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CALIFORNIA PENDING Legislation

California Senate Bill 376 [CA SB 376] - Passed 7/21/2023 Human Trafficking: victim rights

SECTION 1. Section 236.21 is added to the Penal Code, to read:

236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victim’s choosing present at an interview by a law enforcement authority, prosecutor, or the suspect’s defense attorney. The law enforcement officer or prosecutor may exclude the support person from the interview if the law enforcement officer or prosecutor believes that the support person’s presence would be detrimental to the process.

(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or the suspect’s defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.

(3) For purposes of this section, the following definitions apply:

(A) “Human trafficking advocate” means a person employed by an organization specified in Section 1038.2 of the Evidence Code.

(B) “Support person” means a family member or friend of the survivor and does not include the human trafficking advocate.

(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victim’s choosing present at the interview.

(2) At the time the victim is advised of their rights under paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the suspect’s defense attorney or investigators or agents employed by the suspect’s defense attorney.

(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.

(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIII B of the California Constitution. Source: https://legiscan.com/CA/text/SB376/2023

Legislation Purpose: “This bill would provide that a victim of human trafficking or abuse has the right to have a human trafficking advocate, as defined, and a support person of the victim’s choosing present at an interview by a law enforcement authority, prosecutor, or the suspect’s defense attorney and would require the human trafficking advocate to advise the victim of the applicable limitations on the confidentiality of the victim’s communications with the advocate. The bill would authorize the law enforcement officer or the prosecutor to exclude the support person, but not the human trafficking advocate, if they believe that the support person’s presence would be detrimental to the process. The bill would require the attending law enforcement authority or prosecutor to notify a victim of human trafficking or abuse of their right to have a human trafficking advocate and support person of their choosing present at the interview, as specified. By creating a new notification requirement for local law enforcement and prosecutors, this bill would impose a state-mandated local program. 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.”

California Assembly Bill 2020 [CA AB 2020] - Introduced 1/31/2024 Amend Section 13898 of the Penal Code and add Division 15 [with Section 23020] to the Welfare and Institutions Code - relating to human trafficking

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 13898 of the Penal Code is amended to read:

13898. (a) Each county may establish and implement an interagency sexual assault response team (SART) program for the purpose of providing a forum for interagency cooperation and coordination, to assess and make recommendations for the improvement in the local sexual assault intervention system, and to facilitate improved communication and working relationships to effectively address the problem of sexual assault in California.

(b) Each SART program shall be established and implemented pursuant to the provisions of this chapter and Chapter 2 1 (commencing with Section 23020) of Division 15 of the Welfare and Institutions Code.

SEC. 2.Section 14902 of the Vehicle Code is amended to read:

14902. (a)Except as otherwise provided in subdivisions (b), (c), (d), (g), and (h) of this section, subdivision (c) of Section 13002, and subdivision (c) of Section 14900, upon an application for an identification card a fee of twenty dollars ($20), and on and after January 1, 2010, a fee of twenty-six dollars ($26), shall be paid to the department.

(b) An original or replacement senior citizen identification card issued pursuant to subdivision (b) of Section 13000 shall be issued free of charge.

(c) The fee for an original or replacement identification card issued to a person who has been determined to have a current income level that meets the eligibility requirements for assistance programs under Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, or Part 5 (commencing with Section 17000) of, or Article 9 (commencing with Section 18900) of Chapter 10 of Part 6 of, or Chapter 10.1 (commencing with Section 18930) or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code shall be six dollars ($6). The determination of eligibility under this subdivision shall be made by a governmental or nonprofit entity, which shall be subject to regulations adopted by the department.

(d) A fee shall not be charged for an original or replacement identification card issued to any person who can verify their status as a homeless person or homeless child or youth. A homeless services provider that has knowledge of the person’s housing status may verify the person’s status for purposes of this subdivision. A determination of eligibility pursuant to this subdivision shall be subject to regulations adopted by the department. A person applying for an identification card under this subdivision shall not be charged a fee for verification of their eligibility.

(e) All fees received pursuant to this section shall be deposited in the Motor Vehicle Account.

(f) For purposes of this section, the following definitions apply:

(1) A “homeless child or youth” has the same meaning as the definition of “homeless children and youths” as set forth in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

(2) A “homeless person” has the same meaning as the definition set forth in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

(3) A “homeless services provider” includes:

(A) A governmental or nonprofit agency receiving federal, state, or county or municipal funding to provide services to a “homeless person” or “homeless child or youth,” or that is otherwise sanctioned to provide those services by a local homeless continuum of care organization.

