AB 1227: Human Trafficking Prevention Education and Training Act.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-07
(1)Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.
This bill would require that instruction to additionally include information about sexual abuse and to include information about human trafficking instead of sex trafficking. To the extent that this requirement would impose additional duties on school districts, the bill would impose a state-mandated local program.
(2)Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as described, and authorizes the periodic conducting of in-service training of school district personnel relating to sexual abuse and sex trafficking.
This bill would recast those provisions to instead authorize a school district to provide abuse, including sexual abuse, and human trafficking prevention education, and to require the availability and periodic conducting of continuation, rather than in-service, training of school district personnel relating to abuse, including sexual abuse, and human trafficking.
(3)Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services, in order to adequately serve children who have been sexually exploited. The program requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The program authorizes the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation, for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and for the training of county workers and foster caregivers for the prevention and identification of potential victims, as specified.
This bill would amend various provisions of the program to include components relating to education and training, as specified.
Existing law requires a county that elects to receive funds from the program to develop an interagency protocol to be utilized in serving sexually exploited children. Existing law requires the protocol to be developed by a team that includes representatives from specified agencies.
This bill would require that team to include representatives from the county office of education and the sheriffs department, as specified.
Under existing law, the program also requires the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified. Existing law requires the department to implement these provisions by June 1, 2015.
This bill would extend the requirement that the provision be implemented to June 1, 2018.
(4)This bill would incorporate additional changes to Section 51934 of the Education Code proposed by AB 643 to be operative only if this bill and AB 643 are enacted and this bill is enacted last.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.
This bill would require that instruction to additionally include information about sexual abuse and to include information about human trafficking instead of sex trafficking. To the extent that this requirement would impose additional duties on school districts, the bill would impose a state-mandated local program.
(2)Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as described, and authorizes the periodic conducting of in-service training of school district personnel relating to sexual abuse and sex trafficking.
This bill would recast those provisions to instead authorize a school district to provide abuse, including sexual abuse, and human trafficking prevention education, and to require the availability and periodic conducting of continuation, rather than in-service, training of school district personnel relating to abuse, including sexual abuse, and human trafficking.
(3)Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services, in order to adequately serve children who have been sexually exploited. The program requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The program authorizes the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation, for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and for the training of county workers and foster caregivers for the prevention and identification of potential victims, as specified.
This bill would amend various provisions of the program to include components relating to education and training, as specified.
Existing law requires a county that elects to receive funds from the program to develop an interagency protocol to be utilized in serving sexually exploited children. Existing law requires the protocol to be developed by a team that includes representatives from specified agencies.
This bill would require that team to include representatives from the county office of education and the sheriffs department, as specified.
Under existing law, the program also requires the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified. Existing law requires the department to implement these provisions by June 1, 2015.
This bill would extend the requirement that the provision be implemented to June 1, 2018.
(4)This bill would incorporate additional changes to Section 51934 of the Education Code proposed by AB 643 to be operative only if this bill and AB 643 are enacted and this bill is enacted last.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.
This bill would require that instruction to additionally include information about sexual abuse and to include information about human trafficking instead of sex trafficking. To the extent that this requirement would impose additional duties on school districts, the bill would impose a state-mandated local program.
(2)Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as described, and authorizes the periodic conducting of in-service training of school district personnel relating to sexual abuse and sex trafficking.
This bill would recast those provisions to instead authorize a school district to provide abuse, including sexual abuse, and human trafficking prevention education, and to require the availability and periodic conducting of continuation, rather than in-service, training of school district personnel relating to abuse, including sexual abuse, and human trafficking.
(3)Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services, in order to adequately serve children who have been sexually exploited. The program requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The program authorizes the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation, for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and for the training of county workers and foster caregivers for the prevention and identification of potential victims, as specified.
This bill would amend various provisions of the program to include components relating to education and training, as specified.
Existing law requires a county that elects to receive funds from the program to develop an interagency protocol to be utilized in serving sexually exploited children. Existing law requires the protocol to be developed by a team that includes representatives from specified agencies.
This bill would require that team to include representatives from the county office of education and the sheriffs department, as specified.
Under existing law, the program also requires the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified. Existing law requires the department to implement these provisions by June 1, 2015.
This bill would extend the requirement that the provision be implemented to June 1, 2018.
(4)This bill would incorporate additional changes to Section 51934 of the Education Code proposed by AB 643 to be operative only if this bill and AB 643 are enacted and this bill is enacted last.
(4)(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.
This bill would require that instruction to additionally include information about sexual abuse and to include information about human trafficking instead of sex trafficking. To the extent that this requirement would impose additional duties on school districts, the bill would impose a state-mandated local program.
(2)Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as described, and authorizes the periodic conducting of in-service training of school district personnel relating to sexual abuse and sex trafficking.
This bill would recast those provisions to instead authorize a school district to provide abuse, including sexual abuse, and human trafficking prevention education, and to require the availability and periodic conducting of continuation, rather than in-service, training of school district personnel relating to abuse, including sexual abuse, and human trafficking.
(3)Existing law, the Child Abuse and Neglect Reporting Act, requires the filing of a report with a police department, county sheriffs department, county probation department, or county welfare department by a mandated reporter, as defined, who, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of these provisions, the term child abuse or neglect is defined to include physical injury or death inflicted by other than accidental means, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of the person or health of a child, or unlawful corporal punishment or injury. Failure to file a mandated report is a misdemeanor.This bill would amend the term child abuse or neglect to include human trafficking, as described. By increasing the scope of a crime, the bill would impose a state-mandated local program.(4)(3)Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services, in order to adequately serve children who have been sexually exploited. The program requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The program authorizes the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation, for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and for the training of county workers and foster caregivers for the prevention and identification of potential victims, as specified.
This bill would amend various provisions of the program to include components relating to education and training, as specified.
Existing law requires a county that elects to receive funds from the program to develop an interagency protocol to be utilized in serving sexually exploited children. Existing law requires the protocol to be developed by a team that includes representatives from specified agencies.
This bill would require that team to include representatives from the county office of education and the sheriffs department, as specified.
Under existing law, the program also requires the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified. Existing law requires the department to implement these provisions by June 1, 2015.
This bill would extend the requirement that the provision be implemented to June 1, 2018.
(5)(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, the California Healthy Youth Act, requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. Under the act, this instruction includes, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.
This bill would require that instruction to additionally include information about sexual abuse and to include information about human trafficking instead of sex trafficking. To the extent that this requirement would impose additional duties on school districts, the bill would impose a state-mandated local program.
(1)(2)Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as described, and authorizes the periodic conducting of in-service training of school district personnel relating to sexual abuse and sex trafficking.
This bill would recast those provisions to instead require authorize a school district to provide abuse, including sexual abuse, and human trafficking prevention education, and to require the availability and periodic conducting of continuation continuation, rather than in-service, training of school district personnel relating to abuse, including sexual abuse, and human trafficking, thereby imposing a state-mandated local program. trafficking.
(2)(3)Existing law, the Child Abuse and Neglect Reporting Act, requires the filing of a report with a police department, county sheriffs department, county probation department, or county welfare department by a mandated reporter, as defined, who, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of these provisions, the term child abuse or neglect is defined to include physical injury or death inflicted by other than accidental means, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of the person or health of a child, or unlawful corporal punishment or injury. Failure to file a mandated report is a misdemeanor.
This bill would amend the term child abuse or neglect to include human trafficking, as described. By increasing the scope of a crime, the bill would impose a state-mandated local program.
(3)(4)Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services, in order to adequately serve children who have been sexually exploited. The program requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The program authorizes the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation, for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and for the training of county workers and foster caregivers for the prevention and identification of potential victims, as specified.
This bill would amend various provisions of the program to include components relating to education and training, as specified.
Existing law requires a county that elects to receive funds from the program to develop an interagency protocol to be utilized in serving sexually exploited children. Existing law requires the protocol to be developed by a team that includes representatives from specified agencies.
This bill would require that team to include representatives from the county office of education and the sheriffs department, as specified.
Under existing law, the program also requires the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified. Existing law requires the department to implement these provisions by June 1, 2015.
This bill would extend the requirement that the provision be implemented to June 1, 2018.
(4)(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as described, and authorizes the periodic conducting of in-service training of school district personnel relating to sexual abuse and sex trafficking.
This bill would recast those provisions to instead require a school district to provide abuse, including sexual abuse, and human trafficking prevention education, and require the availability and periodic conducting of continuation training of school district personnel relating to abuse, including sexual abuse, and human trafficking, thereby imposing a state-mandated local program.
(2)Existing law, the Child Abuse and Neglect Reporting Act, requires the filing of a report with a police department, county sheriffs department, county probation department, or county welfare department by a mandated reporter, as defined, who, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of these provisions, the term child abuse or neglect is defined to include physical injury or death inflicted by other than accidental means, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of the person or health of a child, or unlawful corporal punishment or injury. Failure to file a mandated report is a misdemeanor.
This bill would amend the term child abuse or neglect to include human trafficking, as described. By increasing the scope of a crime, this the bill would impose a state-mandated local program.
(3)Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services, in order to adequately serve children who have been sexually exploited. The program requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The program authorizes the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation, for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and for the training of county workers and foster caregivers for the prevention and identification of potential victims, as specified.
This bill would rename the program the Commercially Sexually Exploited or Trafficked Children Program, and would recast the above provisions to expressly include human trafficking. The bill would also amend various provisions of the program to include components relating to education. education and training, as specified.
Existing law requires a county that elects to receive funds from the program to develop an interagency protocol to be utilized in serving sexually exploited children. Existing law requires the protocol to be developed by a team that includes representatives from specified agencies.
This bill would require that team to include representatives from the county office of education and the sheriffs department, as specified.
Under existing law, the program also requires the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified. Existing law requires the department to implement these provisions by June 1, 2015.
This bill would extend that provision to include trafficked children, and would additionally require the department to collect and publish specified data. the requirement that the provision be implemented to June 1, 2018.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as described, and authorizes the periodic conducting of in-service training of school district personnel relating to sexual abuse and sex trafficking.
This bill would recast those provisions to instead require a school district to provide abuse, including sexual abuse, and human trafficking prevention education, and require the availability and periodic conducting of continuation training of school district personnel relating to abuse, including sexual abuse, and human trafficking, thereby imposing a state-mandated local program.
(2)Existing law, the Child Abuse and Neglect Reporting Act, requires the filing of a report with a police department, county sheriffs department, county probation department, or county welfare department by a mandated reporter, as defined, who, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of these provisions, the term child abuse or neglect is defined to include physical injury or death inflicted by other than accidental means, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of the person or health of a child, or unlawful corporal punishment or injury. Failure to file a mandated report is a misdemeanor.
This bill would amend the term child abuse or neglect to include human trafficking, as described. By increasing the scope of a crime, this bill would impose a state-mandated local program.
(3)Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services, in order to adequately serve children who have been sexually exploited. The program requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The program authorizes the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation, for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and for the training of county workers and foster caregivers for the prevention and identification of potential victims, as specified.
This bill would rename the program the Commercially Sexually Exploited or Trafficked Children Program, and would recast the above provisions to expressly include human trafficking. The bill would also amend various provisions of the program to include components relating to education.
Under existing law, the program also requires the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified.
This bill would extend that provision to include trafficked children, and would additionally require the department to collect and publish specified data.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This act shall be known, and may be cited, as the Human Trafficking Prevention Education and Training Act.
SEC. 2.The Legislature finds and declares that to reduce the vulnerability of all children in California to incidents of commercial labor or sexual exploitation and to begin to eradicate human trafficking from the state, it is necessary that the state, schools, and counties implement comprehensive prevention education and training procedures designed to do all of the following:
(a)Coordinate the efforts of counties, local agencies, and other stakeholders through agreed-upon protocols.
(b)Train county leadership, administrators, and educators to identify children that have been, or may be at risk of being, exploited and how to proceed when potential victims are identified.
(c)Teach Californias school-age population how to avoid becoming victims of exploitation, and help them understand the problem of human exploitation and learn ways to address the problem through service initiatives.
(d)Evaluate how the implementation of prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about the issue.
SEC. 3.Section 51934 of the Education Code is amended to read:51934.(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, sexual abuse, and human trafficking. Information on human trafficking shall include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(b)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (10), inclusive, of subdivision (a).
SEC. 3.5.Section 51934 of the Education Code is amended to read:51934.(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, sexual abuse, and human trafficking. Information on human trafficking shall include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(11)Information about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof.
(b)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (11), inclusive, of subdivision (a).
SEC. 4.Section 51950 of the Education Code is amended to read:51950.(a)A school district may provide abuse, including sexual abuse, and human trafficking prevention education.
(b)For purposes of this section, abuse, including sexual abuse, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.
(c)A parent or guardian of a pupil shall have the right to excuse his or her child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, consistent with Section 51938.
(d)The department may make available on the departments Internet Web site information about the education described in this section, resources on abuse, including sexual abuse, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.
(e)A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.
(f) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
SEC. 5.Section 16524.6 of the Welfare and Institutions Code is amended to read:16524.6.The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial sexual exploitation, and adequately serve children who have been sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to this population.
SEC. 6.Section 16524.7 of the Welfare and Institutions Code is amended to read:16524.7.(a)(1)There is hereby established the Commercially Sexually Exploited Children Program. This program shall be administered by the State Department of Social Services.
(2)The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention and intervention services, and training related to children who are, or may become, victims of commercial sexual exploitation.
(3)(A)Funds shall be provided to counties that elect to participate in the program for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims.
(B)The department shall contract to provide training for county workers and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county childrens services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellors Office to provide training for foster parents of licensed foster family homes.
(4)Funds provided to the counties electing to participate in the program shall be used for prevention activities, which includes training county workers, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. These activities and services may include, but are not limited to, all of the following:
(A)Educating foster children to help recognize and help avoid commercial sexual exploitation. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation.
(B)Engaging survivors of commercial sexual exploitation to do all of the following:
(i)Provide support to county staff who serve children who are victims of commercial sexual exploitation.
(ii)Participate in activities that may include education, training, and technical assistance.
(iii)Serve as advocates for and perform outreach and support to children who are victims of commercial sexual exploitation.
(C)Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of commercial sexual exploitation.
(D)Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation to support victims and their caregivers, and to provide case management to support interagency and cross-departmental response.
(E)Providing supplemental foster care rates for placement of child victims of commercial sexual exploitation adjudged to be within the definition of Section 300, to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim in accordance with Section 11460.
(b)Funds allocated for the program shall not supplant funds for existing programs.
(c)(1)In order to ensure timely access to services to which commercially sexually exploited children are entitled as dependents in foster care, in participating counties, county agency representatives from mental health, probation, public health, and substance abuse disorders shall participate in the case planning and assist in linking commercially sexually exploited children to services that serve children who are in the child welfare system and that are identified in the childs case plan and may include other stakeholders as determined by the county.
(2)The entities described in paragraph (1) shall provide input to the child welfare services agency regarding the services and supports needed for these children to support treatment needs and aid in their recovery and may assist in linking these children to services that are consistent with their county plans submitted to the department pursuant to subdivision (d).
(d)(1)A county electing to receive funding from the Commercially Sexually Exploited Children Program pursuant to this chapter shall submit a plan describing how the county intends to utilize the funds allocated pursuant to paragraph (4) of subdivision (a).
(2)(A)The county shall submit a plan to the department pursuant to a process developed by the department, in consultation with the County Welfare Directors Association. The plan shall include documentation indicating the countys collaboration with county partner agencies, educational entities, and children-focused entities, which shall include the formation of a multidisciplinary team to serve children pursuant to this chapter.
(B)A multidisciplinary team serving a child pursuant to this chapter shall include, but is not limited to, appropriate staff from the county child welfare, probation, mental health, substance abuse disorder, and public health departments. Staff from a local provider of services to this population, local education agencies, and local law enforcement, and survivors of commercial sexual exploitation and trafficking may be included on the team.
SEC. 7.Section 16524.8 of the Welfare and Institutions Code is amended to read:16524.8.(a)(1)Each county electing to receive funds from the Commercially Sexually Exploited Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving sexually exploited children. The county protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies:
(A)The county probation department.
(B)The county mental health department.
(C)The county public health department.
(D)The juvenile court in the county.
(E)The county office of education.
(F)The county sheriffs department.
(2)The team may include, but shall not be limited to, representatives from local education agencies, local law enforcement, survivors of sexual exploitation, and other providers as necessary.
(b)At a minimum, the interagency protocol shall address the provision of services to children who have been sexually exploited and are within the definition of Section 300, including, but not limited to, the use of a multidisciplinary team approach to provide coordinated case management, service planning, and services to these children.
(c)Counties that developed a protocol prior to the inclusion of county offices of education and county sheriffs departments as required partners pursuant to this section may, but are not required to, revise protocols to reflect input by these entities.
SEC. 8.Section 16524.9 of the Welfare and Institutions Code is amended to read:16524.9.(a)The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, including children who are referred to the child abuse hotline and children currently served by county child welfare and probation departments who are subsequently identified as victims of commercial sexual exploitation.
(b)The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff.
(c)The department shall implement this section no later than June 1, 2018.
SEC. 9.Section 3.5 of this bill incorporates amendments to Section 51934 of the Education Code proposed by both this bill and Assembly Bill 643. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 51934 of the Education Code, and (3) this bill is enacted after Assembly Bill 643, in which case Section 3 of this bill shall not become operative.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
This act shall be known, and may be cited, as the Human Trafficking Prevention Education and Training Act.
SEC. 2.The Legislature finds and declares that to reduce the vulnerability of all children in California to incidents of commercial labor or sexual exploitation and to begin to eradicate human trafficking from the state, it is necessary that the state, schools, and counties implement comprehensive prevention education and training procedures designed to do all of the following:
(a)Coordinate the efforts of counties, local agencies, and other stakeholders through agreed-upon protocols.
(b)Train county leadership, administrators, and educators to identify children that have been, or may be at risk of being, exploited and how to proceed when potential victims are identified.
(c)Teach Californias school-age population how to avoid becoming victims of exploitation, and help them understand the problem of human exploitation and learn ways to address the problem through service initiatives.
(d)Evaluate how the implementation of prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about the issue.
SEC. 3.Section 51934 of the Education Code is amended to read:51934.(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, sexual abuse, and human trafficking. Information on human trafficking shall include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(b)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (10), inclusive, of subdivision (a).
SEC. 3.5.Section 51934 of the Education Code is amended to read:51934.(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, sexual abuse, and human trafficking. Information on human trafficking shall include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(11)Information about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof.
(b)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (11), inclusive, of subdivision (a).
SEC. 4.Section 51950 of the Education Code is amended to read:51950.(a)A school district may provide abuse, including sexual abuse, and human trafficking prevention education.
(b)For purposes of this section, abuse, including sexual abuse, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.
(c)A parent or guardian of a pupil shall have the right to excuse his or her child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, consistent with Section 51938.
(d)The department may make available on the departments Internet Web site information about the education described in this section, resources on abuse, including sexual abuse, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.
(e)A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.
(f) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
SEC. 5.Section 16524.6 of the Welfare and Institutions Code is amended to read:16524.6.The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial sexual exploitation, and adequately serve children who have been sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to this population.
SEC. 6.Section 16524.7 of the Welfare and Institutions Code is amended to read:16524.7.(a)(1)There is hereby established the Commercially Sexually Exploited Children Program. This program shall be administered by the State Department of Social Services.
(2)The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention and intervention services, and training related to children who are, or may become, victims of commercial sexual exploitation.
(3)(A)Funds shall be provided to counties that elect to participate in the program for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims.
(B)The department shall contract to provide training for county workers and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county childrens services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellors Office to provide training for foster parents of licensed foster family homes.
(4)Funds provided to the counties electing to participate in the program shall be used for prevention activities, which includes training county workers, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. These activities and services may include, but are not limited to, all of the following:
(A)Educating foster children to help recognize and help avoid commercial sexual exploitation. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation.
(B)Engaging survivors of commercial sexual exploitation to do all of the following:
(i)Provide support to county staff who serve children who are victims of commercial sexual exploitation.
(ii)Participate in activities that may include education, training, and technical assistance.
(iii)Serve as advocates for and perform outreach and support to children who are victims of commercial sexual exploitation.
(C)Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of commercial sexual exploitation.
(D)Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation to support victims and their caregivers, and to provide case management to support interagency and cross-departmental response.
(E)Providing supplemental foster care rates for placement of child victims of commercial sexual exploitation adjudged to be within the definition of Section 300, to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim in accordance with Section 11460.
(b)Funds allocated for the program shall not supplant funds for existing programs.
(c)(1)In order to ensure timely access to services to which commercially sexually exploited children are entitled as dependents in foster care, in participating counties, county agency representatives from mental health, probation, public health, and substance abuse disorders shall participate in the case planning and assist in linking commercially sexually exploited children to services that serve children who are in the child welfare system and that are identified in the childs case plan and may include other stakeholders as determined by the county.
(2)The entities described in paragraph (1) shall provide input to the child welfare services agency regarding the services and supports needed for these children to support treatment needs and aid in their recovery and may assist in linking these children to services that are consistent with their county plans submitted to the department pursuant to subdivision (d).
(d)(1)A county electing to receive funding from the Commercially Sexually Exploited Children Program pursuant to this chapter shall submit a plan describing how the county intends to utilize the funds allocated pursuant to paragraph (4) of subdivision (a).
(2)(A)The county shall submit a plan to the department pursuant to a process developed by the department, in consultation with the County Welfare Directors Association. The plan shall include documentation indicating the countys collaboration with county partner agencies, educational entities, and children-focused entities, which shall include the formation of a multidisciplinary team to serve children pursuant to this chapter.
(B)A multidisciplinary team serving a child pursuant to this chapter shall include, but is not limited to, appropriate staff from the county child welfare, probation, mental health, substance abuse disorder, and public health departments. Staff from a local provider of services to this population, local education agencies, and local law enforcement, and survivors of commercial sexual exploitation and trafficking may be included on the team.
SEC. 7.Section 16524.8 of the Welfare and Institutions Code is amended to read:16524.8.(a)(1)Each county electing to receive funds from the Commercially Sexually Exploited Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving sexually exploited children. The county protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies:
(A)The county probation department.
(B)The county mental health department.
(C)The county public health department.
(D)The juvenile court in the county.
(E)The county office of education.
(F)The county sheriffs department.
(2)The team may include, but shall not be limited to, representatives from local education agencies, local law enforcement, survivors of sexual exploitation, and other providers as necessary.
(b)At a minimum, the interagency protocol shall address the provision of services to children who have been sexually exploited and are within the definition of Section 300, including, but not limited to, the use of a multidisciplinary team approach to provide coordinated case management, service planning, and services to these children.
(c)Counties that developed a protocol prior to the inclusion of county offices of education and county sheriffs departments as required partners pursuant to this section may, but are not required to, revise protocols to reflect input by these entities.
SEC. 8.Section 16524.9 of the Welfare and Institutions Code is amended to read:16524.9.(a)The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, including children who are referred to the child abuse hotline and children currently served by county child welfare and probation departments who are subsequently identified as victims of commercial sexual exploitation.
(b)The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff.
(c)The department shall implement this section no later than June 1, 2018.
SEC. 9.Section 3.5 of this bill incorporates amendments to Section 51934 of the Education Code proposed by both this bill and Assembly Bill 643. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 51934 of the Education Code, and (3) this bill is enacted after Assembly Bill 643, in which case Section 3 of this bill shall not become operative.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
This act shall be known, and may be cited, as the Human Trafficking Prevention Education and Training Act.
SEC. 2.The Legislature finds and declares that to reduce the vulnerability of all children in California to incidents of commercial labor or sexual exploitation and to begin to eradicate human trafficking from the state, it is necessary that the state, schools, and counties implement comprehensive prevention education and training procedures designed to do all of the following:
(a)Coordinate the efforts of counties, local agencies, and other stakeholders through agreed-upon protocols.
(b)Train county leadership, administrators, and educators to identify children that have been, or may be at risk of being, exploited and how to proceed when potential victims are identified.
(c)Teach Californias school-age population how to avoid becoming victims of exploitation, and help them understand the problem of human exploitation and learn ways to address the problem through service initiatives.
(d)Evaluate how the implementation of prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about the issue.
SEC. 3.Section 51934 of the Education Code is amended to read:51934.(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. This instruction Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, sexual abuse, and human trafficking. Information on human trafficking shall include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(b)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (10), inclusive, of subdivision (a).
SEC. 3.5.Section 51934 of the Education Code is amended to read:51934.(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. sexual abuse, and human trafficking. Information on human trafficking shall include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(11)Information about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof.
(b)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (10), (11), inclusive, of subdivision (a).
SEC. 4.Section 51950 of the Education Code is amended to read:51950.(a)A school district may provide abuse, including sexual abuse, and human trafficking prevention education.
(b)For purposes of this section, abuse, including sexual abuse, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.
(c)A parent or guardian of a pupil shall have the right to excuse his or her child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, consistent with Section 51938.
(d)The department may make available on the departments Internet Web site information about the education described in this section, resources on abuse, including sexual abuse, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.
(e)A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.
(f) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
SEC. 5.Section 16524.6 of the Welfare and Institutions Code is amended to read:16524.6.The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial sexual exploitation, and adequately serve children who have been sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to this population.
SEC. 6.Section 16524.7 of the Welfare and Institutions Code is amended to read:16524.7.(a)(1)There is hereby established the Commercially Sexually Exploited Children Program. This program shall be administered by the State Department of Social Services.
(2)The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention and intervention services, and training related to children who are, or may become, victims of commercial sexual exploitation.
(3)(A)Funds shall be provided to counties that elect to participate in the program for the provision of training to county childrens services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims.
(B)The department shall contract to provide training for county workers and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county childrens services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellors Office to provide training for foster parents of licensed foster family homes.
