BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1883
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          |Author:   |Cooley                                                |
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          |Version:  |April 5, 2016          |Hearing    |June 28, 2016    |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mareva Brown                                          |
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               Subject:  Child sexual abuse:  prevention pilot program


            SUMMARY
          
          This bill establishes a three-year pilot program in no more than  
          three counties, selected by the California Department of Social  
          Services (CDSS), to provide child sexual abuse prevention and  
          intervention services through public or private nonprofit  
          programs. It appropriates $50,000 annually from the General Fund  
          to each county and encourages priority to fund existing  
          prevention programs with demonstrated effectiveness in child  
          sexual abuse or commercial sexual exploitation, as specified. It  
          requires annual reporting to the state and Legislature. This  
          bill requires a two-thirds vote.

            ABSTRACT
          
          Existing law:

             1)   Under federal law, establishes the Child Abuse  
               Prevention and Treatment Act (CAPTA) which provides grant  
               funding to applicant states to improve child protective  
               service systems and child abuse prevention activities.  
               Requires submission of a state plan. (42 U.S.C. 5106 et  
               seq)


             2)   Establishes under federal law and implements under state  
               law, the Community Based Child Abuse Prevention (CBCAP)  








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               program to provide formula grant funding for community  
               based child abuse prevention programs. (42 U.S.C. 5116 and  
               WIC 18966.1)


             3)   Establishes the Office of Child Abuse Prevention (OCAP)  
               within CDSS and designates the office to apply for and  
               administer federal funds for child abuse prevention, as  
               specified. (WIC 18950 et seq.)


             4)   Under state law, establishes the Child Abuse Prevention,  
               Intervention and Treatment Program (CAPIT) to fund projects  
               and services related to the prevention, intervention and  
               treatment of child abuse in California. (WIC 18960 et seq.)


             5)   Establishes the State Children's Trust Fund, to fund  
               innovative child abuse and neglect prevention and  
               intervention projects and permits individuals to designate  
               income taxes, counties to designate a portion of birth  
               certificate fees, and private individuals to grant, gift  
               and bequeath monies to the fund. (WIC 18965 et seq, RTC  
               18711) 


             6)   Under the Child Abuse Prevention Coordinating Council  
               Act permits the establishment of Child Abuse Prevention  
               Coordinating Councils, designated by the County Board of  
               Supervisors and funded by the State Children's Trust Fund  
               to coordinate each county's efforts to prevent and respond  
               to child abuse and neglect. (WIC 18980 et seq)


             7)   Establishes the State Family Preservation program,  
               administered by OCAP, to avoid or limit out-of-home  
               placement of children who have experienced child abuse or  
               neglect within the family. Funds have been realigned to  
               counties and are used to meet MOE requirements. (WIC  
               16500.5 et seq)


             8)   Establishes the California Child and Family Services  
               Review (C-CFSR) process to ensure that each county  









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               allocates CAPIT revenues through the use of an accountable  
               process that utilizes a multidisciplinary approach,  
               explains how funded services are coordinated with the array  
               of services available in the county, and ensures funded  
               services are based on priority unmet need. (WIC 10601.2)


          This bill:

             1)   Establishes a pilot program entitled The Child Sexual  
               Abuse Prevention Program in no more than three counties to  
               provide child sexual abuse prevention and intervention  
               services through public or private nonprofit programs that  
               provide child sexual abuse prevention and intervention  
               services.

             2)   Appropriates $50,000 annually from the General Fund to  
               each county that volunteers,   and is selected for the  
               pilot program.


             3)   Requires CDSS to select counties for the pilot program  
               from among the counties that notify the department of their  
               intention to participate, based on the following criteria: 

                  a.        The county has significant incidences of child  
                    sexual abuse or commercially sexually exploited  
                    children.
                  b.        The county has identified a public or private  
                    nonprofit organization with experience in child sexual  
                    abuse issues or commercial sexual exploitation issues  
                    that will act as the primary administrator for the  
                    pilot program.
                  c.        A county shall be given priority for  
                    demonstrating that school districts within its  
                    jurisdiction are utilizing moneys from the federal  
                    Student Support and Academic Enrichment Grants to  
                    provide training for all school personnel on  
                    preventing and recognizing child sexual abuse.

