BILL ANALYSIS �
AB 2035
Page 1
Date of Hearing: May 21, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2035 (Chesbro) - As Amended: April 21, 2014
Policy Committee: Human
ServicesVote:6 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill establishes the State Plan to Serve and Protect
Sexually Exploited and Trafficked Minors and aligns existing
statute to implement policies and procedures to respond to and
address Commercially and Sexually Exploited Children (CSEC).
Specifically, this bill:
1)Establishes the State Plan to Serve and Protect Sexually
Exploited and Trafficked Minors (State Plan) to provide a
framework for a coordinated effort and plan to serve and
protect sexually exploited and trafficked minors.
2)Expands the list of minors that may come within the
jurisdiction of the juvenile dependency court to include
victims of human trafficking and sexual exploitation.
3)Requires the California Health and Human Services (HHS) Agency
to convene an interagency workgroup (workgroup), in
consultation with the California Child Welfare Council no
later than January 30, 2015, to include relevant departments
and stakeholders.
4)Requires the workgroup to review existing programs and
services for child trafficking victims to identify areas of
need and develop strategies and recommendations and to
develop, in collaboration with the Child Welfare Council, and
submit no later than January 30, 2016, a comprehensive state
plan to serve and protect sexually exploited and trafficked
minors to the Legislature, Judicial Council, and the Governor.
5)Requires instruction on cultural competency and sensitivity
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relating to, and best practices for, providing adequate care
to sexually exploited and trafficked minors in out-of-home
care to be included in various relevant training programs.
FISCAL EFFECT
1)Unknown, potential minor net increase in annual child welfare
services costs (GF) to the extent sexually exploited and
trafficked minors are placed under the jurisdiction of the
juvenile dependency court.
2)One-time costs of $10,000 (GF) to develop the required
training program for foster care providers. Annual costs of
$65,000 to provide training for this new component to foster
caregivers.
3)Increased costs to the HHS in the range of $30,000 (General
Fund) to lead the workgroup and prepare and submit the state
plan by January 30, 2016.
4)Costs of approximately $15,000 (GF) per participating
department (CDE, DSS, CDCR) to engage in the review of
existing programs and services and development of the state
plan by January 30, 2015.
5)Major future cost pressure to implement the recommendations in
the state plan that are to include a mutiagency-coordinated
response protocol and guidelines that address identification,
screening, and assessment of victims, identification of
specialized services and programs, funding sources, and
timelines, training needs of law enforcement, child welfare
staff, and probation staff, and, data collection and sharing
protocols among agencies.
COMMENTS
1)Purpose . This bill seeks to ensure that youth who have been
commercially sexually exploited or trafficked can gain access
to supports and services through the dependency system.
Advocates note that currently in the state of California,
these child victims are arrested and funneled through the
juvenile delinquency system for crimes their traffickers force
them to commit. This bill clarifies that a child who is a
victim of sexual exploitation and trafficking falls under the
dependency court's jurisdiction, facilitating access to the
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service system that is designed to support their needs as a
victim rather than a criminal.
2)Background . In a comprehensive report recently released by the
California Child Welfare Council, Ending the Commercial Sexual
Exploitation of Children: A Call for Multi-System
Collaboration in California (2013), human trafficking, which
includes commercial sexual exploitation (CSE), is identified
as a $32 billion per year worldwide industry, and is
increasingly a domestic issue. According to Federal Bureau of
Investigations (FBI) estimates, 100,000 children are sold for
sex each year within the United States, and as many as 300,000
children are at risk of becoming victims. In addition, the
report notes that over the past two years, California's nine
human trafficking task forces identified 1,277 victims, 72% of
whom were from the United States. The report, in part, states:
"Within the United States, California has emerged as
a magnet for commercial sexual exploitation of
children (CSEC). The FBI has determined that three of
the nation's thirteen High Intensity Child
Prostitution areas are located in California: the San
Francisco, Los Angeles, and San Diego metropolitan
areas. Child sex trafficking, child pornography, and
child sex tourism are all forms of CSEC. Frequently,
victims are exploited through more than one form of
abuse, and they cycle through the stages of
exploitation many times before they are able to leave
their exploitative relationships. To address this
problem, California must develop a comprehensive and
collaborative response to ensure CSE victims are
identified and receive the services they need to
overcome trauma and live healthy, productive lives.
The children who fall prey to exploiters are frequently
those with prior involvement with the child welfare system,
such as through child abuse report investigations and
placement in foster care. Other victims should have
received child welfare services and protections but never
gained access to the system, and are instead treated like
criminals and funneled into the juvenile justice system."
The juvenile dependency court seeks to connect minor victims
of abuse with services including housing, healthcare, and
mental health support. To address the issues related to
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commercially sexually exploited youth, this bill authorizes
the juvenile dependency court to exercise jurisdiction over
these minors, and requires that foster parents, group homes,
and other caregivers receive training on sensitivity and best
practices related to providing homes to sexually abused youth.
This bill also requires the CHHS and the California Child
Welfare Council to convene an interagency workgroup to
coordinate and plan how to best serve and protect sexually
exploited and trafficked minors.
3)Previous Legislation.
a) SB 114 (Pavley) Chapter 42, Statutes of 2013, extended
the sunset date to January 1, 2017, for the discretionary
pilot project related to commercially sexually exploited
minors established pursuant to SB 1279 (Pavley) and extends
the sunset date for the District Attorney of Los Angeles to
submit a report to the Legislature to April 1, 2016.
b) AB 799 (Swanson) Chapter 51, Statutes of 2011 extended
the sunset date authorizing the Alameda County District
Attorney to create a pilot project, contingent upon local
funding, for the purposes of developing a comprehensive,
multidisciplinary model to address the needs and effective
treatment of commercially sexually exploited minors.
c) SB 1279 (Pavley) Chapter 116, Statutes of 2010
authorized, until January 1, 2014, a discretionary pilot
project in Los Angeles County to encourage the development
of a comprehensive, multidisciplinary model reflecting the
best practices for the response of law enforcement and the
criminal and juvenile justice systems to identify, assess,
and address the needs of commercially sexually exploited
children who have been arrested or detained by local law
enforcement for prostitution crimes.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081