(4)Funds provided to the counties electing to participate in the program shall be used for prevention activities, which includes training county workers, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. These activities and services may include, but are not limited to, all of the following:
(A)Educating foster children to help recognize and help avoid commercial sexual exploitation. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation.
(B)Engaging survivors of commercial sexual exploitation to do all of the following:
(i)Provide support to county staff who serve children who are victims of commercial sexual exploitation.
(ii)Participate in activities that may include education, training, and technical assistance.
(iii)Serve as advocates for and perform outreach and support to children who are victims of commercial sexual exploitation.
(C)Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of commercial sexual exploitation.
(D)Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation to support victims and their caregivers, and to provide case management to support interagency and cross-departmental response.
(E)Providing supplemental foster care rates for placement of child victims of commercial sexual exploitation adjudged to be within the definition of Section 300, to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim in accordance with Section 11460.
(b)Funds allocated for the program shall not supplant funds for existing programs.
(c)(1)In order to ensure timely access to services to which commercially sexually exploited children are entitled as dependents in foster care, in participating counties, county agency representatives from mental health, probation, public health, and substance abuse disorders shall participate in the case planning and assist in linking commercially sexually exploited children to services that serve children who are in the child welfare system and that are identified in the childs case plan and may include other stakeholders as determined by the county.
(2)The entities described in paragraph (1) shall provide input to the child welfare services agency regarding the services and supports needed for these children to support treatment needs and aid in their recovery and may assist in linking these children to services that are consistent with their county plans submitted to the department pursuant to subdivision (d).
(d)(1)A county electing to receive funding from the Commercially Sexually Exploited Children Program pursuant to this chapter shall submit a plan describing how the county intends to utilize the funds allocated pursuant to paragraph (4) of subdivision (a).
(2)(A)The county shall submit a plan to the department pursuant to a process developed by the department, in consultation with the County Welfare Directors Association. The plan shall include documentation indicating the countys collaboration with county partner agencies, educational entities, and children-focused entities, which shall include the formation of a multidisciplinary team to serve children pursuant to this chapter.
(B)A multidisciplinary team serving a child pursuant to this chapter shall include, but is not limited to, appropriate staff from the county child welfare, probation, mental health, substance abuse disorder, and public health departments and local educational agencies. departments. Staff from a local provider of services to this population, local education agencies, and local law enforcement, and survivors of commercial sexual exploitation and trafficking may be included on the team.
SEC. 7.Section 16524.8 of the Welfare and Institutions Code is amended to read:16524.8.(a)(1)Each county electing to receive funds from the Commercially Sexually Exploited Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving sexually exploited children. The county protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies:
(A)The county probation department.
(B)The county mental health department.
(C)The county public health department.
(D)The juvenile court in the county.
(E)The county office of education.
(F)The county sheriffs department.
(2)The team may include, but shall not be limited to, representatives from local education agencies, local law enforcement, survivors of sexual exploitation, and other providers as necessary.
(b)At a minimum, the interagency protocol shall address the provision of services to children who have been sexually exploited and are within the definition of Section 300, including, but not limited to, the use of a multidisciplinary team approach to provide coordinated case management, service planning, and services to these children.
(c)Counties that developed a protocol prior to the inclusion of county offices of education and county sheriffs departments as required partners pursuant to this section may, but are not required to, revise protocols to reflect input by these entities.
SEC. 8.Section 16524.9 of the Welfare and Institutions Code is amended to read:16524.9.(a)The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, including children who are referred to the child abuse hotline and children currently served by county child welfare and probation departments who are subsequently identified as victims of commercial sexual exploitation.
(b)The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff.
(c)The department shall implement this section no later than June 1, 2018.
SEC. 9.Section 3.5 of this bill incorporates amendments to Section 51934 of the Education Code proposed by both this bill and Assembly Bill 643. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 51934 of the Education Code, and (3) this bill is enacted after Assembly Bill 643, in which case Section 3 of this bill shall not become operative.
SEC. 9.SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
This act shall be known, and may be cited, as the Human Trafficking Prevention Education and Training Act.
SEC. 2.The Legislature finds and declares that to reduce the vulnerability of all children in California to incidents of commercial labor or sexual exploitation and to begin to eradicate human trafficking from the state, it is necessary that the state, schools, and counties implement comprehensive prevention education and training procedures designed to do all of the following:
(a)Coordinate the efforts of counties, local agencies, and other stakeholders through agreed-upon protocols.
(b)Train county leadership, administrators, and educators to identify children that have been, or may be at risk of being, exploited and how to proceed when potential victims are identified.
(c)Teach Californias school-age population how to avoid becoming victims of exploitation, and help them understand the problem of human exploitation and learn ways to address the problem through service initiatives.
(d)Evaluate how the implementation of prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about the issue.
SEC. 3.Section 51934 of the Education Code is amended to read:51934.(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. This instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, sexual abuse, and human trafficking. Information on human trafficking shall include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(b)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (10), inclusive, of subdivision (a).
SEC. 4.Section 51950 of the Education Code is amended to read:51950.(a)A school district may provide abuse, including sexual abuse, and human trafficking prevention education.
(b)For purposes of this section, abuse, including sexual abuse, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.
(c)A parent or guardian of a pupil shall have the right to excuse his or her child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, consistent with Section 51938.
(d)The department may make available on the departments Internet Web site information about the education described in this section, resources on abuse, including sexual abuse, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.
(e)A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.
(f) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
SEC. 5.Section 11165.6 of the Penal Code is amended to read:11165.6.As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, human trafficking as described in subdivision (a) of Section 236.1, and unlawful corporal punishment or injury as defined in Section 11165.4. Child abuse or neglect does not include a mutual affray between minors. Child abuse or neglect does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.SEC. 6.SEC. 5.Section 16524.6 of the Welfare and Institutions Code is amended to read:16524.6.The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial sexual exploitation, and adequately serve children who have been sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to Californias children. this population.
SEC. 7.SEC. 6.Section 16524.7 of the Welfare and Institutions Code is amended to read:16524.7.(a)(1)There is hereby established the Commercially Sexually Exploited Children Program. This program shall be administered by the State Department of Social Services.
(2)The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention education and intervention services, and training related to children who are, or may become, victims of commercial sexual exploitation.
(3)(A)Funds shall be provided to counties that elect to participate in the program for the provision of training to county childrens services workers and educators to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims.
(B)The department shall contract to provide training for county workers, educators, workers and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county offices of education, county childrens services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellors Office to provide training for foster parents of licensed foster family homes.
(4)Funds provided to the counties electing to participate in the program shall be used for prevention activities, which includes training county workers and educating pupils in schools, workers, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. These activities and services may include, but are not limited to, all of the following:
(A)Educating foster children to help recognize and help avoid commercial sexual exploitation. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation.
(B)Engaging survivors of commercial sexual exploitation to do all of the following:
(i)Provide support to county staff who serve children who are victims of commercial sexual exploitation.
(ii)Participate in activities that may include education, training, and technical assistance.
(iii)Serve as advocates for and perform outreach and support to children who are victims of commercial sexual exploitation.
(C)Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of commercial sexual exploitation.
(D)Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation to support victims and their caregivers, and to provide case management to support interagency and cross-departmental response.
(E)Providing supplemental foster care rates for placement of child victims of commercial sexual exploitation adjudged to be within the definition of Section 300, to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim in accordance with Section 11460.
(5) A participating county may measure the impact of its training and prevention education by surveying educators, county workers, and children.(b)Funds allocated for the program shall not supplant funds for existing programs.
(c)(1)In order to ensure timely access to services to which commercially sexually exploited children are entitled as dependents in foster care, in participating counties, county agency representatives from mental health, probation, public health, and substance abuse disorders shall participate in the case planning and assist in linking commercially sexually exploited children to services that serve children who are in the child welfare system and that are identified in the childs case plan and may include other stakeholders as determined by the county.
(2)The entities described in paragraph (1) shall provide input to the child welfare services agency regarding the services and supports needed for these children to support treatment needs and aid in their recovery and may assist in linking these children to services that are consistent with their county plans submitted to the department pursuant to subdivision (d).
(d)(1)A county electing to receive funding from the Commercially Sexually Exploited Children Program pursuant to this chapter shall submit a plan describing how the county intends to utilize the funds allocated pursuant to paragraph (4) of subdivision (a).
(2)(A)The county shall submit a plan to the department pursuant to a process developed by the department, in consultation with the County Welfare Directors Association. The plan shall include documentation indicating the countys collaboration with county partner agencies, educational entities, and children-focused entities, which shall include the formation of a multidisciplinary team to serve children pursuant to this chapter.
(B)A multidisciplinary team serving a child pursuant to this chapter shall include, but is not limited to, appropriate staff from the county child welfare, probation, mental health, substance abuse disorder, and public health departments and local educational agencies. Staff from a local provider of services to this population, local education agencies, and local law enforcement, and survivors of commercial sexual exploitation and trafficking may be included on the team.
SEC. 8.SEC. 7.Section 16524.8 of the Welfare and Institutions Code is amended to read:16524.8.(a)(1)Each county electing to receive funds from the Commercially Sexually Exploited Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving sexually exploited children. The county protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies:
(A)The county probation department.
(B)The county mental health department.
(C)The county public health department.
(D)The juvenile court in the county.
(E)The county office of education.
(F)The county sheriffs department.
(2)The team may include, but shall not be limited to, representatives from local education agencies, local law enforcement, survivors of sexual exploitation exploitation, and other providers as necessary.
(b)At a minimum, the interagency protocol shall address the provision of services to children who have been sexually exploited and are within the definition of Section 300, including, but not limited to, the use of a multidisciplinary team approach to provide coordinated case management, service planning, and services to these children.
(c)Counties that developed a protocol prior to the inclusion of county offices of education and county sheriffs departments as required partners pursuant to this section may, but are not required to, revise protocols to reflect input by these entities.
SEC. 9.SEC. 8.Section 16524.9 of the Welfare and Institutions Code is amended to read:16524.9.(a)The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, including children who are referred to the child abuse hotline and children currently served by county child welfare and probation departments who are subsequently identified as victims of commercial sexual exploitation.
(b)The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff.
(c)The department shall implement this section no later than June 1, 2018.
SEC. 10.SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
This act shall be known, and may be cited, as the Human Trafficking Prevention Education and Training Act.
SEC. 2.The Legislature finds and declares that to reduce the vulnerability of all children in California to incidents of commercial labor or sexual exploitation and to begin to eradicate human trafficking from the state, it is necessary that the state, schools, and counties implement comprehensive prevention education and training procedures designed to do all of the following:
(a)Coordinate the efforts of counties, local agencies, and other stakeholders through agreed-upon protocols.
(b)Train county leadership, administrators, and educators to identify children that have been, or may be at risk of being, exploited and how to proceed when potential victims are identified.
(c)Teach Californias school-age population how to avoid becoming victims of exploitation, and help them understand the problem of human exploitation and learn ways to address the problem through service initiatives.
(d)Evaluate how the implementation of prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about the issue.
SEC. 3.Section 51934 of the Education Code is amended to read:51934.(a)Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:
(1)Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
(2)Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.
(3)Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. Instruction This instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.
(4)Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.
(5)Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.
(6)Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.
(7)Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.
(8)Information about local resources, how to access local resources, and pupils legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
(9)Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:
(A)Parenting, adoption, and abortion.
(B)Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.
(C)The importance of prenatal care.
(10)Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex sexual abuse, and human trafficking. Information on human trafficking shall include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
(b)A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (10), inclusive, of subdivision (a).
SEC. 3.SEC. 4.Section 51950 of the Education Code is amended to read:51950.(a)A school district shall may provide abuse, including sexual abuse, and human trafficking prevention education.
(b)For purposes of this section, abuse, including sexual abuse, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.
(c)A parent or guardian of a pupil shall have the right to excuse his or her child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education. education, consistent with Section 51938.
(d)The department may make available on the departments Internet Web site information about the education described in this section, resources on abuse, including sexual abuse, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.
(e)A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.
(f)Continuation As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
SEC. 4.SEC. 5.Section 11165.6 of the Penal Code is amended to read:11165.6.As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, human trafficking as described in subdivision (a) of Section 236.1, and unlawful corporal punishment or injury as defined in Section 11165.4. Child abuse or neglect does not include a mutual affray between minors. Child abuse or neglect does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
SEC. 5.SEC. 6.Section 16524.6 of the Welfare and Institutions Code is amended to read:16524.6.The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial sexual exploitation, and adequately serve children who have been sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to Californias children.
SEC. 6.SEC. 7.Section 16524.7 of the Welfare and Institutions Code is amended to read:16524.7.(a)(1)There is hereby established the Commercially Sexually Exploited Children Program. This program shall be administered by the State Department of Social Services.
(2)The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention education and intervention services, and training related to children who are, or may become, victims of commercial sexual exploitation.
(3)(A)Funds shall be provided to counties that elect to participate in the program for the provision of training to county childrens services workers and educators to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims.
(B)The department shall contract to provide training for county workers, educators, and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county offices of education, county childrens services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellors Office to provide training for foster parents of licensed foster family homes.
(4)Funds provided to the counties electing to participate in the program shall be used for prevention activities, which includes training county workers and educating pupils in schools, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. These activities and services may include, but are not limited to, all of the following:
(A)Educating children to help recognize and help avoid commercial sexual exploitation. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation.
(B)Engaging survivors of commercial sexual exploitation to do all of the following:
(i)Provide support to county staff who serve children who are victims of commercial sexual exploitation.
(ii)Participate in activities that may include education, training, and technical assistance.
(iii)Serve as advocates for and perform outreach and support to children who are victims of commercial sexual exploitation.
(C)Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of commercial sexual exploitation.
(D)Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation to support victims and their caregivers, and to provide case management to support interagency and cross-departmental response.
(E)Providing supplemental foster care rates for placement of child victims of commercial sexual exploitation adjudged to be within the definition of Section 300, to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim in accordance with Section 11460.
(5) A participating county may measure the impact of its training and prevention education by surveying educators, county workers, and children.
(b)Funds allocated for the program shall not supplant funds for existing programs.
(c)(1)In order to ensure timely access to services to which commercially sexually exploited children are entitled as dependents in foster care, in participating counties, county agency representatives from mental health, probation, public health, and substance abuse disorders shall participate in the case planning and assist in linking commercially sexually exploited children to services that serve children who are in the child welfare system and that are identified in the childs case plan and may include other stakeholders as determined by the county.
(2)The entities described in paragraph (1) shall provide input to the child welfare services agency regarding the services and supports needed for these children to support treatment needs and aid in their recovery and may assist in linking these children to services that are consistent with their county plans submitted to the department pursuant to subdivision (d).
(d)(1)A county electing to receive funding from the Commercially Sexually Exploited Children Program pursuant to this chapter shall submit a plan describing how the county intends to utilize the funds allocated pursuant to paragraph (4) of subdivision (a).
(2)(A)The county shall submit a plan to the department pursuant to a process developed by the department, in consultation with the County Welfare Directors Association. The plan shall include documentation indicating the countys collaboration with county partner agencies, educational entities, and children-focused entities, which shall include the formation of a multidisciplinary team to serve children pursuant to this chapter.
(B)A multidisciplinary team serving a child pursuant to this chapter shall include, but is not limited to, appropriate staff from the county child welfare, probation, mental health, substance abuse disorder, and public health departments and local educational agencies. Staff from a local provider of services to this population, local education agencies, and local law enforcement, and survivors of commercial sexual exploitation and trafficking may be included on the team.
SEC. 7.SEC. 8.Section 16524.8 of the Welfare and Institutions Code is amended to read:16524.8.(a)(1)Each county electing to receive funds from the Commercially Sexually Exploited Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving sexually exploited children. The county protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies:
(A)The county probation department.
(B)The county mental health department.
(C)The county public health department.
(D)The juvenile court in the county.
(E)The county office of education.
(F)The county sheriffs department.
(2)The team may include, but shall not be limited to, survivors of sexual exploitation and other providers as necessary.
(b)At a minimum, the interagency protocol shall address the provision of services to children who have been sexually exploited and are within the definition of Section 300, including, but not limited to, the use of a multidisciplinary team approach to provide coordinated case management, service planning, and services to these children.
(c)Counties that developed a protocol prior to the inclusion of county offices of education and county sheriffs departments as required partners pursuant to this section may, but are not required to, revise protocols to reflect input by these entities.
SEC. 8.SEC. 9.Section 16524.9 of the Welfare and Institutions Code is amended to read:16524.9.(a)The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, including children who are referred to the child abuse hotline and children currently served by county child welfare and probation departments who are subsequently identified as victims of commercial sexual exploitation.
(b)The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff.
(c)The department shall implement this section no later than June 1, 2018.
SEC. 9.SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
REVISIONS: HeadingLine 2.This act shall be known, and may be cited, as the Human Trafficking Prevention Education and Training Act.
SEC. 2.The Legislature finds and declares that to reduce the vulnerability of all children in California to incidents of commercial labor or sexual exploitation and to begin to eradicate human trafficking from the state, it is necessary that the state, schools, and counties implement comprehensive prevention education and training procedures designed to do all of the following:
(a)Coordinate the efforts of counties, local agencies, and other stakeholders through agreed-upon protocols.
(b)Train county leadership, administrators, and educators to identify children that have been, or may be at risk of being, exploited and how to proceed when potential victims are identified.
(c)Teach Californias school-age population how to avoid becoming victims of exploitation, and help them understand the problem of human exploitation and learn ways to address the problem through service initiatives.
(d)Evaluate how the implementation of prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about the issue.
SEC. 3.Section 51950 of the Education Code is amended to read:51950.(a)A school district shall provide abuse, including sexual abuse, and human trafficking prevention education.
(b)For purposes of this section, abuse, including sexual abuse, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.
(c)A parent or guardian of a pupil shall have the right to excuse his or her child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education.
(d)The department may make available on the departments Internet Web site information about the education described in this section, resources on abuse, including sexual abuse, and human trafficking prevention for professional learning purposes, and relevant materials for parents and guardians parents, guardians, and other caretakers of pupils.
(e)A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.
(f)Continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
SEC. 4.Section 11165.6 of the Penal Code is amended to read:11165.6.As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, human trafficking as described in subdivision (a) of Section 236.1, and unlawful corporal punishment or injury as defined in Section 11165.4. Child abuse or neglect does not include a mutual affray between minors. Child abuse or neglect does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
SEC. 5.The heading of Chapter 5.2 (commencing with Section 16524.6) of Part 4 of Division 9 of the Welfare and Institutions Code is amended to read:5.2.Commercially Sexually Exploited or Trafficked Children ProgramSEC. 6.SEC. 5.Section 16524.6 of the Welfare and Institutions Code is amended to read:16524.6.The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial labor or sexual exploitation, sexual exploitation, and adequately serve children who have been exploited or trafficked, and begin to eradicate human trafficking from the state, sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided to all of as needed to Californias children.
SEC. 7.SEC. 6.Section 16524.7 of the Welfare and Institutions Code is amended to read:16524.7.(a)(1)There is hereby established the Commercially Sexually Exploited or Trafficked Children Program. This program shall be administered by the State Department of Social Services.
(2)The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention education and intervention services, and training related to children who are, or may become, victims of commercial sexual exploitation or human trafficking. exploitation.
(3)(A)Funds shall be provided to counties that elect to participate in the program for the provision of training to county childrens services workers and educators to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and human trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims.
(B)The department shall contract to provide training for county workers, educators, and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county office offices of education, county childrens services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellors Office to provide training for foster parents of licensed foster family homes.
(4)Funds provided to the counties electing to participate in the program shall be used for prevention activities, which includes training county workers and educating pupils in schools, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation or human trafficking. exploitation. These activities and services may include, but are not limited to, all of the following:
(A)Educating children to help recognize and help avoid commercial sexual exploitation and human trafficking. exploitation. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation or human trafficking. exploitation.
(B)Engaging survivors of commercial sexual exploitation or human trafficking to do all of the following:
(i)Provide support to county staff who serve children who are victims of commercial sexual exploitation or human trafficking. exploitation.
(ii)Participate in activities that may include education, training, and technical assistance.
(iii)Serve as advocates for and perform outreach and support to children who are victims of commercial sexual exploitation or human trafficking. exploitation.
(C)Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, or human trafficking, regarding outreach and support to children who are victims of commercial sexual exploitation or human trafficking. exploitation.
(D)Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation or human trafficking to support victims and their caregivers, and to provide case management to support interagency and cross-departmental response.
(E)Providing supplemental foster care rates for placement of child victims of commercial sexual exploitation or human trafficking adjudged to be a dependent child of the court, as defined in adjudged to be within the definition of Section 300, to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim in accordance with Section 11460.
(5) A participating county shall may measure the impact of its training and prevention education by surveying educators, county workers, and children.
(b)Funds allocated for the program shall not supplant funds for existing programs.
(c)(1)In order to ensure timely access to services to which commercially sexually exploited or trafficked children are entitled as dependents in foster care, in participating counties, county agency representatives from mental health, probation, public health, and substance abuse disorders shall participate in the case planning and assist in linking commercially sexually exploited or trafficked children to services that serve children who are in the child welfare system and that are identified in the childs case plan and may include other stakeholders as determined by the county.
(2)The entities described in paragraph (1) shall provide input to the child welfare services agency regarding the services and supports needed for these children to support treatment needs and aid in their recovery and may assist in linking these children to services that are consistent with their county plans submitted to the department pursuant to subdivision (d).
(d)(1)A county electing to receive funding from the Commercially Sexually Exploited or Trafficked Children Program pursuant to this chapter shall submit a plan describing how the county intends to utilize the funds allocated pursuant to paragraph (4) of subdivision (a).
(2)(A)The county shall submit a plan to the department pursuant to a process developed by the department, in consultation with the County Welfare Directors Association. The plan shall include documentation indicating the countys collaboration with county partner agencies, educational entities, and children-focused entities, which shall include the formation of a multidisciplinary team to serve children pursuant to this chapter.
(B)A multidisciplinary team serving a child pursuant to this chapter shall include, but is not limited to, appropriate staff from the county child welfare, probation, mental health, substance abuse disorder, law enforcement, and public health departments and local educational agencies. Staff from a local provider of services to this population population, local education agencies, and local law enforcement, and survivors of commercial sexual exploitation and human trafficking may be included on the team.
SEC. 8.SEC. 7.Section 16524.8 of the Welfare and Institutions Code is amended to read:16524.8.(a)(1)Each county electing to receive funds from the Commercially Sexually Exploited or Trafficked Children Program pursuant to this chapter shall develop an interagency response protocol to be utilized in serving sexually exploited or labor trafficked children. The county response protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies:
(A)The county probation department.
(B)The county mental health department.
(C)The county public health department.
(D)The juvenile court in the county.
(E)The county office of education.
(F)The county sheriffs department.
(2)The team may include, but shall not be limited to, survivors of sexual exploitation and human trafficking, and other providers as necessary.
(b)At a minimum, the interagency protocol shall address the provision of services to children who have been sexually exploited or trafficked and are dependent children of the court, as defined in and are within the definition of Section 300, including, but not limited to, the use of a multidisciplinary team approach to provide coordinated case management, service planning, and services to these children.
(c)Counties that developed a protocol prior to the inclusion of county offices of education and county sheriffs departments as required partners pursuant to this section may, but are not required to, revise protocols to reflect input by these entities.
SEC. 9.SEC. 8.Section 16524.9 of the Welfare and Institutions Code is amended to read:16524.9.(a)The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited or trafficked, exploited, including children who are referred to the child abuse hotline and children currently served by county child welfare and probation departments who are subsequently identified as victims of commercial sexual exploitation or human trafficking. exploitation.
(b)The department shall collect and publish data regarding the use of county services, including the number of repeat visits per child to, and the duration of stay at, county provided service locations, such as assessment centers and foster homes.(c)The department shall collect and publish data demonstrating to what extent prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about that issue.(d)(b)The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff.
(c)The department shall implement this section no later than June 1, 2018.
SEC. 10.SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
This act shall be known, and may be cited, as the Human Trafficking Prevention Education and Training Act.
SEC. 2.The Legislature finds and declares that to reduce the vulnerability of all children in California to incidents of commercial labor or sexual exploitation and to begin to eradicate human trafficking from the state, it is necessary that counties implement comprehensive prevention education and training procedures designed to do all of the following:
(a)Coordinate the efforts of counties, local agencies, and other stakeholders through agreed-upon protocols.
(b)Train county leadership, administrators, and educators to identify children that have been, or may be at risk of being, exploited and how to proceed when potential victims are identified.
(c)Teach Californias school-age population how to avoid becoming victims of exploitation, and help them understand the problem of human exploitation and learn ways to address the problem through service initiatives.
(d)Evaluate how the implementation of prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about the issue.
SEC. 3.Section 51950 of the Education Code is amended to read:51950.(a)A school district may shall provide abuse, including sexual abuse abuse, and sex human trafficking prevention education.
(b)For purposes of this section, sexual abuse abuse, including sexual abuse, and sex human trafficking prevention education means instruction on the prevalence and nature of sexual abuse abuse, including sexual abuse, and sex human trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident. seek assistance.
(c)A parent or guardian of a pupil has shall have the right to excuse his or her child from all or part of sexual abuse abuse, including sexual abuse, and sex human trafficking prevention education, and assessments related to that education.
(d)The department may make available on the departments Internet Web site information about the education described in this section, resources on sexual abuse abuse, including sexual abuse, and sex human trafficking prevention for professional learning purposes, and relevant materials for parents and guardians of pupils.
(e)A school district is encouraged to collaborate with law enforcement its countys probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for high-risk pupils and other minors.
(f)In-service Continuation training may shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse abuse, including sexual abuse, and sex human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse abuse, and sex human trafficking of pupils and other minors.
