AB 1760

Bill Subjects

Abstract

(1) Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violates another person's personal liberty with the intent to obtain forced labor or services or who deprives or violates another person's personal liberty with the intent to obtain forced labor or services or for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring. This bill would require a peace officer to determine whether a suspect of a crime is a minor who is a human trafficking victim, and whether any other crime that person is suspected of was committed as a direct result of being trafficked. The bill would require the peace officer to make a record of this determination and provide the district attorney with the record for an independent review. Upon making this determination, unless the minor is otherwise arrested, the bill would require the peace officer to report suspected abuse or neglect of the minor to the county child welfare agency and consult with a child welfare worker regarding safe placement for the minor and would require the peace officer to transport the minor to that placement. The bill would allow the minor to be adjudged a dependent subject to the jurisdiction of the juvenile court and would allow the minor to be taken into temporary custody to protect the minor from his or her human trafficker. By imposing new duties on local peace officers, this bill would impose a state-mandated local program. (2) Existing law requires the Commission on Peace Officer Standards and Training to implement a course of instruction for the training of law enforcement officers in California in the handling of human trafficking complaints and to develop guidelines for law enforcement response to human trafficking. This bill would require the commission to update its training to conform with changes in law that this bill would make regarding minors who are victims of human trafficking. (3) 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 additionally allow a child who was deprived of his or her personal liberty with the intent to obtained forced labor or services, and whose parent or guardian has failed or was unable to protect the child, to be adjudged a dependent of the juvenile court. The bill would require the State Department of Social Services, in consultation with the California Child Welfare Council, the State Department of Health Care Services, the Children and Family Services Division of the State Department of Social Services, the Department of Corrections and Rehabilitation, Division of Juvenile Justice, and the State Department of Education, as well as specified stakeholders, to submit a report to the Legislature no later than July 1, 2018, on efforts already underway to address labor trafficking of minors and a detailed plan for how the State Department of Social Services, in conjunction with the California Health and Human Services Agency, will address labor trafficking of minors, as provided. (4) Existing law requires the administrator certification program for group homes, the administrator certification program for short-term residential treatment centers, mandatory training for licensed or certified foster parents, and training for mandated child abuse reporters and child welfare personnel to include cultural competency and sensitivity and related best practices for children across diverse ethnic and racial backgrounds as well as children identifying as lesbian, gay, bisexual, or transgender. This bill would require that the administrator certification program for group homes, the administrator certification program for short-term residential treatment centers, mandatory training for licensed or certified foster parents, and training for mandated child abuse reporters and child welfare personnel include instruction on cultural competency and sensitivity and related best practices for providing adequate care to child trafficking victims. (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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.