SB 998: Dependency: victims of human trafficking.

Session Year: 2023-2024
House: Senate

Current Status:

Failed

(2024-05-16: May 16 hearing: Held in committee and under submission.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

Existing law defines human trafficking to include both sex trafficking and labor trafficking. Existing law requires county child welfare agencies and probation departments to implement policies and procedures that require social workers and probation officers to, among other things, identify children receiving child welfare services who are, or are at risk of becoming, victims of commercial sexual exploitation.

Existing law allows a child who is sexually trafficked, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts, and whose parent or guardian has failed or was unable to protect the child, to be adjudged a dependent of the juvenile court.This bill would instead authorize a child who is or was a victim of human trafficking, and whose parent or guardian has failed or was unable to protect the child, to be adjudged a dependent of the juvenile court, thereby expanding the bases on which a child can be adjudged a dependent child of the juvenile court to explicitly include children who are victims of labor trafficking. The bill would make various related changes to reflect this expansion, including, among other things, revising a requirement relating to the case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, to instead apply to a child or nonminor dependent who is, or who is at risk of becoming, the victim of human trafficking. By expanding county duties, this bill would impose a state-mandated local program.Existing law authorizes a social worker, in specified circumstances, to take temporary custody of a child who is or may be subject to the dependency jurisdiction of the court.The bill would generally prohibit a social worker from taking temporary custody of a child who is the victim of human trafficking if the childs parent or guardian has not participated, either directly or indirectly, in the childs trafficking.

This bill would, on or before January 1, 2026, require county child welfare agencies and probation departments to expand the above-described policies to apply to children who are, or are at risk of becoming, victims of labor trafficking, as specified. By expanding county duties, this bill would impose a state-mandated local program.

Existing law requires the State Department of Social Services to ensure that the statewide child welfare information system is capable of collecting various information, including the number of dependent children or wards in foster care who became victims of commercial sexual exploitation in foster care.

The bill would revise these provisions to require the State Department of Social Services to ensure that the Child Welfare Services/Case Management System is capable of collecting specified information, including, among other things, the number of dependent children or wards in foster care who became victims of human trafficking, labor trafficking, or both, within foster care.

Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services. The program requires the department to provide funds to participating counties to provide 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 and to foster caregivers for the prevention and identification of potential victims. Existing law requires the department to provide specified information to the Legislature regarding the implementation of these provisions, including the number of victims served by each county and the types of services provided, no later than April 1, 2017.

This bill would change the name of the program to the Human Trafficked Children Program and revise all parts of the program to include all children who are victims of human trafficking, including those who are the victims of labor trafficking. The bill would require the department to provide and update information provided to the Legislature regarding implementation of these provisions and to provide additional information relating to serving child victims of labor trafficking.

Existing law requires the department, in consultation with the County Welfare Directors Association, to ensure that the child welfare information system is capable of collecting data concerning children who are commercially sexually exploited, as specified.

This bill would require the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are victims of human trafficking no later than June 1, 2025.

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 no reimbursement is required by this act for a specified reason.

Discussed in Hearing