SEC. 4.Section 11165.6 of the Penal Code is amended to read:11165.6.As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, human trafficking as described in subdivision (a) of Section 236.1, and unlawful corporal punishment or injury as defined in Section 11165.4. Child abuse or neglect does not include a mutual affray between minors. Child abuse or neglect does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
SEC. 5.The heading of Chapter 5.2 (commencing with Section 16524.6) of Part 4 of Division 9 of the Welfare and Institutions Code is amended to read:5.2.Commercially Sexually Exploited or Trafficked Children ProgramSEC. 6.Section 16524.6 of the Welfare and Institutions Code is amended to read:16524.6.The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial labor or sexual exploitation, adequately serve children who have been sexually exploited, exploited or trafficked, and begin to eradicate human trafficking from the state, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to this population. to all of Californias children.
SEC. 7.Section 16524.7 of the Welfare and Institutions Code is amended to read:16524.7.(a)(1)There is hereby established the Commercially Sexually Exploited or Trafficked Children Program. This program shall be administered by the State Department of Social Services.
(2)The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention education and intervention services, and training related to children who are are, or may become, victims of commercial sexual exploitation. exploitation or human trafficking.
(3)(A)Funds shall be provided to counties that elect to participate in the program for the provision of training to county childrens services workers and educators to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and human trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims.
(B)The department shall contract to provide training for county workers workers, educators, and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county office of education, county childrens services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellors Office to provide training for foster parents of licensed foster family homes.
(4)Funds provided to the counties electing to participate in the program shall be used for prevention activities, activities, which includes training county workers and educating pupils in schools, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. exploitation or human trafficking. These activities and services may include, but are not limited to, all of the following:
(A)Training foster Educating children to help recognize and help avoid commercial sexual exploitation. exploitation and human trafficking. Counties may target training educational activities to foster children who are at higher risk of commercial sexual exploitation. exploitation or human trafficking.
(B)Engaging survivors of commercial sexual exploitation or human trafficking to do all of the following:
(i)Provide support to county staff who serve children who are victims of commercial sexual exploitation. exploitation or human trafficking.
(ii)Participate in activities that may include training education, training, and technical assistance.
(iii)Serve as advocates for and perform outreach and support to children who are victims of commercial sexual exploitation. exploitation or human trafficking.
(C)Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, or human trafficking, regarding outreach and support to children who are victims of commercial sexual exploitation. exploitation or human trafficking.
(D)Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation or human trafficking to support victims and their caregivers, and to provide case management to support interagency and cross-departmental response.
(E)Providing supplemental foster care rates for placement of child victims of commercial sexual exploitation or human trafficking adjudged to be within a dependent child of the definition of court, as defined in Section 300 300, to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim in accordance with Section 11460.
(5) A participating county shall measure the impact of its training and prevention education by surveying educators, county workers, and children.
(b)Funds allocated for the program shall not supplant funds for existing programs.
(c)(1)In order to ensure timely access to services to which commercially sexually exploited or trafficked children are entitled as dependents in foster care, in participating counties, county agency representatives from mental health, probation, public health, and substance abuse disorders shall participate in the case planning and assist in linking commercially sexually exploited or trafficked children to services that serve children who are in the child welfare system and that are identified in the childs case plan and may include other stakeholders as determined by the county.
(2)The entities described in paragraph (1) shall provide input to the child welfare services agency regarding the services and supports needed for these children to support treatment needs and aid in their recovery and may assist in linking these children to services that are consistent with their county plans submitted to the department pursuant to subdivision (d).
(d)(1)A county electing to receive funding from the Commercially Sexually Exploited or Trafficked Children Program pursuant to this chapter shall submit a plan describing how the county intends to utilize the funds allocated pursuant to paragraph (4) of subdivision (a).
(2)(A)The county shall submit a plan to the department pursuant to a process developed by the department, in consultation with the County Welfare Directors Association. The plan shall include documentation indicating the countys collaboration with county partner agencies agencies, educational entities, and children-focused entities, which shall include the formation of a multidisciplinary team to serve children pursuant to this chapter.
A
(B)A multidisciplinary team serving a child pursuant to this chapter shall include, but is not limited to, appropriate staff from the county child welfare, probation, mental health, substance abuse disorder, law enforcement, and public health departments. departments and local educational agencies. Staff from a local provider of services to this population, local education agencies, and local law enforcement, population and survivors of commercial sexual exploitation and human trafficking may be included on the team.
SEC. 8.Section 16524.8 of the Welfare and Institutions Code is amended to read:16524.8.(a)(1)Each county electing to receive funds from the Commercially Sexually Exploited or Trafficked Children Program pursuant to this chapter shall develop an interagency response protocol to be utilized in serving sexually exploited or labor trafficked children. The county response protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies:
(1)(A)The county probation department.
(2)(B)The county mental health department.
(3)(C)The county public health department.
(4)(D)The juvenile court in the county.
(E)The county office of education.
(F)The county sheriffs department.
The(2)The team may include, but shall not be limited to, representatives from local education agencies, local law enforcement, survivors of sexual exploitation and human trafficking, and other providers as necessary.
(b)At a minimum, the interagency protocol shall address the provision of services to children who have been sexually exploited or trafficked and are within dependent children of the definition of court, as defined in Section 300, including, but not limited to, the use of a multidisciplinary team approach to provide coordinated case management, service planning, and services to these children.
SEC. 9.Section 16524.9 of the Welfare and Institutions Code is amended to read:16524.9.(a)The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, exploited or trafficked, including children who are referred to the child abuse hotline and children currently served by county child welfare and probation departments who are subsequently identified as victims of commercial sexual exploitation. exploitation or human trafficking.
(b)The department shall collect and publish data regarding the use of county services, including the number of repeat visits per child to, and the duration of stay at, county provided service locations, such as assessment centers and foster homes.
(c)The department shall collect and publish data demonstrating to what extent prevention education and training affect both the incidence of human trafficking and the levels of knowledge and vigilance about that issue.
(a)
(d)The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff.
(b)The department shall implement this section no later than June 1, 2015.SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Oct 7, 2017 | Chaptered by Secretary of State - Chapter 558, Statutes of 2017. |
| Oct 7, 2017 | Approved by the Governor. |
| Sep 25, 2017 | Enrolled and presented to the Governor at 12 p.m. |
| Sep 14, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 14, 2017 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 14, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 12, 2017 | Ordered to special consent calendar. |
| Sep 11, 2017 | Read second time. Ordered to third reading. |
| Sep 8, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Sep 8, 2017 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2017 | Read second time. Ordered to third reading. |
| Sep 1, 2017 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 13, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 12, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 11). |
| Jun 21, 2017 | From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 6. Noes 0.) (June 21). Re-referred to Com. on HUMAN S. |
| Jun 8, 2017 | Referred to Coms. on ED. and HUMAN S. |
| May 30, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1836.) |
| May 26, 2017 | Coauthors revised. |
| May 17, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 4, 2017 | Re-referred to Com. on APPR. |
| May 3, 2017 | Read second time and amended. |
| May 2, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 26). |
| Apr 19, 2017 | Re-referred to Com. on ED. |
| Apr 18, 2017 | Read second time and amended. |
| Apr 17, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on ED. (Ayes 7. Noes 0.) (April 4). |
| Mar 9, 2017 | Referred to Coms. on HUM. S. and ED. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 14, 2017 | AB 1227 Bonta Special Consent Calendar 1st Day Regular Session | Assembly Floor |
Passed |
|
| Sep 14, 2017 | Special Consent Calendar # AB1227 | Senate Floor |
Passed |
|
| Sep 1, 2017 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| Jun 21, 2017 | Do pass, but first be re-referred to the Committee on [Human Services] | Senate Standing Committee on Education |
Passed |
|
| May 30, 2017 | AB 1227 BONTA Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2017 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
|
| Apr 4, 2017 | Do pass as amended and be re-referred to the Committee on [Education] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 150+ individuals | ** Support | Apr 25, 2017 |
| 17 Individuals | ** Support | Apr 3, 2017 |
| 3strands global foundation | ** Support | Sep 9, 2017 |
| Alameda County Office Of Education | ** Support | Sep 9, 2017 |
| American Academy of Pediatrics | ** Support | Sep 9, 2017 |
| american federation of state county and municipal employees | ** Support | Apr 3, 2017 |
| Association Of California School Administrators | ** Support | Sep 9, 2017 |
| California Catholic Conference | ** Support | Sep 9, 2017 |
| California Department of Social Services | ** Against | Sep 2, 2017 |
| California District Attorneys Association | ** Support | Sep 9, 2017 |
| California Right to Life Committee, Inc. | ** Against | Sep 9, 2017 |
| California School Boards Association | ** Support | Sep 9, 2017 |
| California Teachers Association | ** Support | Sep 9, 2017 |
| Children's Advocacy Institute | ** Support | Apr 25, 2017 |
| Childrens Advocacy Institute | ** Support | Apr 25, 2017 |
| Coalition to Abolish Slavery & Trafficking | ** Support | Sep 9, 2017 |
| Court Appointed Special Advocates of Sacramento County | ** Support | Apr 25, 2017 |
| Frederick Douglas Family Initiatives | ** Support | Sep 9, 2017 |
| freedom house | ** Support | Sep 9, 2017 |
| hadassah southern california | ** Support | Sep 9, 2017 |
| Junior League of San Diego | ** Support | Sep 9, 2017 |
| lawyer's club of san diego | ** Support | Sep 9, 2017 |
| Love Never Fails | ** Support | Sep 9, 2017 |
| lynch foundation | ** Support | Sep 9, 2017 |
| Lynch Foundation for Children | ** Support | Jul 7, 2017 |
| san diego county district attorney, bonnie m. dumanis | ** Support | Sep 9, 2017 |
| saved in america | ** Support | Sep 9, 2017 |
| The Lynch Foundation | ** Support | Apr 25, 2017 |
| the office of the san diego district attorney | ** Support | Jul 7, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1227
Author:(Bonta and Low)
As Amended Ver:September 8, 2017
Majority vote
ASSEMBLY: | 77-0 | (May 30, 2017) | SENATE: | 40-0 | (September 14, 2017) |
Original Committee Reference: HUM. S.
SUMMARY: Establishes the Human Trafficking Prevention Education and Training Act, which allows schools to provide training on human trafficking, and makes changes to the Commercially Sexually Exploited Children Program by, among other things, including educational entities among the groups with whom a county must collaborate, as specified.
Specifically, this bill:
- Makes Legislative findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
- Includes sexual abuse and human trafficking among the topics of instruction to be provided to all school district pupils, as specified, to include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
- Makes the following changes to current statute regarding school district provision of sexual abuse and sex trafficking prevention education:
- Broadens the training to include human trafficking;
- Deletes "how to safely report an incident" from specified components of instruction and adds "how to safely seek assistance;"
- Affords a parent or guardian the right to excuse his or her child from all or part of human trafficking prevention education, as specified by current law;
- Allows the Department of Education to make available on its Internet Web site information about and resources on human trafficking prevention education for professional learning purposes and relevant materials for student parents, guardians, and other caretakers;
- Adds child welfare, county probation, mental health, and public health departments and juvenile court and office of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the stipulation that these programs be for high-risk youth;
- Makes continuation training required, versus permissive, and includes continuation training as part of satisfying requirements in current law that education be provided by instructors trained in the appropriate courses and includes topics related to human trafficking, as specified; and
- Encourages a school district to include training on early identification of human trafficking of pupils and other minors.
- Makes the following changes to current statute regarding the Commercially Sexually Exploited Children Program (CSECP):
- Specifies that, for counties electing to participate in the CSECP program, prevention activities provided to children who are victims or who are at risk of becoming victims of commercial sexual exploitation includes training county workers and educating pupils in schools and consist of educating children to help recognize and avoid human trafficking and allowing counties to target educational activities to children who are at a higher risk of commercial sexual exploitation;
- Includes educational entities among the groups with whom a county must collaborate when submitting a plan to the Department of Social Services (DSS) detailing how counties intend to use funds, as specified;
- Includes local education agencies among the entities included in a multidisciplinary team serving a child who is a victim of human trafficking, as specified;
- Requires the team tasked with creating the interagency response protocol to include county office of education and the county sheriff's department; and
- Allows, but does not require, counties that developed a protocol prior to the inclusion of county offices of education and county sheriff's departments as required partners to revise protocols to reflect input by these entities.
- Requires DSS to provide certain information related to CSEC data, as specified, no later than June 1, 2018.
- Make amendments to avoid chaptering conflicts with AB 643 (Frazier) of the current legislative session.
- Makes technical changes.
The Senate amendments:
- Delete language that includes educators among the groups with whom a county must collaborate when submitting a plan to DSS detailing how counties intend to use funds, as specified.
- Delete language that includes educators and educational entities among the groups to whom DSS must provide training, as specified.
- Delete language that requires counties to utilize funds to provide education to pupils in schools, as specified.
- Add language specifying that funds be used by counties to educate foster children to help recognize and avoid commercial sexual exploitation.
- Delete language that would allow a county participating in the CSECP program to measure the impact of its training and prevention education by surveying educators, county workers, and children.
- Delete language including local educational agencies among the entities required to be represented on CSECP multidisciplinary teams.
- Add language that allows representatives from local education agencies and local law enforcement to be included among the entities on the team tasked with creating interagency protocols, as specified.
- Make amendments to avoid chaptering issues with AB 643 (Frazier).
- Make technical changes.
EXISTING LAW:
- States that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished, as specified. (Penal Code Section (PEN) 236.1(a))
- States that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished, as specified. (PEN 236.1(b))
- States that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses, is guilty of human trafficking and shall be punished as specified. (PEN 236.1(c)(1) and (2))
- Defines "commercial sex act" as "sexual conduct on account of which anything of value is given or received by any person." (PEN 236.1 (h)(2))
- Defines commercially sexually exploited children as a child who is sexually trafficked or receives food or shelter in exchange for the performance of certain sexual acts, as specified. (Welfare and Institutions Code Section (WIC) 300)
- Requires mandated child abuse providers to participate in training programs that include ways to address critical issues, as specified. (WIC 16206)
- Allows a school district to provide abuse, including sexual abuse and sex trafficking prevention education. (Education Code Section (EDC) 51950 (a))
- Defines "sexual abuse and sex trafficking prevention education" as instruction on the prevention and nature of sexual abuse and sex trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely report an incident. (EDC 51950 (b))
- Allows in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. (EDC 51950 (f))
- Establishes the Commercially Sexually Exploited Children Program administered by DSS in order to create a multidisciplinary team approach to case management, service planning, and provision of services to commercially sexually exploited youth. (WIC 16524.7 et seq.)
- Establishes the Child Abuse and Neglect Reporting Act which requires mandated reporters to make reports of suspected child abuse or neglect to any police department or sheriff's department, as specified. (PEN 11165.9)
FISCAL EFFECT: According to the Senate Appropriations Committee on August 21, 2017, this bill may result in the following costs:
- Unknown Proposition 98 General Fund costs, likely to be in the low millions of dollars, to expand the existing HIV/AIDS prevention instruction mandate; and
- Likely minor and absorbable costs to the Department of Education and the Instructional Quality Commission for content development work related to human trafficking.
The Senate Appropriations Committee also notes that DSS does not anticipate any fiscal impact to the CSEC program as a result of this measure.
COMMENTS:
Commercial Sexual Exploitation of Children (CSEC): Commercial sexual exploitation of children is defined as the sexual exploitation of children entirely, or at least primarily, for financial or other economic reasons. Under this definition, the economic exchanges may be either monetary or non-monetary (i.e., for food, shelter, drugs). Sex trafficking of minors is defined as the "recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act" where the person is a United States citizen or lawful permanent resident under the age of 18 years.
Trafficking on school campuses: In January 2015, the U.S. Department of Education released a study entitled "Human Trafficking in America's Schools" which studied the intersection between human trafficking and school campuses. According to the study, due to the abuse associated with child trafficking, victims often face myriad challenges not faced by their peers, including behavioral problems such as aggression and truancy, difficulty learning, and learning disabilities.
Commercially Sexually Exploited Children (CSEC) Program: In 2014, SB 855 (Budget and Fiscal Review Committee), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation. SB 855 also required the state to track various data points and report to the Legislature information no later than April 1, 2017: the number of children who are CSEC, the risk factors associated with commercial sexual exploitation of children, the types of services required by CSEC, and the barriers to serving CSEC victims. Current law requires states to submit data to the federal government with regards to CSEC. The 2014-15 Budget Act appropriated $5 million General Fund for the CSEC program, and in fiscal year 2016-17, the CSEC Program received a total of $14 million from the state General Fund.
Need for this bill: According to the author's office:
"To date, efforts to combat human trafficking have focused largely on after-the-fact services for victims and legislation designed to stiffen penalties for perpetrators. While admirable, neither of these attacks the problem at the root cause where both the human and financial costs can be dramatically reduced or eliminated. The goal of prevention education is to not only identify students who are actively being trafficked, but also reduce the number of students who become victims, buyers, or traffickers.
It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Training teachers and administrators about the signs of human trafficking and their county's response protocol can help provide the tools necessary to identify when a child is at risk of being trafficked and connect them with the services they need.
Prevention education serves a three-fold purpose for students who are vulnerable to human trafficking. First, when delivered on a large scale across multiple communities, it provides a common baseline for students to understand modern day slavery and human trafficking. Second, it helps students recognize human trafficking when they see it. This is a crime that can hide in plain sight-trafficking victims will often continue to go about their daily routines while they are being trafficked. Teaching other students and teachers how to recognize the types of victims creates critical mass of eyes and ears in our school system. Finally, prevention education helps students directly avoid becoming victims of trafficking themselves. The techniques traffickers use are subtle and clever. However, once known, they become obvious and simplistic. When students learn in the classroom about the tactics of traffickers, they become immediately recognizable to anyone who has gone through the program. Prevention education can also help avoid the mental health impacts and chronic absenteeism that result when a student becomes a victim of human trafficking."
PRIOR LEGISLATION:
AB 223 (Eggman) of the current legislative session, requires the Board of State and Community Corrections to establish a pilot project to be made available to Alameda, Sacramento, and San Joaquin counties, in order to create programs to provide services to address the needs of CSEC. This bill was held on the Assembly Appropriations suspense file.
SB 1322 (Mitchell), Chapter 654, Statutes of 2016, decriminalized prostitution for individuals under 18 years of age.
AB 1760 (Santiago) of 2016, contained some provisions similar to this bill and would have adopted a number of requirements for the Health and Human Services Agency, DSS, counties, and other entities, related to the provision of services for child trafficking victims. This bill was held on the Assembly Appropriations suspense file.
SB 794 (Human Services Committee), Chapter 425, Statutes of 2015, implemented provisions of the federal Preventing Sex Trafficking and Strengthening Families Act, including conforming state with federal law in the areas of sex trafficking prevention and data collection, and the state's reasonable and prudent standards, among other things.
SB 855 (Budget and Fiscal Review Committee), Chapter 29, Statutes of 2014, created the CSEC Program within DSS to further address the needs of the CSEC population.
AB 22 (Lieber), Chapter 240, Statutes of 2005, created the California Trafficking Victims Protection Act, which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking. In addition, the Act required law enforcement agencies to provide Law Enforcement Agency Endorsement to trafficking victims, providing trafficking victims with protection from deportation and created the human trafficking task force.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0002309
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1227
Amended: 9/8/17 in Senate
SENATE EDUCATION COMMITTEE: 6-0, 6/21/17
AYES: Allen, Galgiani, Leyva, Mendoza, Pan, Vidak
NO VOTE RECORDED: Wilk
SENATE HUMAN SERVICES COMMITTEE: 7-0, 7/11/17
AYES: Wiener, Berryhill, Glazer, Leyva, McGuire, Nguyen, Portantino
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 77-0, 5/30/17 - See last page for vote
SOURCE: 3Strands Global Foundation
DIGEST:
This bill adds information on human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on sexual harassment, sexual assault, adolescent relationship abuse and intimate partner violence for students in grades 7-12. This bill also expands the scope of the Commercially Sexually Exploited Children (CSEC) Program to include children who may become victims of commercial sexual exploitation.
Senate Floor Amendments of 9/8/17 remove local educational agencies from the multidisciplinary team serving a commercially sexually exploited child, thus reverting the makeup of the multidisciplinary team to existing law, and add double-jointing language to avoid chaptering issues with AB 643 (Frazier).
Existing law:
- States that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished, as specified. (Penal Code § 236.1(a))
- States that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished, as specified. (PC § 236.1(b))
- States that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses, is guilty of human trafficking and shall be punished as specified. (PC § 236.1(c)(1) and (2))
- Defines "commercial sex act" as "sexual conduct on account of which anything of value is given or received by any person." (PC § 236.1 (h)(2))
- Defines commercially sexually exploited children as a child who is sexually trafficked or receives food or shelter in exchange for the performance of certain sexual acts, as specified. (Welfare and Institutions Code § 300)
- Requires mandated child abuse providers to participate in training programs that include ways to address critical issues, as specified. (WIC § 16206)
- Allows a school district to provide abuse, including sexual abuse and sex trafficking prevention education. (Education Code § 51950 (a))
- Defines "sexual abuse and sex trafficking prevention education" as instruction on the prevention and nature of sexual abuse and sex trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely report an incident. (EC § 51950 (b))
- Allows in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. (EC § 51950 (f))
- Requires each school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil is required to receive the instruction at least once in junior high or middle school and at least once in high school, and the instruction is required to include, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC § 51934)
- Establishes the CSEC Program administered by the Department of Social Services (DSS) in order to create a multidisciplinary team approach to case management, service planning, and provision of services to commercially sexually exploited youth. (WIC § 16524.7 et seq.)
This bill adds information on human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on sexual harassment, sexual assault, adolescent relationship abuse and intimate partner violence for students in grades 7-12. This bill also expands the scope of the CSEC Program to include children who may become victims of commercial sexual exploitation. Specifically, this bill:
- Makes Legislative findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
- Includes human trafficking among the comprehensive sexual health education and HIV prevention topics about which information must be provided to certain pupils, as specified. The required information includes information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
- Makes the following changes to current law regarding school district provision of sexual abuse and sex trafficking prevention education:
- Broadens the authorized instruction to include information on human trafficking.
- Deletes "how to safely report an incident" from specified components of instruction and adds "how to safely seek assistance."
- Affords a parent or guardian the right to excuse his or her child from all or part of human trafficking prevention education, as specified by current law.
- Allows the California Department of Education to make available on its Internet Web site information about and resources on human trafficking prevention education for professional learning purposes and relevant materials for student parents, guardians, and other caretakers.
- Adds child welfare, county probation, mental health, public health and sheriff’s departments, and juvenile court and office of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the stipulation that these programs be for high-risk youth.
- Makes continuation training required, versus permissive, and includes continuation training as part of satisfying requirements in current law that education be provided by instructors trained in the appropriate courses and includes topics related to human trafficking, as specified.
- Encourages a school district to include training on early identification of human trafficking of pupils and other minors.
- Makes the following changes to the CSEC Program:
- Amends Legislative findings and declarations to include references to reducing the incidents of commercial sexual exploitation and the need for early identification and prevention education.
- Requires the DSS’ allocation methodology to also allocate CSEC Program funding for prevention education and training related to children who may become victims of sexual exploitation, not just to those are victims of sexual exploitation.
- Specifies that CSEC Program prevention activities include training county workers.
- Specifies that CSEC Program activities and services and may include educating, rather than training, foster children to help recognize and avoid commercial sexual exploitation and allowing counties to target educational activities, rather than training activities, to children who are at a higher risk of commercial sexual exploitation.
- Includes educational entities among the groups with whom a county must collaborate when submitting a plan to the DSS detailing how counties intend to use funds, as specified.
- Requires the team tasked with creating the interagency response protocol to include the county office of education and the sheriff.
- Allows, but does not require, counties that developed a protocol prior to the inclusion of county offices of education and county sheriff's departments as required partners to revise protocols to reflect input from these entities.
- Extends the deadline for DSS, in consultation with the County Welfare Directors Association, to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, and to disseminate any necessary instructions on data entry to the county child welfare and probation department staff, to no later than June 1, 2018.
- Specifies that no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction.
Comments
- Need for the bill. According to the author, “Human trafficking is the world’s fastest growing criminal enterprise and is an estimated $150 billion-a-year global industry. Two million children globally and at least 100,000 in the United States are commercially sexually exploited every year. The average age of sex trafficking victims is between 11 and 14 years old. California also has particularly high human trafficking rates compared to the rest of the nation. It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Providing students with awareness and education can minimize the possibility of trafficking as a result of tactics used by traffickers, such as force, fraud, or coercion. Training teachers and administrators can help provide the tools necessary to identify when a child is at risk of being trafficked.”
- Human trafficking and schools. According to the California Department of Justice, “human trafficking is a modern form of slavery [which]…involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation, or both.” In 2015, the U.S. Department of Education released a report titled “Human Trafficking in America’s Schools” which argued that “everyone who is part of the school community—administrators, teachers, bus drivers, maintenance personnel, food service staff, resource officers, and other school community members—has the potential to be an advocate for child victims of human trafficking.” The report noted that in order to maintain healthy school environments, school personnel should be knowledgeable about the signs and symptoms of trafficking, ways to support disclosure, and the steps to take when there is a suspicion of trafficking. The report noted that many victims experience severe physical, emotional, and psychological trauma, which may manifest as problematic behaviors, such as aggression and truancy. Trafficking is also associated with learning disabilities. The report recommended that, to have an effective anti-trafficking protocol, schools should, at a minimum:
- Develop, adopt, enforce, and implement a policy to address child trafficking.
- Make sure all school personnel are properly trained on the policy.
- Make certain campus security is in place so that all visitors are screened.
- Provide programs and roles for parents and guardians to make them part of their children’s safety and security, both at school and while going to and from school.
