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
AB 2723 (Chávez) PageB
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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
AB 2723 (Chávez) PageC
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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
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<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
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<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 - |
| |0 |
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|Assembly Appropriations Committee: | |
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|Assembly Human Services Committee: |6 - |
| |0 |
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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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