BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1760


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          Date of Hearing:   April 21, 2016


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                Susan Bonilla, Chair


          AB 1760  
          (Santiago) - As Amended April 14, 2016


          SUBJECT:  Human trafficking


          SUMMARY:  Adopts a number of requirements for the Health and  
          Human Services Agency, Department of Social Services (DSS),  
          counties, and other entities, related to providing services for  
          child trafficking victims.  


          Specifically, this bill:  


          1)Requires that the administrator certification programs for  
            group homes and 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, as specified. 


          2)Defines "human trafficking victim" as a person who is the  
            victim of certain acts, including, but not limited to,  
            deprivation or violation of his or her personal liberty with  
            the intent to obtain forced labor or services, and commercial  
            sexual exploitation of a minor, as specified. 








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          3)Requires a peace officer, when coming into contact with a  
            person who is suspected to be a victim of human trafficking,  
            to make best efforts to determine if the person is a victim of  
            human trafficking, and further authorizes a peace officer to  
            seek the assistance of human trafficking experts, as  
            specified, to make a determination whether a person is a minor  
            who is a human trafficking victim.


          4)Requires a peace officer to record the determination and  
            provide it to the district attorney when that officer has both  
            determined that a minor is a victim of human trafficking and  
            also suspects that the minor has committed other crimes as a  
            direct result of being a human trafficking victim.


          5)Requires a peace officer to report suspected abuse or neglect  
            of a minor who is determined to be a victim of human  
            trafficking to the appropriate agency, and requires the peace  
            officer to consult with a child welfare worker regarding safe  
            placement for the minor for the purposes of separating the  
            minor from his or her trafficker, and further requires the  
            peace officer to transfer the minor to that placement.


          6)Provides that a minor may be taken into temporary protective  
            custody upon a reasonable belief that, among other things as  
            specified, such custody is necessary to protect the minor from  
            a person found or suspected to have committed human  
            trafficking.


          7)Requires the Commission on Peace Officer Standards and  
            Training (POST) to, by July 1, 2018, update its training to  
            include specific instruction on law enforcement  
            responsibilities to determine the status of children as  
            victims of human trafficking, as specified.








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          8)Expands Legislative findings and declarations regarding the  
            inclusion of commercially sexually exploited children (CSEC)  
            within the jurisdiction of the juvenile court to also  
            encompass children who are human trafficking victims, as  
            specified.


          9)Establishes the State Plan to Serve and Protect Child  
            Trafficking Victims, the purpose of which is to establish a  
            framework for serving children who are victims of human  
            trafficking, and further requires DSS, in the implementation  
            of the continuum of care reform, to ensure the necessary care,  
            support, social service needs, and treatment of child  
            trafficking victims in the child welfare system.


          10)Requires the California Health and Human Services Agency  
            (Agency) to, by January 30, 2017, convene an interagency  
            workgroup in consultation with the California Child Welfare  
            Council to continue the work already being done under the  
            council's direction, as specified.


          11)Requires the interagency workgroup to:


             a)   Be composed of representatives from specified entities;


             b)   Conduct a thorough review of existing programs and  
               services for child trafficking victims to identify areas of  
               need;


             c)   Develop strategies and recommendations for policies,  
               interagency response protocols, and services, as specified;  
               and








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             d)   Develop a comprehensive state plan to serve and protect  
               sexually exploited and trafficked minors, to be submitted  
               to the Legislature, Judicial Council and the Governor by  
               January 30, 2018, as specified.


          12)Requires DSS, in consultation with specified entities, to  
            create a working group to develop recommendations for the  
            board, care, and supervision of child trafficking victims who  
            are in need of specialized support and services, as specified.


          13)Requires DSS, with suggestions from specified stakeholders,  
            to 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 and further requires DSS, no later than  
            December 31, 2017, to provide counties with guidance on the  
            use of the screening tools. 


          14)Requires DSS and the Department of Health Care Services, in  
            consultation with specified stakeholders, to identify tools  
            and best practices to screen, assess, and serve child  
            trafficking victims and further requires DSS to develop  
            curriculum and provide training to local multidisciplinary  
            teams by December 31, 2017. 