- Assess the environmental structure and take every possible step to help make it safe.
- Partner with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking.
- Partner with local law enforcement agencies to protect the routes that students use to travel to and from schools.
- CSEC Program. Child welfare agencies have struggled to build the CSEC program over the past two years in the face of significant demand for services. According to information provided in conjunction with a budget request in 2016, three of the nation’s top 13 high intensity child prostitution areas are in California: San Francisco, Los Angeles and San Diego. However, “victims of commercial sex trafficking are seen all throughout California as children are frequently transported by their perpetrators along major freeways and across state borders,” according to a document provide by the County Welfare Directors Association (CDWA). “As a result, child welfare agencies across the state are struggling to address this epidemic.” Research indicates that the demand for sex with children remains high and that profit to sex traffickers has increased. CWDA identified growing concerns in Sacramento and the Central Valley and central coast including Santa Barbara Ventura, Monterey and San Luis Obispo Counties, as well as northern counties.
Because CSEC victims suffer from “horrific and severe forms of physical, emotional and sexual abuse,” there must be a multi-pronged response that includes prevention, intervention and after care, according to CWDA. With funding from the CSEC Program, counties developed local protocols and responses and have begun the process of training social work staff and community partners. According to DSS, virtually every county has opted into the program that, in addition to training social workers and care providers, helps educate vulnerable children on how to avoid exploitation.
Related/Prior Legislation
AB 329 (Weber, Chapter 398, Statues of 2015) required comprehensive sexual health education in grades 7-12, and modified components of sexual health and HIV/AIDS prevention education.
SB 1165 (Mitchell, Chapter 713, Statutes of 2014) required the Instructional Quality commission to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, “unknown Proposition 98 General Fund costs, likely to be in the low millions of dollars, to expand the existing HIV/AIDS prevention instruction mandate, likely minor and absorbable costs to the CDE and the Instructional Quality Commission (IQC) for content development work related to human trafficking, and DSS does not anticipate any fiscal impact to the CSEC Program as a result of this measure.”
3Strands Global Foundation (source)
American Academy of Pediatrics
Alameda County Office of Education
Association of California School Administrators
California Catholic Conference
California District Attorneys Association
California School Boards Association
California Teachers Association
Coalition to Abolish Slavery & Trafficking
Frederick Douglas Family Initiatives
Freedom House
Hadassah Southern California
Junior League of San Diego
Lawyer’s Club of San Diego
Love Never Fails
Lynch Foundation
San Diego County District Attorney, Bonnie M. Dumanis
Saved in America
State Public Affairs Committee of the Junior Leagues of California
California Right to Life Committee, Inc.
ASSEMBLY FLOOR: 77-0, 5/30/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Chau, Choi, Eggman
9/9/17 15:15:08
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1227
:
SENATE EDUCATION COMMITTEE: 6-0, 6/21/17
AYES: Allen, Galgiani, Leyva, Mendoza, Pan, Vidak
NO VOTE RECORDED: Wilk
SENATE HUMAN SERVICES COMMITTEE: 7-0, 7/11/17
AYES: Wiener, Berryhill, Glazer, Leyva, McGuire, Nguyen, Portantino
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 77-0, 5/30/17 - See last page for vote
SOURCE: 3Strands Global Foundation
DIGEST:
This bill adds information on human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on sexual harassment, sexual assault, adolescent relationship abuse and intimate partner violence for students in grades 7-12. This bill also expands the scope of the Commercially Sexually Exploited Children (CSEC) Program to include children who may become victims of commercial sexual exploitation.
Existing law:
- States that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished, as specified. (Penal Code § 236.1(a))
- States that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished, as specified. (PC § 236.1(b))
- States that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses, is guilty of human trafficking and shall be punished as specified. (PC § 236.1(c)(1) and (2))
- Defines "commercial sex act" as "sexual conduct on account of which anything of value is given or received by any person." (PC § 236.1 (h)(2))
- Defines commercially sexually exploited children as a child who is sexually trafficked or receives food or shelter in exchange for the performance of certain sexual acts, as specified. (Welfare and Institutions Code § 300)
- Requires mandated child abuse providers to participate in training programs that include ways to address critical issues, as specified. (WIC § 16206)
- Allows a school district to provide abuse, including sexual abuse and sex trafficking prevention education. (Education Code § 51950 (a))
- Defines "sexual abuse and sex trafficking prevention education" as instruction on the prevention and nature of sexual abuse and sex trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely report an incident. (EC § 51950 (b))
- Allows in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. (EC § 51950 (f))
- Requires each school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil is required to receive the instruction at least once in junior high or middle school and at least once in high school, and the instruction is required to include, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC § 51934)
- Establishes the CSEC Program administered by the Department of Social Services (DSS) in order to create a multidisciplinary team approach to case management, service planning, and provision of services to commercially sexually exploited youth. (WIC § 16524.7 et seq.)
This bill adds information on human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on sexual harassment, sexual assault, adolescent relationship abuse and intimate partner violence for students in grades 7-12. This bill also expands the scope of the CSEC Program to include children who may become victims of commercial sexual exploitation. Specifically, this bill:
- Makes Legislative findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
- Includes human trafficking among the comprehensive sexual health education and HIV prevention topics about which information must be provided to certain pupils, as specified. The required information includes information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
- Makes the following changes to current law regarding school district provision of sexual abuse and sex trafficking prevention education:
- Broadens the authorized instruction to include information on human trafficking.
- Deletes "how to safely report an incident" from specified components of instruction and adds "how to safely seek assistance."
- Affords a parent or guardian the right to excuse his or her child from all or part of human trafficking prevention education, as specified by current law.
- Allows the California Department of Education to make available on its Internet Web site information about and resources on human trafficking prevention education for professional learning purposes and relevant materials for student parents, guardians, and other caretakers.
- Adds child welfare, county probation, mental health, public health and sheriff’s departments, and juvenile court and office of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the stipulation that these programs be for high-risk youth.
- Makes continuation training required, versus permissive, and includes continuation training as part of satisfying requirements in current law that education be provided by instructors trained in the appropriate courses and includes topics related to human trafficking, as specified.
- Encourages a school district to include training on early identification of human trafficking of pupils and other minors.
- Makes the following changes to the CSEC Program:
- Amends Legislative findings and declarations to include references to reducing the incidents of commercial sexual exploitation and the need for early identification and prevention education.
- Requires the DSS’ allocation methodology to also allocate CSEC Program funding for prevention education and training related to children who may become victims of sexual exploitation, not just to those are victims of sexual exploitation.
- Specifies that CSEC Program prevention activities include training county workers.
- Specifies that CSEC Program activities and services and may include educating, rather than training, foster children to help recognize and avoid commercial sexual exploitation and allowing counties to target educational activities, rather than training activities, to children who are at a higher risk of commercial sexual exploitation.
- Includes educational entities among the groups with whom a county must collaborate when submitting a plan to the DSS detailing how counties intend to use funds, as specified.
- Requires local educational agencies to be among the entities serving on a multidisciplinary team created under the provisions of current law, as specified.
- Requires the team tasked with creating the interagency response protocol to include the county office of education and the sheriff.
- Allows, but does not require, counties that developed a protocol prior to the inclusion of county offices of education and county sheriff's departments as required partners to revise protocols to reflect input from these entities.
- Extends the deadline for DSS, in consultation with the County Welfare Directors Association, to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, and to disseminate any necessary instructions on data entry to the county child welfare and probation department staff, to no later than June 1, 2018.
- Specifies that no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction.
Comments
- Need for the bill. According to the author, “Human trafficking is the world’s fastest growing criminal enterprise and is an estimated $150 billion-a-year global industry. Two million children globally and at least 100,000 in the United States are commercially sexually exploited every year. The average age of sex trafficking victims is between 11 and 14 years old. California also has particularly high human trafficking rates compared to the rest of the nation. It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Providing students with awareness and education can minimize the possibility of trafficking as a result of tactics used by traffickers, such as force, fraud, or coercion. Training teachers and administrators can help provide the tools necessary to identify when a child is at risk of being trafficked.”
- Human trafficking and schools. According to the California Department of Justice, “human trafficking is a modern form of slavery [which]…involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation, or both.” In 2015, the U.S. Department of Education released a report titled “Human Trafficking in America’s Schools” which argued that “everyone who is part of the school community—administrators, teachers, bus drivers, maintenance personnel, food service staff, resource officers, and other school community members—has the potential to be an advocate for child victims of human trafficking.” The report noted that in order to maintain healthy school environments, school personnel should be knowledgeable about the signs and symptoms of trafficking, ways to support disclosure, and the steps to take when there is a suspicion of trafficking. The report noted that many victims experience severe physical, emotional, and psychological trauma, which may manifest as problematic behaviors, such as aggression and truancy. Trafficking is also associated with learning disabilities. The report recommended that, to have an effective anti-trafficking protocol, schools should, at a minimum:
- Develop, adopt, enforce, and implement a policy to address child trafficking.
- Make sure all school personnel are properly trained on the policy.
- Make certain campus security is in place so that all visitors are screened.
- Provide programs and roles for parents and guardians to make them part of their children’s safety and security, both at school and while going to and from school.
- Assess the environmental structure and take every possible step to help make it safe.
- Partner with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking.
- Partner with local law enforcement agencies to protect the routes that students use to travel to and from schools.
- CSEC Program. Child welfare agencies have struggled to build the CSEC program over the past two years in the face of significant demand for services. According to information provided in conjunction with a budget request in 2016, three of the nation’s top 13 high intensity child prostitution areas are in California: San Francisco, Los Angeles and San Diego. However, “victims of commercial sex trafficking are seen all throughout California as children are frequently transported by their perpetrators along major freeways and across state borders,” according to a document provide by the County Welfare Directors Association (CDWA). “As a result, child welfare agencies across the state are struggling to address this epidemic.” Research indicates that the demand for sex with children remains high and that profit to sex traffickers has increased. CWDA identified growing concerns in Sacramento and the Central Valley and central coast including Santa Barbara Ventura, Monterey and San Luis Obispo Counties, as well as northern counties.
- Because CSEC victims suffer from “horrific and severe forms of physical, emotional and sexual abuse,” there must be a multi-pronged response that includes prevention, intervention and after care, according to CWDA. With funding from the CSEC Program, counties developed local protocols and responses and have begun the process of training social work staff and community partners. According to DSS, virtually every county has opted into the program that, in addition to training social workers and care providers, helps educate vulnerable children on how to avoid exploitation.
Related/Prior Legislation
AB 329 (Weber, Chapter 398, Statues of 2015) required comprehensive sexual health education in grades 7-12, and modified components of sexual health and HIV/AIDS prevention education.
SB 1165 (Mitchell, Chapter 713, Statutes of 2014) required the Instructional Quality commission to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, “unknown Proposition 98 General Fund costs, likely to be in the low millions of dollars, to expand the existing HIV/AIDS prevention instruction mandate, likely minor and absorbable costs to the CDE and the Instructional Quality Commission (IQC) for content development work related to human trafficking, and DSS does not anticipate any fiscal impact to the CSEC Program as a result of this measure.”
3Strands Global Foundation (source)
American Academy of Pediatrics
Alameda County Office of Education
Association of California School Administrators
California Catholic Conference
California District Attorneys Association
California School Boards Association
California Teachers Association
Coalition to Abolish Slavery & Trafficking
Frederick Douglas Family Initiatives
Freedom House
Hadassah Southern California
Junior League of San Diego
Lawyer’s Club of San Diego
Love Never Fails
Lynch Foundation
San Diego County District Attorney, Bonnie M. Dumanis
Saved in America
State Public Affairs Committee of the Junior Leagues of California
OPPOSITION: (Verified 8/31/17)
California Department of Social Services
California Right to Life Committee, Inc.
ASSEMBLY FLOOR: 77-0, 5/30/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Chau, Choi, Eggman
9/2/17 13:37:37
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1227 (Bonta) - Human Trafficking Prevention Education and Training Act
Version: July 13, 2017 | Policy Vote: ED. 6 - 0, HUMAN S. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 21, 2017 | Consultant: Lenin Del Castillo |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill adds information on human trafficking to the required comprehensive sexual health education and HIV prevention education instruction on sexual harassment, sexual assault, adolescent relationship abuse and intimate partner violence for students in grades 7-12. This bill also expands the scope of the Commercially Sexually Exploited Children (CSEC) Program to include human trafficking.
Fiscal Impact:
- Unknown Proposition 98 General Fund costs, likely to be in the low millions of dollars, to expand the existing HIV/AIDS prevention instruction mandate.
- Likely minor and absorbable costs to the California Department of Education (CDE) and the Instructional Quality Commission (IQC) for content development work related to human trafficking.
- The Department of Social Services (DSS) does not anticipate any fiscal impact to the CSEC program as a result of this measure.
Background:
Existing law states that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished, as specified. It also states that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished, as specified. Further, existing law provides that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses, is guilty of human trafficking and shall be punished as specified.
Existing law allows a school district to provide abuse, including sexual abuse and sex trafficking prevention education. It defines "sexual abuse and sex trafficking prevention education" as instruction on the prevention and nature of sexual abuse and sex trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely report an incident.
Existing law requires each school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil is required to receive the instruction at least once in junior high or middle school and at least once in high school, and the instruction is required to include, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.
Existing law establishes the CSEC Program administered by the DSS in order to create a multidisciplinary team approach to case management, service planning, and provision of services to commercially sexually exploited youth.
Proposed Law:
This bill includes human trafficking among the comprehensive sexual health education and HIV prevention topics about which information must be provided to certain pupils, as specified. The required information includes information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
This bill also modifies existing statute regarding the provision of sexual abuse and sex trafficking prevention education in schools to include human trafficking, and makes conforming changes.
This bill adds child welfare, county probation, mental health, public health and sheriff’s departments, and juvenile court and office of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the stipulation that these programs be for high-risk youth.
Further, this bill provides that continuation training is required (its currently permissive) and includes the training as part of satisfying requirements in current law that education be provided by instructors trained in the appropriate courses and includes topics related to human trafficking, as specified.
This bill makes the following changes to current statute regarding the CSEC Program:
- Amends legislative intent to include references to human trafficking and the need for early identification and prevention education.
- Specifies that, for counties electing to participate in the CSEC Program, prevention activities provided to children who are victims or who are at risk of becoming victims of commercial sexual exploitation includes training county workers and educating pupils in schools and consist of educating children to help recognize and avoid human trafficking and allowing counties to target educational activities to children who are at a higher risk of commercial sexual exploitation.
- Includes educational entities among the groups with whom a county must collaborate when submitting a plan to the DSS detailing how counties intend to use funds, as specified.
- Requires, versus makes permissive, that law enforcement agencies and local educational agencies be among the entities serving on a multidisciplinary team created under the provisions of current law, as specified.
- Requires the team tasked with creating the interagency response protocol to include the county office of education and the county sheriff's department. Provides that the team may include representatives from local education agencies and local law enforcement.
- Allows, but does not require, counties that developed a protocol prior to the inclusion of county offices of education and county sheriff's departments as required partners to revise protocols to reflect input from these entities.
This bill makes legislative findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
Related Legislation:
AB 329 (Weber, Chapter 398, Statues of 2015) required schools to provide comprehensive sexual health education in grades 7-12, and modifies the currently required components of sexual health education and HIV/AIDS prevention education.
SB 1435 (Jackson, Chapter 633, Statutes of 2016) required when the health curriculum framework is next revised after January 1, 2017, the Instructional Quality Commission to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.
SB 1165 (Mitchell, Chapter 713, Statutes of 2014), requires the Instructional Quality commission to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.
Staff Comments:
This bill expands the existing HIV prevention education mandate (known as AIDS Instruction and AIDS Prevention Instruction) by including information on human trafficking in its provisions. Consistent with the previous determinations by the Commission on State Mandates regarding the AIDS instruction mandate, it is likely that the requirements in this bill will be determined to be a higher level of service and therefore a reimbursable state mandate. According to data from the State Controller’s Office, program costs attributed to this mandate have been around $1.5 million. Because this bill expands the existing mandate, the costs would likely increase.
In 2002, the Commission found that Chapter 403, Statutes of 1998 imposes new activities on school districts by adding instructional content to the AIDS prevention instruction and altering the parent/guardian notification requirements. This created the second AIDS mandate. Similarly, this bill increases the content of HIV prevention instruction by introducing new required topics into the curriculum.
School districts may already incorporate the bill’s provisions as part of its comprehensive sexual health education within the required HIV prevention instruction. However, if deemed a mandate, this bill would allow even those school districts currently in compliance to claim reimbursement from the state. To the extent school districts are not already in compliance, they would have to update their programs.
-- END --
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: AB 1227
Author: | Bonta | ||
Version: | May 3, 2017 | Hearing Date: | July 11, 2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Mareva Brown | ||
Subject: Human Trafficking Prevention Education and Training Act
SUMMARY
This bill broadens existing school requirements for children’s sexual health education and for school district personnel training to include information about human trafficking, rather than sex trafficking, thus including labor trafficking. It similarly expands the requirements for mandated reporters of child abuse to include reporting of suspected human trafficking. The bill additionally requires that the Commercially Sexually Exploited Children (CSEC) program, overseen and funded through the California Department of Social Services (CDSS) include the education of students and training of teachers, as specified.
ABSTRACT
Existing law:
- Establishes that a person who deprives the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking, and specifies criminal punishment for conviction. (PEN 236.1 (a))
- Also defines the criminal act of human trafficking to include causing, inducing, or persuading, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, as defined and with specified criminal punishment in state prison. (PEN 236.1 (c))
- Establishes the Child Abuse and Neglect Reporting Act, and defines 46 categories of jobs or civic duties that require a person to be mandated to report suspect child abuse, including teachers, film developers and others. Requires that reports of suspected abuse or neglect be made to police or sheriff’s departments, as specified. (PEN 11164, et seq.)
- Defines “commercial sexual exploitation” to mean either sexual trafficking of a child or the provision of food, shelter or payment to a child in exchange for the performance of any sexual act, as defined. (PEN 11165.1 (d))
- Defines “child abuse or neglect” in criminal law to include physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse, neglect, the willful harming or injuring of a child or the endangering of a person or health of a child, as defined, and other crimes, as specified. (WIC 11165.6)
- 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.)
- Defines a commercially sexually exploited child to be a child who is sexually trafficked, as defined, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts, as described, and whose parent or guardian failed to, or was unable to, protect the child, and defines the child to be within the definition of a dependent child, and subject to the jurisdiction of the juvenile court. (WIC 300 (b)(2))
- Makes Legislative findings that in order to adequately serve children who have been sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to this population. (WIC 16524.6)
- Establishes the Commercially Sexually Exploited Children (CSEC) Program, administered by CDSS, and requires funding be provided to participating counties to train county children’s services workers to identify, intervene and provide case management services to children who are victims of CSEC and to foster caregivers for the prevention and identification of potential victims. Requires that funds allocated for the program shall not supplant funds for existing programs. (WIC 16524.7)
- Further requires that the CSEC program provide funding to counties that elect to participate in the program for prevention and intervention activities, and for services to children who are victims, at risk of becoming victims, including:
- Training foster children to help recognize and help avoid commercial sexual exploitation. Counties may target training activities to foster children who are at higher risk of sexual exploitation.
- Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of commercial sexual exploitation.
- Hiring county staff trained and specialized to work with children who are victims of CSEC to support victims and their caregivers and to provide case management to support interagency and cross-departmental response.
- Providing supplemental foster care rates for placement of victims of CSEC adjudged to be within the jurisdiction of the child welfare system to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim, as specified. (WIC 16524.7 (a)(4))
- Requires each county electing to receive funds from the CSEC program to develop an interagency protocol to be used in serving sexually exploited children which is developed by a team led by the county human services agency and with representative from the county probation, mental health and public health departments and the juvenile court. Permits the county CSEC team also to include representative of local education agencies, local law enforcement, survivors of sexual exploitation and trafficking, and other providers. (WIC 16524.8)
- Requires each public school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education to include specified topics. Requires each pupil to receive this instruction at least once in junior high or middle school and at least once in high school. (EDC 51934)
- Defines “sexual abuse and sex trafficking prevention education” to mean pupil instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce risk, and other related information, and permits a school district to provide sexual abuse and sex trafficking prevention education. (EDC 51950)
- Permits the California Department of Education (CDE) to make available on its Internet Web site resources on sexual abuse and trafficking prevention for professional learning purposes and relevant materials for parents and guardians of pupils, and permits a district to conduct in-service training periodically to enable school district personnel to receive instruction on current prevention efforts and methods. (EDC 51950 (d) and f))
This bill:
- Entitles this bill The Human Trafficking Prevention Education and Training Act and makes a series of Legislative findings and declarations, including that to reduce the vulnerability of all children in California to incidents of commercial labor or sexual exploitation and to begin to eradicate human trafficking from the state, it is necessary that the state, schools and counties implement comprehensive prevention and training procedures, as specified.
- Adds to required sexual health education for pupils in grades 7 to 12 the provision of information about sexual abuse and human trafficking to include information on the prevalence, nature and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries and how to safely seek assistance.
- Broadens the authorization for a school district to provide sexual abuse and sex trafficking prevention education to also include human trafficking prevention education, and makes related changes to statute.
- Expands the identified entities that a school district is encouraged to collaborate with in providing prevention from solely law enforcement to a collaboration with its county’s child welfare, probation, mental health, public health and sheriff’s departments, juvenile court and office of education, and expands the target of intervention programs from high risk pupils to all pupils and other minors.
- Requires continuing education training be provided periodically to enable school district personnel to satisfy training requirements about sexual abuse and human trafficking and encourages school districts to conduct training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
- Expands the definition of “child abuse or neglect,” in criminal statute to include human trafficking, as defined to include labor trafficking.
- Alters the Legislative findings about the purpose of the CSEC program within CDSS from a focus on providing services and creating a multidisciplinary team to serve children who have been sexually exploited to instead focus on reducing the vulnerability of all children in California communities to incidents of commercial sexual exploitation and a focus including early identification and prevention education.
- Expands the focus of the CSEC program, and related funding protocols, from a child-welfare focused program targeting the needs of children who have been identified as victims of commercial sex trafficking to one that substantially focuses on education training.
- Permits a county participating in a CSEC program to measure the impact of its training and prevention education by surveying educators, county workers, and children.
- Requires a county’s child welfare agency’s plan in application for CSEC funding to include documentation indicating the county’s collaboration with educational agencies, in addition to county partner agencies and children-focused entities, as specified.
- Expands the CSEC interagency protocol requirements for child welfare agencies seeking funding under the CSEC program to require two formerly optional members: the county office of education and county sheriff’s department, and permits counties that developed a protocol prior to the inclusion of the county offices of education and county sheriff’s departments as required partners to revise protocols to reflect input by these entities.
- Extends the deadline by which the state must collect data on children who are CSEC from June 1, 2105 to June 1, 2018.
FISCAL IMPACT
An analysis by the Assembly Appropriations Committee identified unknown costs, likely minor, to CDSS to incorporate prevention education into the mission of the CSEC program and to include educators in the training requirements. These costs would be covered under the existing CSEC Program which received a total of $14 million (GF) in the 2016-17 Budget Act. The analysis also identified the following costs:
- One-time costs of approximately $20,000 (GF) to CDSS to develop training curriculum for educators.
- One-time costs of approximately $5 million (GF) to school districts to initially provide the required training to 110,000 school staff, including teachers, counselors, and administrators, as well as 1.9 million students in grades 5, 7, 9, and 11 statewide. This includes the necessary research and administration. Ongoing costs will be approximately $3 million.
This bill adds human trafficking to the existing sexual health education framework. Existing law requires counties to use funds from the existing CSEC Program for prevention activities. The activities in this bill could be an eligible use for existing CSEC funds for the 38 counties that have opted into the CSEC Program. For all counties, these costs are a potentially reimbursable mandate, should the Commission on State Mandates make that determination based on a submitted claim.
- Minor costs to counties to add members to their multidisciplinary teams.
- Potential savings over a multi-year period to the extent that successful prevention results in a decrease in associated costs. Reliable data indicate that a 20 percent prevention success rate could result in a $51 million annual economic savings in California. This conservatively assumes that 0.45 percent of students are trafficked at a lifetime cost of $83,125 per victim.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, efforts to combat human trafficking focus largely on “after-the-fact services for victims and Legislation designed to stiffen penalties for perpetrators. While admirable, neither of these attacks the problem at the root cause where both the human and financial costs can be dramatically reduced or eliminated.” This bill’s focus on prevention education serves three purposes, according to the author. First, when delivered on a large scale across multiple communities, it provides a common baseline for students to understand modern day slavery and human trafficking, the author states. Second, it helps students recognize human trafficking, and finally, it helps students directly avoid becoming victims of trafficking themselves by teaching them the techniques that traffickers use to recruit victims.
Background
The commercial sexual exploitation of children is a $32 billion global industry, according to a brief by the California Child Welfare Council’s CSEC work group. The FBI estimates 100,000 children are trafficked for sex in the United States annually. On average, early adolescence between ages 11 and 14 is the most common time for children to fall victim to commercial sexual exploitation. Due to extreme levels of abuse and negative impacts on health, the average life expectancy for a child who remains in exploitative circumstances is 7 years.
According the CSEC work group, while CSEC was previously believed to be an international problem, current statistics show that human trafficking is increasingly a domestic issue. California’s nine human trafficking task forces identified 1,277 victims in a recent two-year period, seventy-two percent of whom were from the United States. The vast majority of those children have experience with the child welfare system, either as foster youth or as the subject of reports of abuse or neglect.
Experts say foster children without strong role models or family ties may be especially vulnerable to being lured into CSEC activity by pimps who initially pose as a boyfriend, showering attention and gifts upon would-be victims. Experts describe a common pattern of luring the girl away from her home, foster home or group home, and then forcing her into commercial sex once she is isolated, reinforcing the isolation with threats and physical violence.
