BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1883


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          ASSEMBLY THIRD READING


          AB  
          1883 (Cooley)


          As Amended  April 5, 2016


          2/3 vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Human Services  |7-0  |Bonilla, Grove,       |                    |
          |                |     |Calderon, Lopez,      |                    |
          |                |     |Maienschein,          |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Mark Stone, Thurmond  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |








                                                                    AB 1883


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          SUMMARY:  Creates the Child Sexual Abuse Prevention Program as a  
          pilot program in up to three counties.  Specifically, this bill:  
           


          1)Establishes the Child Sexual Abuse Prevention Program as a  
            pilot program in up to three counties to provide child sexual  
            abuse prevention and intervention services and further  
            appropriates $50,000 per year to each participating county, as  
            specified.


          2)Requires the Department of Social Services (DSS) to select  
            counties to participate in the Child Sexual Abuse Prevention  
            Program based on the following criteria:


             a)   The county has significant incidences of child sexual  
               abuse or commercially sexually exploited children (CSEC);


             b)   The county has identified a public or private nonprofit  
               organization with experience in child sexual abuse or CSEC  
               issues that will act as the primary administrator for the  
               pilot program; and


             c)   A county shall be given priority for demonstrating that  
               school districts within its jurisdiction are using funds  
               from the Student Support and Academic Enrichment Grants  
               created by the Every Student Succeeds Act, as specified.


          3)Encourages each participating county to efficiently use pilot  
            program funds by giving priority to programs currently serving  
            the needs of at-risk children that meet specified criteria and  








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            have demonstrated effectiveness in child sexual abuse  
            prevention or intervention or commercial sexual exploitation  
            prevention or intervention.


          4)Prohibits funds appropriated for the pilot programs from  
            supplanting or replacing any existing funding for programs  
            currently serving the needs of at-risk children, as specified.


          5)Requires the county board of supervisors of a participating  
            county to allocate pilot program funds as required by the  
            provisions of this bill and further authorizes the county  
            board of supervisors to delegate the administration of these  
            funds to the county social services department.


          6)Requires public or private nonprofit agencies to be eligible  
            for funding provided evidence is submitted as part of the  
            application indicating that the proposed services are not  
            duplicative of others in the county, are based on the needs of  
            at-risk children, and are supported by a specified local  
            public agency.


          7)Requires the local administering agency to, with oversight and  
            review from the county board of supervisors, include and  
            integrate the pilot program in specified county plans and  
            assessments.  Further requires the county, to the extent  
            applicable, to provide similar assurances, data, and outcome  
            assessments to the Office of Child Abuse Prevention, as  
            specified. 


          8)Requires each participating county to annually report to DSS,  
            the Assembly Committee on Human Services, and the Senate  
            Committee on Human Services information including, but not  
            limited to, all of the following:









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             a)   Changing public attitudes or public opinion polls  
               indicating increased awareness of prevention techniques for  
               child sexual abuse;


             b)   The amount of educational materials distributed to  
               stakeholders groups that address and promote child sexual  
               abuse prevention and prevention techniques; 


             c)   Statistics on the increase or decrease of reports of  
               child sexual abuse within the county; and


             d)   Best practices identified by the pilot program, as  
               specified.


          9)Repeals the provisions of this bill on January 1, 2020, as  
            specified.


          EXISTING LAW:  


          1)Establishes the federal Child Abuse Prevention and Treatment  
            Act, under which state child protective services systems and  
            child abuse prevention activities are supported.  (42 United  
            States Code Section 5101 et seq.)


          2)Establishes the Child Abuse and Neglect Reporting Act (CANRA),  
            which establishes definitions for abuse and neglect,  
            enumerates numerous categories of child abuse mandated  
            reporters, and establishes conditions for reporting.  (Penal  
            Code Section 11164 et seq.)










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          3)Establishes the Maxine Waters Child Abuse Prevention Training  
            Act of 1984 (Act), under which the Office of Child Abuse  
            Prevention is established within DSS, and defines primary  
            prevention programs under the Act as training and educational  
            programs for children that are directed toward preventing the  
            occurrence of child abuse, including physical abuse, sexual  
            abuse, child neglect and child abductions, and toward reducing  
            the general vulnerability of children, including training for  
            parents and school staff.  (Welfare and Institutions Code  
            Section 18975 et seq.)


          4)Establishes the Every Student Succeeds Act to reauthorize the  
            Elementary and Secondary Education Act and that, among other  
            things, authorizes a new Student Support and Academic  
            Enrichment Grant program to help states and school districts  
            target federal resources to local priorities.  (Public Law  
            (P.L.) 114-95)


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill may result in the following costs:


          1)Annual costs of up to $150,000 (General Fund) through 2019 to  
            fund up to three pilot counties.
          2)Minor administrative costs (General Fund) to DSS to review  
            applications for county pilot selection and to review annual  
            reports.