(B) An attorney licensed to practice law in this state.

(C) A local educational agency liaison for homeless children and youth designated as such pursuant to Section 11432 (g)(1)(J)(ii) of Title 42 of the United States Code, or a school social worker.

(D) A human services provider or public social services provider funded by the State of California to provide homeless children or youth services, health services, mental or behavioral health services, substance use disorder services, or public assistance or employment services.

(E) A law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff’s department within the state.

(F) Any other homeless services provider that is qualified to verify an individual’s housing status, as determined by the department.

(g)The fee for a replacement identification card issued to an eligible inmate upon release from a federal correctional facility or a county jail facility is eight dollars ($8). For purposes of this subdivision, “eligible inmate” means an inmate who meets all of the following requirements:

(1)The inmate previously held a California driver’s license or identification card.

(2)The inmate has a usable photo on file with the department that is not more than 10 years old.

(3)The inmate has no outstanding fees due for a prior California identification card.

(4)The inmate has provided, and the department has verified, their true full name, date of birth, social security number, and legal presence in the United States, or, upon implementation of paragraph (2) of subdivision (a) of Section 12801.9, if the inmate is unable to submit satisfactory proof that their presence in the United States is authorized under federal law, the inmate has provided proof of their identity pursuant to Section 12801.9.

(5)The inmate currently resides in a federal correctional facility or a county jail facility.

(6)The inmate has provided the department, upon application, a verification of their eligibility under this subdivision that meets all of the following requirements:

(A)Be on federal correctional facility letterhead or county sheriff letterhead.

(B)Be typed or computer generated.

(C)Contain the inmate’s name.

(D)Contain the inmate’s date of birth.

(E)Contain the original signature of an official from the federal correctional facility or county sheriff’s office.

(F)Be dated within 90 days of the date of application.

(h)The fee for an original or replacement identification card issued to an eligible inmate upon release from a state correctional facility is eight dollars ($8). For purposes of this subdivision, “eligible inmate” has the same meaning as that term is defined under subdivision (b) of Section 3007.05 of the Penal Code, and meets both of the following requirements:

(1)The inmate currently resides in a facility housing inmates under the control of the Department of Corrections and Rehabilitation.

(2)The inmate has provided the department, upon application, a verification of their eligibility under this subdivision that meets the requirements described under subparagraphs (A) to (D), inclusive, and (F) of paragraph (6) of subdivision (g) and contains the signature of an official from the state facility.

(i)The fee for a replacement identification card issued to an eligible patient treated in a facility of the State Department of State Hospitals is eight dollars ($8). For purposes of this subdivision, “eligible patient” means a patient who meets all of the following requirements:

(1)The patient previously held a California driver’s license or identification card.

(2)The patient has a usable photo on file with the department that is not more than 10 years old.

(3)The patient has no outstanding fees due for a prior California identification card.

(4)The patient has provided, and the department has verified, their true full name, date of birth, social security number, and legal presence in the United States, or, upon implementation of paragraph (2) of subdivision (a) of Section 12801.9, if the patient is unable to submit satisfactory proof that their presence in the United States is authorized under federal law, the patient has provided proof of their identity pursuant to Section 12801.9.

(5)The patient is currently preparing to be unconditionally discharged from a facility of the State Department of State Hospitals, or through a conditional release program.

(6)The patient has provided the department, upon application, a verification of their eligibility under this subdivision that meets all of the following requirements:

(A) Be on State Department of State Hospitals letterhead.

(B) Be typed or computer generated.

(D) Contain the patient’s date of birth.

(E) Contain the original signature of an official from the State Department of State Hospitals.

(F) Be dated within 90 days of the date of application.

(j) An original or replacement identification card issued to a survivor of human trafficking pursuant to Chapter 1 (commencing with Section 23000) of Division 15 of the Welfare and Institutions Code shall be issued free of charge.

SEC. 3.Division 15 (commencing with Section 23000) is added to the Welfare and Institutions Code, to read:

SEC. 2. Division 15 (commencing with Section 23020) is added to the Welfare and Institutions Code, to read:

DIVISION 15. Survivors of Human Trafficking Support Act

1.Identification Card Program

23000.The Department of Motor Vehicles shall facilitate the issuance of an original or replacement identification card pursuant to Section 13000 of the Vehicle Code to survivors of human trafficking. 23001.