State Response
In 2013, the state’s Child Welfare Council released a report, “Ending the Commercial Sexual Exploitation of Children: A Call for Multi-System Collaboration in California.” The 100-page report cited statistics that between 50 and 80 percent of commercial sexual exploitation victims are or were formerly involved with the child welfare system.[1] National studies project similar child-welfare history of CSEC youth, and federal and state policies have focused identification and treatment on this population.
In 2014, President Obama signed the “Preventing Sex Trafficking and Strengthening Families Act” (Public Law 113-183), which enacted new requirements upon states in order to continue receiving federal funding for child welfare services. The new requirements included demonstrating that policies and procedures were developed in each state to identify, document and determine appropriate services for a dependent child or nonminor who is a victim or is at risk of becoming a victim of CSEC, or has run away from home or is otherwise at risk. The US Administration for Children and Families required that state agencies demonstrate implementation of the CSEC policies by September 2016.
In 2014, the budget provided an initial $5 million and $14 million General Fund ongoing to enable county child welfare agencies to provide services to child victims of commercial sexual exploitation. This effort, and the growing awareness of the population of underage victims of commercial sex trafficking, prompted a statewide task force to consider best practices and local efforts to create appropriate services.
One question to be resolved was whether to define a “trafficked” youth for the purposes of child welfare intervention as one who was sexually exploited, or one who was forced into labor – or both. For various reasons, including a lack of data of the numbers and backgrounds of labor-trafficked children, state policy makers chose to focus resources on sex-trafficked children. Another dilemma was how to focus resources in a system that treated victims as either criminals – by arresting girls for prostitution – or abuse victims to be treated in the child welfare system, depending on which agency made first contact with the child. In many cases, the children fit into both categories. Ultimately, the state, counties and Legislature decided that victims of CSEC are appropriately served in the child welfare system with specialized treatment, and not behind bars. Counties have begun recently creating specialized therapeutic homes and other treatment types for victims of CSEC, using the $19 million in CSEC funding allocated for this purpose.
CSEC Program
Child welfare agencies have struggled to build the CSEC program over the past two years in the face of significant demand for services. According to information provided in conjunction with a budget request in 2016, three of the nation’s top 13 high intensity child prostitution areas are in California: San Francisco, Los Angeles and San Diego. However, “victims of commercial sex trafficking are seen all throughout California as children are frequently transported by their perpetrators along major freeways and across state borders,” according to a document provide by the County Welfare Directors Association. “As a result, child welfare agencies across the state are struggling to address this epidemic.” Research indicates that the demand for sex with children remains high and that profit to sex traffickers has increased. CWDA identified growing concerns in Sacramento and the Central Valley and central coast including Santa Barbara Ventura, Monterey and San Luis Obispo Counties, as well as northern counties.
Because CSEC victims suffer from “horrific and severe forms of physical, emotional and sexual abuse,” there must be a multi-pronged response that includes prevention, intervention and after care, according to CWDA. With funding from the CSEC Program, counties developed local protocols and responses and have begun the process of training social work staff and community partners. According to CDSS, virtually every county has opted into the program that, in addition to training social workers and care providers, helps educate vulnerable children and youth how to avoid exploitation.
Human trafficking
According to the US State Department, human trafficking in 2016 was a $150 billion illicit industry of modern slavery.[2] Human trafficking is the exploitation of someone for the purposes of compelled labor or a commercial sex act through the use of force, fraud, or coercion. Human trafficking is viewed as a pressing international human rights, including in age, gender, ethnicity, and socio-economic backgrounds.
The federal Trafficking Victims Protection Act of 2000 (TVPA) defines “severe forms of trafficking in persons” as either “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age,” or “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”
In California, the national Human Trafficking Hotline identified 1,323 victims in 2016, of which 1,045 were sexually trafficked. Types of labor trafficking identified by the hotline included domestic work, traveling sales crews, food service, agriculture and peddling rings.[3] Data on the age, background and circumstances leading to labor trafficked youth has not been as extensively studied, nor has the link between labor trafficking and the child welfare system.
Related legislation:
SB 1322 (Mitchell, Chapter 654, Statutes of 2016) decriminalizes the act of prostitution, and related solicitation and loitering crimes, for a child under age 18, and states that a commercially exploited child may be made a dependent of the juvenile court.
AB 329 (Weber, Chapter 398, Statues of 2015) required schools to provide comprehensive sexual health education in grades 7-12.
SB 794 (Committee on Human Services, Chapter 425, Statutes of 2015) brought California into compliance with the federal Preventing Sex Trafficking and Strengthening Families Act, including requiring a case plan for a foster child or nonminor dependent who is, or is at risk of becoming the victim of CSEC to document the services provided to address that issue.
SB 1165 (Mitchell, Chapter 713, Statutes of 2014) requires the Instructional Quality commission to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.
SB 855 (Senate Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014) created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation.
COMMENTS
According to the US Department of Justice’s Office of Juvenile Justice and Delinquency Prevention, “the sexual abuse and exploitation of children rob the victims of their childhood, irrevocably interfering with their emotional and psychological development. Ensuring that all children come of age without being impacted by sexual trauma or exploitation is more than a criminal justice issue, it is a societal issue. Despite current efforts, the threat of child sexual exploitation remains very real, and can occur in the home, on the street, over the Internet, in the U.S., or overseas.”
There is little dispute that it would be beneficial to train teachers about CSEC warning signs and students about how to recognize and avoid inappropriate recruiting or grooming activities. However, this bill rewrites state law to include teacher and student education in the CSEC program under Social Services. For example, language of the bill under the CSEC program, changes a permissible service from “training foster children to help recognize and avoid commercial sexual exploitation,” to “educating children to help recognize and avoid commercial sexual exploitation.”
The County Welfare Directors of California, CDSS and others expressed concern that expanding permissible funding uses of the CSEC Program could halt or slow efforts that have been made to identify and support foster youth who are victims of commercial sexual exploitation. They also expressed concerns about spending the limited CSEC victim funding to provide training programs that could be funded as education activities.
After conversations among the author, the state and the counties, staff recommends the following amendments, which maintain the recognition that education is an important component of addressing CSEC prevention, but preserve the intent and direction of the existing CSEC Program:
- Strike Section 5 of the bill, commencing with page 7, line 4.
- Amend Section 6 as follows:
WIC 16524.6.
The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial sexual exploitation, and adequately serve children who have been sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to this population. California’s children.
- Amend Section 7, as follows:
WIC 16524.7. (a) (1) There is hereby established the Commercially Sexually Exploited Children Program. This program shall be administered by the State Department of Social Services.
(2) The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention education and intervention services, and training related to children who are, or may become, victims of commercial sexual exploitation.
(3) (A) Funds shall be provided to counties that elect to participate in the program for the provision of training to county children’s services workers and educators to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims.
(B) The department shall contract to provide training for county workers, educators, and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county offices of education, county children’s services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellor’s Office to provide training for foster parents of licensed foster family homes.
(4) Funds provided to the counties electing to participate in the program shall be used for prevention activities, which includes training county workers and educating pupils in schools, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. These activities and services may include, but are not limited to, all of the following:
(A) Educating foster children to help recognize and help avoid commercial sexual exploitation. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation.
…
(5) A participating county may measure the impact of its training and prevention education by surveying educators, county workers, and children.
- Amend Section 8, as follows:
WIC 16524.8. (a) (1) Each county electing to receive funds from the Commercially Sexually Exploited Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving sexually exploited children. The county protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies:
(A) The county probation department.
(B) The county mental health department.
(C) The county public health department.
(D) The juvenile court in the county.
(E) The county office of education.
(F) The county sheriff’s department.
(2) The team may include, but shall not be limited to, representatives from local education agencies, local law enforcement, survivors of sexual exploitation and other providers as necessary.
PRIOR VOTES
Senate Education Committee 5 - 0
Assembly Floor: | 77 - 0 |
Assembly Appropriations Committee: | 17 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
3Strands Global Foundation (Sponsor)
AFSCME
Alameda County Office of Education
Association of California School Administrators
California Catholic Conference
California School Boards Association
Coalition to Abolish Slavery & Trafficking
Frederick Douglas Family Initiatives
Freedom House
Hadassah Southern California
Junior League of San Diego
Lawyers Club of San Diego
Love Never Fails
Lynch Foundation for Children
Saved in America
The American Academy of Pediatrics
The California Catholic Conference
The California District Attorneys Association
The California Teachers Association
The Office of the San Diego District Attorney
The State Public Affairs Committee (SPAC) of the Junior Leagues of California
Oppose:
California Department of Social Services
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 21, 2017
Author: | Bonta | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
NOTE: This bill has been double referred to the Committee on Education and the Committee on Human Services. A "do pass" motion should include referral to the Committee on Human Services.
SUMMARY
This bill establishes the Human Trafficking Prevention Education and Training Act, which requires schools to provide training on human trafficking, includes human trafficking in the definition of "child abuse and neglect," and expands the scope of the Commercially Sexually Exploited Children Program to include human trafficking.
BACKGROUND
Existing law:
- States that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished, as specified. (Penal Code Section (PEN) 236.1(a))
- States that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished, as specified. (PEN 236.1(b))
- States that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses, is guilty of human trafficking and shall be punished as specified. (PEN 236.1(c)(1) and (2))
- Defines "commercial sex act" as "sexual conduct on account of which anything of value is given or received by any person." (PEN 236.1 (h)(2))
- Defines commercially sexually exploited children as a child who is sexually trafficked or receives food or shelter in exchange for the performance of certain sexual acts, as specified. (Welfare and Institutions Code Section (WIC) 300)
- Requires mandated child abuse providers to participate in training programs that include ways to address critical issues, as specified. (WIC 16206)
- Allows a school district to provide abuse, including sexual abuse and sex trafficking prevention education. (Education Code Section 51950 (a))
- Defines "sexual abuse and sex trafficking prevention education" as instruction on the prevention and nature of sexual abuse and sex trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely report an incident. (EC 51950 (b))
- Allows in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. (EC 51950 (f))
- Requires each school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil is required to receive the instruction at least once in junior high or middle school and at least once in high school, and the instruction is required to include, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. (EC 51934)
- Establishes the Commercially Sexually Exploited Children Program administered by the Department of Social Services in order to create a multidisciplinary team approach to case management, service planning, and provision of services to commercially sexually exploited youth. (WIC 16524.7 et seq.)
- Establishes the Child Abuse and Neglect Reporting Act which requires mandated reporters to make reports of suspected child abuse or neglect to any police department or sheriff's department, as specified. (PEN 11165.9)
ANALYSIS
This bill stablishes the Human Trafficking Prevention Education and Training Act, which requires schools to provide training on human trafficking, includes human trafficking in the definition if "child abuse and neglect," and expands the scope of the Commercially Sexually Exploited Children Program to include human trafficking. Specifically, this bill:
- Makes Legislative findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
- Includes human trafficking among the comprehensive sexual health education and HIV prevention topics about which information must be provided to certain pupils, as specified. The required information includes information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
- Makes the following changes to current statute regarding school district provision of sexual abuse and sex trafficking prevention education:
- Broadens the training to include human trafficking.
- Deletes "how to safely report an incident" from specified components of instruction and adds "how to safely seek assistance."
- Affords a parent or guardian the right to excuse his or her child from all or part of human trafficking prevention education, as specified by current law.
- Allows the California Department of Education to make available on its Internet Web site information about and resources on human trafficking prevention education for professional learning purposes and relevant materials for student parents, guardians, and other caretakers.
- Adds child welfare, county probation, mental health, public health and sheriff’s departments, and juvenile court and office of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the stipulation that these programs be for high-risk youth.
- Makes continuation training required, versus permissive, and includes continuation training as part of satisfying requirements in current law that education be provided by instructors trained in the appropriate courses and includes topics related to human trafficking, as specified.
- Encourages a school district to include training on early identification of human trafficking of pupils and other minors.
- Includes "human trafficking" as defined in existing law to the definition of the term "child abuse or neglect."
- Makes the following changes to current statute regarding the Commercially Sexually Exploited Children (CSEC) Program:
- Amends Legislative intent to include references to human trafficking and the need for early identification and prevention education.
- Requires the Department of Social Services (DSS) to allocate Commercially Sexually Exploited Children Program funding for prevention education and training related to children who are or may become victims of sexual exploitation.
- Includes educators among those individuals for whom funded counties must provide training for the purposes of identifying, intervening, and providing case management services to children who are victims of commercial sexual exploitation and trafficking.
- Includes educators among those individuals for whom DSS must provide training, and requires the training to be selected and contracted for in consultation with the county office of education, among others.
- Specifies that, for counties electing to participate in the CSEC program, prevention activities provided to children who are victims or who are at risk of becoming victims of commercial sexual exploitation includes training county workers and educating pupils in schools and consist of educating children to help recognize and avoid human trafficking and allowing counties to target educational activities to children who are at a higher risk of commercial sexual exploitation.
- Allows a participating county to measure the impact of its training and prevention education by surveying educators, county workers, and children.
- Includes educational entities among the groups with whom a county must collaborate when submitting a plan to the Department of Social Services (DSS) detailing how counties intend to use funds, as specified.
- Requires, versus makes permissive, that law enforcement agencies and local educational agencies be among the entities serving on a multidisciplinary team created under the provisions of current law, as specified;
- Requires the team tasked with creating the interagency response protocol to include county office of education and the county sheriff's department.
- Allows, but does not require, counties that developed a protocol prior to the inclusion of county offices of education and county sheriff's departments as required partners to revise protocols to reflect input from these entities.
- Requires DSS to provide certain information, as specified, no later than June 1, 2018.
STAFF COMMENTS
- Need for the bill. According to the author, “Human trafficking is the world’s fastest growing criminal enterprise and is an estimated $150 billion-a-year global industry. Two million children globally and at least 100,000 in the United States are commercially sexually exploited every year. The average age of sex trafficking victims is between 11 and 14 years old. California also has particularly high human trafficking rates compared to the rest of the nation. It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Providing students with awareness and education can minimize the possibility of trafficking as a result of tactics used by traffickers, such as force, fraud, or coercion. Training teachers and administrators can help provide the tools necessary to identify when a child is at risk of being trafficked.”
- Human trafficking and schools. According to the California Department of Justice, “human trafficking is a modern form of slavery [which]…involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation, or both.” In 2015, the U.S. Department of Education released a report titled “Human Trafficking in America’s Schools” which argued that “everyone who is part of the school community—administrators, teachers, bus drivers, maintenance personnel, food service staff, resource officers, and other school community members—has the potential to be an advocate for child victims of human trafficking.” The report noted that in order to maintain healthy school environments, school personnel should be knowledgeable about the signs and symptoms of trafficking, ways to support disclosure, and the steps to take when there is a suspicion of trafficking. The report noted that many victims experience severe physical, emotional, and psychological trauma, which may manifest as problematic behaviors, such as aggression and truancy. Trafficking is also associated with learning disabilities.
The report recommended that, to have an effective anti-trafficking protocol, schools should, at a minimum:
a) Develop, adopt, enforce, and implement a policy to address child trafficking.
b) Make sure all school personnel are properly trained on the policy.
c) Make certain campus security is in place so that all visitors are screened.
d) Provide programs and roles for parents and guardians to make them part of their children’s safety and security, both at school and while going to and from school.
e) Assess the environmental structure and take every possible step to help make it safe.
f) Partner with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking.
g) Partner with local law enforcement agencies to protect the routes that students use to travel to and from schools.
3) Commercially Sexually Exploited Children (CSEC) Program: In 2014, SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation. SB 855 also required the state to track various data points and report to the Legislature information no later than April 1, 2017: the number of children who are CSEC, the risk factors associated with commercial sexual exploitation of children, the types of services required by CSEC, and the barriers to serving CSEC victims. Current law requires states to submit data to the federal government with regards to CSEC. The 2014-15 Budget Act appropriated $5 million General Fund for the CSEC program, and in the fiscal year 2016-17, the CSEC Program received a total of $14 million from the state General Fund. There does not appear to be a specific line item appropriation for the CSEC program in the 2017-18 Budget Act.
4) Fiscal impact. The County Welfare Directors Association of California has raised concerns about expanding the purpose of the CSEC program to include the education of students in school generally about human trafficking as well as the provision of training for the educator, and the ability to accomplish that with the resources currently provided to the Commercially Sexually Exploited Children (CSEC) program. However, the Assembly Appropriations Committee indicates costs are likely minor to the Department of Social Services to incorporate prevention education into the mission of the CSEC Program and to include educators in the training requirements. These costs would be covered under the existing CSEC Program funding. Moreover, the Assembly Appropriations indicates one-time costs of approximately $5 million in general funds to school districts to initially provide the required training to 110,000 school staff, including teachers, counselors, and administrators, as well as 1.9 million students in grades 5, 7, 9, and 11 statewide.
There appears some ambiguity about where the majority of the cost and responsibility of training school staff and educating pupils on human trafficking will be born. If the bill moves forward, the author may wish to further clarify the responsibilities of the CSEC program as it relates to training of school staff and education of pupils in school.
5) Previous legislation. AB 329 (Weber, Chapter 398, Statues of 2015) required schools to provide comprehensive sexual health education in grades 7-12, and modifies the currently required components of sexual health education and HIV/AIDS prevention education.
SB 1435 (Jackson, Chapter 633, Statutes of 2016) required when the health curriculum framework is next revised after January 1, 2017, the Instructional Quality Commission to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.
SB 1165 (Mitchell, Chapter 713, Statutes of 2014), requires the Instructional Quality commission to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.
SB 855 (Senate Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014), created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation.
SUPPORT
American Academy of Pediatrics
Alameda County Office of Education
Association of California School Administrators
California Catholic Conference
California District Attorneys Association
California School Boards Association
California Teachers Association
Coalition to Abolish Slavery & Trafficking
Frederick Douglas Family Initiatives
Freedom House
Hadassah Southern California
Junior League of San Diego
Lawyer’s Club of San Diego
Love Never Fails
Lynch Foundation
San Diego County District Attorney, Bonnie M. Dumanis
Saved in America
State Public Affairs Committee of the Junior Leagues of California
OPPOSITION
California Right to Life Committee, Inc.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1227
Author:(Bonta and Low)
As Amended Ver:May 3, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 7-0 | Rubio, Choi, Arambula, Gonzalez Fletcher, Maienschein, Mark Stone, Thurmond | |
Education | 7-0 | O'Donnell, Flora, Gloria, Kiley, McCarty, Thurmond, Weber | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Quirk, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Obernolte, Reyes |
|
SUMMARY: Establishes the Human Trafficking Prevention Education and Training Act, which requires schools to provide training on human trafficking, includes human trafficking in the definition if "child abuse and neglect," and expands the scope of the Commercially Sexually Exploited Children Program to include human trafficking. Specifically, this bill:
- Makes Legislative findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
- Includes human trafficking among the topics about which information must be provided to certain pupils, as specified, to include information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.
- Makes the following changes to current statute regarding school district provision of sexual abuse and sex trafficking prevention education:
- Broadens the training to include human trafficking;
- Deletes "how to safely report an incident" from specified components of instruction and adds "how to safely seek assistance;"
- Affords a parent or guardian the right to excuse his or her child from all or part of human trafficking prevention education, as specified by current law;
- Allows the Department of Education to make available on its Internet Web site information about and resources on human trafficking prevention education for professional learning purposes and relevant materials for student parents, guardians, and other caretakers;
- Adds child welfare, county probation, mental health, and public health departments and juvenile court and office of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the stipulation that these programs be for high-risk youth;
- Makes continuation training required, versus permissive, and includes continuation training as part of satisfying requirements in current law that education be provided by instructors trained in the appropriate courses and includes topics related to human trafficking, as specified; and
- Encourages a school district to include training on early identification of human trafficking of pupils and other minors.
- Includes "human trafficking" as defined in existing law to the definition of the term "child abuse or neglect."
- Makes the following changes to current statute regarding the Commercially Sexually Exploited Children Program (CSECP):
- Amends Legislative intent to include references to human trafficking and the need for early identification and prevention education;
- Requires DSS to allocate Commercially Sexually Exploited Children Program funding for prevention education and training related to children who are or may become victims of sexual exploitation;
- Includes educators among those individuals for whom funded counties must provide training for the purposes of identifying, intervening, and providing case management services to children who are victims of commercial sexual exploitation and trafficking;
- Includes educators among those individuals for whom DSS must provide training, and requires the training to be selected and contracted for in consultation with the county office of education, among others;
- Specifies that, for counties electing to participate in the CSETCP program, prevention activities provided to children who are victims or who are at risk of becoming victims of commercial sexual exploitation includes training county workers and educating pupils in schools and consist of educating children to help recognize and avoid human trafficking and allowing counties to target educational activities to children who are at a higher risk of commercial sexual exploitation;
- Allows a participating county to measure the impact of its training and prevention education by surveying educators, county workers, and children;
- Includes educational entities among the groups with whom a county must collaborate when submitting a plan to the Department of Social Services (DSS) detailing how counties intend to use funds, as specified;
- Requires, versus makes permissive, that law enforcement agencies and local educational agencies be among the entities serving on a multidisciplinary team created under the provisions of current law, as specified; and
- Requires the team tasked with creating the interagency response protocol to include county office of education and the county sheriff's department.
- Allows, but does not require, counties that developed a protocol prior to the inclusion of county offices of education and county sheriff's departments as required partners to revise protocols to reflect input by these entities.
- Requires DSS to provide certain information, as specified, no later than June 1, 2018.
- Makes technical changes.
EXISTING LAW:
- States that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished, as specified. (Penal Code Section (PEN) 236.1(a))
- States that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished, as specified. (PEN 236.1(b))
- States that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses, is guilty of human trafficking and shall be punished as specified. (PEN 236.1(c)(1) and (2))
- Defines "commercial sex act" as "sexual conduct on account of which anything of value is given or received by any person." (PEN 236.1 (h)(2))
- Defines commercially sexually exploited children as a child who is sexually trafficked or receives food or shelter in exchange for the performance of certain sexual acts, as specified. (Welfare and Institutions Code Section (WIC) 300)
- Requires mandated child abuse providers to participate in training programs that include ways to address critical issues, as specified. (WIC 16206)
- Allows a school district to provide abuse, including sexual abuse and sex trafficking prevention education. (Education Code Section (EDC) 51950 (a))
- Defines "sexual abuse and sex trafficking prevention education" as instruction on the prevention and nature of sexual abuse and sex trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely report an incident. (EDC 51950 (b))
- Allows in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. (EDC 51950 (f))
- Establishes the Commercially Sexually Exploited Children Program administered by DSS in order to create a multidisciplinary team approach to case management, service planning, and provision of services to commercially sexually exploited youth. (WIC 16524.7 et seq.)
- Establishes the Child Abuse and Neglect Reporting Act which requires mandated reporters to make reports of suspected child abuse or neglect to any police department or sheriff's department, as specified. (PEN 11165.9)
FISCAL EFFECT: According to the Assembly Appropriations Committee on May 17, 2017, this bill may result in the following costs:
- Unknown costs, likely minor, to DSS to incorporate prevention education into the mission of the Commercially Sexually Exploited Children Program and to include educators in the training requirements. These costs would be covered under the existing CSEC Program which received a total of $14 million (General Fund) in the 2016-17 Budget Act;
- Onetime costs of approximately $20,000 (General Fund) to DSS to develop training curriculum for educators;
- Onetime costs of approximately $5 million (General Fund) to school districts to initially provide the required training to 110,000 school staff, including teachers, counselors, and administrators, as well as 1.9 million students in grades 5, 7, 9, and 11 statewide. This includes the necessary research and administration. Ongoing costs will be approximately $3 million.
This bill adds human trafficking to the existing sexual health education framework. Existing law requires counties to use funds from the existing CSEC Program for prevention activities. The activities in this bill could be an eligible use for existing CSEC funds for the 38 counties that have opted into the CSEC Program. For all counties, these costs are a potentially reimbursable mandate, should the Commission on State Mandates make that determination based on a submitted claim;
- Minor costs to counties to add members to their multidisciplinary teams; and
- Potential savings over a multi-year period to the extent that successful prevention results in a decrease in associated costs. Reliable data indicate that a 20% prevention success rate could result in a $51 million annual economic savings in California. This conservatively assumes that 0.45% of students are trafficked at a lifetime cost of $83,125 per victim.
COMMENTS:
Commercial Sexual Exploitation of Children (CSEC): Commercial sexual exploitation of children is defined as the sexual exploitation of children entirely, or at least primarily, for financial or other economic reasons. Under this definition, the economic exchanges may be either monetary or non-monetary (i.e., for food, shelter, drugs). Sex trafficking of minors is defined as the "recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act" where the person is a United States citizen or lawful permanent resident under the age of 18 years.
Trafficking on school campuses: In January 2015, the U.S. Department of Education released a study entitled "Human Trafficking in America's Schools" which studied the intersection between human trafficking and school campuses. According to the study, due to the abuse associated with child trafficking, victims often face myriad challenges not faced by their peers, including behavioral problems such as aggression and truancy, difficulty learning, and learning disabilities.
Commercially Sexually Exploited Children (CSEC) Program: In 2014, SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation. SB 855 also required the state to track various data points and report to the Legislature information no later than April 1, 2017: the number of children who are CSEC, the risk factors associated with commercial sexual exploitation of children, the types of services required by CSEC, and the barriers to serving CSEC victims. Current law requires states to submit data to the federal government with regards to CSEC. The 2014-15 Budget Act appropriated $5 million General Fund for the CSEC program, and in fiscal year 2016-17, the CSEC Program received a total of $14 million from the state General Fund.