          COMMENTS:  


          Child sexual abuse:  Child sexual abuse involves any sexual  
          activity with a child where consent is not given or cannot be  
          given due to the age of the child.  This includes sexual contact  
          that is accomplished by force or threat of force, regardless of  
          the age of the children involved or the perpetrators, and it  








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          also includes any sexual contact between an adult and a child,  
          regardless of whether the child understands the sexual nature of  
          the activity.  According to the United States (U.S.) Department  
          of Health and Human Services' 2013 Child Maltreatment Report,  
          there were 3,956 victims of indicated or substantiated child  
          sexual abuse in California that year.   


           According to information from the Centers for Disease Control  
          and Prevention (CDC), child maltreatment, including physical  
          abuse, sexual abuse and neglect, among other detrimental  
          experiences, causes stress that can disrupt early brain  
          development.  When this stress turns into chronic stress, the  
          development of a child's nervous and immune systems can be  
          compromised, which results in a higher risk for physical and  
          mental health problems when the child becomes an adult.  The CDC  
          notes that these problems include alcoholism, depression, drug  
          abuse, eating disorders, obesity, high-risk sexual behaviors,  
          smoking, suicide, and certain chronic diseases.


          Child sexual abuse prevention efforts across the country:  While  
          the rate of reported child sexual abuse varies widely from state  
          to state, there have been a number of measures signed into law  
          in other states over the past few years that focus on sexual  
          abuse prevention and education programs.  Many of the laws have  
          been based on "Erin's Law," which was originally signed in  
          Illinois in response to the sexual abuse of a young woman named  
          Erin Merryn suffered at the hands of a neighbor and a cousin  
          when she was a young child.  In California, SCR 73 (Yee)  
          Resolution Chapter 87, Statutes of 2012, encouraged school  
          districts to include age-appropriate instruction related to  
          child sexual abuse in school curricula, which was also aimed at  
          prevention.  The number of legislative bills that seek to  
          address and prevent child sexual abuse across the states is  
          indicative of changes in public perception.  The actions various  
          Legislatures have taken, along with related advocacy at the  
          local level, offer opportunities for more victims to speak out  
          about their own sexual abuse and provide information to whole  








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          communities about how they can play a role in child sexual abuse  
          prevention and intervention.


          Student Support and Academic Enrichment Grants:  The Every  
          Student Succeeds Act (P.L. 114-95) was signed by President  
          Barack Obama in 2015, reauthorizing the Elementary and Secondary  
          Education Act.  The Every Student Succeed Act created the new  
          Student Support and Academic Enrichment grant program, the  
          purpose of which is to, according to the Act itself, "improve  
          students' academic achievement by increasing the capacity of  
          States, local educational agencies, schools, and local  
          communities to 1) provide all students with access to a  
          well-rounded education; 2) improve school conditions for student  
          learning; and 3) improve the use of technology in order to  
          improve the academic achievement and digital literacy of all  
          students."  As such, among other things, the grants funded under  
          this program are to support activities in the following three  
          categories:  well-rounded educational opportunities, safe and  
          healthy students, and effective use of technology.


          Regarding activities to support safe and healthy students,  
          according to the Every Student Succeeds Act, each local  
          educational agency, or consortium of agencies, that receives a  
          grant shall use a portion of the funds to develop, implement,  
          and evaluate programs and activities that, among other things,  
          are coordinated with other schools and community-based services  
          and programs; grant-funded programs and activities may be  
          conducted in partnership with a number of specified entities,  
          including an institution of higher education, business,  
          nonprofit organization, community-based organization, or other  
          public or private entity that has demonstrated success  
          implementing related activities.  Activities to support safe and  
          healthy students can encompass a number of different areas; one  
          specific focus, according to the Every Student Succeeds Act, can  
          be child sexual abuse awareness and prevention programs or  
          activities.









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          Need for this bill:  According to the author, "According to the  
          Centers for Disease Control, 1 in 4 women and 1 in 6 men were  
          sexually abused before the age of 18.  Statistically this  
          translates to over 42 million adult survivors of child sexual  
          abuse.  Nearly 70% of reported sexual assaults (including  
          adults) occur to children age 17 and younger.  The U.S.  
          Department of Justice estimates that youth are 2.3 times more  
          likely to be sexually assaulted than adults.  


          Recently other states have enacted legislation focused on  
          prevention techniques and training, including New York, Maine,  
          Illinois, and Missouri.  The 'Enough Abuse' campaign in  
          Massachusetts showed a marked drop in child sexual abuse  
          occurrences and a greater increase in prevention training and  
          community education. 


          [This bill] creates and funds an optional pilot program in no  
          more than three counties, designated by DSS based on the  
          agency's determination that the county has significant  
          incidences of any of the following:  homeless youth, child  
          abuse, child sexual abuse, sexually exploited minors, minors  
          involved in prostitution, or human trafficking.  Qualified pilot  
          programs, working where possible with existing private and  
          public programs and providers, must prepare a multi-year plan to  
          address child sexual abuse in the community.  These multi-year  
          plans will emphasize community collaboration and education,  
          training on identifiable risks and warning signs, local  
          prevention plans, and data collection and measurement."


          PRIOR LEGISLATION:


          AB 883 (Cooley), of 2014, was substantially similar to this  
          bill.  It was vetoed by the Governor.









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          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0003197