             4)   Encourages each participating county to efficiently use  
               these funds by giving priority to programs currently  
               serving the needs of at-risk children, as defined, and that  
               have demonstrated effectiveness in child sexual abuse  









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               prevention or intervention or commercial sexual  
               exploitation prevention or intervention. 

             5)   Requires that the funds appropriated under this section  
               not supplant or replace any existing funding for programs  
               currently serving the needs of at-risk children, but may  
               only supplement the expansion of existing programs or the  
               collaboration of separate existing programs within the  
               county, or fund newly created programs within the county if  
               no current programs exist to serve the needs of children at  
               risk of sexual abuse or commercial sexual exploitation.

             6)   Requires that a county board of supervisors allocate the  
               pilot program funds and permits the county to delegate  
               administration of the pilot to the county social services  
               agency.

             7)   Establishes that public or private nonprofit agencies  
               shall be eligible for funding provided that evidence is  
               submitted as part of the application that the proposed  
               services are not duplicated in the community, are based on  
               needs of children at risk, and are supported by a local  
               public agency, including, the county welfare department, a  
               public law enforcement agency, the county probation, public  
               health or mental health departments, the county board of  
               supervisors or any school district. 

             8)   Requires the administering local agency, with oversight  
               and review from the county board of supervisors, to include  
               and integrate the pilot program in the county system  
               improvement plan, county self-assessments, and the county  
               plan for other federal and state child abuse prevention  
               programs. 

             9)   Requires that, to the extent applicable, the county  
               provide similar assurances, data, and outcome assessments  
               about the pilot programs to the state Office of Child Abuse  
               Prevention as are provided regarding other federal and  
               state child abuse prevention programs.

             10)  Requires each participating county to annually report to  
               the CDSS, the Senate and Assembly  Committees on Human  
               Services, information including, but not limited to:










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                  a.        Changing public attitudes or public opinion  
                    polls showing increased awareness of prevention  
                    techniques for child sexual abuse.
                  b.        The amount of educational materials  
                    distributed to stakeholder 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.
                  d.        Identified best practices used by the pilot  
                    program that may be replicated and used by other  
                    counties, including, but not limited to, community  
                    outreach, data collection and analysis, and the  
                    creation of educational materials.

             11)  Sunsets the pilot program on January 1, 2020. 

            FISCAL IMPACT
          
          According to an analysis by the Assembly Committee on  
          Appropriations, this bill will incur annual costs of up to  
          $150,000 (GF) through 2019 to fund up to three pilot counties,  
          as well as minor administrative costs (GF) to CDSS to review  
          applications for county pilot selection and to review annual  
          reports. 

            BACKGROUND AND DISCUSSION
          
          Purpose of the bill:

          According to the author, although the state aggressively  
          prosecutes child sexual predators, requires mandated reporting  
          for suspected abuse and has recently increased funding for  
          commercially sexually exploited children (CSEC), there is a lack  
          of focus on preventing the abuse before it occurs. The author  
          states funding and training are needed to teach adults about  
          warning signs of child sexual abuse. "By building up community  
          collaboration, this measure strengthens the prioritization of  
          stopping child abuse," the author states. 

          Child abuse and neglect
          
          In 2014, there were more than 700,000 victims of abuse and  
          neglect nationwide, resulting in a rate of 9.4 victims per 1,000  









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          children in the population. Of that number 8.3 percent - or  
          roughly 60,000 children per year - were victims of sexual abuse,  
          according to federal child abuse and reporting data reported to  
          the US Administration on Families and Children.<1> Approximately  
          62,000 children were under the custody of California's child  
          welfare system as of October 2015, according to the state's  
          child welfare case management system. 

