BILL ANALYSIS Ó AB 1760 Page 1 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. AB 1760 Page 2 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. AB 1760 Page 3 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 AB 1760 Page 4 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 AB 1760 Page 5 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 AB 1760 Page 6 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 AB 1760 Page 7 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) AB 1760 Page 8 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 AB 1760 Page 9 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 AB 1760 Page 10 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, AB 1760 Page 11 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 AB 1760 Page 12 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 AB 1760 Page 13 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 AB 1760 Page 14 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 AB 1760 Page 15 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, AB 1760 Page 16 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 AB 1760 Page 17