          15)Requires DSS, in consultation with the County Welfare  
            Directors Association and the interagency workgroup, to ensure  
            that the Child Welfare Services Case Management System is  
            capable of collecting data concerning child trafficking  
            victims, as specified.


          16)Requires each county to develop an interagency protocol to be  








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            utilized in serving child trafficking victims, that, among  
            other things, identifies the roles and responsibilities of  
            county based agencies and local service responders in serving  
            victims of trafficking or commercial sexual exploitation.   
            Further requires each county's protocol to be adopted by the  
            board of supervisors no later than June 30, 2017. 


          17)Requires the California Child Welfare Council to provide  
            recommendations and updates to the State Plan to Serve and  
            Protect Child Trafficking Victims.


          EXISTING LAW:


          1)Requires law enforcement agencies to use due diligence to  
            identify all victims of human trafficking, regardless of the  
            person's citizenship.  (PEN 236.2)


          2)Specifies that when a peace officer comes into contact with a  
            person who has been deprived of his or her personal liberty, a  
            minor who has engaged in a commercial sex act, a person  
            suspected of violating specified prostitution offenses, or a  
            victim of a crime of domestic violence or sexual assault, the  
            peace officer shall consider if certain indicators of human  
            trafficking are present.  (PEN 236.2)


          3)States that any 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,  
            as specified.  (PEN 236.1(a))


          4)States that any person who deprives or violates the personal  
            liberty of another with the intent to effect or maintain a  
            violation of specified sex offenses, is guilty of human  








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            trafficking and shall be punished, as specified.  (PEN  
            236.1(b))


          5)States that any person who causes or persuades, or attempts to  
            cause or persuade, a person who is a minor to engage in a  
            commercial sex act, with the intent to effect a violation of  
            specified sex offenses, is guilty of human trafficking and  
            shall be punished as specified.  (PEN 236.1(c)(1) and (2))


          6)Defines "commercial sex act" as "sexual conduct on account of  
            which anything of value is given or received by any person."   
            (PEN 236.1 (h)(2))


          7)Defines commercially sexually exploited children as a child  
            who is sexually trafficked or receives food or shelter in  
            exchange for the performance of certain sexual acts, as  
            specified.  (WIC 300) 


          8)Requires 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 to  
            include cultural competency and sensitivity and related best  
            practices for children across diverse ethnic and racial  
            backgrounds, gender identity, mental or physical ability, or  
            HIV status.  (HSC 1522.1 et seq., HSC 1529.2 et seq.)


          9)Requires mandated child abuse providers to participate in  
            training programs that include ways to address critical  
            issues, as specified.  (WIC 16206)


          10)Specifies that POST shall implement by January 1, 2007, a  








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            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. ( PEN  
            13519.14(a))


          11)States that the purpose of foster care law is to provide  
            maximum safety and protection for children who are being  
            physically, sexually or emotionally abused, neglected, or  
            exploited and to ensure the safety, protection, and physical  
            and emotional well-being of children at risk of such harm.   
            (WIC 300.2)




          12)Specifies the circumstances under which a child is within the  
            jurisdiction of the juvenile court.  (WIC 300, et seq.)




          13)Specifies the circumstances under which a probation officer  
            may choose to temporarily detain a minor.  (WIC 305 et seq.)




          14)States the intent of the Legislature that no child or youth  
            in foster care reside in group care for longer than one year.   
            Further requires DSS to update the Legislature regarding the  
            outcomes of assessments of children and youth who have been in  
            group homes for longer than one year and the corresponding  
            outcomes of transitions, or plans to transition them, into  
            family settings.  (WIC 16010.8) 











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          15)Establishes the federal Preventing Sex Trafficking and  
            Strengthening Families Act, which places a number of  
            requirements on states, including a number of improvements to  
            the child welfare system aimed at improving outcomes for  
            children and youth in foster care.  (P.L. 113-183)




          16)States the intent of the Legislature that foster parents, and  
            potential foster parents, receive training in order to assist  
            them in being effective caregivers and to enhance the safety  
            and growth of children placed with them.  Further states the  
            need to develop a basic curriculum, a program for continuing  
            education, and specialized training for parents caring for  
            children with unique needs.  (HSC 1529.1)




          17)Establishes the Child Welfare Council to 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.  (WIC 16540, et seq.)