          The commercial sexual exploitation of children (CSEC) is a form  
          of human trafficking in which a child younger than 18 is caused  
          or persuaded to engage in a sexual act for financial or other  
          economic reasons. Under this definition, an economic exchange  
          may be either for money or non-monetary things, such as food,  
          shelter, drugs - commonly called "survival sex."<2>


          The FBI's Innocence Lost National Initiative, which was launched  
          in June 2003, has rescued more than 4,800 children nationwide  
          who were forced to engage in commercial sex activities, as well  
          as successfully prosecuting more than 2,000 pimps and other  
          adults. More than 100,000 children across the nation were  
          believed to be involved in sex trafficking annually. The issue  
          is especially acute in California, where San Francisco, Los  
          Angeles and San Diego have been identified by the FBI as areas  
          of "high intensity child prostitution." 

          Child Abuse Prevention Funding


          Federal and state funding has been targeted to child abuse and  
          neglect prevention for decades. In California, prevention grants  
          are administered by the Office of Child Abuse Prevention (OCAP)  
          within CDSS. OCAP provides state oversight and administers  
          federal and state grants for child abuse prevention and  
          treatment, including grants under the Child Abuse Prevention and  
          ---------------------------


          <1> U.S. Department of Health & Human Services, Administration  
          for Children and Families, Administration on Children, Youth and  
          Families, Children's Bureau. (2016). Child maltreatment 2014. 
          <2> Estes and Weiner. "The Commercial Sexual Exploitation of  
          Children In the U. S., Canada and Mexico." Univ. of PA, 2002.   
           http://www.sp2.upenn.edu/restes/CSEC_Files/Exec_Sum_020220.pdf  









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          Treatment Act (CAPTA); Community Based Child Abuse Prevention  
          (CBCAP); and Promoting Safe and Stable Families (PSSF).  
          Additionally, California began recently providing services to  
          Commercially Sexually Exploited Children (CSEC). Within the  
          statutorily established parameters for each grant, states have  
          substantial flexibility, and services provided under the grants  
          are required to be coordinated with other programs serving  
          children.  


          Title IV-B CWS and Promoting Safe and Stable Families Program  
          (PSSF)

          Two key sources of federal grant funding for California provide  
          approximately $32 million (Title IV-B CWS program) and $33  
          million (PSSF) annually. The Title IV-B program, under a 75  
          percent federal match formula, is designed to protect and  
          promote the welfare of all children, prevent child abuse and  
          neglect, permit children to remain safely in or return safely to  
          their own homes and to promote the safety, permanency, and  
          well-being of children in foster care or adoptive families.<3>  
          This program includes a requirement for a state plan documenting  
          various aspects of the state's administration of the federal  
          program including protections and services offered to children,  
          coordination with other programs, the achievement of various  
          performance requirements and the operation of a statewide  
          information system enabling the state to monitor the wellbeing  
          of children in foster care. 


          The PSSF program encourages the development or expansion of  
          community-based child and family support services, family  
          preservation services, family reunification services, and  
          adoption promotion and support services. California, like most  
          states, spends the majority of these funds on child and family  
          support services. States are required to establish a five-year  
          Child and Family Services Plan and an annual Progress and  

          ---------------------------

          ---------------------------
          <3> Congressional Research Service. "Child Welfare: Funding for  
          Child and Family Services Authorized Under Title IV-B of the  
          Social Security Act"










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          Services Review,<4> which is required to integrate various state  
          plans.


          Child Abuse Prevention and Treatment Act and Community Based  
          Child Abuse Prevention

          The Child Abuse Prevention and Treatment Act, or CAPTA, provides  
          $4.4 million in grant funding with no state match for state  
          improvements to the child protective services systems, to  
          support child abuse prevention activities, and to fund research  
          and demonstration projects aimed at preventing child  
          maltreatment. Included in this statute is a requirement for  
          funds to be coordinated with other child welfare programs and  
          funding. 

          Under CAPTA, the Community Based Child Abuse Prevention (CBCAP)  
          grant supports local efforts to prevent child abuse and neglect  
          and to coordinate resources and activities to support families.  
          California targets its CBCAP funding to improve public awareness  
          and education about preventing child abuse, and to provide  
          supportive services to vulnerable populations and families  
          including mental health care, substance abuse, respite care,  
          housing, and transportation. 