(a) The Department of Motor Vehicles shall develop an application form specifically for identification cards issued pursuant to this chapter.

(b) This form may be completed, signed, and submitted on behalf of the applicant by any of the following persons:

(1) A counselor, advocate, or other employee of a local rape crisis center.

(2) A victim advocate as described in Section 679.04 of the Penal Code.

(3) A peace officer.

(4) A psychologist, psychiatrist, or other licensed mental health provider.

(5) A representative of any organization that provides services to victims of human trafficking.

(c) The form shall include an attestation by the person described in subdivision (b) that the applicant is a survivor of human trafficking.

(d) The form shall include a signed attestation by the applicant as to their true name, date of birth, and other identifying information required by the department. 23002.The department shall, as reasonable, assist the applicant in obtaining documentation of identity, including, without limitation, a birth certificate or foreign identification document, or shall, as reasonable, otherwise assist in verifying the identity of the applicant. 23003.

(a) If the applicant requires an original identification card, the department shall assist the applicant in making an appointment at the earliest time possible for a photograph and fingerprint at a local office of the department. If the identification card cannot be issued at the time of the appointment, the department shall provide the applicant a temporary identification document at the time of this visit.

(b) If the applicant requires a replacement identification card and the department is able to issue a replacement without an office visit, the department shall, without unnecessary delay, mail the replacement identification card or a temporary identification document to the applicant or to the person that submitted the application. 23004.Pursuant to Section 14902 of the Vehicle Code, an original or replacement identification card issued pursuant to this chapter shall be free of charge. 23005.The California Victim Compensation Board shall, on its internet website, post all of the following information:

(a) How to obtain an original or replacement identification card for victims of human trafficking pursuant to this chapter.

(b) How to obtain a replacement social security card.

(d) Information about the Safe at Home program of the Secretary of State. 23006.The Department of Motor Vehicles may adopt any rules or regulations necessary to carry out the provisions of this chapter.

CHAPTER 1. County Human Trafficking Survivor Boards

23020. (a) Any county that has established an interagency sexual assault response team pursuant to Section 13898 of the Penal Code shall establish a survivor review board to review feedback from survivors regarding their experience.

(b) Members of the board established pursuant to this section shall include key contributors to the interagency sexual assault response team and survivors of sexual assault.

(c) The purpose of the board shall be to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates. Feedback may be submitted in any form, may be submitted anonymously, and may be submitted by a service provider on behalf of a survivor.

(d) The board shall meet at least once every two months to review feedback that has been submitted. The board shall review all feedback to identify and respond to any of the following, without limitation:

(1) Policies and procedures resulting in positive outcomes.

(2) Policies and procedures resulting in negative outcomes and recommended changes to those policies and procedures.

(3) Failures to follow policy or protocol by service providers requiring training or accountability.

(4) Commendable accomplishments of service providers deserving recognition.

(e) The board shall, within 30 days of reviewing feedback, respond in writing to any survivor submitting feedback, unless that feedback was anonymously submitted.

(f) The board shall report recommendations regarding policies and procedures to the appropriate agency heads or legislative bodies.

CHAPTER 2. Law Enforcement Collaboration

23030. By no later than January 1, 2026, each law enforcement agency shall establish and maintain a written policy regarding interactions with survivors of human trafficking. A law enforcement agency may satisfy this requirement by adopting the model policy developed by the commission pursuant to Section 23034.

23032. (a) A policy established pursuant to this chapter shall incorporate best practices and shall, without limitation, include all of the following:

(1) A requirement that an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings.

(2) A requirement that the officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights.

(3) A requirement that, if the survivor requests an advocate, the officer contact the rape crisis center and arrange for an advocate to be present for any further interviews or examinations.

(4) A requirement that an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate.

(5) A requirement that the officer provide referrals to organizations that provide services to survivors of human trafficking.

(b) Each law enforcement agency shall also create a standardized written waiver of advocacy or may use the waiver developed by the commission pursuant to Section 23034.

23034. (a) By no later than January 1, 2026, the Commission on Peace Officer Standards and Training shall develop and promulgate a model policy for law enforcement personnel interactions with survivors of human trafficking.

(b) The model policy shall, without limitation, meet the requirements described in Section 23032.

(c) In developing the policy, the commission shall collaborate with community-based organizations providing services to health care professionals and survivors of human trafficking.

(d) The commission shall also develop and promulgate a standardized written waiver of advocacy, as described in Section 23032.

