BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 2723 ----------------------------------------------------------------- |Author: |Chávez | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |March 18, 2016 |Hearing |June 14, 2016 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |No | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mareva Brown | |: | | ----------------------------------------------------------------- Subject: Juvenile dependency: prostitution SUMMARY This bill would include a child within the dependency jurisdiction of the juvenile court if the child solicits or engages in any act of prostitution or loiters in a public place with the intent to commit prostitution, and the child's parent or guardian has failed to protect the child. The bill would state that these provisions are declaratory of existing law. ABSTRACT Existing law: 1) Establishes a system of juvenile dependency for children who are or are at risk of being physically, sexually or emotionally abused, being neglected or being exploited to ensure their safety, protection and physical and emotional well-being. (WIC 300, et seq.) 2) Makes Legislative declaration that a child who is sexually trafficked, as defined, or who receives food or shelter in exchange for, or who is paid to perform, specified sexual acts, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of a child in the dependency system, and that this finding is declaratory of existing law. These children AB 2723 (Chávez) PageB of? shall be known as commercially sexually exploited children. (WIC 300 (b)(2)) 3) Defines human trafficking as being the victim of someone who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, and defines a sexually trafficked child as the victim of a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, as defined. (PC 236.1(c)) This bill: 1) Adds to the Legislative findings and declarations that a sexually trafficked child is one who has engaged in soliciting for prostitution, as defined, or loitering with the intent to commit prostitution, as defined. FISCAL IMPACT This bill has been identified as non-fiscal by Legislative Counsel. BACKGROUND AND DISCUSSION Purpose of the bill: This bill includes a child within the dependency jurisdiction of the juvenile court if the child solicits or engages in any act of prostitution or loiters in a public place with the intent to commit prostitution, and the child's parent or guardian has failed to protect the child. The author states "if we want the children of California to thrive, we have to set them up to succeed and protect them from a range of potential dangers like sexual predators to neglectful guardians." Commercially Sexually Exploited Children (CSEC) The commercial sexual exploitation of children is a form of human trafficking in which a child younger than 18 is caused, induced or persuaded to engage in a sexual act for the purpose of financial or other economic reasons. Under this definition, an economic exchange may be either for money or non-monetary AB 2723 (Chávez) PageC of? things, such as food, shelter, drugs - commonly called "survival sex."<1> The Federal Bureau of Investigation'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." A 2013 report by the Child Welfare Council of California identified CSEC as a critical problem needing immediate solutions. According to the report, "Ending the Commercial Sexual Exploitation of Children: A Call for Multi-System Collaboration in California," various systems, including law enforcement, probation, education, mental health, primary health care, child welfare and public health systems serve these victims, but often in ways that are not coordinated, nor aligned philosophically. Risk factors for children Researchers have identified key risk factors for children who are exploited, including age - the risk of exploitation increases as age decreases and officials report it is common to find boys between ages 11 and 13 and girls between ages 12 and 14 who are forced to engage in the sex trade. A history of sexual abuse among girl victims is additionally a risk factor, according to the Child Welfare Council report, which cited data that indicated youth who experienced child sexual abuse were 28 times more likely to be arrested for prostitution at some point in their lives than children who did not. Children with school-related problems such as truancy and learning --------------------------- <1> 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 AB 2723 (Chávez) PageD of? disabilities may be especially vulnerable to exploitation. One significant risk factor appears to be that children with a history of child welfare agency involvement are particularly vulnerable to commercial sexual exploitation. The Child Welfare Council report noted that while California data is not collected regarding commercial sexual exploitation of children who are in the child welfare system, studies have estimated that anywhere from 50 to 80 percent of victims of CSEC are or were formerly involved with child welfare.<2> These children often have a history of abuse or neglect, which led to their involvement with the child welfare system initially. Then, frequent changes in foster homes or group home care and the absence of a positive loving adult leave them especially vulnerable. One study found that youth who run away from home or foster placements are targets within as little as 48 hours of being on the streets. Child Welfare System California's child welfare system is intended to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. Approximately 62,000 children were in the custody of the child welfare system as of October 2015, according to the state's child welfare case management system. About 45,000 children were placed in out-of-home situations in 2016, according to data released by CDSS with the governor's budget. The overlap between CSEC and foster youth was the subject of a 2013 Human Services Committee hearing, in which experts testified that abusers may recruit victims directly out of group homes. These abusers have been successful using other foster youth as recruiters and enticing victims with gifts of clothing and other goods, or with promises of love. Concerns about how to treat victims of CSEC safely and appropriately - and specifically whether they should be --------------------------- <2> Walker, Kate, "Ending the commercial sexual exploitation of children: A call for multi-system collaboration in California," California Child Welfare Council, February 2013. AB 2723 (Chávez) PageE of? addressed within the juvenile justice or child welfare system -- have prompted the creation of a CSEC workgroup through the Child Welfare Council and other efforts. SB 855 (Budget and Fiscal Review, Chapter 29, Statutes of 2014) established a CSEC program administered by CDSS and funded through county child welfare agencies. In addition to funding services, it required CDSS to provide training for county children's services workers to identify, intervene and provide case management services to children who are CSEC, and to train foster caregivers, to create data tracking systems and other changes. Related legislation: SB 794, (Senate Human Services Committee, Chapter 425, Statutes of 2014) required the county probation or welfare departments to immediately report to law enforcement any allegation of commercial sexual exploitation, as defined, of a child or youth receiving child welfare services, and other changes. SB 855 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014) created a CSEC program within CDSS, and authorized funding to counties that elected to create prevention and intervention activities and services to children who have been commercially sexually abused. SB 1322 (Mitchell, 2016) decriminalizes the act of soliciting for prostitution if the alleged perpetrator is a child, and permits the child to be made a dependent of the child welfare system, as specified. COMMENTS This bill furthers Legislative efforts to define CSEC youth within the context of the child welfare system in order to provide youth with access to treatment and supportive services. PRIOR VOTES ----------------------------------------------------------------- |Assembly Floor: |75 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: | | |-----------------------------------------------------------+-----| AB 2723 (Chávez) PageF of? |Assembly Human Services Committee: |6 - | | |0 | ----------------------------------------------------------------- POSITIONS Support: LIUNA Locals 777 & 792 The County Welfare Directors Association of California The Children's Law Center of California Oppose: Office of the District Attorney of Alameda County -- END --