          In the current year, $3.1 million in CBCAP funds are allocated  
          by the state Office of Child Abuse Prevention to counties that  
          have submitted applications. Smaller counties receive funds to  
          supplement County Children's Trust Fund accounts of less than  
          $20,000. The other applicant counties receive a base award of  
          $10,000, and the remainder of the money is distributed on a  
          population-based formula. In 2013, all counties except San  
          Bernardino applied to receive funds with the largest grant  
          awarded to Los Angeles County ($336,000). Many grants are of  
          size similar to that envisioned by this bill, including  





          ---------------------------
          <4> Title IV-B, Section 432(a)(2) and (5)  














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          Sacramento County's ($60,000).<5> 

          State Child Abuse Prevention Services


          In addition to federal grant funding, California has established  
          a variety of programs to prevent child abuse, and a system of  
          state and local agencies to coordinate efforts. 


          Office of Child Abuse Prevention (OCAP)

          OCAP provides state oversight of the federal programs, as well  
          as the Child Abuse Prevention Intervention and Treatment (CAPIT)  
          program. It manages a variety of other state projects, such as  
          the Strengthening Families Initiative, the Family Development  
          Matrix Project, the Safe Kids California Project, the Linkages  
          Project and others. OCAP also oversees submission of the  
          county-prepared plans that address how prevention and early  
          intervention activities are coordinated and how services will be  
          provided. Such plans are a component of California's compliance  
          with federal reporting requirements for the administration of  
          federal grants. 

          Child Abuse Prevention Councils (CAPCs)

          At the county level, the Board of Supervisors appoints Child  
          Abuse Prevention Councils, to coordinate the community's efforts  
          to prevent and respond to child abuse and neglect. Councils are  
          made up of representatives from county child welfare, probation,  
          and licensing agencies; law enforcement, the district attorney,  
          the courts, and coroner; medical and mental health providers,  
          community-based social service providers, public and private  
          schools; and community volunteers, civic organizations and  
          religious institutions.

          Child Abuse Prevention Intervention and Treatment Program  
          (CAPIT)

          The CAPIT program provides state and local funds to fulfill the  
          matching requirements established under the federal CBCAP  

          ---------------------------


          <5> ACIN NO. I-70-13  
           http://www.dss.cahwnet.gov/lettersnotices/EntRes/getinfo/acin/201 
          3/I-70_13.pdf  






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          program. Services are targeted to children who are at high risk,  
          including those currently served by county welfare departments,  
          and children referred by legal, medical, or social service  
          agencies. Funding is prioritized for programs operated by  
          non-profit agencies that provide services to isolated families  
          with children aged 5 or younger, home visiting programs and  
          service to child victims of crime. 


          Under California statute (WIC 18960), CAPIT projects must be  
          selected using specified criteria, with priority given to  
          private nonprofit agencies that serve the needs of children at  
          risk of abuse or neglect and that have demonstrated  
          effectiveness in prevention or intervention.


          State Children's Trust Fund 


          The State Children's Trust Fund supports innovative and  
          distinctive prevention and intervention projects on child abuse  
          and neglect. It is funded through county birth certificate  
          surcharges, state income tax designations and private donations.  
          These monies were not realigned and are awarded by OCAP to  
          counties that have submitted proposals. The purpose of the trust  
          fund is to research, evaluate and disseminate information to the  
          public, to establish public-private partnerships with  
          foundations and corporations and to increase public awareness  
          about child abuse and neglect via media campaigns. 


          State Family Preservation (SFP) 


          SFP is a state funded program in which 15 counties participate  
          aimed at avoiding or limiting out-of-home placement of children  
          who have experienced child abuse or neglect. Although funds have  
          been realigned to counties, the program is administered by OCAP  
          to meet federal requirements and to ensure funds are used to  
          meet the MOE requirements of the PSSF program. 


          Commercially Sexually Exploited Children (CSEC) 










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          Funding for prevention, intervention and treatment services for  
          CSEC is shared by the state and federal governments, and  
          mandated under the federal Preventing Sex Trafficking and  
          Strengthening Families Act. California has a "significant" rate  
          of CSEC, according to CDSS, and a number of its CSEC are either  
          foster children or foster care runaways. State and federal  
          funding for this program is approximately $14 million annually.
          