23036. As used in this chapter, the following terms are defined as follows:

(a) “Commission” means the Commission on Peace Officer Standards and Training.

(b) “Law enforcement agency” means any department or agency of the state or any political subdivision thereof that employs any peace officer, as described in Section 830 of the Penal Code, and that provides uniformed general law enforcement services to the public. “Law enforcement agency” includes, without limitation, any municipal police department, county sheriff’s department, the California Highway Patrol, and the University of California and California State University police departments.

SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains 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.

Source: https://legiscan.com/CA/bill/AB2020/2023

Legislation Purpose: “This bill would require a county that has an interagency sexual assault response team to establish a survivor review board, for the purpose of soliciting, accepting, and reviewing feedback from survivors regarding their experience with service providers, as specified. The bill would require this board to meet at least once every two months to review feedback, develop recommendations in response to feedback, and to respond to any feedback in writing, as specified.

This bill would require the commission to develop a model policy for interacting with survivors of human trafficking. The bill would require each law enforcement agency to, by no later than January 1, 2026, adopt a written policy for interacting with survivors of human trafficking and would allow agencies to satisfy this requirement by adopting the model policy developed by the commission.

By requiring local agencies to adopt a new policy, this bill would impose a state-mandated local program.

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 the statutory provisions noted above.”

California Senate Bill 998 [CA SB 998] - Status: (Introduced) 2024-05-16 - May 16 hearing: Held in committee and under submission.

An act to amend Sections 300, 306, 16501.1, 16501.35, 16501.45, 16524.6, 16524.7, 16524.8, 16524.9, and 16524.10 of, and to repeal Section 16524.11 of, the Welfare and Institutions Code, relating to human trafficking.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SEC. 4.SECTION 1. Section 16501.35 of the Welfare and Institutions Code is amended to read:

16501.35. (a) (1) On or before September 29, 2016, county child welfare agencies and probation departments shall implement policies and procedures that require social workers and probation officers to do all of the following:

(A) Identify children receiving child welfare services, including dependents or wards in foster care, nonminor dependents, and youth receiving services pursuant to Section 677 of Title 42 of the United States Code, who are, or are at risk of becoming, victims of commercial sexual exploitation.

(B) Document individuals identified pursuant to subparagraph (A) in the Child Welfare Services/Case Management System and any other agency record as determined by the county.

(D) Receive relevant training in the identification, documentation, and determination of appropriate services for any child or youth identified in subparagraph (A).

(2) (A) On or before January 1, 2026, county child welfare agencies and probation departments shall expand the policies and procedures implemented pursuant to paragraph (1) to apply to children who are, or are at risk of becoming, victims of labor trafficking.

(B) For the purposes of this chapter, “labor trafficking” shall mean the same as forced labor as defined in Section 236.1 of the Penal Code.

(b) County child welfare agencies and probation departments shall develop and implement specific protocols to expeditiously locate any child missing from foster care. At a minimum, these policies shall do all of the following:

(1) Describe the efforts used by county child welfare or probation staff to expeditiously locate any child or nonminor dependent missing from care, including, but not limited to, the timeframe for reporting missing youth, the individuals or entities entitled to notice that a youth is missing, any required initial and ongoing efforts to locate youth, and plans to return youth to placement.

(2) Require the social worker or probation officer to do all of the following:

(A) Determine the primary factors that contributed to the child or nonminor dependent running away or otherwise being absent from care.

(B) Respond to factors identified in paragraph (2) in subsequent placements, to the extent possible.

(D) Determine whether the child or nonminor dependent is a possible victim of human trafficking.

(E) Document the activities and information described in subparagraphs (A) to (D), inclusive, for federal reporting purposes, consistent with instructions from the department.

(c) (1) In consultation with stakeholders, including, but not limited to, the County Welfare Directors Association of California, the Chief Probation Officers of California, former foster youth, and child advocacy organizations, the department shall, no later than January 1, 2020, develop model policies, procedures, and protocols to assist the counties to comply with this section. In addition, the department shall consult with the California Department of Education, the State Department of Health Care Services, state and local law enforcement, and agencies with experience serving children and youth at risk of commercial sexual exploitation in the development of the model policies and procedures described in subdivision (a).

(2) In consultation with the stakeholders identified in paragraph (1) and agencies with experience serving children and youth at risk of becoming victims of labor trafficking, the department shall, no later than January 1, 2026, revise the model policies and procedures described in subdivision (a) and developed pursuant to paragraph (1) to apply to children who are, or are at risk of becoming, victims of labor trafficking.

