AB 1985

Bill Subjects

Abstract

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 explicitly authorize a child who is or was a victim of labor trafficking, 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 make various related changes to reflect this expansion, including, among other things, a requirement that the case plan for a child nonminor dependent who is, or who is at risk of becoming, the victim of labor trafficking, document the services provided to address that issue. 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 child's parent or guardian has not participated, either directly or indirectly, in the child's trafficking. 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 children's 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 children who are 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. 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 the Legislature finds there is no mandate contained in the bill that will result in costs incurred by a local agency or school district for a new program or higher level of service which require reimbursement pursuant to these constitutional and statutory provisions.