          Related legislation:

          AB 883 (Cooley, 2014) was virtually identical to this bill.  It  
          was vetoed by the Governor. 


          The Governor's veto message stated, "While this bill is  
          undoubtedly well intentioned, it doesn't provide the criteria or  
          funding necessary for counties to participate or for the  
          Department of Social Services to conduct this pilot program. It  
          may also duplicate efforts that have just gotten underway with  
          the passage of this year's budget to combat and reduce the  
          growing problem of commercial sexual exploitation of children."
          SB 855 (Committee on Budget and Fiscal Review, Chapter 29,  
          Statutes of 2014) the Human Services budget trailer bill,  
          establishes the Commercially Sexually Exploited Children Program  
          to be administered by CDSS in order to adequately serve children  
          who have been sexually exploited and required development of a  
          methodology to distribute funding for the program. 


            Support:
          
          The bill's sponsor, The Child Abuse Prevention Center, writes  
          that child sexual abuse has devastating long-term impacts on  
          individual and community health, social and economic outcomes.  
                                                                    "Children victimized by child sexual abuse often suffer from  
          severe depression, developing harmful coping mechanisms or  
          addictions, such as smoking, substance abuse and obesity." By  
          funding these three pilots, the sponsor writes this bill will  
          create a platform for community discourse about the issue and  
          will begin to promote community responsibility for preventing  
          child sexual abuse.










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          Opposition:
            
          The California Department of Social Services opposes this bill  
          as being duplicative of existing child abuse prevention  
          programs, and cites concerns that the pilot programs'  
          effectiveness would be limited by pilot program requirements and  
          limited funding to carry out objectives. "Given the critical  
          importance of the issue raised by your legislation, the  
          Department would be happy to engage with your office to  
          determine whether the objectives of your legislation could be  
          met through existing avenues."
          
          COMMENTS
          
          This bill is virtually identical to AB 883 (Cooley, 2014) which  
          was vetoed by the Governor. The bill creates three pilot  
          projects for counties using grants of $50,000 each. Counties are  
          encouraged to efficiently use these funds by giving priority to  
          programs currently serving the needs of at-risk children that  
          have demonstrated effectiveness in child sexual abuse prevention  
          or intervention or commercial sexual exploitation prevention or  
          intervention. The bill authorizes counties broadly to provide  
          funding to public or private nonprofit entities with experience  
          in child sexual abuse issues or commercial sexual exploitation  
          issues.

          In response to the Governor's request for criteria for counties  
          to participate in the program, the author has added the  
          requirement that a county shall be given priority in its  
          application for demonstrating that school districts within its  
          jurisdiction are utilizing moneys from the Student Support and  
          Academic Enrichment Grants created by the federal Every Student  
          Succeeds Act (Public Law 114-95) to provide training for all  
          school personnel on preventing and recognizing child sexual  
          abuse. According to the California Department of Education, all  
          designated Title 1 schools - those with high percentages of  
          children from low-income families - will be eligible to apply  
          for the Academic Enrichment Grants. Of the approximately 10,000  
          schools in California, more than 6,000 of them participate in  
          the Title I program, according to CDE. No funding has yet been  
          allocated through the program.

          Should this bill pass this committee, staff encourages the  
          author to target the pilot program to specific innovations,  









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          either by identifying new populations needing prevention  
          activities, or by trying novel approaches to prevention and  
          intervention. The author may also want to work with CDSS to  
          explore other avenues to achieve his goals.


            PRIOR VOTES
          
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          |Assembly Appropriations Committee:                         |20 - |
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          |Assembly Human Services Committee:                         |7 -  |
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            POSITIONS
                                          
          Support:       
               Child Abuse Prevention Center (Sponsor)
               California Family Resource Association
               California Police Chiefs Association 
               Center for Family Strengthening
               Children Now
               Vision y Compromiso
               The California Police Chiefs Association
               National Association of Social Workers
               The San Diego County Board of Supervisors 
               The California Association of Marriage and Family  
          Therapists
               The American Academy of Pediatrics

          Oppose:
               The California Department of Social Services (CDSS)
               California Right to Life Committee (CRLC)


                                      -- END --
          









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