(d) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters or similar instructions until regulations are adopted.

SEC. 5.SEC. 2. Section 16501.45 of the Welfare and Institutions Code is amended to read:

16501.45. (a) To ensure compliance with federal reporting requirements, including those of Public Law 113-183, the Preventing Sex Trafficking and Strengthening Families Act, the State Department of Social Services shall ensure that the Child Welfare Services/Case Management System is capable of collecting all of the following information:

(1) The number of dependent children or wards in foster care who were victims of human trafficking, labor trafficking, or both before entering foster care.

(2) The number of dependent children or wards in foster care who became victims of human trafficking, labor trafficking, or both while in foster care.

(3) The number of dependent children or wards in foster care who go missing, run away, or are otherwise absent from care and were victims of human trafficking, victims of labor trafficking, or both during the time away from placement.

(4) The number of dependent children or wards in foster care who are at risk of becoming victims of human trafficking, labor trafficking, or both.

(5) For children in foster care placed in group homes or short-term residential treatment centers, the data identified in Section 679b(a)(7)(A) of Title 42 of the United States Code.

(6) Data regarding children and nonminor dependents in foster care who are pregnant or parenting, as required by Section 679b(a)(7)(B) of Title 42 of the United States Code.

(b) County social workers and probation officers shall collect the data identified in subdivision (a) consistent with data entry instructions provided by the department.

(c) Upon the request of the department, a county child welfare agency, county probation department, or entity operating a program pursuant to an agreement with the department under Section 10553.1, shall provide additional information or data necessary for the department to comply with federal reporting requirements.

SEC. 6.SEC. 3. 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 human trafficking, and adequately serve children who have been victims of human trafficking, 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. 7.SEC. 4. Section 16524.7 of the Welfare and Institutions Code is amended to read:

16524.7. (a) (1) There is hereby established the Human 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 and intervention services, and training related to children who are, or may become, victims of human trafficking.

(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 to identify, intervene, and provide case management services to children who are victims of 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 and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, 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, intervention activities, and services to children who are victims, or at risk of becoming victims, of human trafficking. 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 becoming a victim of human trafficking. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation.

(B) Engaging survivors of human trafficking to do all of the following:

(i) Provide support to county staff who serve children who are victims of human trafficking.

(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 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, human trafficking, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of human trafficking.

(D) Hiring county staff trained and specialized to work with children who are victims of 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 human trafficking 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 children who are victims of human trafficking 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 children who are victims of human trafficking to services that serve children who are in the child welfare system and that are identified in the child’s 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 Human 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 county’s 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 human trafficking may be included on the team.

SEC. 8.SEC. 5.

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 Human Trafficked Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving children who are victims of human trafficking. 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.

(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 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 victims of human trafficking 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 sheriff’s 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. 6. Section 16524.9 of the Welfare and Institutions Code is amended to read:

16524.9. (a) (1) 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.

(2) The department shall ensure that the Child Welfare Services/Case Management System is collecting data concerning children who are victims of human trafficking, including those children referred as described in paragraph (1) who are subsequently identified as victims of human trafficking no later than June 1, 2025.

(b) The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff.

SEC. 10.SEC. 7. Section 16524.10 of the Welfare and Institutions Code is amended to read:

16524.10. (a) The State Department of Social Services, no later than April 1, 2017, shall provide the following information to the Legislature regarding the implementation of this chapter:

(1) The participating counties.

(2) The number of victims served by each county.

(3) The types of services provided.

(4) Innovative strategies relating to collaboration with children, child service providers, and survivors of commercial sexual exploitation regarding prevention, training, and services.

(5) The identification of further barriers and challenges to preventing and serving commercially sexually exploited children.

(b) (1) The department, no later than April 1, 2025, shall provide an update to the Legislature on the information submitted pursuant to subdivision (a) regarding the implementation of this chapter and shall also provide the following information:

(A) Innovative strategies relating to collaboration with survivors of labor trafficking regarding prevention, training, and services.

(B) The identification of further barriers and challenges to preventing and serving children who are victims of labor trafficking.

(2) The update and information to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 11.SEC. 8. Section 16524.11 of the Welfare and Institutions Code is repealed.

SEC. 12.SEC. 9. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.

Source: https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240SB998

Legislation Purpose: According to the Legislative Counsel’s Digest:

“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. 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 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 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.

This bill would provide that no reimbursement is required by this act for a specified reason.”

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