          FISCAL EFFECT:  Unknown.


          COMMENTS: 


          Commercial Sexual Exploitation of Children (CSEC):  Commercial  
          sexual exploitation of children is defined as the sexual  
          exploitation of children entirely, or at least primarily, for  
          financial or other economic reasons.  Under this definition, the  








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          economic exchanges may be either monetary or non-monetary (i.e.,  
          for food, shelter, drugs).  Sex trafficking of minors is defined  
          as the "recruitment, harboring, transportation, provision, or  
          obtaining of a person for the purpose of a commercial sex act"  
          where the person is a United States citizen or lawful permanent  
          resident under the age of 18 years. 


          According to DSS, approximately 800,000 victims annually are  
          trafficked across international borders worldwide, and between  
          14,500-17,500 of those victims are trafficked into the United  
          States.  Nearly 95% of CSEC victims in the U.S. are female, and  
          it is estimated that between 50-80% of child victims of  
          commercial sexual exploitation have been involved with the child  
          welfare system, according to the National Center for Youth Law.   
          According to the National Center for Missing and Exploited  
          Children, it is estimated that one in six endangered runaways  
          were likely sex trafficking victims in 2014.  Many experts  
          believe, however, that these statistics are underestimated;  
          challenges arise when identifying victims, collecting and  
          cross-referencing data, and deciding on common definitions in  
          order to collect accurate statistics.  Many youth also do not  
          identify as victims or may be reluctant to admit to  
          victimization due to fears of retaliation from traffickers,  
          deportation, or incarceration by law enforcement.


          Labor trafficking of minors:  While many victims of human  
          trafficking are forced to work in prostitution or the sex  
          entertainment industry, trafficking also occurs in forms of  
          labor exploitation, such as domestic servitude, restaurant work,  
          janitorial work, sweatshop factory work, and migrant  
          agricultural work.  U.S. law defines "severe forms of  
          trafficking" as:


               Sex trafficking in which a commercial sex act is induced by  
               force, fraud, or coercion, or in which the person induced  
               to perform such act has not attained 18 years of age; or  








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               the recruitment, harboring, transportation, provision, or  
               obtaining of a person for labor or services, through the  
               use of force, fraud, or coercion for the purpose of  
               subjection or involuntary servitude, peonage, debt bondage,  
               or slavery.


          It is estimated that children make up 72% of labor trafficking  
          cases involving peddling rings nationwide.  Because child  
          survivors of sex trafficking represent the most visible group in  
          mainstream media, academia, and government policy, child labor  
          trafficking is often excluded and its victims are  
          under-identified and under-assisted.  According to information  
          from the Freedom Network USA, child survivors of labor  
          trafficking oftentimes suffer through longer periods of  
          exploitation and abuse due to law enforcement and social  
          services providers failing to identify them as trafficked in a  
          timely manner.


          Child Labor Trafficking Work Group:  In 2014, Governor Brown  
          vetoed AB 2035 (Chesbro), which stated that a child who is a  
          victim of human trafficking, is a victim of sexual exploitation,  
          or is paid to perform sexual acts, is within the jurisdiction of  
          the juvenile court.  In his veto message, Governor Brown stated  
          that the bill was premature and "more investigation and  
          discussion needs to take place before local authorities are in a  
          solid position to curb the tragedy of young people who are  
          forced to work under illegal and unacceptable conditions.  I am  
          directing the Department of Social Services to assemble relevant  
          parties to explore all avenues that can be pursued to alleviate  
          this suffering."  In response to the Governor's veto message, in  
          2015, DSS created the Child Labor Trafficking Work Group,  
          comprised of state and national experts, policymakers, victims,  
          providers, advocates and others, and held several meetings in  
          2015. 


          Preventing and Addressing Child Trafficking (PACT):  In 2014,  








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          DSS received a grant of approximately $250,000 from the U.S.  
          Department of Health and Human Services Agency for a project  
          aimed at addressing child trafficking by developing  
          multidisciplinary collaboration with state and local partners.   
          The project would create a best practice program model that will  
          include protocols, tools, and service trainings, while  
          collecting and distributing data and findings to California  
          counties that have the highest risk for child trafficking,  
          including Alameda, El Dorado, Los Angeles, Sacramento, San  
          Bernardino, San Joaquin, and San Luis Obispo. 