Need for this bill: According to the author's office:
"To date, efforts to combat human trafficking have focused largely on after-the-fact services for victims and legislation designed to stiffen penalties for perpetrators. While admirable, neither of these attacks the problem at the root cause where both the human and financial costs can be dramatically reduced or eliminated. The goal of prevention education is to not only identify students who are actively being trafficked, but also reduce the number of students who become victims, buyers, or traffickers.
It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Training teachers and administrators about the signs of human trafficking and their county's response protocol can help provide the tools necessary to identify when a child is at risk of being trafficked and connect them with the services they need.
Prevention education serves a three-fold purpose for students who are vulnerable to human trafficking. First, when delivered on a large scale across multiple communities, it provides a common baseline for students to understand modern day slavery and human trafficking. Second, it helps students recognize human trafficking when they see it. This is a crime that can hide in plain sight-trafficking victims will often continue to go about their daily routines while they are being trafficked. Teaching other students and teachers how to recognize the types of victims creates critical mass of eyes and ears in our school system. Finally, prevention education helps students directly avoid becoming victims of trafficking themselves. The techniques traffickers use are subtle and clever. However, once known, they become obvious and simplistic. When students learn in the classroom about the tactics of traffickers, they become immediately recognizable to anyone who has gone through the program. Prevention education can also help avoid the mental health impacts and chronic absenteeism that result when a student becomes a victim of human trafficking."
PRIOR LEGISLATION:
AB 223 (Eggman), of the current legislative session, requires the Board of State and Community Corrections to establish a pilot project to be made available to Alameda, Sacramento, and San Joaquin counties, in order to create programs to provide services to address the needs of CSEC. This bill was held on the Assembly Appropriations suspense file.
SB 1322 (Mitchell), Chapter 654, Statutes of 2016, decriminalized prostitution for individuals under 18 years of age.
AB 1760 (Santiago), of 2016, contained some provisions similar to this bill and would have adopted a number of requirements for the Health and Human Services Agency, DSS, counties, and other entities, related to the provision of services for child trafficking victims. This bill was held on the Assembly Appropriations suspense file.
SB 794 (Senate Human Services Committee), Chapter 425, Statutes of 2015, implemented provisions of the federal Preventing Sex Trafficking and Strengthening Families Act, including conforming state with federal law in the areas of sex trafficking prevention and data collection, and the state's reasonable and prudent standards, among other things.
SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program within DSS to further address the needs of the CSEC population.
AB 22 (Lieber), Chapter 240, Statutes of 2005, created the California Trafficking Victims Protection Act, which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking. In addition, the Act required law enforcement agencies to provide Law Enforcement Agency Endorsement to trafficking victims, providing trafficking victims with protection from deportation and created the human trafficking task force.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0000797
Date of Hearing: May 17, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1227
Author:(Bonta) – As Amended Ver:May 3, 2017
Policy Committee: | Human Services | Vote: | 7 - 0 |
Education | 7 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill establishes the Human Trafficking Prevention Education and Training Act, which requires schools to provide training on human trafficking, includes human trafficking in the definition of “child abuse and neglect,” and expands the scope of the Commercially Sexually Exploited Children (CSEC) Program to include human trafficking. Specifically, this bill:
- Requires school districts to include human trafficking prevention education in grades 7-12 (at least once in middle school and once in high school) as part of comprehensive sexual health education.
- Requires continuation training about human trafficking to be conducted periodically for school district personnel.
- Includes human trafficking in the definition of “child abuse or neglect.”
- Authorizes prevention education of all children to be included in the activities and services provided by the CSEC Program.
- Requires a county participating in the CSEC program to additionally include representatives from the county office of education and the county sheriff's department on its multidisciplinary team.
- Authorizes a county participating in the CSEC program to measure the impact of its training and prevention education.
FISCAL EFFECT:
- Unknown costs, likely minor, to DSS to incorporate prevention education into the mission of the Commercially Sexually Exploited Children Program and to include educators in the training requirements. These costs would be covered under the existing CSEC Program which received a total of $14 million (GF) in the 2016-17 Budget Act.
- Onetime costs of approximately $20,000 (GF) to DSS to develop training curriculum for educators.
- Onetime costs of approximately $5 million (GF) to school districts to initially provide the required training to 110,000 school staff, including teachers, counselors, and administrators, as well as 1.9 million students in grades 5, 7, 9, and 11 statewide. This includes the necessary research and administration. Ongoing costs will be approximately $3 million.
This bill adds human trafficking to the existing sexual health education framework. Existing law requires counties to use funds from the existing CSEC Program for prevention activities. The activities in this bill could be an eligible use for existing CSEC funds for the 38 counties that have opted into the CSEC Program. For all counties, these costs are a potentially reimbursable mandate, should the Commission on State Mandates make that determination based on a submitted claim.
- Minor costs to counties to add members to their multidisciplinary teams.
- Potential savings over a multi-year period to the extent that successful prevention results in a decrease in associated costs. Reliable data indicate that a 20% prevention success rate could result in a $51 million annual economic savings in California. This conservatively assumes that 0.45% of students are trafficked at a lifetime cost of $83,125 per victim.
COMMENTS:
- Purpose. According to the author’s office:
“To date, efforts to combat human trafficking have focused largely on after-the-fact services for victims and legislation designed to stiffen penalties for perpetrators. While admirable, neither of these attacks the problem at the root cause where both the human and financial costs can be dramatically reduced or eliminated. The goal of prevention education is to not only identify students who are actively being trafficked, but also reduce the number of students who become victims, buyers, or traffickers.
“It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Training teachers and administrators about the signs of human trafficking and their county’s response protocol can help provide the tools necessary to identify when a child is at risk of being trafficked and connect them with the services they need.
“Prevention education serves a three-fold purpose for students who are vulnerable to human trafficking. First, when delivered on a large scale across multiple communities, it provides a common baseline for students to understand modern day slavery and human trafficking. Second, it helps students recognize human trafficking when they see it. This is a crime that can hide in plain sight—trafficking victims will often continue to go about their daily routines while they are being trafficked. Teaching other students and teachers how to recognize the types of victims creates critical mass of eyes and ears in our school system. Finally, prevention education helps students directly avoid becoming victims of trafficking themselves. The techniques traffickers use are subtle and clever. However, once known, they become obvious and simplistic. When students learn in the classroom about the tactics of traffickers, they become immediately recognizable to anyone who has gone through the program. Prevention education can also help avoid the mental health impacts and chronic absenteeism that result when a student becomes a victim of human trafficking.”
- Background. Human trafficking is the world's fastest growing criminal enterprise and is an estimated $150 billion-a-year global industry. Two million children globally and at least 100,000 in the United States are commercially sexually exploited every year. The average age of sex trafficking victims is between 11 to 14 years old. California also has particularly high human trafficking rates compared to the rest of the nation.
In 2014, SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation. SB 855 also required the state to track various data points and report to the Legislature information no later than April 1, 2017: the number of children who are CSEC, the risk factors associated with commercial sexual exploitation of children, the types of services required by CSEC, and the barriers to serving CSEC victims. Current law requires states to submit data to the federal government with regards to CSEC. The 2014-15 Budget Act appropriated $5 million General Fund for the CSEC program, and in fiscal year 2016-17, the CSEC Program received a total of $14 million from the state General Fund. To date, 32 counties have opted into the CSEC program.
Instances of trafficking on school campuses were recently highlighted in San Diego County where in 2015, the University of San Diego and Point Loma Nazarene University released the results of a three-year study in which they found that between 8,830 and 11,773 victims, mainly girls, were trafficked in San Diego County each year. In the 20 San Diego high schools that participated in the study, all confirmed that recruitment of their students was happening. Of those schools, 18 them reported documented cases of sex trafficking victimization, and about 140 staff members from those schools identified 81 reported victims along with an additional 54 suspected victims over five years, according to a February 2017 San Diego Union-Tribune article. San Diego area schools are now working to train educators and students on how to recognize the signs that students are involved in trafficking, according to the Union-Tribune article.
- Prior Legislation. SB 1435 (Jackson) Chapter 633, Statutes of 2016 requires, when the health curriculum framework is next revised after January 1, 2017, the Instructional Quality Commission (IQC) to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.
AB 329 (Weber), Chapter 398, Statues of 2015, requires schools to provide comprehensive sexual health education in grades 7-12, and modifies the currently required components of sexual health education and HIV/AIDS prevention education.
SB 1165 (Mitchell), Chapter 713, Statutes of 2014, requires the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 1227 (
Author:Bonta and Low) – As Amended Ver:April 18, 2017
[This bill was double referred to the Assembly Committee on Human Services, and was heard with regard to issues in that Committee’s jurisdiction]
SUBJECT: Human Trafficking Prevention Education and Training Act
SUMMARY: Requires school districts to provide instruction on human trafficking, includes human trafficking in the definition if “child abuse and neglect,” and makes changes to the Commercially Sexually Exploited Children Program. Specifically, this bill:
- Makes findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
- Makes the following changes to current statute regarding school district provision of sexual abuse and sex trafficking prevention education:
- Mandates training which is currently authorized.
- Broadens the training from sex trafficking to human trafficking
- Deletes “how to safely report an incident” from specified components of instruction and adds “how to safely seek assistance;”
- Requires that a parent or guardian have the right to excuse his or her child from all or part of human trafficking prevention education
- Adds abuse and human trafficking to the information the California Department of Education (CDE) is authorized to make available on its website.
- Adds county probation, mental health, public health, and sheriff’s departments, juvenile courts, and county offices of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the requirement that these programs serve high-risk youth.
- Changes “in-service” to “continuation training,” mandates it, and requires it to include specified content related to human trafficking.
- Encourages a school district to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
- Includes “human trafficking” as defined in existing law to the definition of the term “child abuse or neglect.”
- Makes the following changes to the Commercially Sexually Exploited Children Program, operated by the Department of Social Services (DSS):
- States that the program is intended to address children who may become (in addition to those who already are) victims of commercial sexual exploitation.
- Adds educators to those who are to provide training under the program and those who are trained through the program.
- Requires that training be conducted in consultation with county offices of education.
- Authorizes prevention activities provided under the program to include:
- educating children (not only foster children) to recognize and help avoid commercial sexual exploitation, and states that counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation.
- engaging survivors of commercial sexual exploitation to participate in activities that may include education and technical assistance.
- Authorizes a participating county to measure the impact of its training and prevention education by surveying educators, county workers, and children.
- Requires that a participating county include documentation on collaboration with educational entities in a required plan.
- Requires that local educational agencies be included in multidisciplinary teams serving children through the program.
- Requires that county offices of education and county sheriff’s departments be included in the team responsible for the development of interagency protocols.
- States that counties that developed a protocol prior to the inclusion of county offices of education and county sheriff’s departments as required partners may, but are not required to, revise protocols to reflect input by these entities.
- Changes the date, from June 1, 2015 to June 1, 2018, by which the DSS must ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified.
EXISTING LAW:
- States that a school district may provide sexual abuse and sex trafficking prevention education.
- Defines, for purposes of the section, “sexual abuse and sex trafficking prevention education” to mean instruction on the prevalence and nature of sexual abuse and sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident.
- States that a parent or guardian of a pupil has the right to excuse his or her child from all or part of sexual abuse and sex trafficking prevention education, and assessments related to that education.
- Authorizes the California Department of Education (CDE) to make available on its website resources on sexual abuse and sex trafficking prevention for professional learning purposes, and relevant materials for parents and guardians of pupils.
- Encourages school districts to collaborate with law enforcement on intervention programs for high-risk pupils and minors.
- Authorizes in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods.
Encourages school districts to include training on early identification of sexual abuse and sex trafficking of pupils and minors. (EC 51950)
FISCAL EFFECT: Unknown
COMMENTS:
Need for this bill: According to the author’s office: “To date, efforts to combat human trafficking have focused largely on after-the-fact services for victims and legislation designed to stiffen penalties for perpetrators. While admirable, neither of these attacks the problem at the root cause where both the human and financial costs can be dramatically reduced or eliminated. The goal of prevention education is to not only identify students who are actively being trafficked, but also reduce the number of students who become victims, buyers, or traffickers.
It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Training teachers and administrators about the signs of human trafficking and their county’s response protocol can help provide the tools necessary to identify when a child is at risk of being trafficked and connect them with the services they need.
Prevention education serves a three-fold purpose for students who are vulnerable to human trafficking. First, when delivered on a large scale across multiple communities, it provides a common baseline for students to understand modern day slavery and human trafficking. Second, it helps students recognize human trafficking when they see it. This is a crime that can hide in plain sight—trafficking victims will often continue to go about their daily routines while they are being trafficked. Teaching other students and teachers how to recognize the types of victims creates critical mass of eyes and ears in our school system. Finally, prevention education helps students directly avoid becoming victims of trafficking themselves. The techniques traffickers use are subtle and clever. However, once known, they become obvious and simplistic. When students learn in the classroom about the tactics of traffickers, they become immediately recognizable to anyone who has gone through the program. Prevention education can also help avoid the mental health impacts and chronic absenteeism that result when a student becomes a victim of human trafficking.”
Human trafficking and schools. According to the California Department of Justice, “human trafficking is a modern form of slavery [which]…involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation, or both.”
In 2015, the U.S. Department of Education released a report titled “Human Trafficking in America’s Schools” which argued that “everyone who is part of the school community—administrators, teachers, bus drivers, maintenance personnel, food service staff, resource officers, and other school community members—has the potential to be an advocate for child victims of human trafficking.” The report noted that in order to maintain healthy school environments, school personnel should be knowledgeable about the signs and symptoms of trafficking, ways to support disclosure, and the steps to take when there is a suspicion of trafficking.
The report noted that many victims experience severe physical, emotional, and psychological trauma, which may manifest as problematic behaviors, such as aggression and truancy. Trafficking is also associated with learning disabilities.
The report recommended that, to have an effective anti-trafficking protocol, schools should, at a minimum:
- develop, adopt, enforce, and implement a policy to address child trafficking
- make sure all school personnel are properly trained on the policy
- make certain campus security is in place so that all visitors are screened
- provide programs and roles for parents and guardians to make them part of their children’s safety and security, both at school and while going to and from school
- assess the environmental structure and take every possible step to help make it safe
- partner with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking
- partner with local law enforcement agencies to protect the routes that students use to travel to and from schools
Sex trafficking research in San Diego high schools. A study conducted through University of San Diego and Point Loma Nazarene University of gang-related sex trafficking was released in 2015. This research was the first to use schools as a source of data for sex trafficking research. The study included focus groups at 20 area high schools and found that between 8,830 and 11,773 victims, mainly girls, were trafficked in San Diego County each year.
All of the 20 San Diego high schools confirmed that recruitment of their students for sex trafficking was occurring. School personnel reported a total of 69 distinctly named gangs, of which 31 were seen as involved in sex trafficking. In total, the high school staff in 20 high schools across the county identified 417 reported victims along with an additional 60 suspected victims in the past 5 years (averaging approximately 95 victims at least suspected per year).
The study’s authors recommended that San Diego County increase resources for the training of school personnel in identifiers and protocols, as well as awareness training for students from middle and high schools.
Role of educators increased in the Commercially Sexually Exploited Children (CSEC) Program. According to the Assembly Human Services Committee, in 2014, SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provides funds for prevention and intervention services related to children who are victims of commercial sexual exploitation. SB 855 also required the state to track various data points and report to the Legislature information no later than April 1, 2017, including the number of children who are CSEC, the risk factors associated with commercial sexual exploitation of children, the types of services required by CSEC, and the barriers to serving CSEC victims. Current law requires states to submit data to the federal government with regard to the CSEC. The 2014-15 Budget Act appropriated $5 million General Fund for the CSEC program, and in fiscal year 2016-17, the CSEC Program received a total of $14 million in state funding.
This bill increases the role of educators in the program. It requires that participating counties provide training for educators for the purposes of identifying, intervening, and providing case management services to children who are victims of commercial sexual exploitation and human trafficking. The bill requires that prevention activities include educating students in schools to help them recognize and avoid human trafficking, and allows counties to target educational activities to children who are at a higher risk of human trafficking. The bill also requires county offices of education to be included in teams responsible for the development of interagency protocols, among other requirements.
Curricula on human trafficking. The author identifies a human trafficking curriculum called PROTECT as a model for instruction in human trafficking required by this bill. The PROTECT curriculum offers modules designed to be delivered sequentially in 5th, 7th, 9th and 11th grades. The goal of the curriculum is to identify victims at the earliest possible stage, reduce the vulnerability of all children to human trafficking, and empower children to conquer these kinds of challenges in their own lives. The modules provide a comprehensive understanding of the dangers, signs and historical roots of human trafficking. Other curricula are offered by the Frederick Douglass Family Initiatives, Love146, and many other organizations.
Health curriculum framework under revision, will incorporate sex trafficking content. The state’s health framework was last revised in 2003. It does not reflect the state’s current health content standards, which were adopted in 2008.
Work on revising of the health framework was initiated in 2008. In 2009 the state’s fiscal emergency halted all work on instructional materials adoptions and framework revisions until the 2013-14 school year by AB 4 X2 (Evans) Chapter 2, Statutes of 2009. That suspension was later extended until the 2015-16 school year by SB 70 (Committee on Budget), Chapter 7, Statutes of 2011. CDE reports that the framework is now scheduled for adoption by the SBE in 2019.
The health curriculum framework revision is now underway, and final adoption by the SBE is scheduled for May, 2019. Four focus group meetings were held in the fall of 2016. The Curriculum Framework and Evaluation Criteria Committees have been chosen, and will be holding meetings between May, 2017 and January, 2018.
The Budget Act of 2016 includes $362,000 in one-time funds for the revision of the health framework, editorial charges associated with the development of the science framework, and the operational expenses of the IQC. The 2016 budget also includes $135,000 for the CDE to contract with a researcher/writer with expertise in sex trafficking and sexual abuse to draft a section of the health framework for consideration by the IQC. This appropriation is related to SB 1165 (Mitchell), Chapter 713, Statutes of 2014, which requires the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.
Status of comprehensive sexual health mandate implementation. While the mandate to provide comprehensive sexual health education, including instruction on sex trafficking, has been effective since January 1, 2016, instructional materials aligned to the content required by law will not be adopted until well after the Health Curriculum Framework is completed and adopted in May, 2019.
In the interim, schools are required by law to provide this instruction, and school districts may look to the CDE for guidance on how to meet the requirements of the law. The CDE website currently says only that new legislation has been enacted which will change sexual health education, that the law goes into effect January 1, 2016, and to check back for updates. Another page states that the content is under review.
At least one independent organization has developed curriculum materials and a compliance checklist to assist school districts in meeting the requirements of the law. However, as AB 329 included significant revisions to content and instruction, and as school districts look to the state for guidance, the Committee may wish to consider whether the state is providing sufficient information to school districts on the requirements of the law.
Recommended amendments. The section proposed to be amended by this bill predates a major reform in sexual health education established by AB 329 (Weber) of the 2015-16 Session (known as the California Healthy Youth Act). That measure requires instruction once in middle and once in high school in a comprehensive list of sexual health topics, including instruction related to sex trafficking.
Human trafficking refers both to sex trafficking and labor trafficking. Amending the California Healthy Youth Act to broaden sex trafficking to human trafficking would accomplish the author’s goal of mandating instruction in this topic, while including it in an already mandated part of the curriculum, and would incorporate established requirements related to parental consent, qualifications and training of personnel delivering the instruction, and would provide for the natural integration of this content into the Health curriculum framework in the appropriate grades.
For these reasons, staff recommends that this bill be amended to move the section proposed to be amended into the California Healthy Youth Act, broadening “sex trafficking” to “human trafficking,” and modifying existing law to conform to the requirements of that Act.
Related and prior legislation. AB 329 (Weber), Chapter 398, Statues of 2015 requires schools to provide comprehensive sexual health education in grades 7-12, and modifies the currently required components of sexual health education and HIV/AIDS prevention education.
SB 1435 (Jackson) Chapter 633, Statutes of 2016 requires, when the health curriculum framework is next revised after January 1, 2017, the Instructional Quality Commission to consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, as specified.
SB 1165 (Mitchell), Chapter 713, Statutes of 2014, requires the IQC to consider including sexual abuse and sex trafficking prevention education in the health framework when it is next revised.
SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation.
REGISTERED SUPPORT / OPPOSITION:
Support
3 Strands Global (sponsor)
American Federation of State, County and Municipal Employees, AFL-CIO
California Teachers Association
Children’s Advocacy Institute
Court Appointed Special Advocates of Sacramento County
The Lynch Foundation
150+ individuals
Opposition
None on file
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 1227 (
Author:Bonta) – As Introduced Ver:February 17, 2017
SUBJECT: Human Trafficking Prevention Education and Training Act
SUMMARY: Establishes the Human Trafficking Prevention Education and Training Act, which requires schools to provide training on human trafficking, includes human trafficking in the definition if “child abuse and neglect,” and expands the scope of the Commercially Sexually Exploited Children Program to include human trafficking.
Specifically, this bill:
- Makes Legislative findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
- Makes the following changes to current statute regarding school district provision of sexual abuse and sex trafficking prevention education:
- Broadens the training to include human trafficking;
- Makes this training mandatory instead of permissive;
- Deletes “how to safely report an incident” from specified components of instruction and adds “how to safely seek assistance;”
- Affords a parent or guardian the right to excuse his or her child from all or part of human trafficking prevention education;
- Allows the Department of Education to make available on its Internet Web site information about and resources on human trafficking prevention education for professional learning purposes and relevant materials for student parents and guardians;
- Adds county probation, mental health, and public health departments and juvenile court and office of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the stipulation that these programs be for high-risk youth;
- Makes continuation training required, versus permissive, and includes topics related to human trafficking, as specified; and
- Encourages a school district to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
- Includes “human trafficking” as defined in existing law to the definition of the term “child abuse or neglect.”
- Makes the following changes to current statute regarding the Commercially Sexually Exploited Children Program (CSECP):
- Amends Legislative intent to include references to human trafficking and the need for early identification and prevention education;
- Renames the “Commercially Sexually Exploited Children Program” as the “Commercially Sexually Exploited or Trafficked Children Program;”
- Requires DSS to allocate Commercially Sexually Exploited Children Program funding for prevention education and training related to children who are or may become victims of human trafficking;
- Includes educators among those individuals for whom funded counties must provide training for the purposes of identifying, intervening, and providing case management services to children who are victims of commercial sexual exploitation and human trafficking;
- Includes educators among those individuals for whom DSS must provide training, and requires the training to be selected and contracted for in consultation with the county office of education, among others;
- Specifies that, for counties electing to participate in the CSETCP program, prevention activities provided to children who are victims or who are at risk of becoming victims of human trafficking includes training county workers and educating pupils in schools and consist of:
- Educating children to help recognize and avoid human trafficking and allowing counties to target educational activities to children who are at a higher risk of human trafficking;
- Engaging survivors of human trafficking, as specified;
- Consulting and coordinating with youth organizations and service providers who work with children who are disproportionately at risk of, or involved in, human trafficking, regarding outreach and support to children who are victims of human trafficking;
- Hiring county staff trained and specialized to work with children who are victims of human trafficking; and
- Providing supplemental foster care rates for placement of child victims of human trafficking, as specified;
- Requires a participating county to measure the impact of its training and prevention education by surveying educators, county workers, and children;
- Requires county workers to ensure timely services to trafficked children by requiring county workers to participate in the case planning and assist in linking trafficked children to services, as specified;
- Includes educational entities among the groups with whom a county must collaborate when submitting a plan to the Department of Social Services (DSS) detailing how counties intend to use funds, as specified;
- Requires, versus makes permissive, that law enforcement agencies and local educational agencies be among the entities serving on a multidisciplinary team created under the provisions of current law, as specified;
- Specifies that survivors of human trafficking may be included on the multidisciplinary team;
- Includes labor trafficked children in the interagency protocol that participating counties are required to develop, as specified;
- Requires the team tasked with creating the interagency response protocol to include county office of education and the county sheriff’s department;
- Specifies that the team may include survivors of human trafficking; and
- Specifies that the interagency protocol must address the needs of children who have been trafficked.
- Requires DSS to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are trafficked and who are currently served by county child welfare and probation departments who are subsequently identified as victims of human trafficking.
- Requires DSS to collect and publish data regarding the use of county services, such as repeat visits per child and the length of stay at county provided service locations, including assessment centers and foster homes.
- Requires DSS to collect and publish data that demonstrates the extent to which prevention education and training affect the incidence of human trafficking, and the levels of knowledge and vigilance about that issue.
- Makes technical changes.
EXISTING LAW:
- States that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished, as specified. (PEN 236.1(a))
- States that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished, as specified. (PEN 236.1(b))
- States that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses, is guilty of human trafficking and shall be punished as specified. (PEN 236.1(c)(1) and (2))
- Defines "commercial sex act" as "sexual conduct on account of which anything of value is given or received by any person." (PEN 236.1 (h)(2))
- Defines commercially sexually exploited children as a child who is sexually trafficked or receives food or shelter in exchange for the performance of certain sexual acts, as specified. (WIC 300)
- Requires mandated child abuse providers to participate in training programs that include ways to address critical issues, as specified. (WIC 16206)
- Allows a school district to provide abuse, including sexual abuse and sex trafficking prevention education. (EDC 51950 (a))
- Defines “sexual abuse and sex trafficking prevention education” as instruction on the prevention and nature of sexual abuse and sex trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely report an incident. (EDC 51950 (b))
- Allows in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. (EDC 51950 (f))
- Establishes the Commercially Sexually Exploited Children Program administered by DSS in order to create a multidisciplinary team approach to case management, service planning, and provision of services to commercially sexually exploited youth. (WIC 16524.7 et seq.)
- Establishes the Child Abuse and Neglect Reporting Act which requires mandated reporters to make reports of suspected child abuse or neglect to any police department or sheriff’s department, as specified. (PEN 11165.9)
FISCAL EFFECT: Unknown.
