
council shall issue advisory reports whenever it deems appropriate,
but in any event, no less frequently than annually, to the Governor,
the Legislature, the Judicial Council, and the public. A report of
the Child Welfare Council shall, at a minimum, include
recommendations for all of the following:
(a) Ensuring that all state child welfare, foster care, and
judicial funding and services for children, youth, and families is,
to the greatest extent possible, coordinated to eliminate
fragmentation and duplication of services provided to children or
families who would benefit from integrated multiagency services.
(b) Increasing the quality, appropriateness, and effectiveness of
program services and judicial processes delivered to children, youth,
and families who would benefit from integrated multiagency services
to achieve better outcomes for these children, youth, and families.
(c) Promoting consistent program and judicial excellence across
counties to the greatest extent possible while recognizing the
demographic, geographic, and financial differences among the
counties.
(d) Increasing collaboration and coordination between county
agencies, state agencies, federal agencies, and the courts.
(e) Ensuring that all state Title IV-E plans, program improvement
plans, and court improvement plans demonstrate effective
collaboration between public agencies and the courts.
(f) Assisting the Secretary of California Health and Human
Services and the chief justice in formulating policies for the
effective administration of the child welfare and foster care
programs and judicial processes.
(g) Modifying program practices and court processes, rate
structures, and other system changes needed to promote and support
relative caregivers, family foster parents, therapeutic placements,
and other placements for children who cannot remain in the family
home.
(h) Developing data- and information-sharing agreements and
protocols for the exchange of aggregate data across program and court
systems that are providing services to children and families in the
child welfare system. These data-sharing agreements shall allow child
welfare agencies and the courts to access data concerning the
health, mental health, special education, and educational status and
progress of children served by county child welfare systems subject
to state and federal confidentiality laws and regulations. They shall
be developed in tandem with the establishment of judicial case
management systems as well as additional or enhanced performance
measures described in subdivision (b) of Section 16544.
(i) Developing systematic methods for obtaining policy
recommendations from foster youth about the effectiveness and quality
of program services and judicial processes, and ensuring that the
interests of foster youth are adequately addressed in all policy
development.
(j) Implementing legislative enactments in the child welfare and
foster care programs and the courts, and reporting to the Legislature
on the timeliness and consistency of the implementation.
(k) Monitoring the adequacy of resources necessary for the
implementation of existing programs and court processes, and the
prioritization of program and judicial responsibilities.
(l) Strengthening and increasing the independence and authority of
the foster care ombudsperson.
(m) Coordinating available services for former foster youth and
improving outreach efforts to those youth and their families.
(n) Providing recommendations and updates to the State Plan to
Serve and Protect Child Trafficking Victims, as described in Chapter
4 (commencing with Section 2200) of Division 2.5.
SEC. 14. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