          PACT Grant funding will be used to create a Child Labor  
          Trafficking Steering Committee and will continue the work  
          started by DSS and the Child Labor Trafficking work Group.  In  
          January 2016, the Steering Committee was established and will  
          establish the Child Labor Trafficking Working Sub-Committee  
          which will hold bi-monthly calls, beginning in March 2016 and  
          will be tasked with performing research on child labor  
          trafficking, report on findings, and create tentative  
          recommendations to address child labor trafficking by January 1,  
          2017.


          Child Welfare Council:  Established by AB 2216 (Bass), Chapter  
          384, Statutes of 2006, the Child Welfare Leadership and  
          Accountability Act established the California Child Welfare  
          Council to 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 is required to report at  
          least annually to the Governor, the Legislature, the Judicial  
          Council, and the public at least once a year the extent to which  
          child welfare and foster care programs and the courts are  
          responsive to the needs of children in their care.


          The Commercially Sexually Exploited Children (CSEC) Action Team  
          falls within the jurisdiction of the Child Welfare Council and  








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          is a multidisciplinary body dedicated to researching and  
          identifying promising prevention and intervention practices,  
          collaborating with survivors, providing guidance to county  
          agencies and community partners, and conducting evaluation to  
          ensure policies improve outcomes for children.  In June 2016,  
          the CSEC Action Team will launch the survivor advisory board  
          which will provide critical guidance to California counties with  
          regard to survivor engagement.  It will also provide  
          recommendations on CSEC Action Team priorities, state policy,  
          and other topics as brought to the attention of the CSEC Action  
          Team by counties or state agencies.  The CSEC Action Team will  
          also continue to work with DSS as it continues to overhaul the  
          foster care system through Continuum of Care Reform.


          Continuum of Care Reform:  The Legislature has worked and  
          continues to work with various entities in and around the CWS  
          system to focus on family reunification and permanency by  
          seeking ways to best address the needs of foster youth through  
          less restrictive, more supportive placements and services.  SB  
          1013 (Senate Budget and Fiscal Review) Chapter 35, Statutes of  
          2012, realigned CWS to counties, established a moratorium on the  
          licensing of new group homes, and required DSS to convene a  
          stakeholder workgroup.  This workgroup was charged with  
          examining the use of group homes in California and providing  
          recommendations to the Legislature and the Governor on how to  
          reform this use.  In January 2015, DSS submitted the Continuum  
          of Care (CCR) workgroup report to the Legislature, which  
          included general and fiscal recommendations, alongside  
          recommendations on home-based family care, residential  
          treatment, and performance measures and outcomes.  The report  
          reinforced the view that group home settings are best used  
          sparingly and temporarily, stating that: 


               "The foundation of [these] recommendations is that all  
               children, including those in out-of home care, deserve to  
               grow up in families and develop a sense of community.   
               Their families, including foster families, also at times  








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               need assistance and support to address stressors to avert  
               crises.  For those children and youth in crisis or whom  
               otherwise initially cannot safely get the appropriate  
               breadth and/or intensity of services they require in a  
               family based setting, they can access high quality, short  
               term, treatment oriented congregate care (which includes  
               planning for a move to home-based family care as soon as  
               reasonably possible)."


          Need for this bill:  According to the author's office, "There  
          has been increasing recognition among advocates and political  
          leaders on the importance of addressing commercial child  
          exploitation - for both sex and labor services - recognizing  
          that both can involve trauma bonds with their traffickers.   
          [This bill] puts into statute the work the Commercially Sexually  
          Exploited Children (CSEC) Action Team is currently doing for  
          children who have been commercially sexually exploited, and  
          expands this work to also include children who have been  
          exploited for labor services.  By using a system that is already  
          in place, this measure provides a cost effective reform to  
          ensure our state effectively combats human trafficking on both  
          fronts.  This bill is necessary to protect all trafficked child  
          victims from further victimization and it ensures there is a  
          system in place that effectively identifies, houses, and cares  
                                                     for all trafficked children." 


