Amended in Senate May 7, 2013

Amended in Senate April 25, 2013

Amended in Senate April 1, 2013

Senate Bill No. 738

Introduced by Senator Yee

February 22, 2013

An act to amend Sections 1522.41 and 1529.2 of the Health and Safety Code, and to amend Sections begin delete 300, 16003, end delete begin insert 16003 end insert and 16540 of, begin insert to amend, repeal, and add Section 300 of, end insert and to add Chapter 4 (commencing with Section 2200) to Division 2.5 of, the Welfare and Institutions Code, relating to minors.

LEGISLATIVE COUNSEL’S DIGEST

SB 738, as amended, Yee. Sexually exploited and trafficked minors.

Existing law provides that a child may come within the jurisdiction of the juvenile court and become a dependent child of the court in certain cases, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment.

This bill would begin delete provide end delete begin insert provide, until January 1, 2017, end insert that a minor may come within the jurisdiction of the juvenile court and become a dependent child of the court if the minor is a victim of human trafficking or sexual exploitation, or received food or shelter in exchange for, or was paid to perform, sexual acts, and the parent or guardian failed or was unable to protect the child.

This bill would enact the State Plan to Serve and Protect Sexually Exploited and Trafficked Minors, and would require the California Health and Human Services Agency to, no later than January 30, 2014, convene an interagency workgroup, as prescribed, to develop the plan and require the workgroup to submit the plan to the Legislature, Judicial Council, and Governor, no later than January 30, 2015.

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 Sexually Exploited and Trafficked Minors.

Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate community care facilities, including foster family agencies and other facilities that provide foster care services for children. Existing law requires the department to develop, and an administrator of a group home facility to complete, a certification program that includes training in various areas. Existing law requires a foster family agency to provide, and a licensed foster parent to complete, prescribed preplacement training and additional annual training. Existing law requires a community college district with a foster care education program to make orientation and training available to a relative or nonrelative extended family member caregiver begin insert of a foster child end insert , as specified.

The bill would require the training for an administrator of a group home facility, licensed foster parent, and relative or nonrelative extended family member caregiver to include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to a sexually exploited and trafficked minor in out-of-home care. By expanding the duties of community college districts, this bill would impose a state-mandated local program.

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) The director, 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
a certification 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.

(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home
facility shall successfully complete a department-approved
certification program, pursuant to subdivision (c), prior to
employment. An administrator employed in a group home on the
effective date of this section shall meet the requirements of
paragraph (2) of subdivision (c).

(2) In those cases where 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 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.

(E) Community and support services.

(F) Physical needs for facility residents.

(G) 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 relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(J) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.

(K) Nonviolent emergency intervention and reporting
requirements.

(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
the School Safety and Violence Prevention Act (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 department shall adopt separate program requirements
for initial certification for persons who are employed as group
home administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section shall obtain a certificate by completing
the training and testing requirements imposed by the department
within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.

(3) Individuals applying for certification under this section shall
successfully complete an approved certification 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 (d) 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.

(d) 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.

(e) 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 facility. Any person willfully making any false
representation as being a certified administrator or facility manager
is guilty of a misdemeanor.

(f) (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 facility
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. Community college course hours
approved by the regional centers shall be accepted by the
department for certification.

(2) Every administrator of a group home facility 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 subdivision (f), 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.

(g) 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.

(h) (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
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 pursuant to subdivision (j).

(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home facilities.

(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes 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 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.

(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.

(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.

(k) Notwithstanding any provision of 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 facility 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 is
amended to read:

1529.2.  

(a) 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.

(b) (1) Every licensed foster parent shall complete a minimum
of 12 hours of foster parent training, as prescribed in paragraph
(3), before the placement of any foster children with the foster
parent. In addition, a foster parent shall complete a minimum of
eight hours of foster parent training annually, as prescribed in
paragraph (4). No child shall be placed in a foster family home
unless these requirements are met by the persons in the home who
are serving as the foster parents.

(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement 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 postplacement training requirement
or extend any established deadline for a period not to exceed one
year, if the postplacement training requirement presents a severe
and unavoidable obstacle to continuing as a foster parent. Obstacles
for which a county may grant a hardship waiver or extension are:

(i) Lack of access to training due to the cost or travel required.

(ii) Family emergency.

(B) Before a waiver or extension may be granted, the foster
parent should explore the opportunity of receiving training by
video or written materials.

(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:

(A) An overview of the child protective system.

(B) The effects of child abuse and neglect on child development.

(C) Positive discipline and the importance of self-esteem.

(D) Health issues in foster care.

(E) Accessing education and health services available to foster
children.

(F) 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.

(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(H) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.

(I) 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
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:

(A) Age-appropriate child development.

(B) Health issues in foster care.

(C) Positive discipline and the importance of self-esteem.

(D) Emancipation and independent living skills if a foster parent
is caring for youth.

(E) 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.

(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.

(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association’s
Conference, adult schools, and certified foster parent instructors.