COMMENTS:
Commercial Sexual Exploitation of Children (CSEC): Commercial sexual exploitation of children is defined as the sexual exploitation of children entirely, or at least primarily, for financial or other economic reasons. Under this definition, the economic exchanges may be either monetary or non-monetary (i.e., for food, shelter, drugs). Sex trafficking of minors is defined as the “recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act” where the person is a United States citizen or lawful permanent resident under the age of 18 years.
According to the Alameda County Human Exploitation and Trafficking (H.E.A.T.) Watch Unit, nearly 98% of CSEC victims in the U.S. are female, and between 50-80% of child victims of commercial sexual exploitation have been involved with the child welfare system. According to the National Center for Missing and Exploited Children, it is estimated that one in six endangered runaways were likely sex trafficking victims in 2014. Many experts believe, however, that these statistics underestimate the magnitude of the problem; challenges arise when identifying victims, collecting and cross-referencing data, and deciding on common definitions in order to collect accurate statistics. Many youth also do not identify as victims or may be reluctant to admit to victimization due to fears of retaliation from traffickers, deportation, or incarceration by law enforcement.
Labor trafficking of minors: While the term “human trafficking” often evokes images of sex trafficking in the form of prostitution, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. U.S. law defines “severe forms of trafficking” as:
“Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor services, through the use of force, fraud, or coercion for the purpose of subjection or involuntary servitude, peonage, debt bondage, or slavery.”
It is estimated that children make up 72% of labor trafficking cases involving peddling rings nationwide. Because child survivors of sex trafficking often represent the most visible group in mainstream media, academia, and government policy, child labor trafficking is often excluded and its victims can go under-identified and under-assisted. According to information from the Freedom Network USA, child survivors of labor trafficking oftentimes suffer through longer periods of exploitation and abuse due to law enforcement and social services providers failing to identify them as trafficked in a timely manner. In addition to this, many victims may experience labor and sex trafficking simultaneously, such as being forced to engage in both prostitution and burglaries.
It is important to recognize that child labor trafficking requires the presence of force, fraud, and/or coercion. The coercion aspect of labor trafficking includes threats of serious psychological or physical harm to the victims or their loved ones, as well as real or threatened abuse of the legal system. Because children in the United States are allowed to work in certain circumstances, the use of force, fraud and/or coercion is particularly important when identifying victims of exploitation. According to the U.S. Department of Justice, a common model used to determine if an individual is being labor trafficked is the “Actions-Means-Purpose” model. In the AMP model, “actions” include inducing, recruiting, harboring, transporting, providing, or obtaining an individual. The “means” component involves using force, fraud, and/or coercion. Finally, the “purpose” aspect is related to the reason an individual is being exploited, which, in the case of trafficking, is for labor or other services.
Trafficking on school campuses: In January 2015, the U.S. Department of Education released a study entitled “Human Trafficking in America’s Schools” which studied the intersection between human trafficking and school campuses. According to the study, due to the abuse associated with child trafficking, victims often face myriad challenges not faced by their peers, including behavioral problems such as aggression and truancy, difficulty learning, and learning disabilities. The report makes several recommendations and suggests that schools develop effective anti-trafficking protocols that should include: development of a policy to address child trafficking, ensuring all school personnel are properly trained on the school’s trafficking policy, partnering with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking, and providing programs and roles for parents and guardians to make them part of their child’s safety and security both on the school campus and while going to and from school. The report also recommends that educators be knowledgeable about the signs of trafficking and the steps to take when a child is suspected to be the victim of exploitation.
Instances of trafficking on school campuses were recently highlighted in San Diego County where in 2015, the University of San Diego and Point Loma Nazarene University released the results of a three-year study in which they found that between 8,830 and 11,773 victims, mainly girls, were trafficked in San Diego County each year. In the 20 San Diego high schools that participated in the study, all confirmed that recruitment of their students was happening. Of those schools, 18 them reported documented cases of sex trafficking victimization, and about 140 staff members from those schools identified 81 reported victims along with an additional 54 suspected victims over five years, according to a February 2017 San Diego Union-Tribune article. San Diego area schools are now working to train educators and students on how to recognize the signs that students are involved in trafficking, according to the Union-Tribune article.
Commercially Sexually Exploited Children (CSEC) Program: In 2014, SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation. SB 855 also required the state to track various data points and report to the Legislature information no later than April 1, 2017: the number of children who are CSEC, the risk factors associated with commercial sexual exploitation of children, the types of services required by CSEC, and the barriers to serving CSEC victims. Current law requires states to submit data to the federal government with regards to CSEC. The 2014-15 Budget Act appropriated $5 million General Fund for the CSEC program, and in fiscal year 2016-17, the CSEC Program received a total of $14 million from the state General Fund.
Need for this bill: According to the author’s office:
“To date, efforts to combat human trafficking have focused largely on after-the-fact services for victims and legislation designed to stiffen penalties for perpetrators. While admirable, neither of these attacks the problem at the root cause where both the human and financial costs can be dramatically reduced or eliminated. The goal of prevention education is to not only identify students who are actively being trafficked, but also reduce the number of students who become victims, buyers, or traffickers.
It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Training teachers and administrators about the signs of human trafficking and their county’s response protocol can help provide the tools necessary to identify when a child is at risk of being trafficked and connect them with the services they need.
Prevention education serves a three-fold purpose for students who are vulnerable to human trafficking. First, when delivered on a large scale across multiple communities, it provides a common baseline for students to understand modern day slavery and human trafficking. Second, it helps students recognize human trafficking when they see it. This is a crime that can hide in plain sight—trafficking victims will often continue to go about their daily routines while they are being trafficked. Teaching other students and teachers how to recognize the types of victims creates critical mass of eyes and ears in our school system. Finally, prevention education helps students directly avoid becoming victims of trafficking themselves. The techniques traffickers use are subtle and clever. However, once known, they become obvious and simplistic. When students learn in the classroom about the tactics of traffickers, they become immediately recognizable to anyone who has gone through the program. Prevention education can also help avoid the mental health impacts and chronic absenteeism that result when a student becomes a victim of human trafficking.”
Staff comments: In recent years, California has worked diligently to acknowledge and address the complex needs of the CSEC population. In 2013, the Child Welfare Council established its CSEC Action Team, which works to identify prevention and intervention practices and make recommendations to the state on how to better address the issue of commercial sexual exploitation of youth. The action team continues to conduct research and develop guidance on coordinated approaches to identification and provision of services to sexually exploited youth. In addition to the CSEC Action Team, in 2014, DSS received a $250,000 grant from the U.S. Department of Health and Human Services for a five-year period until 2019, to create the Preventing and Addressing Child Trafficking (PACT) Program. The Program works to address issues of child sex trafficking, as well as labor trafficking of children, within California’s child welfare population. The project is focused on creating an interagency, collaborative model to effectively serve child labor and sex trafficking victims. Finally, in early 2015, the Child Trafficking Response Unit was formalized within DSS and is responsible for coordinating child trafficking training programs, producing guidance for counties, and administering the CSEC Program.
As it is currently written, the provisions of this bill drastically expand the scope of the CSEC Program by including labor trafficking as part of the program’s focus. Because the CSEC Program was originally created to track data and report to the Legislature information specifically related to CSEC, inclusion of child labor trafficking victims within the scope of the program may detract from and obfuscate the work being done to address the needs of an equally vulnerable population. In addition to this, the provisions of this bill require county welfare agencies to develop interagency protocols and educational tools for all of California’s children, despite the fact that the child welfare system provides services and supports to a specific subset of California’s child population, namely, those children and youth who are at risk of being abused and neglected. By requiring county welfare agencies to develop protocols and educational materials for all children, this bill places an overwhelming burden on the child welfare system without also providing the necessary support for implementation. Should this bill move forward, the author may wish to consider the most appropriate avenue for addressing the needs of child labor trafficking victims, be it building upon existing programs that focus on the child labor trafficking issue, or further study and review of the child labor trafficking issue for the purposes of developing labor trafficking-specific programs similar to those developed for CSEC. The author may also wish to consider the most appropriate way to develop and deliver response protocols and educational materials to all of California’s children.
Suggested amendments: In order to maintain the ongoing efforts of the CSEC Program to address the complex needs of commercially sexually exploited youth and to ensure that the issue of labor trafficked youth receives adequate attention, committee staff recommends the following amendments starting on line 6 of page 3 of the bill:
The people of the State of California do enact as follows:
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SECTION 1. This act shall be known, and may be cited, as the
2
Human Trafficking Prevention Education and Training Act.
3
SEC. 2. The Legislature finds and declares that to reduce the
4
vulnerability of all children in California to incidents of commercial
5
labor or sexual exploitation and to begin to eradicate human
6
trafficking from the state, it is necessary that the state, schools and counties implement
7
comprehensive prevention education and training procedures
8
designed to do all of the following:
9
(a) Coordinate the efforts of counties, local agencies, and other
10
stakeholders through agreed-upon protocols.
11
(b) Train county leadership, administrators, and educators to
12
identify children that have been, or may be at risk of being,
13
exploited and how to proceed when potential victims are identified.
14
(c) Teach California’s school-age population how to avoid
15
becoming victims of exploitation, and help them understand the
16
problem of human exploitation and learn ways to address the
17
problem through service initiatives.
18
(d) Evaluate how the implementation of prevention education
19
and training affect both the incidence of human trafficking and the
20
levels of knowledge and vigilance about the issue.
21
SEC. 3. Section 51950 of the Education Code is amended to
22
read:
23
51950. (a) A school district may shall provide abuse, including
24
sexual abuse abuse, and sex human trafficking prevention
25
education.
26
(b) For purposes of this section, “sexual abuse “abuse, including
27
sexual abuse, and sex human trafficking prevention education”
28
means instruction on the prevalence and nature of sexual abuse
29
abuse, including sexual abuse, and sex human trafficking, strategies
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to reduce their risk, techniques to set healthy boundaries, and how
2
to safely report an incident. seek assistance.
3
(c) A parent or guardian of a pupil has shall have the right to
4
excuse his or her child from all or part of sexual abuse abuse,
5
including sexual abuse, and sex human trafficking prevention
6
education, and assessments related to that education.
7
(d) The department may make available on the department’s
8
Internet Web site information about the education described in
9
this section, resources on sexual abuse abuse, including sexual
10
abuse, and sex human trafficking prevention for professional
11
learning purposes, and relevant materials for parents, and guardians and other caretakers
12
of pupils.
13
(e) A school district is encouraged to collaborate with law
14
enforcement its county’s child welfare probation, mental health, public health,
15
and sheriff’s departments, juvenile court, and office of education
16
on intervention programs for high-risk pupils and other minors.
17
(f) In-service Continuation training may shall be available and
18
conducted periodically to enable school district personnel to learn
19
about new developments in the understanding of sexual abuse
20
abuse, including sexual abuse, and sex human trafficking, and to
21
receive instruction on current prevention efforts and methods. A
22
school district is encouraged to include training on early
23
identification of abuse, including sexual abuse abuse, and sex
24
human trafficking of pupils and other minors.
25
SEC. 4. Section 11165.6 of the Penal Code is amended to read:
26
11165.6. As used in this article, the term “child abuse or
27
neglect” includes physical injury or death inflicted by other than
28
accidental means upon a child by another person, sexual abuse as
29
defined in Section 11165.1, neglect as defined in Section 11165.2,
30
the willful harming or injuring of a child or the endangering of the
31
person or health of a child, as defined in Section 11165.3, human
32
trafficking as described in subdivision (a) of Section 236.1, and
33
unlawful corporal punishment or injury as defined in Section
34
11165.4. “Child abuse or neglect” does not include a mutual affray
35
between minors. “Child abuse or neglect” does not include an
36
injury caused by reasonable and necessary force used by a peace
37
officer acting within the course and scope of his or her employment
38
as a peace officer.
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SEC. 5. The heading of Chapter 5.2 (commencing with Section
2
16524.6) of Part 4 of Division 9 of the Welfare and Institutions
3
Code is amended to read:
4
5
Chapter 5.2. Commercially Sexually Exploited or
6
Trafficked Children Program
7
8
SEC. 6. Section 16524.6 of the Welfare and Institutions Code
9
is amended to read:
10
16524.6. The Legislature finds and declares that in order to
11
reduce the vulnerability of all children in California communities
12
to incidents of commercial labor or sexual exploitation, and adequately
13
serve children who have been sexually exploited, sexually exploited or
14
trafficked, and begin to eradicate human trafficking from the state,
15
it is necessary that counties develop and utilize a multidisciplinary
16
team approach to early identification, prevention education, case
17
management, service planning, and provision of services, and that
18
counties develop and utilize interagency protocols to ensure
19
services are provided as needed to this population. to all of
20
California’s children. as needed to California’s children.
21
SEC. 7. Section 16524.7 of the Welfare and Institutions Code
22
is amended to read:
23
16524.7. (a) (1) There is hereby established the Commercially
24
Sexually Exploited or Trafficked Children Program. This program
25
shall be administered by the State Department of Social Services.
26
(2) The department, in consultation with the County Welfare
27
Directors Association of California, shall develop an allocation
28
methodology to distribute funding for the program. Funds allocated
29
pursuant to this section shall be utilized to cover expenditures
30
related to the costs of implementing the program, prevention
31
education and intervention services, and training related to children
32
who are are, or may become, victims of commercial sexual
33
exploitation. exploitation or human trafficking.
34
(3) (A) Funds shall be provided to counties that elect to
35
participate in the program for the provision of training to county
36
children’s services workers and educators to identify, intervene,
37
and provide case management services to children who are victims
38
of commercial sexual exploitation and human trafficking, as
39
applicable, and to foster caregivers for the prevention and
40
identification of potential victims.
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(B) The department shall contract to provide training for county
2
workers workers, educators, and foster caregivers. Training shall
3
be selected and contracted for in consultation with the County
4
Welfare Directors Association, county offices of education, county
5
children’s services representatives, and other stakeholders. The
6
department shall consult and collaborate with the California
7
Community Colleges Chancellor’s Office to provide training for
8
foster parents of licensed foster family homes.
9
(4) Funds provided to the counties electing to participate in the
10
program shall be used for prevention activities, activities, which
11
includes training county workers and educating pupils in schools,
12
intervention activities, and services to children who are victims,
13
or at risk of becoming victims, of commercial sexual exploitation.
14
exploitation or human trafficking. These activities and services
15
may include, but are not limited to, all of the following:
16
(A) Training foster Educating children to help recognize and
17
help avoid commercial sexual exploitation. exploitation and human
18
trafficking. Counties may target training educational activities to
19
foster foster children who are at higher risk of commercial sexual
20
exploitation. exploitation or human trafficking.
21
(B) Engaging survivors of commercial sexual exploitation or
22
human trafficking to do all of the following:
23
(i) Provide support to county staff who serve children who are
24
victims of commercial sexual exploitation. exploitation or human
25
trafficking.
26
(ii) Participate in activities that may include training education,
27
training, and technical assistance.
28
(iii) Serve as advocates for and perform outreach and support
29
to children who are victims of commercial sexual exploitation.
30
exploitation or human trafficking.
31
(C) Consulting and coordinating with homeless youth shelters
32
and other service providers who work with children who are
33
disproportionately at risk of, or involved in, commercial sexual
34
exploitation, including, but not limited to, lesbian, gay, bisexual,
35
and transgender youth organizations, or human trafficking,
36
regarding outreach and support to children who are victims of
37
commercial sexual exploitation. exploitation or human trafficking.
38
(D) Hiring county staff trained and specialized to work with
39
children who are victims of commercial sexual exploitation or
40
human trafficking to support victims and their caregivers, and to
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provide case management to support interagency and
2
cross-departmental response.
3
(E) Providing supplemental foster care rates for placement of
4
child victims of commercial sexual exploitation or human
5
trafficking adjudged to be within a dependent child of the definition
6
of court, as defined in Section 300 300, within the definition of Section 300, to foster homes, relatives,
7
foster family agency certified homes, or other specialized
8
placements for the increased care and supervision needs of the
9
victim in accordance with Section 11460.
10
(5) A participating county shall measure the impact of its
11
training and prevention education by surveying educators, county
12
workers, and children. A participating county may measure the impact of its training and prevention education by surveying educators, county workers, and children.
13
(b) Funds allocated for the program shall not supplant funds for
14
existing programs.
15
(c) (1) In order to ensure timely access to services to which
16
commercially sexually exploited or trafficked children are entitled
17
as dependents in foster care, in participating counties, county
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agency representatives from mental health, probation, public health,
19
and substance abuse disorders shall participate in the case planning
20
and assist in linking commercially sexually exploited or trafficked
21
children to services that serve children who are in the child welfare
22
system and that are identified in the child’s case plan and may
23
include other stakeholders as determined by the county.
24
(2) The entities described in paragraph (1) shall provide input
25
to the child welfare services agency regarding the services and
26
supports needed for these children to support treatment needs and
27
aid in their recovery and may assist in linking these children to
28
services that are consistent with their county plans submitted to
29
the department pursuant to subdivision (d).
30
(d) (1) A county electing to receive funding from the
31
Commercially Sexually Exploited or Trafficked Children Program
32
pursuant to this chapter shall submit a plan describing how the
33
county intends to utilize the funds allocated pursuant to paragraph
34
(4) of subdivision (a).
35
(2) (A) The county shall submit a plan to the department
36
pursuant to a process developed by the department, in consultation
37
with the County Welfare Directors Association. The plan shall
38
include documentation indicating the county’s collaboration with
39
county partner agencies agencies, educational entities, and
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children-focused entities, which shall include the formation of a
2
multidisciplinary team to serve children pursuant to this chapter.
3
A
4
(B) A multidisciplinary team serving a child pursuant to this
5
chapter shall include, but is not limited to, appropriate staff from
6
the county child welfare, probation, mental health, substance abuse
7
disorder, law enforcement, and public health departments.
8
departments and local educational agencies. Staff from a local
9
provider of services to this population, local education agencies,
10
and local law enforcement, population population, local education agencies, and local law enforcement, and survivors of commercial
11
sexual exploitation and human trafficking may be included on the
12
team.
13
SEC. 8. Section 16524.8 of the Welfare and Institutions Code
14
is amended to read:
15
16524.8. (a) (1) Each county electing to receive funds from
16
the Commercially Sexually Exploited or Trafficked Children
17
Program pursuant to this chapter shall develop an interagency
18
response protocol to be utilized in serving sexually exploited or
19
labor trafficked children. The county response protocol shall be
20
developed by a team led by a representative of the county human
21
services department and shall include representatives from each
22
of the following agencies:
23
(1)
24
(A) The county probation department.
25
(2)
26
(B) The county mental health department.
27
(3)
28
(C) The county public health department.
29
(4)
30
(D) The juvenile court in the county.
31
(E) The county office of education.
32
(F) The county sheriff’s department.
33
The
34
(2) The team may include, but shall not be limited to,
35
representatives from local education agencies, local law
36
enforcement, survivors of sexual exploitation and human
37
trafficking, and other providers as necessary.
38
(b) At a minimum, the interagency protocol shall address the
39
provision of services to children who have been sexually exploited
40
or trafficked and are within dependent children of the definition
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of court, as defined in within the definition of Section 300, including, but not limited to,
2
the use of a multidisciplinary team approach to provide coordinated
3
case management, service planning, and services to these children.
(c) Counties that developed a protocol prior to the inclusion of county offices of education and county sheriff’s departments as required partners pursuant to this section, may, but are not require, to revise protocols to reflect input by these entities.
4
SEC. 9. Section 16524.9 of the Welfare and Institutions Code
5
is amended to read:
6
16524.9. (a) The State Department of Social Services, in
7
consultation with the County Welfare Directors Association, shall
8
ensure that the Child Welfare Services/Case Management System
9
is capable of collecting data concerning children who are
10
commercially sexually exploited, exploited or trafficked, including
11
children who are referred to the child abuse hotline and children
12
currently served by county child welfare and probation departments
13
who are subsequently identified as victims of commercial sexual
14
exploitation. exploitation or human trafficking.
15
(b) The department shall collect and publish data regarding the
16
use of county services, including the number of repeat visits per
17
child to, and the duration of stay at, county provided service
18
locations, such as assessment centers and foster homes.
19
(c) The department shall collect and publish data demonstrating
20
to what extent prevention education and training affect both the
21
incidence of human trafficking and the levels of knowledge and
22
vigilance about that issue.
23
(a)
24
(d) The department shall disseminate any necessary instructions
25
on data entry to the county child welfare and probation department
26
staff.
27
(b) The department shall implement this section no later than
28
June 1, 2015. June 1, 2018.
29
SEC. 10. No reimbursement is required by this act pursuant to
30
Section 6 of Article XIIIB of the California Constitution for certain
31
costs that may be incurred by a local agency or school district
32
because, in that regard, this act creates a new crime or infraction,
33
eliminates a crime or infraction, or changes the penalty for a crime
34
or infraction, within the meaning of Section 17556 of the
35
Government Code, or changes the definition of a crime within the
36
meaning of Section 6 of Article XIIIB of the California
37
Constitution.
38
However, if the Commission on State Mandates determines that
39
this act contains other costs mandated by the state, reimbursement
40
to local agencies and school districts for those costs shall be made
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pursuant to Part 7 (commencing with Section 17500) of Division
2
- of Title 2 of the Government Code.
PRIOR LEGISLATION:
AB 223 (Eggman), 2017, requires the Board of State and Community Corrections to establish a pilot project to be made available to Alameda, Sacramento, and San Joaquin counties, in order to create programs to provide services to address the needs of CSEC. This bill is currently awaiting hearing in the Assembly Appropriations Committee.
SB 1322 (Mitchell), Chapter 654, Statutes of 2016, decriminalized prostitution for individuals under 18 years of age.
AB 1760 (Santiago), 2016, contained some provisions similar to this bill and would have adopted a number of requirements for the Health and Human Services Agency, DSS, counties, and other entities, related to the provision of services for child trafficking victims. This bill was held on the Assembly Appropriations suspense file.
SB 794 (Senate Human Services Committee), Chapter 425, Statutes of 2015, implemented provisions of the federal Preventing Sex Trafficking and Strengthening Families Act, including conforming state with federal law in the areas of sex trafficking prevention and data collection, and the state’s reasonable and prudent standards, among other things.
SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program within DSS to further address the needs of the CSEC population.
AB 22 (Lieber), Chapter 240, Statutes of 2005, created the California Trafficking Victims Protection Act, which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking. In addition, the Act required law enforcement agencies to provide Law Enforcement Agency Endorsement to trafficking victims, providing trafficking victims with protection from deportation and created the human trafficking task force.
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Committee on Education.
REGISTERED SUPPORT / OPPOSITION:
Support
3 Strands (Sponsor)
American Academy of Pediatrics, CA
American Federation of State County and Municipal Employees
California Catholic Conference
California District Attorneys Association
Coalition to Abolish Slavery & Trafficking
Frederick Douglas Family Initiatives
Love Never Fails
17 Individuals
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 1227 (
Author:Bonta) – As Introduced Ver:February 17, 2017
SUBJECT: Human Trafficking Prevention Education and Training Act
SUMMARY: Establishes the Human Trafficking Prevention Education and Training Act, which requires schools to provide training on human trafficking, includes human trafficking in the definition if “child abuse and neglect,” and expands the scope of the Commercially Sexually Exploited Children Program to include human trafficking.
Specifically, this bill:
- Makes Legislative findings and declarations related to the need to reduce the vulnerability of children to incidents of human trafficking, as specified.
- Makes the following changes to current statute regarding school district provision of sexual abuse and sex trafficking prevention education:
- Broadens the training to include human trafficking;
- Makes this training mandatory instead of permissive;
- Deletes “how to safely report an incident” from specified components of instruction and adds “how to safely seek assistance;”
- Affords a parent or guardian the right to excuse his or her child from all or part of human trafficking prevention education;
- Allows the Department of Education to make available on its Internet Web site information about and resources on human trafficking prevention education for professional learning purposes and relevant materials for student parents and guardians;
- Adds county probation, mental health, and public health departments and juvenile court and office of education to the list of entities a school district is encouraged to collaborate with on intervention programs for pupils and other minors, and removes the stipulation that these programs be for high-risk youth;
- Makes continuation training required, versus permissive, and includes topics related to human trafficking, as specified; and
- Encourages a school district to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.
- Includes “human trafficking” as defined in existing law to the definition of the term “child abuse or neglect.”
- Makes the following changes to current statute regarding the Commercially Sexually Exploited Children Program (CSECP):
- Amends Legislative intent to include references to human trafficking and the need for early identification and prevention education;
- Renames the “Commercially Sexually Exploited Children Program” as the “Commercially Sexually Exploited or Trafficked Children Program;”
- Requires DSS to allocate Commercially Sexually Exploited Children Program funding for prevention education and training related to children who are or may become victims of human trafficking;
- Includes educators among those individuals for whom funded counties must provide training for the purposes of identifying, intervening, and providing case management services to children who are victims of commercial sexual exploitation and human trafficking;
- Includes educators among those individuals for whom DSS must provide training, and requires the training to be selected and contracted for in consultation with the county office of education, among others;
- Specifies that, for counties electing to participate in the CSETCP program, prevention activities provided to children who are victims or who are at risk of becoming victims of human trafficking includes training county workers and educating pupils in schools and consist of:
- Educating children to help recognize and avoid human trafficking and allowing counties to target educational activities to children who are at a higher risk of human trafficking;
- Engaging survivors of human trafficking, as specified;
- Consulting and coordinating with youth organizations and service providers who work with children who are disproportionately at risk of, or involved in, human trafficking, regarding outreach and support to children who are victims of human trafficking;
- Hiring county staff trained and specialized to work with children who are victims of human trafficking; and
- Providing supplemental foster care rates for placement of child victims of human trafficking, as specified;
- Requires a participating county to measure the impact of its training and prevention education by surveying educators, county workers, and children;
- Requires county workers to ensure timely services to trafficked children by requiring county workers to participate in the case planning and assist in linking trafficked children to services, as specified;
- Includes educational entities among the groups with whom a county must collaborate when submitting a plan to the Department of Social Services (DSS) detailing how counties intend to use funds, as specified;
- Requires, versus makes permissive, that law enforcement agencies and local educational agencies be among the entities serving on a multidisciplinary team created under the provisions of current law, as specified;
- Specifies that survivors of human trafficking may be included on the multidisciplinary team;
- Includes labor trafficked children in the interagency protocol that participating counties are required to develop, as specified;
- Requires the team tasked with creating the interagency response protocol to include county office of education and the county sheriff’s department;
- Specifies that the team may include survivors of human trafficking; and
- Specifies that the interagency protocol must address the needs of children who have been trafficked.
