BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:              AB 2723
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          |Author:   |Chávez                                                |
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          |Version:  |March 18, 2016         |Hearing    |June 14, 2016    |
          |          |                       |Date:      |                 |
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          |Urgency:  |No                     |Fiscal:    |No               |
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          |Consultant|Mareva Brown                                          |
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                    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  








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               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  









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          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  











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          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.








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          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
          
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          |Assembly Floor:                                            |75 - |
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          |Assembly Appropriations Committee:                         |     |
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          |Assembly Human Services Committee:                         |6 -  |
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            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 

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