(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.

(c) Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent
training in excess of the requirements in this section.

SEC. 3.  

Section 300 of the Welfare and Institutions Code is
amended to read:

300.  

Any 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 the 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 which 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 where there is no evidence of serious
physical injury.

(b) 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. No child shall 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.

(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. No child shall 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 begin delete the age of end delete five years begin insert of age end insert 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 may 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.

(k) The child is a victim of human trafficking, as described in
Section 236.1 of the Penal Code, is a victim of sexual exploitation,
as described in Section 11165.1 of the Penal Code, or receives
food or shelter in exchange for, or is paid to perform, sexual acts
described in Section 236.1 or 11165.1 of the Penal Code, and the
parent or guardian failed or was unable to protect the child.

It is the intent of the Legislature that nothing in this section
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,
nothing in this section is 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.

begin insert

This section shall become inoperative on January 1, 2017, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 300 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 300. end insert   

Any 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 the 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 which 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 where there is no
evidence of serious physical injury.

(b) 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. No child shall 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.

(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. No child shall 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 five years of age 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 may 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 nothing in this section
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,
nothing in this section is 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.

This section shall become operative on January 1, 2017.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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 Sexually
Exploited and Trafficked Minors

 

2200.  

This chapter shall be known, and may be cited, as the
State Plan to Serve and Protect Sexually Exploited and Trafficked
Minors.

2201.  

(a) The purpose of this chapter is to establish the
framework for a coordinated effort and plan to serve and protect
sexually exploited and trafficked minors.

(b) The California Health and Human Services Agency shall,
no later than January 30, 2014, convene an interagency workgroup,
in accordance with Section 2202, in consultation with the California
Child Welfare Council created by Section 16540, for this purpose.

(c) For purposes of this chapter, “child trafficking victim” means
an individual under 18 years of age who meets any of the following
conditions:

(1) Is a victim of human trafficking, as defined in Section 236.1
of the Penal Code.

(2) Is involved in prostitution, pornography, or stripping.

(3) Is engaged in survival sex, which is the exchange of sex for
money or other consideration, including food or shelter, in order
to ensure his or her survival.

2202.  

(a) The interagency workgroup shall be comprised of
the State Department of Health Care Services, the Children and
Family Services Division of the State Department of Social
Services, the Division of Juvenile Justice in the Department of
Corrections and Rehabilitation, 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 California Mental Health
Directors Association, county probation officers, the County
Welfare Directors Association, 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 supports 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) An evaluation of juvenile court jurisdiction pertaining to
child trafficking, including the adequacy of existing jurisdictional
statuses under Sections 241.1, 300, 601, and 602, and
recommendations for necessary changes.

(2) A multiagency-coordinated child trafficking response
protocol and guidelines for local implementation that addresses
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.

(3) If 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.

(4) The identification of training needs for child welfare staff,
law enforcement, and probation staff on child trafficking response
protocols, and a plan and timeline to implement necessary training.

(5) The development of data collection and sharing protocols
among agencies.

(d) In developing the plan, the workgroup shall consider 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 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, 2015.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 16003 of the Welfare and Institutions Code is
amended to read:

16003.  

(a) In order to promote the successful implementation
of the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program
shall make available orientation and training to the relative or
nonrelative extended family member caregiver into whose care
the county has placed a foster child pursuant to Section 1529.2 of
the Health and Safety Code, including, but not limited to, courses
that cover the following:

(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child
in foster care, 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.

(2) An overview of the child protective system.

(3) The effects of child abuse and neglect on child development.

(4) Positive discipline and the importance of self-esteem.

(5) Health issues in foster care.

(6) Accessing education and health services that are available
to foster children.

(7) Relationship and safety issues regarding contact with one
or both of the birth parents.

(8) Permanency options for relative or nonrelative extended
family member caregivers, including legal guardianship, the
Kinship Guardianship Assistance Payment Program, and kin
adoption.

(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.

(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(11) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.

(12) 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
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:

(1) Age-appropriate child development.

(2) Health issues in foster care.

(3) Positive discipline and the importance of self-esteem.

(4) Emancipation and independent living.

(5) Accessing education and health services available to foster
children.

(6) Relationship and safety issues regarding contact with one
or both of the birth parents.

(7) Permanency options for relative or nonrelative extended
family member caregivers, including legal guardianship, the
Kinship Guardianship Assistance Payment Program, and kin
adoption.

(8) 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
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education
program, in providing the orientation program, shall develop
appropriate program parameters in collaboration with the counties.

(d) Each community college district with a foster care education
program shall make every attempt to make the training and
orientation programs for relative or nonrelative extended family
member caregivers highly accessible in the communities in which
they reside.

(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver
of the availability of training and orientation programs and it is
the intent of the Legislature that the county shall forward the names
and addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.

(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

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 Sexually Exploited and Trafficked Minors,
as described in Chapter 4 (commencing with Section 2200) of
Division 2.5.

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

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.