BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2035|
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THIRD READING
Bill No: AB 2035
Author: Chesbro (D), et al.
Amended: 8/19/14 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/10/14
AYES: Beall, DeSaulnier, Liu, Wyland
NO VOTE RECORDED: Berryhill
SENATE JUDICIARY COMMITTEE : 7-0, 6/24/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 78-0, 5/28/14 - See last page for vote
SUBJECT : Sexually exploited and trafficked minors
SOURCE : Coalition to Abolish Slavery and Trafficking LA
Junior League of California State Public Affairs
Committee
DIGEST : This bill specifically makes legislative findings and
declarations, until January 1, 2017, that a minor is within the
jurisdiction of the juvenile court and a dependent child of the
court if the minor is a victim of human trafficking, and the
parent or guardian failed or was unable to protect the child.
This bill requires the training for an administrator of a group
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home facility, licensed foster parent, or relative or
nonrelative extended family member caregiver (NREFMs) to include
instruction on cultural competency and sensitivity relating to,
and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.
ANALYSIS : Existing federal law:
1.Enacts a series of Trafficking Victims Protection
Reauthorization Acts in 2003, 2005, 2008, and 2013 which
mandated new information campaigns, requires an annual report
from the Attorney General to Congress, creates a new civil
cause of action allowing trafficking victims to sue their
traffickers in federal district court, and most recently
enhances support for state and local efforts to address
victims of human trafficking, especially minor sex trafficking
victims.
2.Includes, in defining the term "victim of a severe form of
trafficking in persons," a person who has been subjected to
sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion and in which the person induced to
perform such act has not attained 18 years of age.
Existing state law:
1.Establishes the criteria by which a child who has suffered, or
is at risk of suffering, significant abuse or harm shall be
within the jurisdiction of the juvenile court which may
adjudge that person to be a dependent child of the court.
2.Provides that a minor who violates a state, federal, or local
law is within the jurisdiction of the juvenile court, which
may adjudge such person to be a ward of the court.
3.Provides that engaging in or agreeing to engage in any act of
prostitution is guilty of disorderly conduct, a misdemeanor.
4.Defines sexual abuse to include the promotion or encouragement
of a child to engage in an act of prostitution or posed or
performed sexual conduct.
5.Provides that sexual intercourse with a minor, who is not the
spouse of the perpetrator, is unlawful and punishable as
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either a misdemeanor or felony, as specified.
6.Establishes the California Child Welfare Council to serve as
an advisory body responsible for improving the collaboration
and processes of the multiple agencies and the courts that
service the children and youth in the child welfare and foster
care systems.
7.Requires the Department of Social Services (DSS) to develop
and establish a certification program to ensure that group
home administrators have appropriate training.
This bill:
1.Makes a legislative finding and declaration that until January
1, 2017, a child who is a victim of human trafficking, and
whose parent or guardian failed to, or was unable to, protect
the child, is within the description of a dependent child of
the court and that this finding is declaratory of existing
law.
2.Requires training for administrators of group home facilities,
licensed foster parents, and NREFMs to include instruction on
cultural competency and sensitivity relating to, and best
practices for, providing adequate care to sexually exploited
and trafficked minors in out-of-home care.
Comments
According to the author's office, this bill provides foster
parents and group home administrators with the competency and
sensitivity relating to, and best practices, for providing care
to a commercially sexually exploited child in out-of-home care.
Because many of these children were victims of abuse prior to
their exploitation, it's important that they are in an
environment that is sensitive of their needs and enables them to
free themselves away the abusive lifestyle, the author states.
This bill is the first step in ensuring that these children
receive the care they need and are treated as victims rather
than criminals.
The author states a recent report released by the California
Child Welfare Council which writes that "within the United
States, California has emerged as a magnet for the commercial
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sexual exploitation of children (CSEC)." The report states that
the Federal Bureau of Investigation estimates that more than
100,000 children are trafficked annually in the United States
and as many of 300,000 are at risk of becoming victims of
commercial sexual exploitation. The FBI has additionally found
that three of the FBI's thirteen highest areas of CSEC are
located within California including San Francisco, Los Angeles,
and the San Diego metropolitan areas.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potentially significant ongoing increase in annual child
welfare services costs (General Fund*) to the extent a greater
number of human trafficked minors are placed under the
jurisdiction of the juvenile dependency court.
One-time costs of $10,000 (General Fund) to develop the new
curriculum component to the required training program for
foster care providers. Annual costs of $65,000 to provide
training for this new component to foster caregivers.
Potentially significant cost pressure (General Fund*) to
provide additional services and funding, including
supplemental foster care rates for placement of child victims
of human trafficking that are not covered under the recently
enacted Human Services budget trailer bill (SB 855) that
covers sexually trafficked children, but not children
trafficked for forced labor or services.
SUPPORT : (Verified 8/19/14)
Coalition to Abolish Slavery and Trafficking LA (co-source)
Junior League of California State Public Affairs Committee
(co-source)
California Alliance of Children and Family Services
California Coalition for Youth
California Youth Connection
Children Now
Children's Defense Fund
Children's Law Center of California
City and County of San Francisco
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Criterion Services for Children and Families
Equality California
International Justice Mission
Junior Leagues of Bakersfield Los Angeles, Long Beach, Monterey,
Napa-
Sonoma, Oakland- East Bay, Orange County, Riverside, San Diego,
San
Francisco, and San Jose
National Center for Youth Law
National Council of Jewish Women
Oakland City Councilmember McElhaney
Red Window Project
San Francisco District Attorney George Gascon
SEIU Local 1000
West Coast Children's Clinic
ASSEMBLY FLOOR : 78-0, 5/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Frazier, Vacancy
JL:nl 8/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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