- Requires DSS to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are trafficked and who are currently served by county child welfare and probation departments who are subsequently identified as victims of human trafficking.
- Requires DSS to collect and publish data regarding the use of county services, such as repeat visits per child and the length of stay at county provided service locations, including assessment centers and foster homes.
- Requires DSS to collect and publish data that demonstrates the extent to which prevention education and training affect the incidence of human trafficking, and the levels of knowledge and vigilance about that issue.
- Makes technical changes.
EXISTING LAW:
- States that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished, as specified. (PEN 236.1(a))
- States that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished, as specified. (PEN 236.1(b))
- States that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses, is guilty of human trafficking and shall be punished as specified. (PEN 236.1(c)(1) and (2))
- Defines "commercial sex act" as "sexual conduct on account of which anything of value is given or received by any person." (PEN 236.1 (h)(2))
- Defines commercially sexually exploited children as a child who is sexually trafficked or receives food or shelter in exchange for the performance of certain sexual acts, as specified. (WIC 300)
- Requires mandated child abuse providers to participate in training programs that include ways to address critical issues, as specified. (WIC 16206)
- Allows a school district to provide abuse, including sexual abuse and sex trafficking prevention education. (EDC 51950 (a))
- Defines “sexual abuse and sex trafficking prevention education” as instruction on the prevention and nature of sexual abuse and sex trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely report an incident. (EDC 51950 (b))
- Allows in-service training to be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. (EDC 51950 (f))
- Establishes the Commercially Sexually Exploited Children Program administered by DSS in order to create a multidisciplinary team approach to case management, service planning, and provision of services to commercially sexually exploited youth. (WIC 16524.7 et seq.)
- Establishes the Child Abuse and Neglect Reporting Act which requires mandated reporters to make reports of suspected child abuse or neglect to any police department or sheriff’s department, as specified. (PEN 11165.9)
FISCAL EFFECT: Unknown.
COMMENTS:
Commercial Sexual Exploitation of Children (CSEC): Commercial sexual exploitation of children is defined as the sexual exploitation of children entirely, or at least primarily, for financial or other economic reasons. Under this definition, the economic exchanges may be either monetary or non-monetary (i.e., for food, shelter, drugs). Sex trafficking of minors is defined as the “recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act” where the person is a United States citizen or lawful permanent resident under the age of 18 years.
According to the Alameda County Human Exploitation and Trafficking (H.E.A.T.) Watch Unit, nearly 98% of CSEC victims in the U.S. are female, and between 50-80% of child victims of commercial sexual exploitation have been involved with the child welfare system. According to the National Center for Missing and Exploited Children, it is estimated that one in six endangered runaways were likely sex trafficking victims in 2014. Many experts believe, however, that these statistics underestimate the magnitude of the problem; challenges arise when identifying victims, collecting and cross-referencing data, and deciding on common definitions in order to collect accurate statistics. Many youth also do not identify as victims or may be reluctant to admit to victimization due to fears of retaliation from traffickers, deportation, or incarceration by law enforcement.
Labor trafficking of minors: While the term “human trafficking” often evokes images of sex trafficking in the form of prostitution, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. U.S. law defines “severe forms of trafficking” as:
“Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor services, through the use of force, fraud, or coercion for the purpose of subjection or involuntary servitude, peonage, debt bondage, or slavery.”
It is estimated that children make up 72% of labor trafficking cases involving peddling rings nationwide. Because child survivors of sex trafficking often represent the most visible group in mainstream media, academia, and government policy, child labor trafficking is often excluded and its victims can go under-identified and under-assisted. According to information from the Freedom Network USA, child survivors of labor trafficking oftentimes suffer through longer periods of exploitation and abuse due to law enforcement and social services providers failing to identify them as trafficked in a timely manner. In addition to this, many victims may experience labor and sex trafficking simultaneously, such as being forced to engage in both prostitution and burglaries.
It is important to recognize that child labor trafficking requires the presence of force, fraud, and/or coercion. The coercion aspect of labor trafficking includes threats of serious psychological or physical harm to the victims or their loved ones, as well as real or threatened abuse of the legal system. Because children in the United States are allowed to work in certain circumstances, the use of force, fraud and/or coercion is particularly important when identifying victims of exploitation. According to the U.S. Department of Justice, a common model used to determine if an individual is being labor trafficked is the “Actions-Means-Purpose” model. In the AMP model, “actions” include inducing, recruiting, harboring, transporting, providing, or obtaining an individual. The “means” component involves using force, fraud, and/or coercion. Finally, the “purpose” aspect is related to the reason an individual is being exploited, which, in the case of trafficking, is for labor or other services.
Trafficking on school campuses: In January 2015, the U.S. Department of Education released a study entitled “Human Trafficking in America’s Schools” which studied the intersection between human trafficking and school campuses. According to the study, due to the abuse associated with child trafficking, victims often face myriad challenges not faced by their peers, including behavioral problems such as aggression and truancy, difficulty learning, and learning disabilities. The report makes several recommendations and suggests that schools develop effective anti-trafficking protocols that should include: development of a policy to address child trafficking, ensuring all school personnel are properly trained on the school’s trafficking policy, partnering with local law enforcement experts to provide a parent awareness program on the dangers and warning signs of child sex trafficking, and providing programs and roles for parents and guardians to make them part of their child’s safety and security both on the school campus and while going to and from school. The report also recommends that educators be knowledgeable about the signs of trafficking and the steps to take when a child is suspected to be the victim of exploitation.
Instances of trafficking on school campuses were recently highlighted in San Diego County where in 2015, the University of San Diego and Point Loma Nazarene University released the results of a three-year study in which they found that between 8,830 and 11,773 victims, mainly girls, were trafficked in San Diego County each year. In the 20 San Diego high schools that participated in the study, all confirmed that recruitment of their students was happening. Of those schools, 18 them reported documented cases of sex trafficking victimization, and about 140 staff members from those schools identified 81 reported victims along with an additional 54 suspected victims over five years, according to a February 2017 San Diego Union-Tribune article. San Diego area schools are now working to train educators and students on how to recognize the signs that students are involved in trafficking, according to the Union-Tribune article.
Commercially Sexually Exploited Children (CSEC) Program: In 2014, SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program, which is an optional program for counties that provide funds for expenditures related to the costs of implementing the program, prevention and intervention services related to children who are victims of commercial sexual exploitation. SB 855 also required the state to track various data points and report to the Legislature information no later than April 1, 2017: the number of children who are CSEC, the risk factors associated with commercial sexual exploitation of children, the types of services required by CSEC, and the barriers to serving CSEC victims. Current law requires states to submit data to the federal government with regards to CSEC. The 2014-15 Budget Act appropriated $5 million General Fund for the CSEC program, and in fiscal year 2016-17, the CSEC Program received a total of $14 million from the state General Fund.
Need for this bill: According to the author’s office:
“To date, efforts to combat human trafficking have focused largely on after-the-fact services for victims and legislation designed to stiffen penalties for perpetrators. While admirable, neither of these attacks the problem at the root cause where both the human and financial costs can be dramatically reduced or eliminated. The goal of prevention education is to not only identify students who are actively being trafficked, but also reduce the number of students who become victims, buyers, or traffickers.
It is necessary for counties to implement comprehensive prevention education and training procedures in order to reduce incidents of human trafficking. Training teachers and administrators about the signs of human trafficking and their county’s response protocol can help provide the tools necessary to identify when a child is at risk of being trafficked and connect them with the services they need.
Prevention education serves a three-fold purpose for students who are vulnerable to human trafficking. First, when delivered on a large scale across multiple communities, it provides a common baseline for students to understand modern day slavery and human trafficking. Second, it helps students recognize human trafficking when they see it. This is a crime that can hide in plain sight—trafficking victims will often continue to go about their daily routines while they are being trafficked. Teaching other students and teachers how to recognize the types of victims creates critical mass of eyes and ears in our school system. Finally, prevention education helps students directly avoid becoming victims of trafficking themselves. The techniques traffickers use are subtle and clever. However, once known, they become obvious and simplistic. When students learn in the classroom about the tactics of traffickers, they become immediately recognizable to anyone who has gone through the program. Prevention education can also help avoid the mental health impacts and chronic absenteeism that result when a student becomes a victim of human trafficking.”
Staff comments: In recent years, California has worked diligently to acknowledge and address the complex needs of the CSEC population. In 2013, the Child Welfare Council established its CSEC Action Team, which works to identify prevention and intervention practices and make recommendations to the state on how to better address the issue of commercial sexual exploitation of youth. The action team continues to conduct research and develop guidance on coordinated approaches to identification and provision of services to sexually exploited youth. In addition to the CSEC Action Team, in 2014, DSS received a $250,000 grant from the U.S. Department of Health and Human Services for a five-year period until 2019, to create the Preventing and Addressing Child Trafficking (PACT) Program. The Program works to address issues of child sex trafficking, as well as labor trafficking of children, within California’s child welfare population. The project is focused on creating an interagency, collaborative model to effectively serve child labor and sex trafficking victims. Finally, in early 2015, the Child Trafficking Response Unit was formalized within DSS and is responsible for coordinating child trafficking training programs, producing guidance for counties, and administering the CSEC Program.
As it is currently written, the provisions of this bill drastically expand the scope of the CSEC Program by including labor trafficking as part of the program’s focus. Because the CSEC Program was originally created to track data and report to the Legislature information specifically related to CSEC, inclusion of child labor trafficking victims within the scope of the program may detract from and obfuscate the work being done to address the needs of an equally vulnerable population. In addition to this, the provisions of this bill require county welfare agencies to develop interagency protocols and educational tools for all of California’s children, despite the fact that the child welfare system provides services and supports to a specific subset of California’s child population, namely, those children and youth who are at risk of being abused and neglected. By requiring county welfare agencies to develop protocols and educational materials for all children, this bill places an overwhelming burden on the child welfare system without also providing the necessary support for implementation. Should this bill move forward, the author may wish to consider the most appropriate avenue for addressing the needs of child labor trafficking victims, be it building upon existing programs that focus on the child labor trafficking issue, or further study and review of the child labor trafficking issue for the purposes of developing labor trafficking-specific programs similar to those developed for CSEC. The author may also wish to consider the most appropriate way to develop and deliver response protocols and educational materials to all of California’s children.
Suggested amendments: In order to maintain the ongoing efforts of the CSEC Program to address the complex needs of commercially sexually exploited youth and to ensure that the issue of labor trafficked youth receives adequate attention, committee staff recommends the following amendments starting on line 6 of page 3 of the bill:
The people of the State of California do enact as follows:
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SECTION 1. This act shall be known, and may be cited, as the
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Human Trafficking Prevention Education and Training Act.
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SEC. 2. The Legislature finds and declares that to reduce the
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vulnerability of all children in California to incidents of commercial
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labor or sexual exploitation and to begin to eradicate human
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trafficking from the state, it is necessary that the state, schools and counties implement
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comprehensive prevention education and training procedures
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designed to do all of the following:
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(a) Coordinate the efforts of counties, local agencies, and other
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stakeholders through agreed-upon protocols.
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(b) Train county leadership, administrators, and educators to
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identify children that have been, or may be at risk of being,
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exploited and how to proceed when potential victims are identified.
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(c) Teach California’s school-age population how to avoid
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becoming victims of exploitation, and help them understand the
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problem of human exploitation and learn ways to address the
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problem through service initiatives.
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(d) Evaluate how the implementation of prevention education
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and training affect both the incidence of human trafficking and the
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levels of knowledge and vigilance about the issue.
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SEC. 3. Section 51950 of the Education Code is amended to
22
read:
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51950. (a) A school district may shall provide abuse, including
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sexual abuse abuse, and sex human trafficking prevention
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education.
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(b) For purposes of this section, “sexual abuse “abuse, including
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sexual abuse, and sex human trafficking prevention education”
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means instruction on the prevalence and nature of sexual abuse
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abuse, including sexual abuse, and sex human trafficking, strategies
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to reduce their risk, techniques to set healthy boundaries, and how
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to safely report an incident. seek assistance.
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(c) A parent or guardian of a pupil has shall have the right to
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excuse his or her child from all or part of sexual abuse abuse,
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including sexual abuse, and sex human trafficking prevention
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education, and assessments related to that education.
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(d) The department may make available on the department’s
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Internet Web site information about the education described in
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this section, resources on sexual abuse abuse, including sexual
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abuse, and sex human trafficking prevention for professional
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learning purposes, and relevant materials for parents, and guardians and other caretakers
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of pupils.
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(e) A school district is encouraged to collaborate with law
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enforcement its county’s child welfare probation, mental health, public health,
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and sheriff’s departments, juvenile court, and office of education
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on intervention programs for high-risk pupils and other minors.
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(f) In-service Continuation training may shall be available and
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conducted periodically to enable school district personnel to learn
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about new developments in the understanding of sexual abuse
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abuse, including sexual abuse, and sex human trafficking, and to
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receive instruction on current prevention efforts and methods. A
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school district is encouraged to include training on early
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identification of abuse, including sexual abuse abuse, and sex
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human trafficking of pupils and other minors.
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SEC. 4. Section 11165.6 of the Penal Code is amended to read:
26
11165.6. As used in this article, the term “child abuse or
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neglect” includes physical injury or death inflicted by other than
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accidental means upon a child by another person, sexual abuse as
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defined in Section 11165.1, neglect as defined in Section 11165.2,
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the willful harming or injuring of a child or the endangering of the
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person or health of a child, as defined in Section 11165.3, human
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trafficking as described in subdivision (a) of Section 236.1, and
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unlawful corporal punishment or injury as defined in Section
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11165.4. “Child abuse or neglect” does not include a mutual affray
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between minors. “Child abuse or neglect” does not include an
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injury caused by reasonable and necessary force used by a peace
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officer acting within the course and scope of his or her employment
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as a peace officer.
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SEC. 5. The heading of Chapter 5.2 (commencing with Section
2
16524.6) of Part 4 of Division 9 of the Welfare and Institutions
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Code is amended to read:
4
5
Chapter 5.2. Commercially Sexually Exploited or
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Trafficked Children Program
7
8
SEC. 6. Section 16524.6 of the Welfare and Institutions Code
9
is amended to read:
10
16524.6. The Legislature finds and declares that in order to
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reduce the vulnerability of all children in California communities
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to incidents of commercial labor or sexual exploitation, and adequately
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serve children who have been sexually exploited, sexually exploited or
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trafficked, and begin to eradicate human trafficking from the state,
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it is necessary that counties develop and utilize a multidisciplinary
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team approach to early identification, prevention education, case
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management, service planning, and provision of services, and that
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counties develop and utilize interagency protocols to ensure
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services are provided as needed to this population. to all of
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California’s children. as needed to California’s children.
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SEC. 7. Section 16524.7 of the Welfare and Institutions Code
22
is amended to read:
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16524.7. (a) (1) There is hereby established the Commercially
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Sexually Exploited or Trafficked Children Program. This program
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shall be administered by the State Department of Social Services.
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(2) The department, in consultation with the County Welfare
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Directors Association of California, shall develop an allocation
28
methodology to distribute funding for the program. Funds allocated
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pursuant to this section shall be utilized to cover expenditures
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related to the costs of implementing the program, prevention
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education and intervention services, and training related to children
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who are are, or may become, victims of commercial sexual
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exploitation. exploitation or human trafficking.
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(3) (A) Funds shall be provided to counties that elect to
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participate in the program for the provision of training to county
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children’s services workers and educators to identify, intervene,
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and provide case management services to children who are victims
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of commercial sexual exploitation and human trafficking, as
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applicable, and to foster caregivers for the prevention and
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identification of potential victims, and may include educators for the prevention and identification of potential victims.
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(B) The department shall contract to provide training for county
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workers workers, educators, and foster caregivers, and may include educators. Training shall
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be selected and contracted for in consultation with the County
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Welfare Directors Association, county offices of education, county
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children’s services representatives, and other stakeholders. The
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department shall consult and collaborate with the California
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Community Colleges Chancellor’s Office to provide training for
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foster parents of licensed foster family homes.
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(4) Funds provided to the counties electing to participate in the
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program shall be used for prevention activities, activities, which
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includes training county workers and educating pupils in schools, and may include educating pupils in schools.
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intervention activities, and services to children who are victims,
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or at risk of becoming victims, of commercial sexual exploitation.
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exploitation or human trafficking. These activities and services
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may include, but are not limited to, all of the following:
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(A) Training foster Educating Training foster children to help recognize and
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help avoid commercial sexual exploitation. exploitation and human
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trafficking. Counties may target training educational activities to
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foster foster children who are at higher risk of commercial sexual
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exploitation. exploitation or human trafficking.
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(B) Engaging survivors of commercial sexual exploitation or
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human trafficking to do all of the following:
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(i) Provide support to county staff who serve children who are
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victims of commercial sexual exploitation. exploitation or human
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trafficking.
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(ii) Participate in activities that may include training education,
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training, and technical assistance.
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(iii) Serve as advocates for and perform outreach and support
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to children who are victims of commercial sexual exploitation.
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exploitation or human trafficking.
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(C) Consulting and coordinating with homeless youth shelters
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and other service providers who work with children who are
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disproportionately at risk of, or involved in, commercial sexual
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exploitation, including, but not limited to, lesbian, gay, bisexual,
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and transgender youth organizations, or human trafficking,
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regarding outreach and support to children who are victims of
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commercial sexual exploitation. exploitation or human trafficking.
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(D) Hiring county staff trained and specialized to work with
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children who are victims of commercial sexual exploitation or
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human trafficking to support victims and their caregivers, and to
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provide case management to support interagency and
2
cross-departmental response.
3
(E) Providing supplemental foster care rates for placement of
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child victims of commercial sexual exploitation or human
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trafficking adjudged to be within a dependent child of the definition
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of court, as defined in Section 300 300, within the definition of Section 300, to foster homes, relatives,
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foster family agency certified homes, or other specialized
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placements for the increased care and supervision needs of the
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victim in accordance with Section 11460.
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(5) A participating county shall measure the impact of its
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training and prevention education by surveying educators, county
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workers, and children. A participating county may measure the impact of its training and prevention education by surveying educators, county workers, and children.
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(b) Funds allocated for the program shall not supplant funds for
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existing programs.
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(c) (1) In order to ensure timely access to services to which
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commercially sexually exploited or trafficked children are entitled
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as dependents in foster care, in participating counties, county
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agency representatives from mental health, probation, public health,
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and substance abuse disorders shall participate in the case planning
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and assist in linking commercially sexually exploited or trafficked
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children to services that serve children who are in the child welfare
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system and that are identified in the child’s case plan and may
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include other stakeholders as determined by the county.
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(2) The entities described in paragraph (1) shall provide input
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to the child welfare services agency regarding the services and
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supports needed for these children to support treatment needs and
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aid in their recovery and may assist in linking these children to
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services that are consistent with their county plans submitted to
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the department pursuant to subdivision (d).
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(d) (1) A county electing to receive funding from the
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Commercially Sexually Exploited or Trafficked Children Program
32
pursuant to this chapter shall submit a plan describing how the
33
county intends to utilize the funds allocated pursuant to paragraph
34
(4) of subdivision (a).
35
(2) (A) The county shall submit a plan to the department
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pursuant to a process developed by the department, in consultation
37
with the County Welfare Directors Association. The plan shall
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include documentation indicating the county’s collaboration with
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county partner agencies agencies, educational entities, and
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children-focused entities, which shall include the formation of a
2
multidisciplinary team to serve children pursuant to this chapter.
3
A
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(B) A multidisciplinary team serving a child pursuant to this
5
chapter shall include, but is not limited to, appropriate staff from
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the county child welfare, probation, mental health, substance abuse
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disorder, law enforcement, and public health departments.
8
departments and local educational agencies. Staff from a local
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provider of services to this population, local education agencies,
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and local law enforcement, population population, local education agencies, and local law enforcement, and survivors of commercial
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sexual exploitation and human trafficking may be included on the
12
team.
13
SEC. 8. Section 16524.8 of the Welfare and Institutions Code
14
is amended to read:
15
16524.8. (a) (1) Each county electing to receive funds from
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the Commercially Sexually Exploited or Trafficked Children
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Program pursuant to this chapter shall develop an interagency
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response protocol to be utilized in serving sexually exploited or
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labor trafficked children. The county response protocol shall be
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developed by a team led by a representative of the county human
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services department and shall include representatives from each
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of the following agencies:
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(1)
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(A) The county probation department.
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(2)
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(B) The county mental health department.
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(3)
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(C) The county public health department.
29
(4)
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(D) The juvenile court in the county.
31
(E) The county office of education.
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(F) The county sheriff’s department.
33
The
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(2) The team may include, but shall not be limited to,
35
representatives from local education agencies, local law
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enforcement, survivors of sexual exploitation and human
37
trafficking, and other providers as necessary.
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(b) At a minimum, the interagency protocol shall address the
39
provision of services to children who have been sexually exploited
40
or trafficked and are within dependent children of the definition
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of court, as defined in within the definition of Section 300, including, but not limited to,
2
the use of a multidisciplinary team approach to provide coordinated
3
case management, service planning, and services to these children.
(c) Counties that developed a protocol prior to the inclusion of county offices of education and county sheriff’s departments as required partners pursuant to this section, may, but are not require, to revise protocols to reflect input by these entities.
4
SEC. 9. Section 16524.9 of the Welfare and Institutions Code
5
is amended to read:
6
16524.9. (a) The State Department of Social Services, in
7
consultation with the County Welfare Directors Association, shall
8
ensure that the Child Welfare Services/Case Management System
9
is capable of collecting data concerning children who are
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commercially sexually exploited, exploited or trafficked, including
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children who are referred to the child abuse hotline and children
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currently served by county child welfare and probation departments
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who are subsequently identified as victims of commercial sexual
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exploitation. exploitation or human trafficking.
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(b) The department shall collect and publish data regarding the
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use of county services, including the number of repeat visits per
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child to, and the duration of stay at, county provided service
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locations, such as assessment centers and foster homes.
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(c) The department shall collect and publish data demonstrating
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to what extent prevention education and training affect both the
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incidence of human trafficking and the levels of knowledge and
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vigilance about that issue.
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(a)
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(d) The department shall disseminate any necessary instructions
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on data entry to the county child welfare and probation department
26
staff.
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(b) The department shall implement this section no later than
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June 1, 2015. June 1, 2018.
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SEC. 10. No reimbursement is required by this act pursuant to
30
Section 6 of Article XIIIB of the California Constitution for certain
31
costs that may be incurred by a local agency or school district
32
because, in that regard, this act creates a new crime or infraction,
33
eliminates a crime or infraction, or changes the penalty for a crime
34
or infraction, within the meaning of Section 17556 of the
35
Government Code, or changes the definition of a crime within the
36
meaning of Section 6 of Article XIIIB of the California
37
Constitution.
38
However, if the Commission on State Mandates determines that
39
this act contains other costs mandated by the state, reimbursement
40
to local agencies and school districts for those costs shall be made
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pursuant to Part 7 (commencing with Section 17500) of Division
2
- of Title 2 of the Government Code.
PRIOR LEGISLATION:
AB 223 (Eggman), 2017, requires the Board of State and Community Corrections to establish a pilot project to be made available to Alameda, Sacramento, and San Joaquin counties, in order to create programs to provide services to address the needs of CSEC. This bill is currently awaiting hearing in the Assembly Appropriations Committee.
SB 1322 (Mitchell), Chapter 654, Statutes of 2016, decriminalized prostitution for individuals under 18 years of age.
AB 1760 (Santiago), 2016, contained some provisions similar to this bill and would have adopted a number of requirements for the Health and Human Services Agency, DSS, counties, and other entities, related to the provision of services for child trafficking victims. This bill was held on the Assembly Appropriations suspense file.
SB 794 (Senate Human Services Committee), Chapter 425, Statutes of 2015, implemented provisions of the federal Preventing Sex Trafficking and Strengthening Families Act, including conforming state with federal law in the areas of sex trafficking prevention and data collection, and the state’s reasonable and prudent standards, among other things.
SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, created the CSEC Program within DSS to further address the needs of the CSEC population.
AB 22 (Lieber), Chapter 240, Statutes of 2005, created the California Trafficking Victims Protection Act, which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking. In addition, the Act required law enforcement agencies to provide Law Enforcement Agency Endorsement to trafficking victims, providing trafficking victims with protection from deportation and created the human trafficking task force.
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Committee on Education.
REGISTERED SUPPORT / OPPOSITION:
Support
3 Strands (Sponsor)
American Academy of Pediatrics, CA
American Federation of State County and Municipal Employees
California Catholic Conference
California District Attorneys Association
Coalition to Abolish Slavery & Trafficking
Frederick Douglas Family Initiatives
Love Never Fails
17 Individuals
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Discussed in Hearing
1H
Senate Standing Committee on Appropriations
9MIN
Senate Standing Committee on Human Services
15MIN
Senate Standing Committee on Education
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
11MIN