          STAFF COMMENTS: 


          How will this bill impact the work of the CSEC Action Team?  The  
          work of the CSEC Action Team is well underway.  Codifying the  
          Action Team's existence at this point, and simultaneously  
          expanding its scope well beyond the current target population  
          upon which so much work has been focused, may create  
          redundancies, inefficiencies, and administrative confusion,  
          while at the same time limiting the Action Team's flexibility  
          and diffusing already limited resources.  While identifying all  








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          trafficked youth, assessing their particular needs, and  
          developing and harnessing services to address those needs are  
          all important goals, it remains questionable whether or not the  
          approach proposed by this bill would sufficiently meet those  
          goals or coordinate properly with already-existing systems and  
          efforts (including both the work of the CSEC Action Team, as  
          well as current CCR efforts). 


          Should all trafficking victims be placed within the jurisdiction  
          of the juvenile court?  As it is currently written, this bill  
          requires that all victims of trafficking, including CSEC and  
          labor trafficked minors, be potentially placed within the  
          jurisdiction of the juvenile court for potential adjudication as  
          a dependent and therefore placed within the child welfare  
          services system.  However, while CSEC and labor trafficked  
          children may experience similar instances of emotional and  
          sexual abuse, minors who are victims of labor trafficking may  
          not always encounter the human trafficking world in similar  
          ways.  Some CSEC are already involved with the child welfare  
          services system and are preyed upon by traffickers for  
          exploitation.  Labor trafficked minors, however, include  
          children who are trafficked for various types of labor,  
          including agriculture, and may often be brought across the  
          border from other countries.  By automatically including labor  
          trafficked children as within the jurisdiction of the juvenile  
          court, this bill does not adequately address the unique needs of  
          labor trafficked children who may not originally be from the  
          United States and may in fact wish to be reunited with families  
          in foreign countries.  Should this bill move forward, the author  
          may wish to consider narrowing the range of child trafficking  
          victims placed within the jurisdiction of the juvenile court.


          PRIOR/RELATED LEGISLATION:


          AB 1730 (Atkins), 2016, authorizes the chief probation officer  
          of a county to create a program to provide services to youth  








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          within the county that address the need for services relating to  
          the commercial sexual exploitation of youth.  This bill is  
          currently on the suspense file in the Assembly Appropriations  
          Committee.


          AB 1997 (Stone), 2016, adopts changes to further facilitate  
          implementation of CCR recommendations to better serve children  
          and youth in California's child welfare system.  This bill has  
          been referred to the Assembly Appropriations Committee.


          AB 403 (Stone), Chapter 773, Statutes of 2015, adopted changes  
          aimed at implementing a number of recommendations from the DSS  
          CCR report including establishing a sunset for existing  
          licensure, rate-setting and provisions for group homes and FFAs  
          and establishing interim provisions.


          SB 855 (Committee on Budget and Fiscal Review), Chapter 29,  
          Statutes of 2014, provided structure and incentives to encourage  
          county agencies to collaborate in identifying and serving CSEC.


          AB 2035 (Chesbro), 2014, stated that a child who is a victim of  
          human trafficking, is a victim of sexual exploitation, or is  
          paid to perform sexual acts, is within the jurisdiction of the  
          juvenile court, and would have required instruction on cultural  
          competency, sensitivity, and best practices for specified  
          administrators and individuals.  This bill was vetoed by the  
          Governor.


          AB 22 (Lieber), Chapter 240, Statutes of 2005, created the  
          California Trafficking Victims Protection Act, which established  
          civil and criminal penalties for human trafficking and allowed  
          for forfeiture of assets derived from human trafficking.  In  
          addition, the Act required law enforcement agencies to provide  
          Law Enforcement Agency Endorsement to trafficking victims,  








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          providing trafficking victims with protection from deportation  
          and created the human trafficking task force.


           SECOND COMMITTEE OF REFERENCE  .  This bill was previously heard  
          in the Assembly Public Safety Committee on April 12, 2016 and  
          was approved on a 7-0 vote.


          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Legal Services for Prisoners with Children (LSPC)





          Opposition



          None on file.




          Analysis Prepared by:Kelsy Castillo / HUM. S. / (916) 319-2089











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